(a)(No change.) (b)Initial application for certificate of title. (1)Time for application. A person must apply for the certificate of title within 20 working days after the date of receiving the transfer documents, except: (A)that in a seller-financed sale, the certificate of title must be applied for not later than the 45th day after the date the motor vehicle is delivered to the purchaser; or (B)as provided by §215.144(e) of this title (relating to Record of Sales and Inventory). (2)Place of application. When motor vehicle ownership is transferred, [except as provided by Transportation Code, Chapters 501 and 502 and by §217.63(a) of this chapter (relating to Application for Non-repairable or Salvage Vehicle Title),] a certificate of title application must be filed with the county tax assessor-collector in the county in which the applicant resides or in the county in which the motor vehicle was purchased or encumbered, as selected by the applicant, except:[.] (A)as provided by Transportation Code, Chapters 501 and 502 and by §217.63(a) of this chapter (relating to Application for Non-repairable or Salvage Vehicle Title); or (B)if a county has been declared a disaster area, the resident may apply at the closest unaffected county if the affected county tax assessor-collector estimates the county offices will be inoperable for a protracted period. (3)Information to be included on application. An applicant for an initial certificate of title must file an application on a form prescribed by the department. The form will at a minimum require the: (A)motor vehicle description including, but not limited to, the motor vehicle's: (i)year; (ii)make; (iii)model; (iv)identification number; (v)body style; (vi)manufacturer's rated carrying capacity in tons for commercial motor vehicles; and (vii)empty weight; (B)license plate number, if the motor vehicle is subject to registration under Transportation Code, Chapter 502; (C)odometer reading and brand, or the word "exempt" if the motor vehicle is exempt from federal and state odometer disclosure requirements; (D)previous owner's name and city and state of residence; (E)name and complete address of the applicant; (F)name and mailing address of any lienholder and the date of lien, if applicable; (G)signature of the seller of the motor vehicle or the seller's authorized agent and the date the certificate of title application was signed; and (H)signature of the applicant or the applicant's authorized agent and the date the certificate of title application was signed. (4)Serial number. If no serial number is die-stamped by the manufacturer on a motor vehicle, house trailer, trailer, semitrailer, or item of equipment required to be titled, or if the serial number assigned and die-stamped by the manufacturer has been lost, removed, or obliterated, the department will on proper application, presentation of evidence of ownership, and presentation of evidence of a law enforcement physical inspection, assign a serial number to the motor vehicle, trailer, or equipment. The manufacturer's serial number or the assigned serial number will be used by the department as the major identification of the motor vehicle or trailer in the issuance of a certificate of title. (5)Accompanying documentation. The certificate of title application must be supported by, at a minimum, the following documents: (A)evidence of vehicle ownership, as described in subsection (c) of this section; (B)an odometer disclosure statement properly executed by the seller of the motor vehicle and acknowledged by the purchaser, if applicable; (C)proof of financial responsibility in the applicant's name, as required by Transportation Code, §502.153, unless otherwise exempted by law; (D)an identification certificate if required by Transportation Code, §548.256, and Transportation Code, §501.030, and if the vehicle is being titled and registered, or registered only; and (E)a release of any liens, provided that if any liens are not released, they will be carried forward on the new certificate of title application with the following limitations. (i)A lien recorded on out-of-state evidence as described in subsection (c) of this section cannot be carried forward to a Texas title when there is a transfer of ownership, unless a release of lien or authorization from the lienholder is attached. (ii)A lien recorded on out-of-state evidence as described in subsection (c) of this section is not required to be released when there is no transfer of ownership from an out-of-state title and the same lienholder is being recorded on the Texas application as is recorded on the out-of-state title. (6)Identification required. (A)An owner may not apply for a title unless the applicant presents a current photo identification of the owner containing a unique identification number. The identification document must be a: (i)driver's license or state identification certificate issued by a state or territory of the United States; (ii)United States or foreign passport; (iii)United States military identification card; or (iv)United States Department of Homeland Security, United States Citizenship and Immigration Services, or United States Department of State identification document. (B)If the motor vehicle is titled in: (i)more than one name, then only one identification must be presented; (ii)the name of a leasing company, then either the identification of the lessee must be presented, or identification of the lessor's employee along with a business card or authorization written on the lessor's letterhead matching the identification of the employee must be presented; (iii)the name of a trust, then the identification of a trustee must be presented; or (iv)the name of a business, government entity, or organization, then a business card or authorization written on letterhead must be presented matching the identification of the applicant. (c) - (d)(No change.) (e)Replacement of certificate of title. If a certificate of title is lost or destroyed, the department will issue a certified copy of the title to the owner, the lienholder, or a verified agent of the owner or lienholder in accordance with Transportation Code, Chapter 501, on proper application and payment of the appropriate fee to the department. (1)Identification required. (A)An owner or lienholder may not apply for a title unless the applicant presents a current photo identification of the owner or lienholder containing a unique identification number. The identification document must be a: (i)driver's license or state identification certificate issued by a state or territory of the United States; (ii)United States or foreign passport; (iii)United States military identification card; or (iv)United States Department of Homeland Security, United States Citizenship and Immigration Services, or United States Department of State identification document. (B)If the motor vehicle is titled in: (i)more than one name, then identification for each owner must be presented; (ii)the name of a leasing company, the identification of the lessor's employee along with a business card or authorization written on the lessor's letterhead matching the identification of the employee must be presented; (iii)the name of a trust, then the identification of a trustee must be presented; or (iv)the name of a business, government entity, or organization, then a business card or authorization written on letterhead must be presented matching the identification of the applicant. (C)If a power of attorney is being used to apply for a certified copy of title, then the applicant must show: (i)identification matching the person or employee of the entity named as power of attorney; (ii)a business card or authorization written on the letterhead of an entity named as power of attorney that matches the identification of the employee; and (iii)identification of the owner or lienholder. [(1)]Certified copy.] (2)[(A)] Issuance. An application for a certified copy must be properly executed and supported by appropriate verifiable proof for the vehicle owner, lienholder, or agent regardless of whether the application is submitted in person or by mail. (A)[(i)] If the applicant requests that a certified copy be issued before the fourth business day following application, the application must be made in person. (B)[(ii)] An applicant other than the vehicle owner, lienholder, or verified agent must apply for a certified copy of a certificate of title by mail. (3)[(B)] Denial. If issuance of a certified copy is denied, the applicant may resubmit the request with the required verifiable proof or may pursue the privileges available in subsection (g)(2)(A) and (B) of this section. (4)[(2)] Certified copy designation. A certified copy of an existing certificate of title will be marked "Certified Copy" until ownership of the vehicle is transferred, when the words "Certified Copy" will be eliminated from the new certificate of title. (5)[(3)] Fees. The fee for obtaining a certified copy of a certificate of title is $2 [$2.00] if the application is submitted to the department by mail and $5.45 if the application is submitted in person for expedited processing at one of the department's regional offices. (f) - (h)(No change.)
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on October 14, 2011
TRD-201104360 Brett Bray
General Counsel
Texas Department of Motor Vehicles
Earliest possible date of adoption: November 27, 2011
For further information, please call: (512) 467-3853
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