(iv)a written confirmation that a physical inspection of the safety certification label has been made by the department and that the motor vehicle meets United States motor vehicle safety standards; (v)the original bond release letter, verification thereof, or written confirmation from the previous state verifying that a bond release letter issued by the USDOT was relinquished to that jurisdiction, if the non United States standard motor vehicle was last titled or registered in another state for one year or less; or (vi)verification from the vehicle manufacturer on its letterhead stationery. (4)Alterations to documentation. An alteration to a registration receipt, title, manufacturer's certificate, or other evidence of ownership constitutes a valid reason for the rejection of any transaction to which altered evidence is attached. (A)Altered lien information on any surrendered evidence of ownership requires a release from the original lienholder or a statement from the proper authority of the state in which the lien originated. The statement must verify the correct lien information. (B)A strikeover that leaves any doubt about the legibility of any digit in any document will not be accepted. (C)A corrected manufacturer's certificate of origin will be required if the manufacturer's certificate of origin contains an: (i)incomplete or altered vehicle identification number; (ii)alteration or strikeover of the vehicle's model year; (iii)alteration or strikeover to the body style, or omitted body style on the manufacturer's certificate of origin; or (iv)alteration or strikeover to the weight [ manufacturer's rated carrying capacity]. (D)A Statement of Fact may be requested to explain errors, corrections, or conditions from which doubt does or could arise concerning the legality of any instrument. A Statement of Fact will be required in all cases: (i)in which the date of sale on an assignment has been erased or altered in any manner; or (ii)of alteration or erasure on a Dealer's Reassignment of Title. (5)Rights of survivorship. A signed "rights of survivorship" agreement may be executed by a natural person acting in an individual capacity in accordance with Transportation Code, §501.031. [(6)Identification required through August 31, 2013]. [(A)An application for title is not acceptable unless the applicant presents a government-issued current photo identification of the owner containing a unique identification number, expiration date, and birth date. The identification document may also be a document listed in paragraph (7)(A) of this subsection.] [(B)The requirements of paragraph (7)(B) - (E) apply to this paragraph.] (6)[(7)] Identification required [on or after September 1, 2013]. (A)An application for title is not acceptable unless the applicant presents a current photo identification of the owner containing a unique identification number and expiration date. 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; (iv)North Atlantic Treaty Organization identification or identification issued under a Status of Forces Agreement; or (v)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 the identification of one owner must be presented; (ii)the name of a leasing company, then: (I)the leasing company may submit the identification of the lessee listed as the registrant or the identification of the employee who signed the application for the leasing company; and (II)the employee's printed [the identification of the lessee or 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 name and a photo identification of a trustee must be presented; or (iv)the name of a business, government entity, or organization, then identification including the name and a photo and a printed [a] business card or authorization written on letterhead must be presented matching the identification of the applicant. (C)In addition to the requirements of subparagraphs (A) and (B) of this paragraph, if [If] a power of attorney is being used to apply for a title, then the applicant must show: (i)identification with the name and a photo matching the person [or employee of the entity] named as power of attorney; or (ii)identification with name and photo, and a printed [a] business card or authorization written on the letterhead of the [an] entity named as power of attorney that matches the identification of the employee if the power of attorney names an entity.[; and] [(iii)identification of the owner or lienholder.] (D)Within this subsection, "current" is defined as not to exceed 12 months after the [of] expiration date, except that a state-issued personal identification certificate issued to a qualifying person is considered current if the identification states that it has no expiration. (E)Within this subsection, an identification document such as a printed business card, letter of authorization, or power of attorney, may be an original or a photocopy. (F)[(E)] A person who holds a general distinguishing number issued under Transportation Code, Chapter 503 [of the Transportation Code] or Occupations Code, Chapter 2301[, Occupations Code,] is not required to submit the owner's identification to the county tax assessor-collector, but must retain a copy of the owner's current photo identification in the purchase and sales records as required under §215.144 of this title (relating to Record of Sales and Inventory). (d)Title issuance. (1)Issuance. The department or its designated agent will issue a receipt and process the application for title on receipt of: (A)a completed application for title; (B)required accompanying documentation [required by subsections (b)(4) and (c) of this section]; (C)the statutory fee for a title application, unless exempt under: (i)Transportation Code, §501.138; or (ii)Government Code, §431.039 and copies of official military orders are presented as evidence of the applicant's active duty status and deployment orders to a hostile fire zone; and (D)any other applicable fees. (2)Titles. The department will issue and mail or deliver a title to the applicant or, in the event that there is a lien disclosed in the application, to the first lienholder unless the title is an electronic record of title. (3)Receipt. The receipt issued at the time of application for title may be used only as evidence of title and may not be used to transfer any interest or ownership in a motor vehicle or to establish a new lien. (e)Replacement of title. If a 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 certified copy of title unless the applicant presents a current photo identification of the owner or lienholder containing a unique identification number and expiration date. 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; (iv)North Atlantic Treaty Organization identification or identification issued under a Status of Forces Agreement; or (v)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 the identification for each owner must be presented; (ii)the name of a leasing company, then the identification of the registrant or employee who signed the application for the leasing company and the employee's printed [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 identification including the name and a photo, a printed [a] business card or authorization written on letterhead must be presented matching the identification of the applicant. (C)In addition to the requirements of subparagraphs (A) and (B) of this paragraph, if [If] a power of attorney is being used to apply for a certified copy of title, then the applicant must show: (i)identification with name and photo matching the person [or employee of the entity] named as power of attorney; or (ii)identification with name and photo, and a printed [a] business card or authorization written on the letterhead of the [an] entity named as power of attorney that matches the identification of the employee if the power of attorney names an entity.[; and] [(iii)identification of the owner or lienholder.] (D)Within this subsection, "current" is defined as within 12 [six] months after the [of ] expiration date, except that a state-issued personal identification certificate issued to a qualifying person is considered current if the identification states that it has no expiration. (E)Within this subsection, an identification document, such as a printed business card, letter of authorization, or power of attorney, may be an original or a photocopy. (2)Issuance. An application for a certified copy must be properly executed and supported by appropriate verifiable proof of [for] the vehicle owner, lienholder, or agent regardless of whether the application is submitted in person or by mail. A certified copy will not be issued until after the 14th day that the original title was issued. (3)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 accordance with Transportation Code, §501.052 and §501.053. (4)Additional copies. An additional certified copy will not be issued until 30 days after issuance of the first certified copy. [Certified copy designation. A certified copy of an existing title will be marked "Certified Copy" until ownership of the vehicle is transferred, when the words "Certified Copy" will be eliminated from the new title.] (5)Fees. The fee for obtaining a certified copy of a title is $2 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)Department notification of second hand vehicle transfers. A transferor of a motor vehicle may voluntarily make written notification to the department of the sale of the vehicle, in accordance with Transportation Code, §501.147. The written notification may be submitted to the department by mail, in person at one of the department's regional offices, or electronically through the department's Internet website. (1)Records. On receipt of written notice of transfer from the transferor of a motor vehicle, the department will mark its records to indicate the date of transfer and will maintain a record of the information provided on the written notice of transfer. (2)Title issuance. A title will not be issued in the name of a transferee until the transferee files an application for the title as described in this section. (g)Bonded titles [and County Tax Assessor-Collector Hearings]. (1)Who may file. [Application for bonded title.] A person who has an interest in a motor vehicle to which the department has refused to issue a title or has suspended or revoked a title may request issuance of a title from [ file a bond with] the department on a prescribed [department ] form if the vehicle is in the possession of the applicant; and[.] (A)there is a record that indicates a lien that is less than ten years old and the surety bonding company ensures lien satisfaction or release of lien; or (B)there is a record that indicates there is not a lien or the lien is ten or more years old. (2)Administrative fee. The applicant must pay the department a $15 administrative fee in addition to any other required fees. (3)[(A)] Value. The amount of the bond must be equal to one and one-half times the value of the vehicle as determined using the Standard Presumptive Value (SPV) from the department's Internet website. If the SPV is not available, then a national reference guide will be used. If the value cannot be determined by either source, then the person may obtain an appraisal. (A)[(i)] The appraisal must be on a department form from a Texas licensed motor vehicle dealer for the categories of motor vehicles that the dealer is licensed to sell or a Texas licensed insurance adjuster who may appraise any type of motor vehicle. (B)[(ii)] The appraisal must be dated and be submitted to the department [county tax assessor-collector] within 30 days of the appraisal [ purchase or assignment]. (C)[(iii)] If the motor vehicle is 25 years or older, the appraised value of the vehicle cannot be [an appraisal] less than $4,000 [will not be accepted]. [(B)Administrative Fee. The applicant must pay the department a $15 administrative fee in addition to any other required fees.] (4)[(C)] Out-of-state vehicle inspection [vehicles]. If the applicant is a Texas resident, but the evidence indicates that the vehicle is an out-of-state vehicle, the vehicle identification number must be verified by a Texas licensed Safety Inspection Station or [,] a law enforcement officer who holds an auto theft certification[ , or a department Regional Service Center on a form prescribed by the department]. [(D)Issuance. On the filing of the bond, the department may issue a title.] (5)Place of application. An applicant may apply for a bonded title if the applicant submits: (A)a pencil tracing or photo of the vehicle identification number, or if unable, then a Statement of Physical Inspection, Form VTR-270; (B)any evidence of ownership; (C)the original bond within 30 days of issuance; (D)the rejection letter within one year of issuance and the receipt for $15 paid to the department; (E)the documentation determining the value of the vehicle; (F)an Out-of-State Vehicle Identification Certificate, Form VI-30 from the Texas Department of Public Safety, if there is no Texas record; (G)a weight certificate if there is no title or the vehicle is an out of state commercial vehicle; (H)a certification of lien satisfaction by the surety bonding company or a release of lien if the rejection letter states that there may be a lien less than ten years old; and Cont'd...
|
