January 1, 2012. 3 Home Delivered Meals (HDM) is available as a Title III, Title XIX, and Title XX funded service. SERVICE CHARGE. (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. 1296 (H.B. Added by Acts 1997, 75th Leg., ch. 1422), Sec. (16) "Salvage vehicle title" means a printed document issued by the department that evidences ownership of a salvage motor vehicle. Payment of title, registration, and sales tax fees (as applicable) are required when application for certificate of title is filed. PDF Motor Vehicle Registration Manual - Texas Department of Motor Vehicles SIGNATURES. For the purposes of this section, a person is not the agent of both the transferor and transferee in a transaction unless the person has the authority to sign the documents pertaining to the transfer of title on behalf of both the transferor and the transferee. Shall pass to the surviving spouse. The excess proceeds must be mailed to the lienholder. 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. 501.006. 30.43(a), eff. Acts 2011, 82nd Leg., R.S., Ch. Sec. Acts 2013, 83rd Leg., R.S., Ch. 3, eff. January 1, 2012. September 1, 2009. (b) A person, other than a salvage vehicle dealer, a used automotive parts recycler, or an insurance company licensed to do business in this state, who acquired ownership of a nonrepairable or salvage motor vehicle that has not been issued a nonrepairable vehicle title, nonrepairable record of title, salvage vehicle title, salvage record of title, or a comparable ownership document issued by another state or jurisdiction shall, before selling the motor vehicle, surrender the properly assigned title for the motor vehicle to the department and apply to the department for the appropriate ownership document. September 1, 2011. (c) If a lien is disclosed on the application for a title, the assessor-collector shall issue a duplicate title receipt to the lienholder. Redesignated and amended from Transportation Code, Section 501.106 by Acts 2011, 82nd Leg., R.S., Ch. (2) the applicant is not entitled to an appeal as provided by Sections 501.052 and 501.053. ELECTRONIC LIEN SYSTEM. 165, Sec. 969 (S.B. PERFECTION OF SECURITY INTEREST. (a) If this chapter requires that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is met by an electronic document that complies with this subchapter. (2) a list of all vehicles sold under this section that contains: (C) the name of the country that issued the identification document provided by the purchaser, as shown on the document; and. January 1, 2012. 4, eff. 165, Sec. 44, eff. (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. 54, eff. Acts 2013, 83rd Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Transferred, redesignated and amended from Transportation Code, Section 520.033 by Acts 2011, 82nd Leg., R.S., Ch. January 1, 2012. 1325, Sec. (b) This section does not apply to a motor vehicle: (1) that has been declared a total loss by an insurance company in the settlement or adjustment of a claim; (2) for which the title has been surrendered in exchange for: (A) a salvage vehicle title or salvage record of title issued under this chapter; (B) a nonrepairable vehicle title or nonrepairable vehicle record of title issued under this chapter or Subchapter D, Chapter 683; or. 501.0275. (d) The department shall provide for use consistent with 49 C.F.R. 2357), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. January 1, 2012. 2357), Sec. Sept. 1, 1995. January 1, 2012. (c) An offense under this section is a felony of the third degree. The proceeds shall be administered by the comptroller and shall be disposed of in the manner provided by Chapter 74, Property Code. 19, eff. (c) Failure to make application under Subsection (b) or notify a debtor of an assignment does not create a cause of action against the recorded lienholder, the assignor, or the assignee or affect the continuation of the perfected status of the assigned lien in favor of the assignee against transferees from and creditors of the debtor, including lien creditors, as defined by Section 9.102, Business & Commerce Code. January 1, 2012. (2) must make a reasonable inquiry as to the right of possession of a motor vehicle by the person delivering the vehicle for transport if the recorded owner of the vehicle is a person other than the person delivering the vehicle for transport. Acts 1995, 74th Leg., ch. (a) Recordation of a lien under this chapter is considered to occur when: (1) the department's titling system is updated; or. Acts 2019, 86th Leg., R.S., Ch. (a) A person who transfers a motor vehicle in this state shall complete in full and date as of the date of the transfer all documents relating to the transfer of registration or title. (e) The board by rule may establish a fee to cover the cost of administering this section. 3, eff. Acts 2011, 82nd Leg., R.S., Ch. 10, eff. Amended by Acts 1997, 75th Leg., ch. Transferred, redesignated and amended from Transportation Code, Section 520.011 by Acts 2011, 82nd Leg., R.S., Ch. (e) On receipt of the completed application and fee, the department may: (1) amend the department's records to substitute the assignee for the recorded lienholder; and. For expiration of Subsections (b-1), (b-2), and (b-3), see Subsection (b-3). Affidavit of Motor Vehicle Gift Transfer (Form 14-317). Sec. 165, 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. (a) The department by rule shall develop a system under which a security interest in a motor vehicle may be perfected, assigned, discharged, and canceled electronically instead of by record maintained on a certificate of title. 2357), Sec. (11) "Out-of-state buyer" means a person licensed in an automotive business by another state or jurisdiction if the department has listed the holders of such a license as permitted purchasers of salvage motor vehicles or nonrepairable motor vehicles based on substantially similar licensing requirements and on whether salvage vehicle dealers licensed in Texas are permitted to purchase salvage motor vehicles or nonrepairable motor vehicles in the other state or jurisdiction. (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. 1325, Sec. 915 (H.B. 24, eff. (B) not return the motor vehicle to any state of the United States as a motor vehicle titled or registered under its manufacturer's vehicle identification number. Proof by the transferor that the transferor filed a form under this section is a complete defense to an action brought against the transferor for an act or omission, civil or criminal, arising out of the use, operation, or abandonment of the vehicle by another person after the transferor filed the form. 501.174. Sec. (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. 2076), Sec. (20) "Purchaser" means a person or entity to which a motor vehicle is donated, given, sold, or otherwise transferred. (2) may not operate or permit the operation of the vehicle on a public highway until the owner: (A) applies for title and registration for the vehicle; or. Sept. 1, 1995. Sec. Authentications Unit. Sec. (b) In this section, "former military vehicle" has the meaning assigned by Section 502.001. DELIVERY OF RECEIPT AND TITLE TO PURCHASER OF USED MOTOR VEHICLE. DEFINITIONS. 36, eff. (a) A justice of the peace or municipal court judge may not issue an order related to a title except as provided by Chapter 47, Code of Criminal Procedure, or Section 27.031(a)(3), Government Code. 4170), Sec. Acts 2017, 85th Leg., R.S., Ch. (3) "Electronic document" means a document that is in an electronic form. SUBCHAPTER H. PENALTIES AND OTHER ENFORCEMENT PROVISIONS. SALES IN VIOLATION OF CHAPTER. 15, eff. 28, eff. (b) A purchaser to whom this section applies may apply for: (1) a title in the manner prescribed by the department by rule; and. (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. 501.139. January 1, 2012. (2) the department shall notify the applicant that the department's titling system has established a record of title of the motor vehicle in the applicant's name if a lien is not disclosed. 2076), Sec. (c) Before the 31st day after receiving notice under Subsection (b-1), a salvage pool operator shall notify the owner of the motor vehicle and any lienholder that: (1) the owner or lienholder must remove the motor vehicle from the salvage pool operator's possession at the location specified in the notice to the owner and any lienholder not later than the 30th day after the date the notice is mailed; and. 10, eff. The term does not include: (C) any damage caused only to the exterior paint of the motor vehicle; or. Secretary of State. 18, eff. This chapter may be cited as the Certificate of Title Act. (f) A person may not obtain a title under this section for a salvage motor vehicle or a nonrepairable motor vehicle, as defined by Section 501.091. May 28, 1999. If the department's action is not sustained, the department shall promptly issue a title for the vehicle. 1296 (H.B. 501.115. 1296 (H.B. Acts 2011, 82nd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. DUTY OF TRANSPORTERS TO DETERMINE RIGHT OF POSSESSION; OFFENSE. January 1, 2012. 2741), Sec. 10, eff. 2, eff. 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 30.39(a), eff. Sec. September 1, 2009. January 1, 2012. To apply for the auto title change of ownership, submit the following to your county tax office: The Texas title, properly assigned to you by the previous owner. Acts 2017, 85th Leg., R.S., Ch. Transferred, redesignated and amended from Transportation Code, Section 520.032 by Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. In this section, "Texas military forces" has the meaning assigned by Section . Acts 2011, 82nd Leg., R.S., Ch. (2) pay the fee required by Section 501.138. 969 (S.B. 969 (S.B. Acts 2017, 85th Leg., R.S., Ch. 67, Sec. (C) an ownership document issued by another state that is comparable to a document described by Paragraph (A) or (B); (3) with a gross weight in excess of 11,000 pounds; or. The judge shall try the appeal in the manner of other civil cases. SHORT TITLE. Acts 2009, 81st Leg., R.S., Ch. March 1, 2022. 1135 (H.B. (a) The owner of a motor vehicle must present identification and apply for a title as prescribed by the department, unless otherwise exempted by law. TITLE TRANSFER; LATE FEE. 2357), Sec. January 1, 2012. September 1, 2013. 501.147. Get everything done in minutes. 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. 1296 (H.B. This is How to Sign or Transfer Your Title in Texas GDN licenses are broken down into several categories. Sec. 76, Sec. 2, eff. Renumbered from Transportation Code, Sec. 2357), Sec. Sec. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. Sec. Acts 1995, 74th Leg., 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. June 15, 2007. Copies and Certificates - Texas Added by Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. (a) Notwithstanding any other law, the department shall issue a title for a former military vehicle if all requirements for issuance of a title are met. September 1, 2017. 501.156. Sec. January 1, 2012. (c) The comptroller shall promulgate forms to be used by each county assessor-collector for purposes of implementing this section. 501.09112. Sec. 165, Sec. IDENTIFICATION NUMBER INSPECTION. September 1, 2013. 3745), Sec. (6) "Major component part" means one of the following parts of a motor vehicle: (F) a door allowing entrance to or egress from the passenger compartment of the motor vehicle; (J) the cargo box of a vehicle with a gross vehicle weight of 10,000 pounds or less, including a pickup truck; (L) the body of a passenger motor vehicle; (M) the roof or floor pan of a passenger motor vehicle, if separate from the body of the motor vehicle. Acts 2011, 82nd Leg., R.S., Ch. 47, eff. 19, eff. 1135 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (a) This subchapter shall be enforced by the department and any other governmental or law enforcement entity, including the Department of Public Safety, and the personnel of the entity as provided by this subchapter. 1296 (H.B. (d) Except as provided by Subsection (e), an offense under Subsection (a), (b), or (c) is a Class C misdemeanor. (c) At the hearing, the applicant and the department may submit evidence. Only vehicles with a Texas title qualify for a Certificate of Authority. September 1, 2013. The fee for application for the receipt is the fee applicable to application for a title. (b) Notwithstanding any other provision of this chapter, if the department issues a certificate of title for a custom vehicle or street rod, the model year and make of the vehicle must be listed on the certificate of title and must be the model year and make that the body of the vehicle resembles. 2, eff. (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. 567 (H.B. 30.43(a), eff. Added by Acts 2001, 77th Leg., ch. 1, eff. 1, eff. 501.0920 and amended by Acts 2003, 78th Leg., ch. 1232 (S.B. PURPOSE. Chapters 1-9, Business & Commerce Code, control over a conflicting provision of this chapter. 501.0331. (b) The department may rescind, cancel, or revoke an application for a title if a notarized or county-stamped affidavit is presented containing: (1) a statement that the vehicle involved was a new motor vehicle in the process of a first sale; (2) a statement that the dealer, the applicant, and any lienholder have canceled the sale; (A) was never in the possession of the title applicant; or, (B) was in the possession of the title applicant; and. (7) "Metal recycler" means a person who: (A) is engaged in the business of obtaining, converting, or selling ferrous or nonferrous metal for conversion into raw material products consisting of prepared grades and having an existing or potential economic value; (B) has a facility to convert ferrous or nonferrous metal into raw material products by method other than the exclusive use of hand tools, including the processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content of the metal; and. 501.024. September 1, 2013. September 1, 2007. 501.153. 1296 (H.B. 501.155. This chapter shall be liberally construed to lessen and prevent: (2) the importation into this state of and traffic in motor vehicles that are stolen; and. (2) on expiration of the buyer's tag issued to the purchaser under Section 503.063, a 30-day permit under Section 502.095. Acts 1995, 74th Leg., ch. Redesignated and amended from Transportation Code, Section 501.103 by Acts 2011, 82nd Leg., R.S., Ch. (b) A person may purchase a nonrepairable motor vehicle or a salvage motor vehicle only if: (1) the person purchases the motor vehicle from a licensed salvage vehicle dealer or a governmental entity; (2) the motor vehicle has been issued a nonrepairable vehicle title or a salvage vehicle title; and. 2017), Sec. Acts 2013, 83rd Leg., R.S., Ch. (15) "Salvage motor vehicle" means a motor vehicle that: (A) has damage to or is missing a major component part to the extent that the cost of repairs, including parts and labor other than the cost of materials and labor for repainting the motor vehicle and excluding sales tax on the total cost of repairs, exceeds the actual cash value of the motor vehicle immediately before the damage; or. Acts 2017, 85th Leg., R.S., Ch. Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Sec. 1, eff. 26(1), eff. (5) any other document required by the department or necessary for the transfer of ownership of a nonrepairable motor vehicle or salvage motor vehicle. Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 876), Sec. Amended by Acts 1997, 75th Leg., ch. September 1, 2017. 2202), Sec. Sec. Added by Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. September 1, 2019. 1296 (H.B. (e) A person is eligible to file a rights of survivorship agreement under this section if the person: (1) is married and the spouse of the person is the only other party to the agreement; (2) is unmarried and attests to that unmarried status by affidavit; or. Sept. 1, 2003. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1287 (H.B. September 1, 2013. Acts 2005, 79th Leg., Ch. 4, eff. 969 (S.B. 76, Sec. 969 (S.B. Acts 2019, 86th Leg., R.S., Ch. (b) To obtain a title under this section, the owner of the trailer or semitrailer must: (c) A subsequent purchaser of a trailer or semitrailer titled previously under this section or in another jurisdiction must obtain a title under this section. September 1, 2015. 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. 3097), Sec. Remarks: The remarks section, also referred to as brands, provides . Acts 2011, 82nd Leg., R.S., Ch. 501.116. 1296 (H.B. PENALTIES. (c) The department must plainly mark "certified copy" on the face of a certified copy issued under this section. 501.107. (27) "Title" means a certificate or record of title that is issued under Section 501.021. January 1, 2012. 1325, Sec. OUT-OF-STATE SALVAGE OR REBUILT SALVAGE VEHICLE. Austin, TX 78711-3550. Amended by Acts 2001, 77th Leg., ch. PLACEMENT OF SERIAL NUMBER WITH INTENT TO CHANGE IDENTITY. 2076), Sec. (c) An insurance company that acquires, through payment of a claim, ownership or possession of a motor vehicle covered by a certificate of title for which the company is unable to obtain proper assignment of the certificate may obtain from the department not earlier than the 30th day after the date of payment of the claim: (2) a nonrepairable vehicle title for a nonrepairable motor vehicle; or. (g) The power of attorney created in this section shall be limited for the purposes and duration specified in this section. (b-1) Except as provided by Subsection (b-4), fees collected under Subsection (b) to be sent to the comptroller shall be deposited to the credit of the Texas emissions reduction plan fund. 1296 (H.B. 1296 (H.B. Inherited Vehicles Sept. 1, 2003. 2202), Sec. Application for Texas Title. Unit and the Statutory Documents Section may be addressed to: authentications@sos.state.tx.us. Section 3282.8(g); or. 814 (S.B. 1, eff. 2357), Sec. 1296 (H.B. September 1, 2017. (h) This section does not prevent a person from exporting or importing a used part obtained from an export-only motor vehicle. Transferred, redesignated and amended from Transportation Code, Section 520.035 by Acts 2011, 82nd Leg., R.S., Ch. texas certificate of title remarks section. (e) An electronic application for a nonrepairable vehicle title, nonrepairable record of title, salvage vehicle title, or salvage record of title must clearly advise the applicant of the same provisions required on a printed title. 1075, Sec. 45, eff. 1, eff. 2.02, eff. 1287 (H.B. (b) An offense under this section is a felony of the third degree. APPLICATION FOR TEXAS TITLE . 29, eff. 2357), Sec. Acts 2011, 82nd Leg., R.S., Ch. 2357), Sec. (b) A person who holds a nonrepairable certificate of title issued prior to September 1, 2003, is entitled to the same rights listed in Subsection (a) and may repair, rebuild, or reconstruct the motor vehicle. Section 580.3. (c) An odometer disclosure statement is not required for the transfer of a motor vehicle that is exempt from odometer disclosure requirements under 49 C.F.R. September 1, 2009. (k) The department may adopt rules to implement this section. 501.157. (g) On affixing an assigned identification number or witnessing the affixing of a reassigned identification number, the owner or the owner's representative shall certify on a form prescribed by the department that the identification number has been affixed in the manner and location designated by the department and shall submit the form in a manner prescribed by the department. Transferred, redesignated and amended from Transportation Code, Section 520.022 by Acts 2011, 82nd Leg., R.S., Ch. 1136 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (1) a farm trailer or farm semitrailer with a gross vehicle weight of not more than 34,000 pounds used only for the transportation of farm products if the products are not transported for hire; (2) the filing or recording of a lien that is created only on an automobile accessory, including a tire, radio, or heater; (3) a motor vehicle while it is owned or operated by the United States; or. This section does not apply to powers of attorney authorized under federal law or regulation that authorize a transferee to act as the agent of the transferor under certain circumstances or to powers of attorney otherwise authorized by the law of this state. Sec. September 1, 2013. Transferred, redesignated and amended from Transportation Code, Section 520.012 by Acts 2011, 82nd Leg., R.S., Ch. 2357), Sec. 12, eff. (e) 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: (1) stamp on the face of the title so as not to obscure any name, date, or mileage statement on the title the words "FOR EXPORT ONLY" in capital letters that are black; and.
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