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Sept. 1, 1999; Acts 1999, 76th Leg., ch. 18, eff. If the title for a motor vehicle reflects the notation required by this subsection, the owner may sell, transfer, or release the motor vehicle only as provided by this subchapter. FALSE NAME, FALSE INFORMATION, AND FORGERY. Sec. Acts 2011, 82nd Leg., R.S., Ch. (a) This section applies to a nonrepairable motor vehicle or a salvage motor vehicle that is offered for sale in this state to a person who resides in a jurisdiction outside the United States. PERSONAL IDENTIFICATION INFORMATION FOR OBTAINING TITLE. Added by Acts 2015, 84th Leg., R.S., Ch. 1422), Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. The transferee or agent or the person receiving delivery of the vehicle may mail the request and notification to the last known address of the owner or may otherwise send or deliver it to the owner. (d) A determination of the assessor-collector is binding on the applicant and the department as to whether the department correctly refused to issue or correctly rescinded, canceled, revoked, or suspended the title. 66, eff. 1, eff. SALE OF EXPORT-ONLY MOTOR VEHICLES. 2357), Sec. 501.0341. (i) The department by rule may provide that a person required by this section to provide notice may provide the notice electronically, including through the use of e-mail or an interactive website established by the department for that purpose. In this chapter: (1) "Assembled vehicle" has the meaning assigned by Section 731.001. 296, Sec. 2481), Sec. 1, eff. Acts 1995, 74th Leg., ch. SALVAGE DEALER RESPONSIBILITIES. January 1, 2012. Acts 2011, 82nd Leg., R.S., Ch. In this subchapter: (1) "Actual cash value" means the market value of a motor vehicle. 1592), Sec. PERFECTION OF SECURITY INTEREST. 241, 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. (b) When application for a title is made, the transferee shall record the odometer reading on the application. (e) Repealed by Acts 2021, 87th Leg., R.S., Ch. Sec. When the owner submits a report, the owner shall surrender the ownership document and apply for a nonrepairable vehicle title, nonrepairable record of title, salvage vehicle title, or salvage record of title. 501.138. (d) An application under Subsection (b) must be acknowledged by the assignee. Amended by Acts 2001, 77th Leg., ch. (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. 1, eff. 1296 (H.B. 2357), Sec. (f) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (c-1) The department's titling system must include a remark that clearly identifies the vehicle as a salvage or nonrepairable motor vehicle. (c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. Remarks: The remarks section, also referred to as brands, provides . September 1, 2009. 592 (S.B. September 1, 2019. 49, eff. January 1, 2012. Renumbered from Transportation Code, Sec. (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. Acts 2011, 82nd Leg., R.S., Ch. (14) "Manufacturer" has the meaning assigned by Section 503.001. 4.10, eff. 165, Sec. TITLE TRANSFER; LATE FEE. May 28, 1999. (a) Except as provided by Subsection (b), a person may perfect a security interest in a motor vehicle that is the subject of a first or subsequent sale only by recording the security interest on the title as provided by this chapter. Acts 2011, 82nd Leg., R.S., Ch. CERTIFICATE OF TITLE FOR CUSTOM VEHICLE OR STREET ROD. 4, eff. Acts 2017, 85th Leg., R.S., Ch. 2202), Sec. (e) Notwithstanding Section 503.033(e), the department may recover against the surety bond executed by the dealer under Section 503.033 the amount of any fee waived for a title or permit issued under this section. (2) the information is entered into the department's titling system. January 1, 2012. (a) In this section, "autocycle" means a motor vehicle, other than a tractor, that is: (1) designed to have when propelled not more than three wheels on the ground; (3) equipped with seating that does not require the operator to straddle or sit astride the seat; and. 165, Sec. Acts 1995, 74th Leg., ch. September 1, 2015. (2) certifies there are no liens on the vehicle or provides a release of each lien on the vehicle. SALE OF VEHICLE; TRANSFER OF TITLE. September 1, 2019. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1325, Sec. (17) "Salvage vehicle dealer" means a person engaged in this state in the business of acquiring, selling, repairing, rebuilding, reconstructing, or otherwise dealing in nonrepairable motor vehicles, salvage motor vehicles, or, if incidental to a salvage motor vehicle dealer's primary business, used automotive parts regardless of whether the person holds a license issued by the department to engage in that business. 1296 (H.B. 262 (S.B. 485 (H.B. To obtain a title, the owner must apply: (1) to the county assessor-collector in the county in which: (B) the motor vehicle is purchased or encumbered; or. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2019. If the dealer is unable to provide the original Texas Certificate of Title because it is lost or stolen, the dealer may sign the certification on the Form VTR-18. 2202), Sec. September 1, 2019. Acts 2013, 83rd Leg., R.S., Ch. (11) "Importer's certificate" means a certificate for a used motor vehicle brought into this state for sale in this state. September 1, 2019. (c) Ownership of the vehicle may be transferred only: (1) by all the persons acting jointly, if all the persons are alive; or. Renumbered from Transportation Code, Sec. Sept. 1, 1995. In completing the odometer disclosure on the owner's behalf, the agent shall identify the same condition (i), (ii), or (iii) provided in the owner's statement, unless the agent knows that the condition identified in the owner's statement is not correct. January 1, 2012. Sec. 2357), Sec. 2076), Sec. 1276, Sec. Section 149. Acts 2011, 82nd Leg., R.S., Ch. 501.1001. 2076), Sec. (a) The owner of a motor vehicle for which a nonrepairable vehicle title issued prior to September 1, 2003, or for which a salvage vehicle title or salvage record of title has been issued may apply for a title after the motor vehicle has been repaired, rebuilt, or reconstructed and, in addition to any other requirement of law, only if the application: (1) describes each major component part used to repair the motor vehicle; (2) states the name of each person from whom the parts used in assembling the vehicle were obtained; and. 23, eff. Acts 2011, 82nd Leg., R.S., Ch. 969 (S.B. 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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1997. Sec. 1296 (H.B. Sec. Sept. 1, 2001. Sept. 1, 1997. 1, eff. (b) A person who violates this section commits an offense. Sept. 1, 2003. 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 (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. Sept. 1, 1997. Texas Department of Transportation VTR-34 DHT # 142777 (Rev. 12, eff. Description of texas title template. (h) This section does not prevent a person from exporting or importing a used part obtained from an export-only motor vehicle. Acts 2011, 82nd Leg., R.S., Ch. Sec. Acts 2017, 85th Leg., R.S., Ch. 53, eff. January 1, 2012. (f) If the department reassigns a manufacturer's identification number, a representative of the department shall affix the number in a manner and location designated by the department. Added by Acts 2019, 86th Leg., R.S., Ch. Step 2: Fill out the title transfer section on the title. 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 ). 2357), Sec. 165, 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. Sept. 1, 1995. Sec. SALE, TRANSFER, OR RELEASE. 2741), Sec. Sept. 1, 1995. (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). (a) In this section, "salvage pool operator" has the meaning assigned by Section 2302.001, Occupations Code. Acts 2011, 82nd Leg., R.S., Ch. This subchapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. (c) Subsections (a) and (b) do not apply to a motor vehicle lawfully imported into the United States by a distributor or dealer from the vehicle's manufacturer. September 1, 2017. May 14, 2001. (C) the sale of an export-only motor vehicle to a person who is not a resident of the United States. (2) pay the fee required by Section 501.138. Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (d) A title receipt with registration or permit authorizes the operation of the motor vehicle on a public highway in this state until the title is issued. RIGHTS OF SURVIVORSHIP AGREEMENT. 567 (H.B. Sept. 1, 1997. (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (a) If the application for the transfer of title is not filed during the period provided by Section 501.145, the late fee is to be paid to the county assessor-collector when the application is filed. 3097), Sec. (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. 161 (S.B. Acts 2009, 81st Leg., R.S., Ch. (d) Subsection (c) does not apply to a motor vehicle operated on a public highway in this state with a metal dealer's license plate or a dealer's or buyer's temporary tag attached to the vehicle as provided by Chapter 503. 1296 (H.B. (B) the requirements for operation or transfer of ownership of the motor vehicle under Subsection (b). 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. (a) Not later than the later of the 30th day after the date of assignment on the documents or the date provided by Section 152.069, Tax Code, the purchaser of the used motor vehicle shall file with the county assessor-collector: (1) the certificate of title or other evidence of title; or. (d) The comptroller may adopt rules as necessary to implement this section, including rules that define "satisfactory evidence" for purposes of this section. 2357), Sec. 2741), Sec. (a) Recordation of a lien under this chapter is considered to occur when: (1) the department's titling system is updated; or. 26(2), eff. 2017), Sec. 2741), Sec. 55, eff. 422, Sec. 988), Sec. (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. Sec. 501.0235. Acts 2007, 80th Leg., R.S., Ch. An offense under this section is a misdemeanor punishable by a fine of not less than $50 and not more than $100. 1062), Sec. Sec. January 1, 2012. 592 (S.B. January 1, 2012. January 1, 2012. Acts 2011, 82nd Leg., R.S., Ch. texas certificate of title remarks section. CANCELLATION OF DISCHARGED LIEN. 1135 (H.B. 20, eff. (b) A metal recycler shall submit to the department the properly assigned manufacturer's certificate of origin, regular certificate of title, nonrepairable vehicle title, salvage vehicle title, or comparable out-of-state ownership document that the person receives in conjunction with the purchase of a motor vehicle not later than the 60th day after the date the metal recycler receives the title or out-of-state ownership document. 1136 (H.B. 10, eff. Acts 2011, 82nd Leg., R.S., Ch. 5, eff. September 1, 2013. Acts 1995, 74th Leg., ch. (B) the registration of the vehicle if registration is required under the laws of this state. 501.113. (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. Acts 2017, 85th Leg., R.S., Ch. (A) a motor vehicle that has been the subject of a first sale; or. Redesignated and amended from Transportation Code, Section 501.096 by Acts 2011, 82nd Leg., R.S., Ch. 3, eff. January 1, 2012. Sept. 1, 1997. 2357), Sec. Acts 2019, 86th Leg., R.S., Ch. 161 (S.B. 1296 (H.B. Acts 2013, 83rd Leg., R.S., Ch. (f) The department may adopt rules to administer this section. 5, eff. 17.02, eff. Redesignated and amended from Transportation Code, Section 501.098 by Acts 2011, 82nd Leg., R.S., Ch. 501.151. Sept. 1, 1997. (d) A rights of survivorship agreement under this section may be revoked only if the persons named in the agreement file a joint application for a new title in the name of the person or persons designated in the application. 501.0275. RECORD RETENTION. 30.41, eff. 933 (H.B. Section 580.8(b), as it may from time to time be amended. (F) the motor vehicle is a nonrepairable motor vehicle or salvage motor vehicle for which a nonrepairable vehicle title, salvage vehicle title, or comparable ownership document issued by another state or jurisdiction has not been issued. (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. January 1, 2012. 969 (S.B. (g) An application for a title under Subsection (f) must: (1) be submitted to the department on a form prescribed by the department; and. 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. (b) Upon transfer of ownership, the seller shall complete assignment of title by signing and printing the seller's name, printing the date of transfer, and printing the purchaser's name and address on the title. 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. (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. Acts 2017, 85th Leg., R.S., Ch. (2) proof of notice as required by Sections 70.004 and 70.006, Property Code, or by Section 59.0445, Property Code. 969 (S.B. Acts 2021, 87th Leg., R.S., Ch. 1296 (H.B. 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. Acts 2019, 86th Leg., R.S., Ch. LIMITED POWER OF ATTORNEY. 2741), Sec. (c) In addition to other title fees, the board by rule may set a fee to be assessed for the issuance of a paper title to cover the cost of administering the electronic titling system. Renumbered from Transportation Code Sec. (g) A person commits an offense if the person knowingly provides false or incorrect information or without legal authority signs the name of another person on: (1) an application for a title to a nonrepairable motor vehicle or salvage motor vehicle; (2) an application for a certified copy of an original title to a nonrepairable motor vehicle or salvage motor vehicle; (3) an assignment of title for a nonrepairable motor vehicle or salvage motor vehicle; (4) a discharge of a lien on a title for a nonrepairable motor vehicle or salvage motor vehicle; or. 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. SUBCHAPTER C. REFUSAL TO ISSUE, REVOCATION, SUSPENSION, OR ALTERATION OF CERTIFICATE. 165, Sec. Section 7407), as amended, or is an affected county, as defined by Section 386.001, Health and Safety Code; or. 2357), Sec. September 1, 2021. 2, eff. If, for any reason, the payment of a fee under this chapter by electronic funds transfer, credit card, or debit card is not honored by the funding institution, or by the electronic funds transfer, credit card, or debit card company on which the funds are drawn, the department may collect from the person who owes the fee being collected a service charge that is for the collection of that original amount and is in addition to the original fee. MOTOR VEHICLE TITLE REQUIRED. 501.145. (2) on the death of one of the persons, by the surviving person or persons by transferring ownership of the vehicle, in the manner otherwise required by law, with a copy of the death certificate of the deceased person. 1296 (H.B. (c) A title for a motor vehicle that has been the subject of an ordered repurchase or replacement under Chapter 2301, Occupations Code, must contain on its face a notice sufficient to inform a purchaser that the motor vehicle has been the subject of an ordered repurchase or replacement. Acts 2011, 82nd Leg., R.S., Ch. 876), 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. Acts 2017, 85th Leg., R.S., Ch. January 1, 2012. Sec. (4) a new motor vehicle on loan to a political subdivision of the state for use only in a driver education course conducted by an entity exempt from licensure under Section 1001.002, Education Code. 1296 (H.B. 969 (S.B. 1, eff. 1291 (H.B. (3) otherwise allowed by department rule. Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 501.135. January 1, 2012. 501.0915 and amended by Acts 2003, 78th Leg., ch. September 1, 2017. Sec. Acts 2021, 87th Leg., R.S., Ch. 32, eff. 1075, Sec. Sept. 1, 2001. Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. All fees collected under this subchapter shall be deposited to the credit of the Texas Department of Motor Vehicles fund. APPLICATION FOR MOTOR NUMBER RECORD; PENALTY. Sec. (b) The owner may submit the discharge and title to the department for a new title. The county or municipal treasurer of a county or municipal entity that provides an inspection under this section shall credit the fee to the general fund of the county or municipality, as applicable, to defray the entity's cost associated with the inspection. Acts 2011, 82nd Leg., R.S., Ch. 25, eff. Acts 2019, 86th Leg., R.S., Ch. (h) Only the department may issue an identification number to a motor vehicle, trailer, semitrailer, motor, frame, or body of a motor vehicle, or an item of equipment not required to be titled but that may be registered under Chapter 502 or issued license plates under Chapter 504. 1, eff. (2) require a lienholder to use an intermediary to access the system. 969 (S.B. Sec. 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. Sept. 1, 2003. September 1, 2013. 1, eff. Added by Acts 2003, 78th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1995. 5, eff. September 1, 2017. 20, eff. 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 19, 2009. (E) the vehicle identification number assigned by the maker of a kit, if the vehicle is an assembled vehicle that is assembled from a kit. Acts 2011, 82nd Leg., R.S., Ch. 2017), Sec. 16, eff. 2188), Sec. 2, eff. September 1, 2017. 1296 (H.B. 67, Sec. (A) operate or permit the operation of the motor vehicle on a public highway, in addition to any other requirement of law; (B) repair, rebuild, or reconstruct the motor vehicle; or. (iv) is not a utility trailer, enclosed trailer, or other trailer that does not have human habitation as its primary function. 1755), Sec. 2357), Sec. 1296 (H.B. The term does not include an unlicensed person who: (A) casually repairs, rebuilds, or reconstructs not more than five nonrepairable motor vehicles or salvage motor vehicles in the same calendar year; (B) buys not more than five nonrepairable motor vehicles or salvage motor vehicles in the same calendar year; or. (c) A subsequent purchaser of a farm trailer or farm semitrailer titled previously under this section or in another jurisdiction must obtain a title under this section. 371 (H.B. Sept. 1, 2003. 165, Sec. Sept. 1, 2003. 405 (S.B. Added by Acts 2011, 82nd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Section 7407), as amended, or is an affected county, as defined by Section 386.001, Health and Safety Code; or. 501.0236. 45, eff. A sale made in violation of this chapter is void and title may not pass until the requirements of this chapter are satisfied. Sept. 1, 1995. 501.09113. 1, eff. 793 (S.B. (3)AA"Dealer" has the meaning assigned by Section 503.001. (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. 59, eff. Sec. (c) The department may collect the fee set under Section 2054.2591, Government Code, from a person making a payment by electronic funds transfer, credit card, or debit card through the online project implemented under Section 2054.252, Government Code.
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