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(a)Time for application. A person must apply for the
title not later than the 30th day after the date of assignment, except:
(1)in a seller-financed sale, the title must be applied
for not later than the 45th day after the date the motor vehicle is
delivered to the purchaser;
(2)a member of the armed forces or a member of a reserve
component of the United States, a member of the Texas National Guard
or of the National Guard of another state serving on active duty,
must apply not later than the 60th day after the date of assignment
of ownership; or
(3)as otherwise provided by Transportation Code, Chapter
501.
(b)Place of application. Except as otherwise provided
by Transportation Code, Chapters 501 and 502, and by §217.84(a)
of this title (relating to Application for Nonrepairable or Salvage
Vehicle Title), when motor vehicle ownership is transferred, a title
application must be filed with:
(1)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; or
(2)a county tax assessor-collector of a county who
is willing to accept the application.
(c)Information to be included on application. An applicant
for an initial title must file an application on a form prescribed
by the department. The form will at a minimum require the:
(1)motor vehicle description including, but not limited
to, the motor vehicle:
(A)year;
(B)make;
(C)identification number;
(D)body style; and
(E)empty weight;
(2)license plate number, if the motor vehicle is subject
to registration under Transportation Code, Chapter 502;
(3)odometer reading and brand, or the word "exempt"
if the motor vehicle is exempt from federal and state odometer disclosure
requirements;
(4)previous owner's legal name and municipality and
state, if available;
(5)legal name as stated on the identification presented
and complete address of the applicant;
(6)name and mailing address of any lienholder and
the date of lien, if applicable;
(7)signature of the seller of the motor vehicle or
the seller's authorized agent and the date the title application was
signed; and
(8)signature of the applicant or the applicant's authorized
agent and the date the title application was signed.
(d)Accompanying documentation. The title application
must be supported by, at a minimum, the following documents:
(1)evidence of vehicle ownership, as described in
§217.5 of this title (relating to Evidence of Motor Vehicle Ownership);
(2)an odometer disclosure statement properly executed
by the seller of the motor vehicle and acknowledged by the purchaser,
if applicable;
(3)proof of financial responsibility in the applicant's
name, as required by Transportation Code, §502.046, unless otherwise
exempted by law;
(4)a vehicle inspection report if required by Transportation
Code, Chapter 548, and Transportation Code, §501.030, and if
the vehicle is being titled and registered, or registered only;
(5)a release of any liens, provided that if any liens
are not released, they will be carried forward on the new title application
with the following limitations:
(A)A lien recorded on out-of-state evidence as described
in §217.5 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; and
(B)A lien recorded on out-of-state evidence as described
in §217.5 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; and
(6)any documents required by §217.9 of this title
(relating to Bonded Titles).
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the Secretary of State on February 11, 2022
TRD-202200475 Aline Aucoin
General Counsel
Texas Department of Motor Vehicles
Effective date: March 1, 2022
Proposal publication date: November 12, 2021
For further information, please call: (512) 465-4209
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