The owner's statement received by the transferee under this subsection need not be filed with the filing office for the other title documents, but the transferee shall retain the owner's statement for a time period and in a similar manner to the retention methods used by a lessor to retain statements under 49 C.F.R. Acts 2013, 83rd Leg., R.S., Ch. The department by rule may establish a process for verifying the identity of an item listed in Section 501.0321(a) as an alternative to an identification number inspection under Section 501.0321. 51, eff. In this section, "Texas military forces" has the meaning assigned by Section . January 1, 2012. Sept. 1, 2001. 2741), Sec. This section does not affect the use of powers of attorney to sign, complete, and deliver the form to transfer title and other documents necessary to transfer title, including the odometer disclosure, in title transfers other than those described in Subsection (a). (C) has authority to accept an application for registration and application for title transfer that the county assessor-collector may accept. The proceeds shall be administered by the comptroller and shall be disposed of in the manner provided by Chapter 74, Property Code. A person commits an offense if the person alters a manufacturer's certificate, a title receipt, or a title. 969 (S.B. Acts 1995, 74th Leg., ch. Sec. The amount of the fee must not exceed the charges incurred by the state because of the use of the electronic funds transfer, credit card, or debit card. Section 12.80(e); (B) a bond release letter, with all attachments, issued by the United States Environmental Protection Agency stating that the vehicle has been tested and shown to conform to federal emission requirements; and, (C) a receipt or certificate issued by the United States Department of the Treasury showing that all gas guzzler taxes due on the vehicle under 26 U.S.C. 24, eff. (b) An assignee or assignor may, but need not to retain the validity, perfection, and priority of the lien assigned, as evidence of the assignment of a lien recorded under Section 501.113: (1) apply to the county assessor-collector for the assignee to be named as lienholder on the title; and. 2741), Sec. 165, Sec. (2) does not possess the title receipt or certificate of title for the vehicle. Sec. Acts 2007, 80th Leg., R.S., Ch. 67, Sec. September 1, 2017. 1135 (H.B. (b-4) Fees collected under Subsection (b) to be sent to the comptroller shall be deposited to the credit of the Texas Mobility Fund if the fees are collected on or after the last day of the state fiscal biennium during which the Texas Commission on Environmental Quality publishes in the Texas Register the notice required by Section 382.037, Health and Safety Code. (b) It is an affirmative defense to prosecution of an offense under this section that the person acted with respect to a number assigned by: (1) a vehicle manufacturer and the person was an employee of the manufacturer acting within the course and scope of employment; or, (A) discharging official duties as an agent of the department; or. (4) "Debit card" means a card that enables the holder to withdraw money or to have the cost of a purchase charged directly to the holder's bank account. September 1, 2011. 247(3), eff. 501.0234. (i) is less than eight feet six inches in width or 45 feet in length, exclusive of any hitch installed on the vehicle; (ii) is designed primarily for use as temporary living quarters in connection with recreational, camping, travel, or seasonal use; (iii) is not used as a permanent dwelling; and. 2017), Sec. 17.01, eff. 501.0321. Acts 2005, 79th Leg., Ch. 505), Sec. Acts 2005, 79th Leg., Ch. A county assessor-collector may not issue a title receipt on the first sale of a motor vehicle unless the applicant for the title provides the application for a title and a manufacturer's certificate in a manner prescribed by the department. Added by Acts 2001, 77th Leg., ch. 51, eff. 1423, Sec. (8) "Motor vehicle" has the meaning assigned by Section 501.002. 2357), Sec. 586 (H.B. (2) satisfactory proof of the death of the owner or owners, as applicable. (g) A transferor who files the appropriate form with the department as provided by, and in accordance with, this section, whether that form is a part of a title or a form otherwise promulgated by the department to comply with the terms of this section, has no vicarious civil or criminal liability arising out of the use, operation, or abandonment of the vehicle by another person. 2985), Sec. DEFINITIONS. Renumbered from Transportation Code Sec. 969 (S.B. If there are multiple owners of the same vehicle, the request and notification may be sent to one or more of them and it shall be sufficient for one owner to sign the statement. 449), Sec. September 1, 2019. 2481), Sec. 1.2 History of Salvage and Nonrepairable Title Issuance 1.3 Texas Salvage and Nonrepairable Vehicle Title Names 1.1 Definitions Refer to Transportation Code Sec. The county treasurer shall credit that interest to the county general fund. RIGHTS AND LIMITATIONS OF NONREPAIRABLE VEHICLE TITLE, NONREPAIRABLE RECORD OF TITLE, SALVAGE VEHICLE TITLE, OR SALVAGE RECORD OF TITLE. A failure by an owner to comply with an obligation under this subsection subjects the owner to the penalties and enforcement provisions of Subchapter H but does not affect the validity of the transfer of title. Acts 2017, 85th Leg., R.S., Ch. (c) Subsections (a) and (b) do not apply if the motor vehicle is eligible to be issued: (1) classic vehicle license plates under Section 504.501; or. June 8, 2007. Austin, TX 78711-3550. (B) an assembled vehicle that has been issued a title. January 1, 2012. January 1, 2012. Acts 2005, 79th Leg., Ch. 1135 (H.B. (C) sells or purchases the ferrous or nonferrous metal solely for use as raw material in the production of new products. September 1, 2017. 2357), Sec. 165, Sec. 2741), Sec. (c) A salvage vehicle dealer or a governmental entity that sells a nonrepairable motor vehicle or a salvage motor vehicle to a person who is not a resident of the United States shall, before the sale of the motor vehicle, obtain a copy, photocopy, or other accurate reproduction of a valid identification card, identification certificate, or an equivalent document issued to the purchaser by the appropriate authority of the jurisdiction in which the purchaser resides that bears a photograph of the purchaser and is capable of being verified using identification standards adopted by the United States or the international community. 1423, Sec. 1296 (H.B. (e) This section does not impose or establish civil or criminal liability on the owner of a motor vehicle who transfers ownership of the vehicle but does not disclose the transfer to the department. 2357), Sec. 1296 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (a) On receipt of a certificate of title, the owner of a motor vehicle shall write the owner's name in ink in the space provided on the certificate. Added by Acts 1997, 75th Leg., ch. (16-a) "Salvage record of title" means an electronic record of ownership of a salvage motor vehicle. 1296 (H.B. (a) In this section, "salvage pool operator" has the meaning assigned by Section 2302.001, Occupations Code. January 1, 2012. Sec. (b) The department shall continue to accept paper documents after the titling system is implemented. (a) In this section, "custom vehicle" and "street rod" have the meanings assigned by Section 504.501. 501.076. 2357), Sec. 959 (S.B. (c) The person named as the agent in the limited power of attorney must meet the following requirements: (1) the person may be a person who has been deputized to perform vehicle registration functions as authorized by rules adopted under Section 520.0071, a licensed vehicle auction company holding a wholesale general distinguishing number under Section 503.022, a person who has a permit similar to one of the foregoing that is issued by the state in which the owner is located, or another person authorized by law to execute title documents in the state in which the owner executes the documents; and. Acts 2011, 82nd Leg., R.S., Ch. 1356), Sec. (c) This subchapter applies to a transaction with a metal recycler in which a motor vehicle: (1) is sold or delivered to the metal recycler for the purpose of reuse or resale as a motor vehicle or as a source of used parts; and. Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. (f) This section does not in any way impair or impede any transfers made through use of a power of attorney prior to the effective date of this section, and such transfers shall continue to be valid if they comply with the provisions of this section or would otherwise comply with the law in effect prior to the effective date of this section. 501.072. 969 (S.B. Sept. 1, 1997. The transferee may rely upon the agent's odometer disclosure and the owner's statement unless it knows that they are not correct. Austin, TX 78701. 1592), Sec. (b) The department shall publish and distribute procedures for using the system to county assessor-collectors and to financial institutions and other potential motor vehicle lienholders. HEARING ON REFUSAL TO ISSUE OR REVOCATION OR SUSPENSION OF TITLE; APPEAL. 41, eff. 30.43(a), eff. 165, Sec. (d) An application filed by the owner or lessee of a foreign commercial motor vehicle, as defined by Section 648.001, must be accompanied by a copy of the applicable federal declaration form required by the Federal Motor Carrier Safety Administration or its successor in connection with the importation of a motor vehicle or motor vehicle equipment subject to the federal motor vehicle safety, bumper, and theft prevention standards. Transferred, redesignated and amended from Transportation Code, Section 520.035 by Acts 2011, 82nd Leg., R.S., Ch. 2076), Sec. Notwithstanding any other law, an agreement for the lease of a motor vehicle does not create a sale or security interest by merely providing that the rental price is permitted or required to be adjusted under the agreement as determined by the amount realized on the sale or other disposition of the vehicle. January 1, 2012. Section 731.001. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. June 8, 2007. (2) the person may not be the transferee or an employee of the transferee. (b) If the application is filed after the 60th day after the date the purchaser was assigned ownership of the documents under Section 501.0721, the late fee imposed under Subsection (a) accrues an additional penalty in the amount of $25 for each subsequent 30-day period, or portion of a 30-day period, in which the application is not filed. (g) The power of attorney created in this section shall be limited for the purposes and duration specified in this section. 1817), Sec. The term includes a major component part but does not include a rebuildable or rebuilt core, including an engine, block, crankshaft, transmission, or other core part that is acquired, possessed, or transferred in the ordinary course of business. Sec. 65, eff. (c) A title issued under this section must describe or disclose the motor vehicle's former condition in a manner reasonably understandable to a potential purchaser of the motor vehicle. Sec. Sec. 7, eff. (f) The department may not issue a regular title for a motor vehicle based on a: (1) nonrepairable vehicle title or comparable out-of-state ownership document; (2) receipt issued under Section 501.1003(b); or. September 1, 2017. Section 580.3. (A) the bargain, sale, transfer, or delivery of a motor vehicle, other than an assembled vehicle, that has not been previously registered or titled, with intent to pass an interest in the motor vehicle, other than a lien, regardless of where the bargain, sale, transfer, or delivery occurred; and. Added by Acts 2011, 82nd Leg., R.S., Ch. (a) The department shall issue a new title for a motor vehicle registered in this state for which the ownership is transferred by operation of law or other involuntary divestiture of ownership after receiving: (1) a certified copy of an order appointing a temporary administrator or of the probate proceedings; (2) letters testamentary or letters of administration; (3) if administration of an estate is not necessary, an affidavit showing that administration is not necessary, identifying all heirs, and including a statement by the heirs of the name in which the certificate shall be issued; (5) the bill of sale from an officer making a judicial sale. 25, eff. September 1, 2021. 23. January 1, 2012. (9) "Nonrepairable motor vehicle" means a motor vehicle: (A) that is damaged, wrecked, or burned to the extent that the only residual value of the vehicle is as a source of parts or scrap metal; (B) that comes into this state under a comparable ownership document that indicates that the vehicle is nonrepairable; (C) that a salvage vehicle dealer has reported to the department under Section 501.1003; (D) for which an owner has surrendered evidence of ownership for the purpose of dismantling, scrapping, or destroying the motor vehicle; or. Acts 2011, 82nd Leg., R.S., Ch. (d) If a limited power of attorney is used under Subsection (a), the holder of the contract shall accompany the power of attorney with a written statement that the vehicle was returned at the election of the owner in full or partial satisfaction of the owner's obligations under the contract and not as the result of the exercise by the holder of the contract of its remedies for default. 6, eff. January 1, 2012. 26, eff. (f) The words "FOR EXPORT ONLY" required by Subsection (e) must be at least two inches wide and clearly legible. 10, eff. APPLICABILITY. January 1, 2012. Acts 2017, 85th Leg., R.S., Ch. 40, eff. (e) On or after the 31st day after the date the department receives a rebuilder fee under Subsection (d), the department shall deposit $50 of the fee to the credit of the state highway fund to be used only by the Department of Public Safety to enforce this chapter and $15 to the credit of the general revenue fund. January 1, 2012. Sec. 501.0276. (d) In addition to the fee described by Subsection (b), the applicant shall pay a $65 rebuilder fee. (b) The department shall post forms on the Internet and provide each county assessor-collector with a sufficient supply of any necessary forms on request. 41, eff. All fees collected under this subchapter shall be deposited to the credit of the Texas Department of Motor Vehicles fund. Sept. 1, 1999. A notice of transfer provided through the department's Internet website is not required to bear the signature of the seller or include the date of signing. Added by Acts 2013, 83rd Leg., R.S., Ch. If an odometer disclosure is not obtained in that manner, the transferee or agent or the person to whom the vehicle is delivered at the time of the transfer shall request an odometer disclosure as provided in this subsection. 13, eff. RECORD OF STOLEN OR CONCEALED MOTOR VEHICLE. 1, eff. Sec. (B) the registration or titling of that vehicle. (2) may not operate, register, or permit the operation of the motor vehicle on a public highway, in addition to any other requirement of law. but does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Sec. 969 (S.B. Acts 2007, 80th Leg., R.S., Ch. (2) alters or mutilates such a document. 2357), Sec. Out-of-State Identification Certificate. (a) Under the titling system, the department may: (1) receive, index, store, archive, and transmit electronic documents; (2) provide for access to, and for search and retrieval of, documents and information by electronic means; and, (A) paper documents that it accepts for the titling of a motor vehicle; and. 2.42, eff. The salvage pool operator shall pay any excess proceeds from the sale to the previous owner of the motor vehicle and the lienholder, if any. 501.0322. June 14, 2013. MANUFACTURER'S CERTIFICATE REQUIRED ON FIRST SALE. (2) if appropriate, a document described by Section 502.457 and the title or other evidence of ownership. 2017), Sec. Transferred, redesignated and amended from Transportation Code, Section 520.033 by Acts 2011, 82nd Leg., R.S., Ch. 1135 (H.B. TITLE FOR FORMER MILITARY VEHICLE. 1296 (H.B. (7) Repealed by Acts 2019, 86th Leg., R.S., Ch. 58, eff. (a) If a printed title is lost or destroyed, the owner or lienholder disclosed on the title may obtain, in the manner provided by this section and department rule, a certified copy of the lost or destroyed title directly from the department by applying in a manner prescribed by the department and paying a fee of $2. Applicability of Subchapter to Recycler. MOTOR VEHICLE TITLE REQUIRED. 2357), Sec. Record Retention. Sept. 1, 1995. 42, eff. Added by Acts 2019, 86th Leg., R.S., Ch. Licensed franchise dealers may submit a completed Form VTR-18 along with the original , incorrect Texas Certificate of Title (if the Texas Certificate of Title has already been issued ). 4472), Sec. September 1, 2013. 3, eff. Questions not covered by the above information for documents authenticated by the Notary Public. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. SHORT TITLE. 501.114. Acts 2011, 82nd Leg., R.S., Ch. When the record contains the remark #ORSAL, the owner of record must apply for a Salvage Vehicle Title and subsequently complete the rebuilt vehicle process before the vehicle can be titled as a rebuilt salvage and/or registered. ENFORCEMENT OF SUBCHAPTER. 501.0332. (a) A title may be refused, canceled, suspended, or revoked by the department if: (1) the application contains a false or fraudulent statement; (2) the applicant failed to furnish required information requested by the department; (3) the applicant is not entitled to a title; (4) the department has reason to believe that the motor vehicle is stolen; (5) the department has reason to believe that the issuance of a title would defraud the owner or a lienholder of the motor vehicle; (6) the registration for the motor vehicle is suspended or revoked; or. 1296 (H.B. 1422), Sec. Acts 2013, 83rd Leg., R.S., Ch. January 1, 2012. Sept. 1, 2001. 1296 (H.B. 10, eff. Sec. (2) submits personal identification as required by department rule. Page 2 of 2 933 (H.B. Sec. Sell my car Texas. Added by Acts 2015, 84th Leg., R.S., Ch. January 1, 2012. As an alternative to a written notice of transfer, the department shall establish procedures that permit the seller of a motor vehicle to electronically submit a notice of transfer to the department through the department's Internet website. CERTAIN OFF-HIGHWAY VEHICLES PURCHASED OUTSIDE THIS STATE. (b) The department, an agent, officer, or employee of the department, or another person enforcing this subchapter is not liable to a person damaged or injured by an act or omission relating to the issuance or revocation of a title, nonrepairable vehicle title, nonrepairable record of title, salvage vehicle title, or salvage record of title under this subchapter. (c) The department shall adopt rules to notify the salvage dealer if the vehicle was not issued a printed title, but has a record of title in the department's titling system. Acts 2009, 81st Leg., R.S., Ch. 76, Sec. Acts 2017, 85th Leg., R.S., Ch. 2357), Sec. January 1, 2012. 4, eff. . 501.151. (d) A seller who applies for the registration or a title for a motor vehicle under Subsection (a)(1) may apply: (1) to the county assessor-collector of the county in which: (e) Repealed by Acts 2021, 87th Leg., R.S., Ch. This chapter may be cited as the Certificate of Title Act. (b) For purposes of Chapter 9, Business & Commerce Code, the time of recording a lien under this chapter is considered to be the time of filing the security interest, and on such recordation, the recorded lienholder and assignees under Section 501.114 obtain priority over the rights of a lien creditor, as defined by Section 9.102, Business & Commerce Code, for so long as the lien is recorded on the title. 1135 (H.B. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. The owner has a duty to return the signed and dated statement as directed in the notification. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 2357), Sec. 592 (S.B. January 1, 2012. (c) An application for a title under this section must include a release of any recorded lien on the motor vehicle unless the only recorded lienholder is a dealer described by Subsection (a). Application for Texas Certificate of Title (Form 130-U). 1325, Sec. (2) "Retailer" has the meaning assigned by Section 151.008, Tax Code. (f) The department shall adopt the rules necessary to implement this section. (a) The department may accept payment by electronic funds transfer, credit card, or debit card of any title or registration fee that the department is required or authorized to collect under this chapter.
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