17.02, eff. (a) If a salvage vehicle dealer acquires ownership of a nonrepairable motor vehicle or salvage motor vehicle for the purpose of dismantling, scrapping, or destroying the motor vehicle, the dealer shall, before the 31st day after the date the dealer acquires the motor vehicle, submit to the department a report stating that the motor vehicle will be dismantled, scrapped, or destroyed. 2017), 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). January 1, 2012. 501.114. 7, eff. (1) prohibit a lienholder from using an intermediary to access the system; or. 21, eff. Acts 2019, 86th Leg., R.S., Ch. 26(1), eff. (1-a) "Certificate of title" means a printed record of title issued under Section 501.021. 1423, 4, eff. 969 (S.B. 1296 (H.B. 3, eff. 2202), Sec. 1, eff. 2.16, eff. Unit and the Statutory Documents Section may be addressed to: authentications@sos.state.tx.us. (4)AA"Debit card" means a card that enables the holder 501.171. 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. 2188), Sec. September 1, 2017. 165, Sec. 17.02, eff. (c) An offense under this section is a misdemeanor punishable by a fine of not less than $50 and not more than $200. 247(3), eff. 2202), Sec. 1135 (H.B. 2076), Sec. Sec. (a) Except as provided by Sections 503.036 and 503.039, a motor vehicle may not be the subject of a subsequent sale unless the owner designated on the title submits a transfer of ownership of the title. January 1, 2012. 42, eff. 969 (S.B. (a) Before a motor vehicle that was last registered or titled in another state or country may be titled in this state, the county assessor-collector shall verify that the vehicle has passed the inspections required by Chapter 548, as indicated in the Department of Public Safety's inspection database under Section 548.251, or that the owner has obtained an identification number inspection in accordance with department rule. Acts 2013, 83rd Leg., R.S., Ch. (10) "Importer" means a person, other than a manufacturer, that brings a used motor vehicle into this state for sale in this state. 876), Sec. 1296 (H.B. Sept. 1, 1999. September 1, 2017. INSURANCE COMPANY NOT REQUIRED TO SURRENDER CERTIFICATES OF TITLE IN CERTAIN SITUATIONS. Sec. Remarks: The remarks section, also referred to as brands, provides . Acts 2017, 85th Leg., R.S., Ch. (e) A signed and dated written odometer disclosure containing the information described in this subsection may be included on or with the power of attorney if the power of attorney is executed within 120 days before the date of the transfer and is accompanied by the conspicuous written notification described in this subsection. (a) As an alternative to the procedure provided by Section 501.052, the person may obtain a title by filing a bond with the department if the vehicle is in the possession of the applicant and: (1) there is no security interest on the vehicle; (2) any lien on the vehicle is at least 10 years old; or. 24, eff. Acts 1995, 74th Leg., ch. Section 7407), as amended, or is an affected county, as defined by Section 386.001, Health and Safety Code; or. 2357), Sec. (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. Odometer brands on vehicle titles may show up when at some point the vehicle's odometer reading is known or suspected to not be the vehicle's true mileage, due to tampering. 501.157. Sept. 1, 1995. Sec. 2357), Sec. 26(1), eff. 501.09112. If the certified copy of the title is later rescinded, canceled, or revoked under Section 501.051, the department may revalidate a previously superseded or invalidated title or certified copy of title. Acts 1995, 74th Leg., ch. September 1, 2011. 2357), Sec. (h) An offense under Subsection (g) is a felony of the third degree. 26(2), eff. (D) theft, unless the motor vehicle was damaged during the theft and before recovery. Sept. 1, 2003. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. Sept. 1, 1997. (c) The provisions of this chapter relating to perfecting, assigning, discharging, and canceling a security interest in a motor vehicle by record maintained on a certificate of title do not apply to the extent the security interest is governed by rules adopted under this section. 501.001. 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. 1817), Sec. 1135 (H.B. 2741), Sec. September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. 1296 (H.B. 2076), Sec. 117 (H.B. Part 580. Texas Certificate of Title Information from the title will be used to complete the Application for Texas Title and/or Registration, also called the 130-U. 1296 (H.B. (5) conditioned to indemnify all prior owners and lienholders and all subsequent purchasers of the vehicle or persons who acquire a security interest in the vehicle, and their successors in interest, against any expense, loss, or damage, including reasonable attorney's fees, occurring because of the issuance of the title for the vehicle or for a defect in or undisclosed security interest on the right, title, or interest of the applicant to the vehicle. (f) An insurance company that acquires, through payment of a claim, ownership or possession of a salvage motor vehicle or nonrepairable motor vehicle covered by an out-of-state ownership document may obtain from the department a salvage vehicle title or nonrepairable vehicle title if: (1) the motor vehicle was damaged, stolen, or recovered in this state; (2) the motor vehicle owner from whom the company acquired ownership resides in this state; or. (f) If a motor vehicle is not removed from a salvage pool operator's possession before the 31st day after the date notice is mailed to the motor vehicle's owner and any lienholder under Subsection (c), the salvage pool operator may obtain from the department: (1) a salvage vehicle title for a salvage motor vehicle; or. January 1, 2012. (2) remark if a rights of survivorship agreement is on file with the department. 223 (S.B. (21) "Record of title" means an electronic record of motor vehicle ownership in the department's motor vehicle database that is created under Subchapter I. September 1, 2013. 501.108. 2076), Sec. 15, eff. The proceeds shall be administered by the comptroller and shall be disposed of in the manner provided by Chapter 74, Property Code. September 1, 2009. 28, eff. September 1, 2017. Sec. 1325, Sec. 1, eff. Added by Acts 1997, 75th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (g) The department may issue a certified copy of a title only if the applicant: (1) is the registered owner of the vehicle, the holder of a recorded lien against the vehicle, or a verified agent of the owner or lienholder; and. 2357), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. Acts 1995, 74th Leg., ch. (b) A person who violates this section commits an offense. 1296 (H.B. 1296 (H.B. 2741), Sec. 1296 (H.B. (20) "Purchaser" means a person or entity to which a motor vehicle is donated, given, sold, or otherwise transferred. (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. (19) "Owner" means a person, other than a manufacturer, importer, distributor, or dealer, claiming title to or having a right to operate under a lien a motor vehicle that has been subject to a first sale. The $10 gift tax option may be used when a person receives a vehicle as a gift from an immediate family member, guardian, decedent's estate or nonprofit service organization 3607), 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. An offense under this section is a misdemeanor punishable by a fine of not less than $50 and not more than $100. 1296 (H.B. Acts 2017, 85th Leg., R.S., Ch. 969 (S.B. Sec. 1135 (H.B. 60, eff. September 1, 2019. 62, Sec. Education Code Chapter 61. Texas Higher Education Coordinating Board Sept. 1, 1999. Sec. 1136 (H.B. (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. (f) The department may not impose a fee for an inspection requested by the department. Acts 2005, 79th Leg., Ch. 18, eff. 2741), Sec. Sept. 1, 1995. 42, eff. January 1, 2012. Step 1: Obtain the car title from the seller. Sec. An offense under this subsection is a Class A misdemeanor. 2357), Sec. 1287 (H.B. January 1, 2019. 501.030. 969 (S.B. 1296 (H.B. (b) Except as provided by Sections 501.0925 and 501.0935, on receipt of a complete application, the properly assigned title or manufacturer's certificate of origin, and the application fee, the department shall, before the sixth business day after the date the department receives the application, issue the applicant the appropriate title for the motor vehicle. Acts 2011, 82nd Leg., R.S., Ch. 1095), Sec. (b) The owner of a salvage or nonrepairable motor vehicle may not transfer ownership of the motor vehicle by sale or otherwise unless the department has issued a salvage vehicle title, salvage record of title, nonrepairable vehicle title, or nonrepairable record of title for the motor vehicle or a comparable ownership document has been issued by another state or jurisdiction for the motor vehicle in the name of the owner. With the request for the owner's statement, the transferee or agent or person receiving the vehicle shall provide a written notification to the owner to the effect that the owner has a duty under law to state the odometer reading, state which of conditions (i), (ii), or (iii) is applicable, and sign, date, and return the statement and that failing to do so or providing false information may result in fines or imprisonment. Acts 2013, 83rd Leg., R.S., Ch. (3) is married and provides the department with an affidavit from the person's spouse that attests that the person's interest in the vehicle is the person's separate property. 501.174. 969 (S.B. Will become the property of the survivor. Sept. 1, 2001. 501.091. 2357), Sec. 1290 (H.B. Sec. 247(3), eff. An offense under this section is a misdemeanor punishable by a fine of not less than $50 or more than $500 for a first offense and, at the jury's discretion, not less than $100 or more than $1,000 for a subsequent offense. (a) When a debt or claim secured by a lien has been satisfied, the lienholder shall, within a reasonable time not to exceed the maximum time allowed by Section 348.408 or 353.405(b), Finance Code, as applicable, execute and deliver to the owner, or the owner's designee, a discharge of the lien in a manner prescribed by the department. SALE, TRANSFER, OR RELEASE. PLACEMENT OF SERIAL NUMBER WITH INTENT TO CHANGE IDENTITY. (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. Acts 1995, 74th Leg., ch. (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. (15) "Manufacturer's permanent vehicle identification number" means the number affixed by the manufacturer to a motor vehicle in a manner and place easily accessible for physical examination and die-stamped or otherwise permanently affixed on one or more removable parts of the vehicle. 1, eff. Transferred, redesignated and amended from Transportation Code, Section 520.011 by Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 2001, 77th Leg., ch. GROUNDS FOR REFUSAL TO ISSUE OR FOR REVOCATION OR SUSPENSION OF TITLE. September 1, 2013. 14, eff. (b) A printed certificate of title must bear the following statement on its face: "UNLESS OTHERWISE AUTHORIZED BY LAW, IT IS A VIOLATION OF STATE LAW TO SIGN THE NAME OF ANOTHER PERSON ON A CERTIFICATE OF TITLE OR OTHERWISE GIVE FALSE INFORMATION ON A CERTIFICATE OF TITLE.". 2357), Sec. Sept. 1, 2003. Amended by Acts 1997, 75th Leg., ch. January 1, 2012. 1296 (H.B. 501.145. 1296 (H.B. September 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. Transferred, redesignated and amended from Transportation Code, Section 520.033 by Acts 2011, 82nd Leg., R.S., Ch. 21, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. 4, eff. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. Sec. 2553), Sec. The couple must then file their agreement in the office of the county clerk where they live. 24, eff. (b) A person commits an offense if the person violates Subchapter E or a rule adopted under that subchapter. Acts 2013, 83rd Leg., R.S., Ch. Texas State Title Processing Procedures - DamageMax A person, whether acting for that person or another, who sells, trades, or otherwise transfers a used motor vehicle shall deliver to the purchaser at the time of delivery of the vehicle a properly assigned title or other evidence of title as required under this chapter. (16) "Salvage vehicle title" means a printed document issued by the department that evidences ownership of a salvage motor vehicle. Sec. 1, eff. 1, eff. 55, eff. 2188), Sec. January 1, 2012. Acts 2017, 85th Leg., R.S., Ch. To be effective, the designation must state that the transfer of an interest in the vehicle to the designated beneficiary is to occur at the transferor's death. 8, eff. (b) A nonrepairable vehicle title must clearly indicate that the motor vehicle: (C) repaired, rebuilt, or reconstructed; and. 2, eff. 501.028. 1, eff. Added by Acts 1997, 75th Leg., ch. 501.0521. Acts 2017, 85th Leg., R.S., Ch. 1755), Sec. (d) Notwithstanding the terms of Section 501.005, in the event of a conflict between this section and other law, this section controls. (h) Notwithstanding Subsections (a)-(g) and procedures that may be conducted under those subsections, the assignment of a lien does not affect the procedures applicable to the foreclosure of a worker's lien under Chapter 70, Property Code, or the rights of the holder of a worker's lien. 1296 (H.B. 2357), Sec. Added by Acts 1997, 75th Leg., ch. (B) $15 of the fee if the applicant's residence is any other county. Record Retention. September 1, 2007. Sept. 1, 1997. 1296 (H.B. 20, eff. January 1, 2012. 2741), Sec. Acts 2011, 82nd Leg., R.S., Ch. (2) if the motor vehicle is not removed within the time specified in the notice, the salvage pool operator will sell the motor vehicle and retain from the proceeds any costs actually incurred by the operator in obtaining, handling, and disposing of the motor vehicle as described by Subsection (d). Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. (g) Regardless of whether application is made for the assignee to be named as lienholder on the title, the time of the recordation of a lien assigned under this section is considered to be the time the lien was initially recorded under Section 501.113. (d) The salvage pool operator may include in the costs described by Subsection (c)(2) only costs actually incurred by the salvage pool operator that have not been reimbursed by a third party or are not subject to being reimbursed by a third party, such as costs of notices, title searches, and towing and other costs incurred with respect to the motor vehicle. 65, eff. 1296 (H.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1125 (H.B. Added by Acts 2013, 83rd Leg., R.S., Ch. PDF Welcome to the Texas Department of Transportation FTP Server A person may not apply to the county assessor-collector for the registration of a motor vehicle from which the original motor number has been removed, erased, or destroyed until the motor vehicle bears the motor number assigned by the department. (2) the applicant does not provide evidence of financial responsibility that complies with Section 502.046. 2202), Sec. 2357), Sec. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. (a) The department shall include on each title an optional rights of survivorship agreement that: (1) provides that if the agreement is between two or more eligible persons, the motor vehicle will be owned by the surviving owners when one or more of the owners die; and. 2076), Sec. (h) This section does not prevent a person from exporting or importing a used part obtained from an export-only motor vehicle. Sec. (h) If the applicant is the agent of the owner or lienholder of the vehicle and is applying on behalf of the owner or lienholder, the applicant must submit verifiable proof that the person is the agent of the owner or lienholder. Acts 2013, 83rd Leg., R.S., Ch. 30.42(a), eff. 422, Sec. Sec. Sec. 16, eff. SALVAGE MOTOR VEHICLES OR NONREPAIRABLE MOTOR VEHICLES FOR INSURANCE COMPANIES OR SELF-INSURED PERSONS. 501.177. January 1, 2012. 1291 (H.B. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2011. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (a) The department by rule shall establish a process to automatically issue a title to a government agency for a travel trailer used by the government agency to provide temporary housing in response to a natural disaster or other declared emergency. The disclosure required by Subsection (a) must accompany the application. 3, eff. Shall pass to the surviving spouse. 3, eff. (9) "House trailer" means a trailer designed for human habitation. 40, eff. Sec. 501.033. 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. A person commits an offense if the person applies for a title for a motor vehicle that the person knows is stolen or concealed in violation of Section 32.33, Penal Code. 165, Sec. September 1, 2019. (a) The department shall: (1) make a record of each report to the department that a motor vehicle registered in this state has been stolen or concealed in violation of Section 32.33, Penal Code; and. January 1, 2012. January 1, 2012. Sec. 813 (H.B. SHORT TITLE. Sept. 1, 1995. 1, eff. September 1, 2013. 1, eff. (a) Except as provided by this section, this chapter applies to all motor vehicles, including a motor vehicle owned by the state or a political subdivision of the state. (b) An active duty member of a branch of the United States armed forces, or an immediate family member of such a member, returning to Texas with acceptable proof of the active duty status is exempt from an identification number inspection required under Subsection (a)(2). The department may not recognize an identification number assigned by any other agency or political subdivision of this state. September 1, 2021. Out-of-State Identification Certificate. Sec. 915 (H.B. 15, eff. 20.008, eff. 505), Sec. 4472), Sec. 2, eff. Acts 2021, 87th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (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. 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. June 15, 2007. (2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (b) In this section, "former military vehicle" has the meaning assigned by Section 502.001. DENIAL OF TITLE RECEIPT, TITLE, OR RECORD OF TITLE FOR FAILURE TO PROVIDE PROOF OF EMISSIONS TESTING. 1796), Sec. (a) Each licensed salvage vehicle dealer, used automotive parts recycler, or insurance company that sells a nonrepairable motor vehicle or a salvage motor vehicle at a casual sale shall keep on the business premises of the dealer or the insurance company a list of all casual sales made during the preceding 36-month period that contains: (3) the name of the jurisdiction that issued the identification document provided by the purchaser, as shown on the document; and. Acts 2009, 81st Leg., R.S., Ch. 35, eff. 30.43(a), eff. 449), Sec. (e) A beneficiary designation or a change or revocation of a beneficiary designation made on an application for title of a motor vehicle that has not been submitted to the department before the death of a vehicle's owner or owners who made, changed, or revoked the designation, as applicable, is invalid. (c) This subsection applies only if the department receives notice under Subsection (a) before the 30th day after the date the seller delivered possession of the vehicle to the purchaser or in accordance with Section 152.069, Tax Code. September 1, 2017. (3) "Electronic document" means a document that is in an electronic form. Title Manual). January 1, 2012. (b) A person who reports a motor vehicle as stolen or concealed under Subsection (a) shall notify the department promptly if the vehicle is recovered, and the department shall change its records accordingly. Questions not covered by the above information for documents authenticated by the Notary Public. 8, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sec. 2357), Sec. March 1, 2022. 1350), Sec. Section 3282.8(g); or. 395 (S.B. 501.151. All fees collected under this subchapter shall be deposited to the credit of the Texas Department of Motor Vehicles fund. 1296 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2357), Sec. Sec. (2) on expiration of the buyer's tag issued to the purchaser under Section 503.063, a 30-day permit under Section 502.095. (g) The power of attorney created in this section shall be limited for the purposes and duration specified in this section. The rules may include the persons authorized to perform the inspection, when an alternative inspection under this section is required, and any fees that may be assessed. 969 (S.B. September 1, 2017. (i) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sec. 30.40(a), eff. 2076), Sec. Added by Acts 1999, 76th Leg., ch. All rights and immunities granted in the trial of a civil case are available to the interested parties. 2741), Sec. (a) Notwithstanding any other provision of this chapter, the department may issue a title for a trailer or semitrailer that has a gross vehicle weight of 4,000 pounds or less if all other requirements for issuance of a title are met. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 1296 (H.B. Sept. 1, 1995. 2357), Sec. Notwithstanding compliance with this chapter, equitable title to a vehicle passes to the purchaser of the vehicle at the time the vehicle is the subject of a sale that is enforceable by either party. January 1, 2012. 1135 (H.B. 46, eff. (1) in the manner prescribed by the department; (3) issued by a person authorized to conduct a surety business in this state; (4) in an amount equal to one and one-half times the value of the vehicle as determined by the department, which may set an appraisal system by rule if it is unable to determine that value; and. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. (b) If a lien is foreclosed by nonjudicial means, the department may issue a new title in the name of the purchaser at the foreclosure sale on receiving the affidavit of the lienholder of the fact of the nonjudicial foreclosure. (b) A purchaser to whom this section applies may apply for: (1) a title in the manner prescribed by the department by rule; and. Sec. Acts 2011, 82nd Leg., R.S., Ch. 2076), Sec. 1135 (H.B. How to Transfer Your Car Title in Texas - DMV.ORG Added by Acts 2001, 77th Leg., ch. (a) The board by rule may implement an electronic titling system. Acts 2005, 79th Leg., Ch. Sept. 1, 1995. Added by Acts 2013, 83rd Leg., R.S., Ch. 2357), Sec. COLLECTION AND DISPOSITION OF FEES. Sec. 67, Sec. 2076), Sec. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2013. 19, eff. 1296 (H.B. (d) This subsection applies only to a motor vehicle in this state that is a self-insured motor vehicle and that is damaged to the extent it becomes a nonrepairable or salvage motor vehicle. 2357), Sec. Title XIX is provided through STAR+PLUS HCBS. Acts 1995, 74th Leg., ch. Added by Acts 2019, 86th Leg., R.S., Ch. (c) The department shall transfer title of a motor vehicle to a beneficiary designated under this section for the vehicle if the beneficiary submits: (1) an application for title under Section 501.023 not later than the 180th day after the date of the owner's death or, if the vehicle is owned by joint owners, the last surviving owner's death, as applicable; and. 20, eff. Acts 2013, 83rd Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (d) The department by rule shall establish a process to accept electronic signatures on secure documents that have been electronically signed through a system not controlled by the department.
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