Texas Register

TITLE 43 TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 217VEHICLE TITLES AND REGISTRATION
SUBCHAPTER AMOTOR VEHICLE TITLES
RULE §217.3Motor Vehicle Titles
ISSUE 03/28/2014
ACTION Final/Adopted
Preamble Texas Admin Code Rule

      (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.

    (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.

    (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)proof of the Federal Employer Identification Number/Employee Identification Number (FEIN/EIN) of the leasing company must be submitted, written on the application, and can be entered into the department's titling system. The number must correspond to the name of the leasing company in which the vehicle is being titled; and

        (II)the leasing company may submit:

          (-a-)a government issued photo identification, required under subparagraph (A) of this paragraph, of the lessee listed as the registrant; or

          (-b-)a government issued photo identification, required under subparagraph (A) of this paragraph, of the employee or authorized agent who signed the application for the leasing company, and the employee's or authorized agent's employee identification, letter of authorization written on the lessor's letterhead, or a printed business card. The printed business card, employee identification, or letter of authorization written on the lessor's letterhead must contain the name of the lessor, and the employee's or authorized agent's name must match the name on the government issued photo identification;

      (iii)the name of a trust, then a government issued photo identification, required under subparagraph (A) of this paragraph, of a trustee must be presented; or

      (iv)the name of a business, government entity, or organization, then:

        (I)proof of the Federal Employer Identification Number/Employee Identification Number (FEIN/EIN) of the business, government entity, or organization must be submitted, written on the application, and can be entered into the department's titling system. The number must correspond to the name of the business, government entity, or organization in which the vehicle is being titled;

        (II)the employee or authorized agent must present a government issued photo identification, required under subparagraph (A) of this paragraph; and

        (III)the employee's or authorized agent's employee identification; letter of authorization written on the business', government entity's, or organization's letterhead; or a printed business card. The printed business card, employee identification, or letter of authorization written on the business', government entity's, or organization's letterhead must contain the name of the business, governmental entity, or organization, and the employee's or authorized agent's name must match the name on the government issued photo identification.

    (C)In addition to the requirements of subparagraphs (A) and (B) of this paragraph, if a power of attorney is being used to apply for a title, then the applicant must show:

      (i)identification, required under subparagraph (A) of this paragraph, matching the person named as power of attorney; or

      (ii)identification, required under subparagraph (A) of this paragraph, and employee identification or a printed business card or authorization written on the letterhead of the entity named as power of attorney that matches the identification of the employee if the power of attorney names an entity.

    (D)Within this subsection, "current" is defined as not to exceed 12 months after the 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)A person who holds a general distinguishing number issued under Transportation Code, Chapter 503 or Occupations Code, Chapter 2301 is exempt from submitting to the county tax assessor-collector, but must retain:

      (i)the owner's identification, as required under subparagraph (A) of this paragraph; and

      (ii)authorization to sign, as required under subparagraph (B) of this paragraph.

    (G)A person who holds a general distinguishing number issued under Transportation Code, Chapter 503 or Occupations Code, Chapter 2301, is not required to submit photo identification or authorization for an employee or agent signing a title assignment with a secure power of attorney.

(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;

    (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 lessor's employee or authorized agent who signed the application for the leasing company must present:

        (I)a government issued photo identification, required under subparagraph (A) of this paragraph; and

        (II)employee identification, letter of authorization written on the lessor's letterhead, or a printed business card. The printed business card, employee identification, or letter of authorization written on the lessor's letterhead must contain the name of the lessor, and the employee's or authorized agent's name must match the name on the government issued photo identification;

      (iii)the name of a trust, then a government issued photo identification, required under subparagraph (A) of this paragraph, of a trustee must be presented; or

      (iv)the name of a business, government entity, or organization, then:

        (I)the employee or authorized agent must present a government issued photo identification, required under subparagraph (A) of this paragraph; and

        (II)the employee's or authorized agent's employee identification; letter of authorization written on the business', government entity's, or organization's letterhead; or a printed business card. The printed business card, employee identification, or letter of authorization written on the business', government entity's, or organization's letterhead must contain the name of the business, governmental entity, or organization, and the employee's or authorized agent's name must match the name on the government issued photo identification.

    (C)In addition to the requirements of subparagraphs (A) and (B) of this paragraph, if a power of attorney is being used to apply for a certified copy of title, then the applicant must show:

      (i)identification, required under subparagraph (A) of this paragraph, matching the person named as power of attorney;

      (ii)identification, required under subparagraph (A) of this paragraph, and employee identification or a printed business card or authorization written on the letterhead of the entity named as power of attorney that matches the identification of the employee if the power of attorney names an entity; or

      (iii)identification, required under subparagraph (A) of this paragraph, of the owner or lienholder.

    (D)Within this subsection, "current" is defined as within 12 months after the 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 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 previous certified copy.

  (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.

  (1)Who may file. 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 the department on a prescribed 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;

    (B)there is a record that indicates there is not a lien or the lien is ten or more years old; or

    (C)the department has no previous record.

  (2)Administrative fee. The applicant must pay the department a $15 administrative fee in addition to any other required fees.

  (3)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)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)The appraisal must be dated and be submitted to the department within 30 days of the appraisal.

    (C)If the motor vehicle is 25 years or older, the appraised value of the vehicle cannot be less than $4,000.

  (4)Out-of-state vehicle inspection. 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.

  (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

    (I)any other required documentation and fees.

  (6)Report of Judgment. The bond must require that the surety report payment of any judgment to the department within 30 days.

(h)Appeal to the county of refusal to issue, or revocation or suspension of title.

  (1)If the department refuses to issue a title, revokes a title, or suspends a title, the applicant may apply to the county for a tax-assessor collector hearing.

  (2)The county tax assessor-collector must hold a hearing upon receipt of:

    (A)a copy of the department's refusal, revocation, or suspension documents; and

Cont'd...

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