M V T OTOR

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MOTOR VEHICLE TITLE MANUAL
TxDMV July 2014
We welcome your feedback!
Send your comments and recommendations to the following e-mail address:
[email protected]
In the e-mail subject line, state the document name (i.e. Title Manual). In the body describe the change including the chapter
and page number from the currently posted version.
Book 451
TABLE OF CONTENTS
Chapter 1 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1
1.1
1.2
1.3
1.4
Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conflicts with Business & Commerce Code Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1-1
1-1
1-2
1-2
Chapter 2 Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
2.1
2.2
2.3
2.4
2.5
Department Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Rules; Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Processing Of Application; Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Customer Inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Release of Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Requests from Incarcerated Individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Vehicle Record (History) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
County Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Duty of and Responsibilities of County Assessor-Collector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Violation by County Assessor-Collector; Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
Rejection Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
Title Transaction Assembly Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
Bundle Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5
Bundle Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5
Consolidating Multiple Workstations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6
Specially Marked Envelopes: Examples of Transaction Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6
NMVTIS Envelope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-7
Apportioned RPO Envelope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-7
Red Flag Envelope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-7
Special Handling Envelope (similar transactions should be labeled and grouped together within this envelope) .
2-7
Specialty Plates Envelope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-7
Mailing Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7
Title Package Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7
Chapter 3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1
3.1
3.2
3.3
Collection and Disposition of Title Application Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certain Military Personnel Exempt From Title Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hostile Fire Zones as Designated by the Secretary of Defense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Military Orders Example . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delinquent Transfer Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Filing Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Filing Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Determining Date of Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Penalty Amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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3-3
3-3
3-5
3-7
3-7
3-7
3-7
3-8
3-8
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3.4
3.5
3.6
3.7
General Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-8
Motor Vehicle Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-8
Seller-Financed Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-8
Military Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-8
Collection of Delinquent Transfer Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-9
Out of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-9
Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-9
Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Transfers by Operation of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Applications for Corrected Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Insurance companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Salvage Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Non-titled vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Rejected Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
Allocation of Transfer Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
Nonrepairable or Salvage Vehicle Title Application Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
Rebuilt Salvage Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
Title Fee Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
Chapter 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1
4.1
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1
Chapter 5 Certificate of Title Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
5.1
5.2
5.3
5.4
5.5
5.6
5.7
Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
Effective Dates: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
Re-Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-2
Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
Motor Vehicle Title Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3
Retail Purchasers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
Non Titled Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
Farm Tractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
Distinguishing Plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
Machinery Plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-4
Permit Plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-4
Trailers and Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
Evidence of ownership required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-4
Out of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-5
Details and Clarifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-5
Farm Trailers and Farm Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5
Title Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5
Issuance of Title to Government Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5
State Government Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6
Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-6
Dealer Owned School District Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-6
Leased Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-6
Unconventional Machinery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-6
Fire Fighting Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-7
Civil Air Patrol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-7
Volunteer Ambulance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-7
Texas Facilities Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-7
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Federal Government Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-7
Vehicles Leased from the Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-8
Local Government Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-8
Private Mail Carriers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-8
5.9 Office of Foreign Missions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8
5.10 Alias Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8
5.11 Sale or Offer without Title Receipt or Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9
Chapter 6 Application and Issuance of Motor Vehicle Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1
6.1
6.2
6.3
6.4
6.5
6.6
Application for Texas Title (Form 130-U) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1
Required Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-3
Make of Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-3
Vehicle Identification Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-3
Current Texas License Plate Number and Month and Year of Expiration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-3
Year Model . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-4
Body Style . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-4
Gross Vehicle Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-4
Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-5
Odometer Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-5
Previous Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-5
Legal Name of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-6
Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-6
Same Name for Owner and Lienholder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-6
Stamps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-6
Lessee and Lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-7
Address of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-7
Address Confidentiality Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-8
Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-8
One Document for Multiple Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-8
Title Application Receipt Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-9
Place of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-9
Personal Identification Information for Obtaining Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-9
Acceptable Form of Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-9
Authority to Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-10
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-10
Dealer Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-11
Social Security Number of Title Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-11
Financial Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-11
Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-11
Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-11
Acceptable Proof of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-12
Non-negotiable “Duplicate Original” Certificates of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-12
Lien Recorded on a Negotiable Texas Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-12
Non-negotiable Title for Registration Purposes Only (RPO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-13
Use of Title or Registration Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13
Title Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13
Form VTR-131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13
Insurance Company Title Application on Paid Claim Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-14
Without Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-14
Title Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-14
Without Properly Assigned Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-15
Title Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-15
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-16
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6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
Registration Purposes Only (RPO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-16
Use of Title or Registration Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-16
Application for Registration Purposes Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-16
Application Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-16
Form VTR-272 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-17
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-17
Out of State Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-17
Apprehended Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-17
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-17
Approval of the Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-17
Vehicles Located Out of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-18
Issued to Texas Licensed Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-18
Foreign/Imported Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-18
Correction of Registration Purposes Only Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-18
Older Non-negotiable Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-19
Application for Negotiable Texas Title after Issuance of Registration Purposes Only . . . . . . . . . . . . . . . . . . . . 6-19
Non-Negotiable Titles Issued by Other States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-19
Issuance of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-19
Encumbered Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-20
Unencumbered Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-20
Signature of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-20
Title Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-20
Duplicate Title Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-20
Alteration of Certificate or Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-21
Rejected Title Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-21
Retention of Rejected Title Transaction Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-22
Stop Title Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-22
Temporary Hold Title Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-23
Revocation Affidavits - First Sale Title Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-23
Corrected Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-24
Lost Title Report or Transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-25
Undeliverable/Returned Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-25
Electronic Titling System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-25
Remarks/Brands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-25
Chapter 7 Corrections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
Statements of Fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1
Altered Date of Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
Corrected Manufacturer’s Certificate of Origin (MCO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
Incorrect Vehicle Identification Number (VIN) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
Incorrect Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
“Title Rejected” Corrections (Formerly “Resubmits”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3
Corrected Texas Certificates of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3
Processing Corrected Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3
No Charge Corrected Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3
Record Showing Prior CCO Issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-5
Incorrect Lien Recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-5
Name Change Due to Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-5
Two-Chain Record of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-5
Removing Duplicate Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-5
VIN in Error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-6
Owner’s Record Superseded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-6
Switched Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-6
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7.10
7.11
7.12
7.13
7.14
7.15
7.16
Incorrect Entries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-6
Switched MCOs and One Vehicle Titled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-7
Switched MCOs and Both Vehicles Titled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-7
Vehicle Description Corrections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-7
Motor and Permanent VIN Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-7
MCO in Error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-7
Errors of VIN Characters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Out of State Vehicles (One or Two VIN Characters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Out of State Vehicles (More than Two VIN Characters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Error on Out of State Evidence (One or Two Characters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Physically Altered VINS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Lack of Basic Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
Out of State Make, Year Model, and Body Style Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
Commercial Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
Converted Passenger Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
Pickup Trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-10
Station Wagons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-10
Trucks Converted to Truck Tractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-10
Truck Tractors Converted Into Trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-11
Truck Tractors Converted To Passenger Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-11
Optional Classification Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-11
Buses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12
Adjusting Weights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12
Chapter 8 Refusal/Denial of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1
8.1
8.2
8.3
8.4
Grounds for Refusal to Issue, or for Revocation or Suspension of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1
Rejections due to Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
Stolen Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
Appeal Hearings for Title Refusal to Issue or Revocation or Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
Tax Assessor-Collector Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-3
Insufficient evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-3
Title Refused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-3
Holding a Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-4
Documentation Lacking for Title Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-5
Hearings after Department Rejection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-5
Bonded Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-5
Filing of Bond as Alternative to Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-6
Initial Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-6
Final Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-6
Ineligible Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-7
Review of Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-7
Rejection Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-8
Identification Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-8
Determining Vehicle Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-8
Vehicle Value Undetermined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-9
Brands and Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-9
Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9
Suspended or Revoked Existing Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-10
County Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-10
Late Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-11
Require Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-11
Fee Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-12
Assemble the Transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-12
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8.5
8.6
Department Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintenance of Original Surety Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lost Bonded Title Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Receivership or Liquidation of Surety Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Denial for Failure to Provide Proof of Emissions Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirement, Proof, and Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Denial for Safety Responsibility Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8-12
8-13
8-14
8-14
8-14
8-15
8-15
Chapter 9 Transfer of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
Sale of Vehicle; Transfer of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
Sale or Offer without Title Receipt or Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2
Title Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2
Joint Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2
Bills of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2
Attorneys and Executors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
Repossessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
Court Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
Judicial Bill Of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
Abandoned Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4
Purchase and Merger of Firms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4
Dealer Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4
Form VTR-41-A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4
Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-5
Filing By Purchaser; Application For Transfer Of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-5
Transfer Fee; Late Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-5
Emissions Test on Resale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-5
Affected County (or non-attainment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6
Emissions Test on Resale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6
Proof of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7
Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7
Examples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7
Situation 1: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-7
Situation 2: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-7
Situation 3: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-7
Situation 4: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-8
Delivery of Receipt and Title to Purchaser of Used Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-8
Vehicle Transfer Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-8
Notification of Vehicle Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-9
Violations and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10
Sales in Violation of Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10
Execution of Transfer Documents; Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10
General Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-11
Chapter 10 Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1
10.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1
10.2 Manufacturer's Certificate of Origin (MCO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1
Required on First Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1
Required Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-2
Manufacturer’s Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-3
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-3
Name and Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-3
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Description of Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-3
Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-3
House Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-5
Travel Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-6
Motorcycles, Mopeds, Motor Scooters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-6
Buses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-6
Gross Vehicle Weight Rating (GVWR) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-6
Signature of the Manufacturer's Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-7
Back of Manufacturer’s Certificate of Origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-7
Rejected Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-8
Transactions Over Two Years Old . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-8
Oil Company Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-8
10.3 Bill of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-9
10.4 Form 97, US Government Certificate to Title a Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Texas Dealer Purchaser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Texas Title with Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Missing Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Donated Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
10.5 Importer's Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-11
Chapter 11 Signature - Authority to Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1
11.1 Names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1
Legal Name and Signature Consistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1
Joint ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2
Rights of Survivorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2
11.2 Signature Formats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2
Joint Owners/Power of Attorney/Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3
Business Entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-3
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-5
Application for Title Signed by a Trustee and Authority Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-5
11.3 Powers of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-6
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-6
Returning a Power-of-Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-7
General Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-7
Limited Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-7
Death of a Grantor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-8
Executor or Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-8
Two or More Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-8
Firms, Associations, or Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-8
Two or More Persons as Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-8
Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9
11.4 Secure Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9
Power of Attorney to Transfer Ownership and to Disclose Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9
Power of Attorney to Review Title Documents and Acknowledge Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . 11-9
Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-10
11.5 Limited Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-10
“Balloon-note Due” Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-12
Specifics of the Limited POA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-12
Acceptance of the limited POA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-13
Uncommon Circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-13
Use of Limited POAs with E-Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-13
11.6 Issuance of New Certificate of Title Because of Subsequent Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-13
11.7 Title and Dealer Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-13
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11.8 Notarized Documents and Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Forms not Requiring Notarization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11.9 One Document for Multiple Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11.10 Acknowledgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11-14
11-14
11-14
11-15
Chapter 12 Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1
12.1
12.2
12.3
12.4
12.5
12.6
12.7
12.8
12.9
12.10
12.11
12.12
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1
Perfection of Security Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1
Sale or Security Interest Not Created by Certain Vehicle Leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-2
Recordation of Security Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-2
Protection for the Lender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-3
Liens not Noted on Certificates and Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-3
Liens Noted on Certificates and Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-3
Lien Information on Application for Title (Form 130-U) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4
Lien Wording . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4
Altered Lien Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-4
Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-4
Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-5
Rejected Form VTR-500-RTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-5
Out of State Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-5
Priority of Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-5
Errors and Forgery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Second Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Joint Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Lienholders’ Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Corrected Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Exempt Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Et Al . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-7
Liens on Component Parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-7
Income Tax Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-7
Accessories Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-7
Restitution Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-7
Lienholder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-8
Filing/Perfection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-8
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-8
Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-8
Release of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
Landowner’s Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
Filing/Perfection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
Lien Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
Release of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
Child Support Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Filing/Perfection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Release of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Transfer of Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Assignment of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Application for Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-11
Supporting Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-12
Release of Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-12
Missing Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-12
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Executing Release of Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-13
First or Second Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-13
Multiple Lienholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-14
Out of State Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-15
Transfers of Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
Manufacturer’s Certificate of Origin (MCO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
Court Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
Electronic Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
12.13 Liens Over 10 Years Old . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
12.14 Electronic Lien Title (ELT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-17
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-18
e-Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-18
e-Lienholder or e-Title Lienholder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-18
Certified Lienholder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-18
Local Lienholder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-18
ELT Lienholder Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-18
ELT Vendor Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-18
Application for an Electronic Lien Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-19
ELT Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-19
Electronic Data Transmissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-19
Identifying a prior ELT Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-19
Owners Obtaining a Printed Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-20
Chapter 13 Vehicle Identification Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-1
13.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-1
1955 and Prior Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-2
1968 and Later Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-2
1981 and Later Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-2
Manufacturer's VIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-2
1995 and Later GM Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-2
Strikeovers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3
Prefixes and Suffixes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3
13.2 Motor Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3
Motor Number Required for Vehicle Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3
Application for Motor Number Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3
13.3 Serial Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-4
13.4 Motorcycles and Motor Scooters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-4
13.5 House Trailers, Trailers, and Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-4
Serial Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-4
Trailers Without Frames . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-5
Home Made Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-5
13.6 Vehicle Identification Number (VIN) Quick Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-5
Vehicle Major Component Parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-5
Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-5
Frame . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-5
Motor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-6
Junked Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6
13.7 Assignment of Identification Number by Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6
13.8 Rightful Owner / Right of Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-7
13.9 Reassigned Vehicle Identification Number (VIN) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-8
Reissuing VINs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-8
Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-8
Issuance and Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-8
Motor Vehicle Title Manual
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TxDMV April 2014
Table of Contents
13.10
13.11
13.12
13.13
13.14
13.15
13.16
13.17
13.18
13.19
13.20
Trailers, Semitrailers and House (Travel Trailers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-8
Missing VINs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-9
Title Implications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-9
Recovered Out-of-State Stolen Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-9
Justice of the Peace (JP) Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-9
Assigned Vehicle Identification Numbers (TEX Prefix Numbers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-9
Altered Manufacturer's VIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-10
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-10
Approval and Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-10
Application For Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-11
Non-Titled Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-11
Homemade/Shopmade House Trailers, (HT Prefix Numbers) Trailers, and Semitrailers (TR Prefix Numbers) . 13-11
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-12
Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-13
Number Assigned by Another State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-13
VIN Standards (Processing of ‘I’ and ‘O’) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-13
Seized and Forfeited Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-14
Exempt Agency Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-14
Cancellation of Assigned Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-14
Assigned Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-14
Assigned Equipment Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-15
Assigned Component Part Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-15
Trailers, Semitrailers, and House (Travel) Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-15
Placement of Serial Number With Intent to Change Identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-15
Violation by County Assessor-collector; Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-15
Chapter 14 Vehicle Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1
14.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1
14.2 Multi Purpose Type Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-2
14.3 Motorcycle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-2
Enclosed Three Wheeled Motorcycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-3
14.4 Moped . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-3
New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-3
Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-3
Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-3
VIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-4
14.5 Neighborhood Electric Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-4
Registration and Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-4
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-4
Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-4
Neighborhood Transportation Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-5
14.6 Farm Tractor/Road Tractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-5
14.7 Implements of Husbandry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-5
14.8 Trailer/Semitrailer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-5
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-5
Serial Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-6
Lack of Serial Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-6
Trailers Without Frames . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-6
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-6
Out of State Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-6
Empty Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-7
14.9 Homemade/Shopmade Trailers or Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-7
Titled Homemade Trailers and Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-7
Motor Vehicle Title Manual
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TxDMV April 2014
Table of Contents
14.10
14.11
14.12
14.13
14.14
14.15
14.16
14.17
14.18
14.19
Non-Titled Homemade Trailers and Semitrailers: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-7
Optional Title for Trailers under 4,000 Pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-8
Farm Trailer/Farm Semitrailer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-8
Title Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-9
Light Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-9
Heavy Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-9
Trailer Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-9
Farm Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-9
Titled Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-10
Trailers In Excess of 34,000 Pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-10
Temporary Additional Weight Receipts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-10
Machinery/Permit Vehicle Plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-10
Trailer Jockey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-11
House, Camper, and Travel Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-11
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-11
Utility Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-11
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-11
Out of State Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
Park Model Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
Move Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
Mobile Office Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
Motor Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-13
Mounted Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-13
Converted Trucks and Buses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-13
Converted Vans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-13
New Vans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-13
Chopped, Cutaway, or Incomplete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-14
Former Military Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-14
Golf Carts and Other Miniature Type Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15
Title Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15
Identification Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15
Slow Moving Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15
Mini-trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15
Off-Highway Use Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15
Off-Highway Use Motorcycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-16
Requirement of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-16
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-16
Vehicle Identification Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-16
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-16
Modified Off-Highway Motorcycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-17
All-Terrain Vehicle (ATV) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-17
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-17
Recreational Off-highway Vehicle (ROV) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-17
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-17
Title Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-18
Title Exemption for ATVs and ROVs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-19
Chapter 15 Odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1
15.1 Odometer Disclosure Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1
Federal Truth in Mileage Act of 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1
15.2 Vehicles Exempt from Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-2
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15.3 Application for Title/Title Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Metric Odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Texas Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Out-of-State Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Manufacturer's Certificate of Origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applications for Registration Purposes Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Salvage Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
US Government Certificate to Obtain Title to a Vehicle, Form 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Corrected Title Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title Application Fails to Record an Odometer Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exempt Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15.4 Odometer Title Brand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15.5 Operation of Law Title Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unrecovered Stolen Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15.6 Odometer Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vehicles Having No Odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Broken or Inoperable Odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repaired or Replaced Odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Odometer Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Odometer Errors on a Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Letter Preceding Numbers in Odometer Field . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15.7 Power of Attorney to Transfer Ownership and Disclose Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15-2
15-2
15-3
15-3
15-3
15-3
15-3
15-4
15-4
15-4
15-4
15-4
15-4
15-4
15-5
15-5
15-5
15-5
15-5
15-6
15-6
15-6
15-6
15-7
15-7
Chapter 16 Operation of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-1
16.1
16.2
16.3
16.4
Transfer of Vehicle by Operation of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-1
Definitions and Distinctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-2
Transfers Originating Out-of-State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-3
Estates of Decedents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-3
Administration by Executor or Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-3
Testate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-3
Letters Testamentary [Estates Code 306] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-3
Letters of Administration [Estates Code 306] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-3
Administration Not Granted [Estates Code 306] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-3
More than One Executor or Administrator [Estates Code 307] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-4
Independent Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-4
Muniment of Title [Estates Code 257] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-4
Executor or Administrator not to Purchase [Estates Code 356] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-5
Summary Court Officer as Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-5
Guardians for minors, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-5
Certificate of Title Lost - Deceased Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-5
Certificate of Title Lost (Deceased Lienholder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-6
Joint Wills and Ownership Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-7
No Administration and None Necessary [Estates Code 201] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-7
Affidavit by all Heirs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-7
Affidavit of Heirship(s) by Disinterested Person(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-8
Minor Heirs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-9
Small Estates [Estates Code 205] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-9
16.5 Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-9
Transferring a Title to a Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-9
Transferring a Title from a Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-10
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16.6 Bankruptcies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-10
Recorded Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-11
Receivership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-11
16.7 Bank Liquidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-12
Repossessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-12
16.8 Repossessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-12
Required Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-12
Texas Titles Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-12
Out-of-state Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-13
“Floor Plan” Lien Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-14
Repossession Affidavit Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-14
Judicial Sale/Writs of Sequestration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-14
Cosigners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-14
Repossession Affidavits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-14
16.9 Judicial Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-15
Writs of Sequestration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-15
16.10 Seized and Forfeited Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-16
Proof of Safety Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-16
Contraband Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-17
Seizure and Sale by Comptroller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-17
Seizure and Sale by Texas Alcoholic Beverage Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-17
Liquor Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-18
Customs Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-18
16.11 U.S. Bill of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-18
16.12 Change of Name (Texas Family Code - Chapter 45) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-18
16.13 Divorce Suits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-18
16.14 Judgments and Decrees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-19
16.15 Judicial Declaration of Incompetence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-20
16.16 Rights of Survivorship Agreement for a Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-20
16.17 Texas Uniform Gifts or Transfers to Minors Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-20
16.18 Judicial Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-20
Justice of the Peace (JP) or Municipal Judge Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-20
County or District Court Judge Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-21
Chapter 17 Rights of Survivorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-1
17.1 Rights of Survivorship Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notarized Affidavits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Death Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.2 Rights of Survivorship Agreement Between a Husband and Wife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application for a certificate of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.3 Corrected Title to Add Rights of Survivorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.4 Survivorship Rights remark not Shown on the Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agreement on the Face of the Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agreements Retained in Personal Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.5 Persons That are Not Married . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title Shows Survivorship Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title Does Not Show Survivorship Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.6 Includes a Married Person but not Their Spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.7 Title Does Not Show Rights of Survivorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.8 Includes the Seller of the Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.9 Rights of Survivorship Agreement Represents Joint Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.10 Rights of Survivorship Agreement Signed in Error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.11 Revoking the Rights of Survivorship Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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17.12 Certificate of Title Requirements for the Survivor(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-6
17.13 Entry of Rights of Survivorship into RTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-7
Chapter 18 Out of State Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-1
18.1 Motor Vehicles Brought Into State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-1
18.2 Requirement for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-1
18.3 Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-2
Assignment or Release of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-2
Undisclosed Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-3
Restricted Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-3
Current Registration Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-4
Validated Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-4
Registration Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-4
Registration Receipt from a Nontitle State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-4
Joint Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-4
Estates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-4
18.4 Electronic Lien and Title (ELT) System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-4
18.5 VIN Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-5
Out-of-state Identification Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-5
Motor Number of 1955 and Prior Models . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-5
Serial Number of 1956 and Later Models . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-6
One or Two Character Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-6
Information Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-6
License Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-6
Inspection Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-6
Texas Vehicle Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-7
Vehicles Titled but Not Located in Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-8
Military Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-8
Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-8
18.6 Vehicles Not Subject to Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-8
18.7 Vehicles from Indian Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-9
18.8 Trailers and Semitrailers Last Registered or Titled Out of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-9
18.9 Apprehended Out Of State Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-10
18.10 Out of State Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-10
Registration Purposes Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-10
Out-of-state License Plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-10
Salvage Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-11
Mixed component Parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-11
Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-11
Title Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-11
18.11 Certificate of Title Information for Each State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-11
Chapter 19 Imported Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-1
19.1 Motor Vehicles Brought Into State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19.2 Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Reference Guides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vehicle Registration and Title Canceled Upon Export . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Manufacturer's Certificate of Origin (MCO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Foreign Bills of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfers to the Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Notation D.B.A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Salvage Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Document Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-4
19.3 Additional Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-4
19.4 Proof of Compliance with USDOT Safety Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-4
USDOT Form HS-7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-5
Automated Broker Interface (ABI) system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-5
USDOT Safety Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-5
Vehicles Imported Under Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-5
Vehicle Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-6
USDOT Form HS-7 Problems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-6
Proof of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-6
Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-6
Vehicles assembled in Mexico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-7
19.5 United States Customs Entry/Clearance Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-8
19.6 Registration Purposes Only (RPO) for Foreign Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-8
Additional required documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19-9
19.7 Tax Collectors Hearing or Bonded Title for Foreign Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-9
19.8 List of Manufacturers to Notify For Proof of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-9
Chapter 20 Military . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-1
20.1 Persons on Active Duty in Armed Forces of United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Additional Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20.2 Entry of Motor Vehicles into the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Foreign Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Post Exchanges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20.3 Deployed Military Protections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20-1
20-2
20-2
20-3
20-3
20-3
20-4
Chapter 21 Theft and Fraudulent Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-1
21.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-1
21.2 Record of Stolen or Concealed Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-1
Law Enforcement Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-2
Titles Marked Stolen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-2
Total Loss Claims on Stolen Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-3
Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21-3
Application Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21-3
Vehicle Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21-3
Recovered Stolen Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21-3
21.3 Placement of Serial Number With Intent to Change Identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-3
21.4 Rightful Owner/Right of Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-4
21.5 Justice of the Peace Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-4
21.6 Sale or Offer Without Title Receipt or Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-5
21.7 Application for Title for Stolen or Concealed Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-5
21.8 Alteration of Certificate or Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-5
21.9 False Name, False Information and Forgery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-5
21.10 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-5
21.11 Seizure of Stolen Vehicle or Vehicle With Altered Vehicle Identification Number . . . . . . . . . . . . . . . . . . . . . . . 21-6
Chapter 22 Abandoned Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1
22.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Abandoned Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Junked Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22.2 Taking Custody of Abandoned Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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22.4
22.5
22.6
22.7
22.8
22.9
Towed Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-5
Garage Charges and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-5
Auction or Use of Abandoned Items; Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-6
Auction Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-7
Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22-8
Garagekeeper’s Duties: Abandoned Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-9
Garagekeeper’s Fees and Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-10
Unauthorized Storage Fee; Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-11
Disposal of Vehicle Abandoned in Storage Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-11
Disposal to Demolisher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-12
Additional Disposal Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22-13
Nonrepairable Vehicle Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22-13
Contents of Application; Application Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-14
Department to Provide Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-14
Authority to Dispose of Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-14
Demolisher’s Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-15
Vehicles Abandoned in Coastal Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-15
Public Nuisance Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-16
Authority to Abate Nuisance; Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-17
Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-17
Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-18
Alternative Procedure for Administrative Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-19
Inapplicability of Subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-19
Junked Vehicle Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-19
Miscellaneous: Statutes, Uses, Offense, Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-20
Conflict of Laws; Effect on Other Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-20
Law Enforcement Agency Use of Certain Abandoned Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-20
Rules and Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-20
Demolisher’s Records; Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-21
Municipal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-21
Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-21
Chapter 23 Foreclosure of Miscellaneous Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-1
23.1 Mechanics’ Lien Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-1
General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-1
Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-1
Mechanics' Liens Occurring Out-of-State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-2
Renewal Recipient Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-2
Storage Fees Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-2
Procedure One . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-2
Foreclosure Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-2
Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-3
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-3
Procedure Two . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-3
Foreclosure Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-3
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-3
Requirements Applicable to all Mechanic Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-4
Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-4
Notifications to the Owner(s) and any Lienholder(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-4
Evidence Required to Support an Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-5
Verification of Title and Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-5
Proof of Notifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-5
Proof of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-5
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23.3
23.4
23.5
Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-6
Serial Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-6
Out of State Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-6
Public Auctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-6
Financial Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-6
Mechanics Filing to Junk a Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-6
Storage Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-7
Storage Lien Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-7
First Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-7
Second Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-7
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-7
Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-8
Notifications to the Owner(s) and Lien Holder(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-8
Evidence Required to Support an Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-8
Verification of Title and Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-8
Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-9
City Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-9
Release of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-9
Serial Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-9
Out-of-state Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-9
Storage Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-10
Public Auctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-10
Storage Lien for Licensed Vehicle Storage Facility (VSF) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-10
VSF Storage Lien: After September 1, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-11
Notifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-11
First Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-11
Second Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-12
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-12
Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-12
Evidence Required to Support the Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-12
VSF Storage Lien: Prior to September 1, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-13
Notifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-13
First Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-14
Second Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-14
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-14
Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-14
Evidence Required to Support the Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-15
Landlord's Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-16
Exempt Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-17
Seizure of Property Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-17
Notice of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-17
Sale Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-17
Transfer of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-17
Self-service Storage Facility Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-18
First Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-18
Second Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-18
Contents and Delivery of Notice of Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-18
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-19
Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-19
Notifications to the Owner(s) and Lienholder(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-19
Title Evidence Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-20
Proof of Notifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-21
Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-21
Serial Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-21
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Out-of-state Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-21
Self Service Storage Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-21
Service Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-21
23.6 Deployed Military Protections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-21
23.7 Statutory Foreclosure Procedures Charts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-22
Abandoned Nuisance Vehicles Disposal Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-23
Storage Lien Chart Property Code, Chapter 70 on and after September 1, 2001 . . . . . . . . . . . . . . . . . . . . . . . 23-25
Storage Lien Chart Property Code, Chapter 70 Prior to September 1, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-28
Landlord Lien Chart Property Code, Chapter 54 Effective on September 1, 1999 . . . . . . . . . . . . . . . . . . . . . . 23-30
Franchised Dealer Mechanic Lien Chart Property Code, Chapter 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-32
Mechanic Lien Chart Property Code, Chapter 70 Effective Prior to September 1, 1999 . . . . . . . . . . . . . . . . . 23-35
Mechanic Lien Chart Property Code, Chapter 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-37
Self-service Storage Chart Property Code, Chapter 59 & Chapter 70 Effective on or after Sept 1, 1999 . . . . 23-38
Self-service Storage Chart Property Code, Chapter 59 Effective Prior to September 1, 1999 . . . . . . . . . . . . . 23-41
Licensed Vehicle Storage Facility Chart, Vehicle Storage Facility Act, Effective Since Sept 1, 2005 . . . . . . 23-44
Licensed Vehicle Storage Facility Chart, Vehicle Storage Facility Act, Effective prior to Sept 1, 2005 . . . . . 23-48
Chapter 24 Certified Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-1
24.1 Lost or Destroyed Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-1
24.2 Certified Copy of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-2
Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-2
Verification of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-3
Multiple CCO Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-3
24.3 Certified Copy of Duplicate Original Title (CCDO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-4
24.4 Safety Responsibility Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-4
24.5 Owner Verification Procedures/Acceptable Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-4
Acceptable Form of Current Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-4
Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-5
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-5
Applying on Behalf of an Entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-6
24.6 Title Records Recording a Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-6
Multiple Lienholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-6
Missing Lienholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-7
Certified Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-7
Deceased Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-7
24.7 Verifiable Proof for Lienholders Applying for Certified Copies of Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-7
Lost Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-7
Agents of the Recorded Lienholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-8
Agents Letter of Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-8
Transfers of Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-8
Power of Attorney Applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-9
24.8 Business Owner(s) of Record/Verified Agent of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-9
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-10
24.9 Vehicles Titled in the Name of a Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-10
Individual Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-10
Business Trustees for Individual Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-10
24.10 Retention of Documentation Returned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-11
24.11 Certified Copy of Title Denial Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-11
24.12 Title Transfers Involving Fraudulent/Questionable Certified Copies of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-11
VIN Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-11
Questionable Certified Copies of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-12
DPS SIS Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24-12
Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24-13
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Stolen Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24-13
24.13 CCO Requests for Electronic Lien Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-13
A Paper Release of Lien is Not Acceptable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-13
Prior ELT Records Released to a Third Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-13
Chapter 25 Motor Vehicle Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-1
25.1 Definitions and General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-1
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-1
Licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-2
Licensing Inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-2
Vehicle Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-3
Title Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-3
Non-franchised (NF) Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-4
Franchised Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-4
25.2 Duty of Vehicle Dealer on Sale of Certain Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-4
25.3 Requirement for Motor Vehicle Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-6
Motor Vehicle Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-6
Sales Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-6
Proof of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-7
County of Title Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-7
Identification Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-7
25.4 Dealer’s Reassignment of Title for a Motor Vehicle (Form VTR-41-A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-7
Vehicles Sold for Export Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-9
25.5 Export Only Requirements and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-9
25.6 Processing Title Transactions Involving Dealer Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-10
Evidence of Ownership Not Available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-10
Payment of Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-11
Waiver of Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-11
Bankruptcy or Closure and Withheld Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-11
Texas Title – Expired Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25-11
Texas Title – Current Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25-11
No Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25-11
Chapter 26 Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-1
26.1
26.2
26.3
26.4
26.5
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of Subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Register of Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Register of Used Motor Vehicle Sales and Purchases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Replacement of Cylinder Block . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Record of Replaced Cylinder Block . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26.6 Maintenance of Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26.7 Criminal Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26.8 Export-Only Salvage Comparison Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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26-1
26-1
26-1
26-2
26-2
26-2
26-2
26-3
26-3
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LIST OF TABLES
Table 2-1
Mailing Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7
Table 3-1
Hostile Fire Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
Table 3-2
Title Fee Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
Table 6-1
Remarks/Brands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-26
Table 10-1
Minimum Carrying Capacity for Trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-7
Table 11-1
Application for Title Signed By A Trustee And Authority Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-5
Table 11-2
Forms not Requiring Notarization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-14
Table 18-1
Title Information for Each State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-11
Table 19-1
List of Manufacturers to Notify For Proof of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-9
Table 23-1
Mechanic Lien Procedural Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-1
Table 23-2
Abandoned Nuisance Vehicles Disposal Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-23
Table 23-3
Consent Private Property on and after September 1, 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-25
Table 23-4
Consent Private Property Prior to September 1, 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-28
Table 23-5
Landlord Lien Chart Property Code, Chapter 54 Effective on September 1, 1999 . . . . . . . . . . . . . . . . . . . . . 23-30
Table 23-6
Mechanic Lien Chart Property Code, Chapter 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-32
Table 23-7
Mechanic Lien Chart Property Code, Chapter 70 Effective Prior to Sept 1, 1999 . . . . . . . . . . . . . . . . . . . . . 23-35
Table 23-8
Mechanic Lien Chart Property Code, Chapter 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-37
Table 23-9
Self-service Storage Chart Property Code, Chapter 59 and Chapter 70 Effective after September 1, 1999 . . 23-38
Table 23-10
Self-service Storage Chart Property Code, Chapter 59 and Chapter 70 prior to September 1, 1999 . . . . . . . 23-41
Table 23-11
Disposal of Vehicles Towed on and after September 1, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-44
Table 23-12
Procedures for Disposal of Vehicles Towed Prior to Sept. 1, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-48
Table 24-1
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-3
Table 25-1
Export Only Requirements and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-9
Table 26-1
Export-only Motor Vehicle Sales: Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-3
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Chapter 1
GENERAL PROVISIONS
This chapter contains the following sections:
• 1.1 Short Title
• 1.2 Purpose
• 1.3 Applicability
• 1.4 Conflicts with Business & Commerce Code Section
1.1
Short Title
Transportation Code Section 501.001
This chapter may be cited as the Certificate of Title Act.
The Certificate of Title Act was enacted in 1939 by the 46th Texas Legislature and created
a public policy for titling of motor vehicles in Texas.
On May 3, 1941, the 47th Texas Legislature amended the Certificate of Title Act to
change the state agency responsible for titling motor vehicles from the Texas Department
of Public Safety to what was then called the Texas Highway Department. Later the
department became the Texas Department of Transportation. Now the Texas Department
of Motor Vehicles provides these services.
Effective Dates:
•
•
•
•
•
•
•
•
1.2
Motor Vehicles - October 1, 1939
House Trailers - July 1, 1947
Trailers and Semitrailers - August 11, 1959
Camper Trailers - September 1, 1967
Off-Highway Motorcycles - September 1, 1975
Mopeds - September 1, 1983
ATVs - September 1, 1985
Recreational Off-Highway Vehicles - September 1, 2009
Purpose
Transportation Code Section 501.003
This chapter shall be liberally construed to lessen and prevent:
(1) the theft of motor vehicles;
(2) the importation into this state of and traffic in motor vehicles that are stolen;
and
(3) the sale of an encumbered motor vehicle without the enforced disclosure to
the purchaser of a lien secured by the vehicle.
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Applicability
1.3
Applicability
Transportation Code Section 501.004
(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) This chapter does not apply to:
(1) a trailer or semitrailer 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
(4) a new motor vehicle on loan to a political subdivision of the state for use only
in a driver education course approved by the Central Education Agency.
See Chapter 5, “Certificate of Title Requirements”, for more information.
1.4
Conflicts with Business & Commerce Code Section
Transportation Code Section 501.005
Chapters 1-9, Business & Commerce Code, control over a conflicting provision of this
chapter.
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Chapter 2
ADMINISTRATION
This chapter contains the following:
• 2.1 Department Administration
• 2.2 County Administration
• 2.3 Rejection Requests
• 2.4 Title Transaction Assembly Procedures
• 2.5 Title Package Retention
2.1
Department Administration
Rules; Forms
Transportation Code Section 501.0041
(a) The department may adopt rules to administer this chapter.
(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.
Processing Of Application; Rules
This section delegates authority to the department to adopt administrative rules and
regulations necessary to administer the Certificate of Title Act. The majority of
regulations governing the titling of motor vehicles are found in this Act and you may find
the adopted rules in the Texas Administrative Code, Title 43, Chapter 217.
There are many forms shown in this manual that are prescribed (approved) but not
required by the department. The information and signatures requested on the forms
provide guidelines of what is legally required for different situations.
Customer Inquiries
The Texas Department of Motor Vehicles (TxDMV) maintains a telephone information
center to provide title and registration service support. The Call Center's telephone number
is (512) 465-3000 or toll-free 1-888-368-4689. Send written correspondence to TxDMV VTR, 4000 Jackson Ave, Austin, Texas 78731 or by internet at www.txdmv.gov/. In
addition, there are TxDMV Regional Service Centers located in various counties
throughout the state to provide support and assistance to the local County Tax
Assessor-Collectors, law enforcement agencies, and the general public.
Release of Information
The release of information contained in VTR's motor vehicle records is restricted by the
Texas Motor Vehicle Records Disclosure Act (Transportation Code, Chapter 730), and the
federal Driver's Privacy Protection Act 18 U.S.C. 2721-2725).
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County Administration
VTR provides non-personal information, such as vehicle specific information including
year, make, model, weight, and the registration or title/document numbers and status,
without restriction in response to an inquiry by vehicle identification number (VIN).
VTR cannot disclose personal information (names and addresses) within the department's
motor vehicle records unless a person requesting the information submits a written request
(Request for Texas Motor Vehicle Information, Form VTR-275 with a revision date of
09/2011 or later) and certifies:
• they are a subject of the record;
• they have written authorization from a subject of the record; or
• the intended use is for one of the permitted uses defined by law.
VTR cannot disclose motor vehicle record information in response to a telephone inquiry
by license plate number. The only exception to this law is a subpoena or court order that
orders VTR to provide a title history or copies of the vehicle's documents. On receipt of a
subpoena or court order, VTR must provide the requested information and a Form
VTR-275, is not required.
Note: NMVTIS records are for Department Use Only and may not be provided
outside of the TxDMV. Individuals needing to obtain NMVTIS records may
do so at http://www.txdmv.gov/titlecheck.
Requests from Incarcerated Individuals
VTR may also deny requests for motor vehicle record information from individuals who
are incarcerated (imprisoned or confined in a correctional facility) pursuant to
Government Code, §552.028. (Refer to the TxDMV Motor Vehicle Registration Manual.)
Vehicle Record (History)
VTR images and maintains a record of all evidence submitted in support of an application
for Texas title for a period of ten years. If there is a question as to the legality of a transfer
of a motor vehicle, the transaction documents may be used to determine if the transfer was
fraudulent. A court of competent jurisdiction must make this determination.
VTR only provides copies of any documents contained in a vehicle record to persons who
complete a Request for Texas Motor Vehicle Information, Form VTR-275 with a revision
date of 5/2005 or later. (Refer to the Release of Information section above.)
2.2
County Administration
Duty of and Responsibilities of County Assessor-Collector
Transportation Code Section 520.005
(a) Each county assessor-collector shall comply with Chapter 501.
(b) An assessor-collector who fails or refuses to comply with Chapter 501 is liable on
the assessor-collector's official bond for resulting damages suffered by any
person.
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Rejection Requests
(c) Notwithstanding the requirements of Section 520.0071, the assessor-collector may
license franchised and non-franchised motor vehicle dealers to title and register
motor vehicles in accordance with rules adopted under Section 520.004. The
county assessor-collector may pay a fee to a motor vehicle dealer independent of
or as part of the portion of the fees that would be collected by the county for each
title and registration receipt issued.
(d) Each county assessor-collector shall process a registration renewal through an
online system designated by the department.
The County Tax Assessor-Collectors and their deputies may not accept an application for
title unless the evidence of ownership and supporting documents are in proper order and
comply with the provisions of the Certificate of Title Act.
Violation by County Assessor-Collector; Penalty
Transportation Code Section 502.480
(a) A county assessor-collector commits an offense if the county assessor-collector
knowingly accepts an application for the registration of a motor vehicle that:
(1) has had the original motor number or vehicle identification number removed,
erased, or destroyed; and
(2) does not bear a motor number or vehicle identification number assigned by
the department.
(b) An offense under this section is a misdemeanor punishable by a fine of not less
than $10 and not more than $50.
2.3
Rejection Requests
Effective March 2014, all county rejection requests must be submitted electronically
through the county’s local TxDMV Regional Service Center. Rejection requests via
making a photocopy of the Form VTR-500-RTS, writing “REJECTION” on it, and
submitting it in the Rejection Specially Marked Envelope has been eliminated.
The rejection request must only include the Vehicle Identification Number, Document
Number, the reason for rejection, and whether or not the paperwork is still in the county’s
office. Do not include any additional information such as the license plate number or
scanned copies of the receipt.
2.4
Title Transaction Assembly Procedures
This section contains County Tax Assessor-Collector office title transaction assembly
procedures.
Assembly
Documents should be assembled in the following order for each title transaction and
securely staple together one inch from the top left corner:
1. Title Application Receipt, VTR-500-RTS
2.
Application for Texas Title, Form 130-U and, when applicable, followed by
Application for Title Only, Form VTR-131.
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Title Transaction Assembly Procedures
3.
Supporting Evidence of Ownership:
•
•
•
•
•
•
•
•
•
•
Manufacturer’s Certificate of Origin (MCO);
Texas Certificate of Title, Form 30-C;
Texas Certified Copy of Title, Form 30-CCO;
Negotiable out-of-state title;
Out-of-state/country registration receipt;
Foreign evidence of ownership;
Valid court order (county level or higher);
County Tax Assessor-Collector’s Ruling;
Original surety bond* or Certificate of Title Surety Bond, Form VTR-130-SB
(and if applicable) a Surety Bond Rider and a Power of Attorney;
Form 97, United States Government Certificate to Obtain Title to a Vehicle.
Note: Surety Bonds must be filed at the county within 30 days from the effective
date of the bond.
4.
Other Supporting Evidence:
•
5.
Tax Collector’s Receipt for Texas Title Application /Registration/Motor Vehicle
Sales Tax, Form VTR 31-RTS;
• Dealer’s Reassignment of Title for a Motor Vehicle, Form VTR 41-A;
• Power of Attorney to Transfer Motor Vehicle, Form VTR-271;
• Power of Attorney for Transfer of Ownership to a Motor Vehicle, Form
VTR-271-A;
• Bill of Sale;
• Application for Farm Trailer/Semitrailer, Farm Truck, or Farm Truck Tractor
License Plates, Form VTR-52-A;
• The TxDMV Regional Service Center’s “Rejection” letter establishing the amount
of the bond;
• Tax Collector Hearing / Bonded Title Application, Form VTR-130-SOF;
• Documents used to establish the bond amount (i.e., photocopies or printouts of the
applicable reference pages or the original appraisal of the vehicle).
• For persons claiming the orthopedically handicapped exemption to the motor
vehicle sales tax, Texas Motor Vehicle Orthopedically Handicapped Exemption
Certificate, Form 14-318.
Out-of-state Vehicles:
•
•
•
•
Vehicle Identification Number Self -Certification, Form VTR-272-B;
Identification Certificate (Out-of-state Vehicles), Form VI-30;
Request for Pencil Tracing of Vehicle Identification Number (VIN), Form
VTR-301; or
Statement of Physical Inspection, Form VTR-270.
Note: The above is not intended as an all inclusive list of supporting evidence.
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Title Transaction Assembly Procedures
Bundle Order
See Figure 2-1 for an example of how to bundle documents for delivery to VTR.
1. Top of Bundle: Specially Marked Envelopes (place original transactions inside the
envelope)
2.
Middle of Bundle: Title Package Report(s)
3.
Bottom of Bundle: Transactions and Supporting Documentation
Figure 2-1
Title Package Report Assembly Procedures
Bundle Notes
•
•
•
•
•
•
•
ALL work in a bundle MUST BE from the same date.
LIMIT Bundles to a size NO LARGER THAN SIX INCHES IN HEIGHT.
SECURE BUNDLES with rubber bands.
DO NOT SPLIT OR SEPARATE workstations from their Title Package Report.
DO NOT STAPLE the Title Package Report to transactions or envelopes.
DO NOT SUBMIT Non-Title Vehicle Receipts, Vehicle Transfer Notifications
Additional Collections Receipts, Funds Remittance Reports, Funds Summary Reports,
Hot Check Redemptions or Voided Transactions.
Place SPECIALLY MARKED ENVELOPES on top of the Title Package Report(s)
for each bundle.
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Title Transaction Assembly Procedures
Consolidating Multiple Workstations
•
•
•
•
STAPLE the respective Title Package Reports together (RTS POS 5911).
DO NOT STAPLE the Title Package Report to transactions or envelopes.
Workstation bundles SHOULD CONTAIN ALL the transactions listed in the Title
Package Reports.
TRANSACTIONS REQUIRING ADDITIONAL PROCESSING SHOULD BE
sorted by type and placed within the appropriate Specially Marked Envelope. These
envelopes should be placed on top of the Title Package Report(s).
Figure 2-2
Consolidating Multiple Workstations
Specially Marked Envelopes: Examples of Transaction Types
(Transactions that require additional processing within VTR)
The following transaction types should be submitted in 8 ½” x 11” Specially Marked
Envelopes or under a colored cover sheet.
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Title Package Retention
NMVTIS Envelope
• Any transaction that has a NMVTIS error that a county is unable to resolve by
processing the correction through the RTS “Correct Title Rejection” event.
• Any transaction with a BRAND HOLD, after the transaction has been corrected to
apply the brand.
Apportioned RPO Envelope
• All Registration Purposes Only Apportioned transactions.
Red Flag Envelope
• Suspicious documentation that suggests possible fraud or odometer tampering.
Special Handling Envelope (similar transactions should be labeled and
grouped together within this envelope)
• Transactions that have any type of “Legal Restraint” on the record.
• Transactions involving “Switched Ownership Evidence”.
• Transactions involving ASE Safety Inspection and Application for Custom Vehicle
or Street Rod License Plates, Form VTR-852.
Specialty Plates Envelope
• Qualifying Specialty License Plate applications such as: Exempt Vehicle, Military,
Organizational Membership or Veteran without the accompanying title
transaction (the actual title transaction should stay within the bundles).
Mailing Instructions
Table 2-1
Mailing Instructions
Transaction
2.5
Address
Mail Assembled Title Package Reports
To:
(Do not include checks)
Vehicle Titles and Registration Division
Texas Department of Motor Vehicles
PO Box 26420
Austin, TX 78755-0420
Mail Overnight/Courier Services To:
(Do not include checks)
Vehicle Titles and Registration Division
Attn: TCS
4000 Jackson Avenue, Building 1
Austin, TX 78731
Mail All Negotiable Checks and
Currencies To:
TxDMV Finance Division
PO Box 5020
Austin, TX 78763-5020
Title Package Retention
All Title Packages must be retained at the county for a minimum of three business days
from the processing date before being mailed to the department. For example, all
transactions processed on Monday should be mailed no earlier than Thursday. A county’s
business practices may require longer retention; however, the department requires a
minimum of three business days. Additionally, Title Packages should not be retained at a
county for more than two weeks (14 calendar days) from the date of processing.
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Chapter 3
FEES
This chapter contains the following sections:
• 3.1 Collection and Disposition of Title Application Fees
• 3.2 Certain Military Personnel Exempt From Title Fees
• 3.3 Delinquent Transfer Penalty
• 3.4 Allocation of Transfer Fees
• 3.5 Nonrepairable or Salvage Vehicle Title Application Fees
• 3.6 Rebuilt Salvage Fees
• 3.7 Title Fee Chart
3.1
Collection and Disposition of Title Application Fees
Transportation Code Section 501.138
(a) An applicant for a title, other than the state or a political subdivision of the
state, must pay a fee of:
(1) $33 if the applicant’s residence is a county located within a nonattainment
area as defined under Section 107(d) of the federal Clean Air Act (42 U.S.C.
Section 7407), as amended, or is an affected county, as defined by Section
386.001, Health and Safety Code; or
(2) $28 if the applicant’s residence is any other county.
(b) The fees shall be distributed as follows:
(1) $5 of the fee to the county treasurer for deposit in the officers' salary fund;
(2) $8 of the fee to the department:
(A) together with the application within the time prescribed by Section
501.023; or
(B) if the fee is deposited in an interest-bearing account or certificate in the
county depository or invested in an investment authorized by Subchapter
A, Chapter 2256, Government Code, not later than the 35th day after the
date on which the fee is received; and
(3) the following amount to the comptroller at the time and in the manner
prescribed by the comptroller:
(A) $20 of the fee if the applicant’s residence is a county located within a
nonattainment area as defined under Section 107(d) of the federal Clean
Air Act (42 U.S.C. Section 7407), as amended, or is an affected county, as
defined by Section 386.001, Health and Safety Code; or
(B) $15 of the fee if the applicant’s residence is any other county.
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Collection and Disposition of Title Application Fees
(b-1) Fees collected under Subsection (b) to be sent to the comptroller shall be deposited
to the credit of the Texas Mobility Fund, except that $5 of each fee imposed under
Subsection (a)(1) and deposited on or after September 1, 2008, and before September 1,
2015, shall be deposited to the credit of the Texas emissions reduction plan fund.
(b-2)[Expires August 30, 2019] The comptroller shall establish a record of the amount of
the fees deposited to the credit of the Texas Mobility Fund under Subsection (b-1). On or
before the fifth workday of each month, the Texas Department of Transportation shall
remit to the comptroller for deposit to the credit of the Texas emissions reduction plan
fund an amount of money equal to the amount of the fees deposited by the comptroller to
the credit of the Texas Mobility Fund under Subsection (b-1) in the preceding month. The
Texas Department of Transportation shall use for remittance to the comptroller as
required by this subsection money in the state highway fund that is not required to be used
for a purpose specified by Section 7-a, Article VIII, Texas Constitution, and may not use
for that remittance money received by this state under the congestion mitigation and air
quality improvement program established under 23 U.S.C. Section 149.
(c) [Expires August 31, 2019] This subsection and Subsection (b-2) expire August 31,
2019.
(d) Of the amount received under Subsection (b)(2), the department shall deposit:
(1) $5 in the general revenue fund; and
(2) $3 to the credit of the Texas Department of Motor Vehicles fund to recover the
expenses necessary to administer this chapter.
(e) The county owns all interest earned on fees deposited or invested under Subsection
(b)(2)(B). The county treasurer shall credit that interest to the county general
fund.
Transportation Code Section 501.139
A county assessor-collector that transfers money to the department under this chapter
shall transfer the money electronically.
The County Tax Assessor-Collector must report the department’s share of title fees,
together with all applications for title that are filed, within 24 hours after receipt.
However, the County Tax Assessor-Collector may defer remittance of the fees for no
more than 34 days provided the fees are deposited in an interest bearing account or
certificate in the county depository or any investment authorized under the Public Funds
Investment Act (Government Code, Chapter 2256). All interest earned under these
conditions belongs to the county. If interest is earned on State funds deposited outside the
county depository, or if interest is earned on State funds covering periods in excess of the
34 days, the interest belongs to the department.
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Certain Military Personnel Exempt From Title Fees
3.2
Certain Military Personnel Exempt From Title Fees
Texas Government Code, Section 431.039, exempts military personnel who are being
deployed to serve in a hostile fire zone from payment of the $28/$33 title application fee.
(Refer to Table 3-1.) The exemption from payment applies only to title application
transactions in which the service member is an applicant and is subject to payment of a
title application fee. To receive the exemption, the person must be a member of the:
• United States Armed Forces on active duty in a hostile fire zone (See Table 3-1).
• National Guard on federal active duty in a hostile fire zone
An applicant must present a copy of their military orders as proof of being deployed to
serve in a hostile fire zone (refer to the Military Orders Example). Counties must review
the military orders to determine the deployment location. The “Purpose” area on most
military orders provides the purpose of the orders, such as “Mobilization for Operation
Iraqi Freedom”. In some cases, the “Report” to area only provides where the member is to
go for deployment preparation and not necessarily where they are being deployed.
If the applicant is eligible, the county tax office must write “Military/Exempt” to the right
of the application fee area in Box 21 of the Form 130-U to indicate the applicant was
exempted from payment.
Hostile Fire Zones as Designated by the Secretary of Defense
Table 3-1
Hostile Fire Zones
Country/Area
Afghanistan
Algeria
Arabian Peninsula
Azerbaijan
Bahrain
Burundi
Chad
Colombia
Congo, Dem Rep of
Cote D’Ivoire
Cuba - Guantanamo Bay Detention
Facilities only
Djibouti
East Timor
Egypt
Eritrea
Kyrgyzstan
Lebanon
Liberia
Libya
Malaysia
Montenegro
Oman
Pakistan
Philippines
Qatar
Rwanda
Ethiopia
Greece - Athens area
Haiti
Indonesia
Iran
Iraq
Israel
Jordan
Kenya
Kosovo
Kuwait
Sudan
Syria
Tajikistan
Tunisia
Turkey
Uganda
United Arab Emirates
Uzbekistan
Yemen
Yugoslavia
Saudi Arabia
Serbia (includes province of Vojvodina)
Sierra Leone
Somalia
Water Areas
Persian Gulf
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Certain Military Personnel Exempt From Title Fees
Water Areas
Red Sea
Gulf of Oman
Arabian Sea north of 10 degrees N lat.
& W of 68 degrees E long
Somalia Basin (1110N3-05115E2,
0600N6-04830E5, 0500N5-05030E8,
1130N5-05334E5; 0500N5-05030E8,
0100N1-04700E1, 0300S3-04300E7,
0100S1-04100E5, 0600N6-04830E5)
Mediterranean
26° 00’ E longitude, extending north to 34° 35’ N
latitude, extending west to the East Coast of
Tunisia
Source: Department of Defense Press Operations, August 2011
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Certain Military Personnel Exempt From Title Fees
Military Orders Example
NATIONAL GUARD DEPLOYMENT ORDERS (FEDERAL ACTIVE DUTY)
TEXAS MILITARY FORCES
Army National Guard
Post Office Box 5218
Austin, Texas 78763-5218
ORDERS 220-286
08 August 2007
DOE, JOHN A.
000-00-0000
1LTE BRIGADE TEAM 1
(8BBM3-960) PO BOX 5218
AUSTIN TX
78763
You are ordered to active duty as a member of your Reserve Component Unit for
the period indicated unless sooner released or unless extended. Proceed from
your current location in sufficient time to report by the date specified.
You enter active duty upon reporting to unit home station.
REPORT TO HOME STATION: 20 September 2007, W8BB BDE TNG TM 3 TXARNG EL
JF(W8BBM3),2200 W. 35TH ST., AUSTIN,TX 78703
REPORT TO MOB STATION: 23 September 2007, Ft Riley, KS
Purpose: OPERATION ENDURING FREEDOM OEF)
Mobilization Category Code: G
Additional instructions:
(a) "Pursuant to Presidential Executive Order 13223, DTD 14 SEP 01, you are
relieved from your present reserve component status and are ordered to
report for a period of active duty not to exceed 25 days for mobilization
type of
Deployment
processing. ProceedStates
from your
present
location in sufficient time to
OEF= Afghanistan
OIFreporting
= Iraq
report by the date specified.
If upon
for active duty you fail
to meet deployment medical standards (whether because of a temporary
(b) or permanent medical condition, then you may be releasedNormally
from active
has duty,
returned to your prior Reserve status, and returned to your
home address,
this also
subject to a subsequent order to active duty upon resolution of the
disqualifying medical condition. If, upon reporting for active duty, you
are found to satisfy medical deployment standards, then you are further
ordered to active duty for a period not to exceed 400 days, such period
(c) to include the period (not to exceed 25 days) required for mobilization
processing."
The mobilization period may be shortened or extended depending on mission
requirements.
(d) You are ordered to active duty with the consent of the Governor.
Transport of personal weapon is not authorized. Commercial air authorized
for emergency returns. Unit members will travel as group. Excess baggage is
authorized, not exceed four pieces.
(e) Travel will be paid for one time travel from home duty station to mob
station and back and includes travel and per diem from home stations/
mobilization station or duty location/and return to home station as well
as non-temp storage. Individual soldiers whose duty station is different
from mob station will receive funding for one time travel and return from
mob station to the duty station using the listed fund cites.
(f) Multiple trips such as soldiers who will visit installations across the
country conducting inspections will be funded by the MACOMS' mission funding
unless specific funding ERF, D has been provided by the army budget office
for the mission.
ORDERS 220-286 HQ TX NG, OTAG, 08 August 2007
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Certain Military Personnel Exempt From Title Fees
Additional instructions (cont):
(g) Following statement must be included on each individual mobilization
order: Family members may be eligible for TRICARE (military health care)
benefits. For details call 1-888-DoD-CARE (1-888-363-2273) or go to web
address www.tricare.osd.mil/reserve/ or email TRICARE [email protected]
Unit SM will mobilize with Organizational Clothing Issue and Equipment.
Units will be processed on active duty at their assigned mob station.
(h) Soldier will hand-carry(if available) complete MPRJ health and dental,
training and clothing records, if moving as an individual. Bring copies
of rental or mortgage agreement, marriage certificate, birth certificate,
birth certificate of natural children, or documentation of dependency or
child support. Bring copies of family care plan, wills, power of
attorney, and any other documentation affecting the soldier's pay status.
(i) The mobilization period may be shortened or extended depending on mission
requirements.
Weapons are authorized to be transported in performance of duty per
Federal Regulations.
(j) RC units and individuals: If you have questions regarding your employment
and reemployment rights, call 1-800-336-4590 (National Committee for
employer support of the Guard and Reserve) or check on line at WWW.ESGR.ORG
(k) OPERATION ENDURING FREEDOM
(l) The National Defense Authorization Act 2004 sec 703 authorizes early eligibility for health benefits. A member of the Reserve component who issued
a delayed-effective-date active-duty order, or is covered by such an order,
that is for a period of active duty of more than 30 days, in support of a
contingency operations, as defined in 10 USC(a)(13)(B), shall be eligible
along with member's dependents, for medical and dental care, on either the
(m) date of issuance of such an order, or 60 days prior to mobilization,
whichever is later.Army One Source is available to assist Soldiers and family members to
solutions in dealing with life's issues and questions during deployments.
Contact by phone at(US 1-800-464-8107 or outside the US at 1-484-530-5889)
(n) Pertaining to Permanent Order No. 1A-07-131-072
(o) HQ's 1st U.S. Army, 4705 N. WHEELER DRIVE, FOREST PARK, GA
(p) Meals and lodging will be provided at no cost to the Soldier. Claims for
reimbursement require a statement of non-availability control number.
(q) For unresolved pay issues, contact the ARNG Pay Ombudsman at toll-free
1-877-ARNGPAY or by email at [email protected]
FOR ARMY USE
Auth: TITLE 10 USC, SECTION 12302/HQDA MSG 092139ZMay07/DAMO-ODM/: ORD
TYP/MOBORD/HQDA No. 1288-07
Acct clas:
Off pay/alw: 24961.010.0000 01-1100 P1W1C00 11**/12** VFRE F3203 5570 S12120
S12120(OEF)
S12120(OEF)
HOR: 000 BRAE MOSS
, SAN ANTONIO
TX78249
DOR: 15-JUN-02
PEBD: 17-MAY-91
Security Clearance: S
ORDERS 220-286 HQ TX NG, OTAG, 08 August 2007
FOR THE ADJUTANT GENERAL:
\\\\\\\\\\\\\////////////
\\
HQ, TXARNG
//
\\
OFFICIAL
//
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Delinquent Transfer Penalty
3.3
Delinquent Transfer Penalty
Transportation Code Section 501.146
(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. If the seller holds a general distinguishing number
issued under Chapter 503 of this code or Chapter 2301, Occupations Code, the
seller is liable for the late fee in the amount of $10. If the seller does not hold a
general distinguishing number, subject to Subsection (b) the applicant's late fee
is $25.
(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.
(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
(2) antique vehicle license plates under Section 504.502.
(d) A late fee imposed under this section may not exceed $250.
Transfer Requirements
The purchaser of a vehicle (dealers exempted) must, within 30 days of the date of
assignment, file an application for transfer of title and registration with the County Tax
Assessor-Collector, if required. If the purchaser fails to apply for title within the 30 day
filing period, a delinquent transfer penalty is assessed.
Note: Active duty military personnel must file transfers within 60 days after the
date of sale or pay a delinquent transfer penalty.
The amount of the delinquent transfer penalty varies dependent on when the transaction is
filed and who is filing the transaction.
This statute makes no provisions for anyone to waive the delinquent transfer penalty when
the penalty is due.
Filing Period
Thirty days starts with the day following the date of assignment on the title. Use the date
of assignment on the title and the filing date in determining the thirty day or sixty-day
period.
Filing Date
The date an application is accepted by a County Tax Assessor-Collector’s office is the
official filing date. This date is indicated on the Title Application Receipt, Form
VTR-500-RTS, or Form VTR-31-RTS and on the application.
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Delinquent Transfer Penalty
Determining Date of Assignment
When available the date of assignment on the Certificate of Title or MCO should be used.
If unavailable, to determine the date of assignment/sale:
• Court Orders:
•
a.
Use the date on the Bill of Sale; if not available, then
b.
Use the date the court order was signed by the judge (or made effective)
Bonded Titles and Title Hearings:
a.
Use the date on the Bill of Sale; if not available, then
b.
Use the date on the TxDMV Rejection Letter or the Hearing Date
Penalty Amounts
General Public
When an application is filed on the 31st day after the date of sale or later (except military)
and is subject to delinquent transfer penalties, the penalties are:
• $25 if filed on the 31st day after the date of sale; and
• an additional $25 for each subsequent 30 day period or portion of a 30 day period.
• The penalty may not exceed $250.
Motor Vehicle Dealers
When a transaction is filed by a Texas licensed dealer on or after the 31st day after the
date of sale, the transaction is subject to a delinquent transfer penalty of $10, regardless of
how late it is filed.
Seller-Financed Sales
When a seller-financed transaction is filed on the 46th day after the date of sale or later,
the transaction is subject to a delinquent transfer penalty of $10 regardless of how late it is
filed.
Military Personnel
When an application is filed on the 61st working day after the date of sale or later it is
subject to delinquent transfer penalties as follows:
• $25 if filed on or after the 61st day after the date of sale; and
• an additional $25 penalty for each subsequent 30 day period or portion of a 30 day
period.
• The penalty may not exceed $250.
Note: Transfers prior to January 1, 2008 have a flat $10 delinquent transfer
penalty. HB 481 from the 80th Texas Legislative Session increased the penalty
from a flat $10 fee to the monthly fees, however Section 5 of that bill
“grandfathered” transfers prior to the effective date of January 1, 2008.
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Delinquent Transfer Penalty
Collection of Delinquent Transfer Penalties
Counties should collect all delinquent transfer penalties in accordance with the following
types of ownership documents (regardless of whether the vehicle is currently registered):
• Manufacturer Certificate of Origin (MCO)
• Out of State Certificate of Title
• Original Texas Certificate of Title
• Certified Copy of a Texas Certificate of Title
• Form 97, U.S. Government Certificate to Obtain Title to a Vehicle
• Government Bill of Sale
• Auction Sales Receipt
• Bonded Titles
• Court Orders
• Title Hearings
• Storage Liens
• Mechanic's Liens
• Foreign Evidence
• Heirship Form
• Military Registration
• Repossession
• Previously Registered as Exempt
Note: The delinquent transfer penalty should only be collected if a vehicle was
previously registered with Exempt license plates and is transferring to a
non-exempt license plate.
Out of State
Under the Tax Code, sales tax collection begins when the vehicle enters the state, whereas
Transportation Code, Section 501.145 requires the date of assignment to be used. The
Date of Assignment and Sales Tax Date are currently one and the same in RTS. For
out-of-state titles and out-of-state Manufacturer's Certificate of Origin (MCO) transfers,
use the first documented date in Texas to calculate the sales tax penalty. The delinquent
transfer penalty located on the Sales Tax (TTL012) screen in RTS will need to be
calculated manually.
Exceptions
The Delinquent Transfer Penalty does not apply to the following:
• Vehicles that are eligible to be issued classic/antique plates under section 504.501 and
504.502
• A motor vehicle dealer that is applying for title in the dealership name
• Vehicles owned by exempt agencies
• Vehicles transferred by Operation of Law (for example repossessions, Affidavit of
Heirship) unless a sale (public or auction) has occurred
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Delinquent Transfer Penalty
•
•
•
•
Corrected title transactions (no transfer of ownership)
Stolen vehicles being titled by insurance companies
Vehicles covered by salvage ownership documents (Texas or out-of-state),
nonrepairable title, salvage certificate, etc.
Non-titled vehicles (trailers/semitrailers, farm trailers/farm semitrailers, Permit or
Machinery plated vehicles)
Note: Vehicles owned by exempt agencies are only exempt when the vehicle is being
transferred to another exempt agency. If an exempt vehicle is being
transferred to a non-exempt purchaser, the transfer is eligible for the
delinquent transfer penalty.
Dealers
A dealer is exempt from the thirty day filing period when an application for title is filed in
the name of the dealership, provided the dealer has a current dealer number and the
number is shown in the transaction.
Transfers by Operation of Law
The person to whom a vehicle is transferred by operation of law (refer to Transfer of
Vehicle by Operation of Law) is exempt from the thirty day filing period. For example,
the person designated as purchaser on an affidavit of heirship is not subject to the penalty
nor is a lienholder who repossesses a vehicle. However, in case of repossession, if the
lienholder assigns title, the purchaser would not be exempt from the penalty (unless
assigned to a dealer possessing a current dealer number).
Applications for Corrected Title
The 30 day filing period does not apply to applications for corrected title since no transfer
is involved.
Insurance companies
The penalty does not apply when an application for title is filed by an insurance company
on a stolen vehicle provided the application is accompanied by an affidavit stating that the
vehicle was stolen and a total loss claim has been paid.
Salvage Vehicles
The penalty does not apply to the purchaser of a vehicle, which is transferred on a
salvage ownership document (Salvage Certificate, Salvage Vehicle Title,
Nonrepairable Vehicle Title or out-of-state salvage document).
Non-titled vehicles
The penalty does not apply to non-titled vehicles, including:
• Vehicles issued PERMIT or MACHINERY license plates;
• Trailers and semitrailers with a gross weight of 4,000 pounds or under; or
• Non-titled farm trailers and farm semitrailers.
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Allocation of Transfer Fees
Rejected Transactions
If a vehicle purchaser attempts to file application for title and the title transaction is
rejected by a County Tax Assessor-Collector’s office because the transaction is not in
proper order, the purchaser is liable for the delinquent transfer penalty if the 30 day period
has expired at the time the application is subsequently and correctly filed.
3.4
Allocation of Transfer Fees
Transportation Code Section 501.148
(a) The county assessor-collector may retain as commission for services provided
under this subchapter half of each late fee.
(b) The county assessor-collector shall report and remit the balance of the fees
collected to the department on Monday of each week as other fees are required to
be reported and remitted. The department shall deposit the remitted fees in the
state treasury to the credit of the Texas Department of Motor Vehicles fund.
(c) Of each late fee collected from a person who does not hold a general
distinguishing number by the department under Subsection (b), $10 may be used
only to fund a statewide public awareness campaign designed to inform and
educate the public about the provisions of this chapter.
Title and transfer penalty fees are itemized on the Title Application Receipt, Form
VTR-500-RTS, or Form VTR-31-RTS. These fees appear on appropriate reports
generated by the registration and title systems, which also denote the fee split between the
county and the department.
3.5
Nonrepairable or Salvage Vehicle Title Application Fees
Refer to the TxDMV Salvage/Nonrepairable Motor Vehicle Manual.
3.6
Rebuilt Salvage Fees
Refer to the TxDMV Salvage/Nonrepairable Motor Vehicle Manual.
3.7
Title Fee Chart
These are title fees only. Sales tax and registration fees may also apply.
Table 3-2
Title Fee Chart
Fee
Fee Amount
Title Application
$33.00 (Non-attainment county)
$28.00 (other, Attainment county)
Rebuilt Salvage
$65.00
Salvage Vehicle Title
$8.00
Nonrepairable Vehicle Title
$8.00
Certified Copy of Texas Certificate of Title
$2.00 (if mailed in)
$5.45 (in person, at Regional Service Centers)
Certified Copy of Texas Salvage Vehicle Title
$2.00 (mail in is the only option)
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Title Fee Chart
Table 3-2
Title Fee Chart
Fee
Fee Amount
Certified Copy of Texas Nonrepairable Vehicle
Title
$2.00 (mail in is the only option)
Bonded Title Application Fee
$15.00
Restitution Lien Fee
$5.00 (plus title application fee)
Foreclosure Lien Notification Fee
$25.00
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Chapter 4
DEFINITIONS
This chapter contains the following:
• 4.1 Definitions
4.1
Definitions
Transportation Code Section 501.002
In this chapter:
(1) “Certificate of title” means a printed record of title issued under Section
501.021. (See “Transportation Code Section 501.021”)
(2) “Credit card” means a card, plate, or similar device used to make a purchase
or to borrow money.
(3) Dealer” has the meaning assigned by Section 503.001.
503.001(4) states “Dealer” means a person who regularly and actively buys, sells, or
exchanges vehicles at an established and permanent location. The term includes a
franchised motor vehicle dealer, an independent motor vehicle dealer, and a wholesale
vehicle dealer.
(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.
(5) “Department” means the Texas Department of Motor Vehicles.
The name of the State Highway Department was changed to the State Department of
Highways and Public Transportation by the 64th Texas Legislature, Regular Session,
1975, and more recently changed from the State Department of Highways and Public
Transportation to the Texas Department of Transportation by the 72nd Texas Legislature,
First Called Session, 1991. The 81st Texas Legislature formed a new Texas Department of
Motor Vehicles currently responsible for vehicle titling and registration. Consequently, a
reference in law to the “department,” “Highway Department,” “State Highway
Department,” “State Department of Highways and Public Transportation,” or “Texas
Department of Transportation” may be construed as meaning the “Texas Department of
Motor Vehicles.”
(6) “Distributor” has the meaning assigned by Section 2301.002, Occupations
Code.
(7) “Electric bicycle” has the meaning assigned by Section 541.201.
(8) “First sale” means:
(A) the bargain, sale, transfer, or delivery of a motor 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
(B) the registration or titling of that vehicle.
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Definitions
(9) “House trailer” means a trailer designed for human habitation. The term
does not include manufactured housing.
(10) “Importer” means a person, other than a manufacturer, that brings a used
motor vehicle into this state for sale in this state.
(11) “Importer’s certificate” means a certificate for a used motor vehicle brought
into this state for sale in this state.
Since the title law was passed in 1939, the volume of out-of-state vehicles being brought
into this State by residents, nonresidents, new residents, members of the Armed Forces,
auto auction companies, and dealers has grown to such extent that it is almost impossible
for the tax collector to determine whether the vehicle was brought into this State for the
purpose of sale as provided by this Section. For this reason, counties should not reject an
application for Texas title supported by proper evidence of ownership for lack of an
attached importer’s certificate.
(12) “Lien” means:
(A) a lien provided for by the constitution or statute in a motor vehicle; or
(B) a security interest, as defined by Section 1.201, Business & Commerce
Code, in a motor vehicle, other than an absolute title, created by any
written security agreement, as defined by Section 9.102, Business &
Commerce Code, including a lease, conditional sales contract, deed of
trust, chattel mortgage, trust receipt, or reservation of title.
(C) a child support lien under Chapter 157, Family Code.
(13) “Manufactured housing” has the meaning assigned by Chapter 1201,
Occupations Code.
Under the Texas Manufactured Housing Standards Act, the term “manufactured housing”
includes mobile homes. Therefore, mobile homes are excluded from the provisions of the
Certificate of Title Act.
(14) “Manufacturer” has the meaning assigned by Section 503.001.
In addition to persons engaged in the business of manufacturing new motor vehicles, the
term “Manufacturer” includes persons engaged in the business of assembling vehicles for
resale using all new component parts. All manufacturers are required to furnish a
Manufacturer’s Certificate of Origin (MCO) covering the entire vehicle they assemble,
and the MCO must conform to the MCO approved by VTR except for trailer
manufacturers. Trailer manufacturers are not required to utilize an MCO printed by a
“secured” process; however, VTR recommends the “secure” MCO.
(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.“
(16) Motorcycle” has the meaning assigned by Section 521.001 or 541.201, as
applicable.
(17) Motor vehicle” means:
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TxDMV April 2014
Definitions
(A) any motor driven or propelled vehicle required to be registered under the
laws of this state;
(B) a trailer or semitrailer, other than manufactured housing, that has a
gross vehicle weight that exceeds 4,000 pounds;
(C) a travel trailer;
(D) an all-terrain vehicle or a recreational off-highway vehicle, as those
terms are defined by Section 502.001, designed by the manufacturer for
off-highway use that is not required to be registered under the laws of this
state; or
(E) a motorcycle, motor-driven cycle, or moped that is not required to be
registered under the laws of this state.
(18) “New motor vehicle” has the meaning assigned by Section 2301.002,
Occupations Code.
(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.
(20) “Purchaser” means a person or entity to which a motor vehicle is donated,
given, sold, or otherwise transferred.
(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.
(22) “Seller” means a person or entity that donates, gives, sells, or otherwise
transfers ownership of a motor vehicle.
(23) “Semitrailer” means a vehicle that is designed or used with a motor vehicle
so that part of the weight of the vehicle and its load rests on or is carried by
another vehicle.
(24) “Serial number” means a vehicle identification number that is affixed to a
part of a motor vehicle and that is:
(A) the manufacturer's permanent vehicle identification number;
(B) a derivative number of the manufacturer's permanent vehicle
identification number;
(C) the motor number; or
(D) the vehicle identification number assigned by the department.
(25) “Steal” has the meaning assigned by Section 31.01, Penal Code.
Under Section 31.01, Penal Code, “steal” means to acquire a service or property by theft.
(26) “Subsequent sale” means:
(A) the bargain, sale, transfer, or delivery of a used motor vehicle, with intent
to pass an interest in the vehicle, other than a lien; and
(B) the registration of the vehicle if registration is required under the laws of
this state.
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Definitions
(27) “Title” means a certificate or record of title that is issued under Section
501.021.
(28) “Title receipt” means a document issued under Section 501.024.
The term “title receipt” as defined above is the Tax Collector’s Receipt for Title
Application / Registration / Motor Vehicle Tax, Form VTR-500-RTS, or Form
VTR-31-RTS.
(29) “Trailer” means a vehicle that:
(A) is designed or used to carry a load wholly on the trailer’s own structure;
and
(B) is drawn or designed to be drawn by a motor vehicle.
(30) “Travel trailer” means a house trailer-type vehicle or a camper trailer:
(A) that is a recreational vehicle defined under 24 C.F.R. Section 3282.8(g);
or
(B) that:
(i) is less than eight feet in width or 40 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
(iv) is not a utility trailer, enclosed trailer, or other trailer that does not
have human habitation as its primary function.
(31) “Used motor vehicle” means a motor vehicle that has been the subject of a
first sale.
(32) “Vehicle identification number” means:
(A) the manufacturer's permanent vehicle identification number affixed by
the manufacturer to the motor vehicle that is easily accessible for
physical examination and permanently affixed on one or more removable
parts of the vehicle; or
(B) a serial number affixed to a part of a motor vehicle that is:
(i) a derivative number of the manufacturer's permanent vehicle
identification number;
(ii) the motor number; or
(iii) a vehicle identification number assigned by the department.
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Chapter 5
CERTIFICATE OF TITLE REQUIREMENTS
This chapter contains the following sections:
• 5.1 Applicability
• 5.2 History
• 5.3 Certificate of Title
• 5.4 Motor Vehicle Title Required
• 5.5 Trailers and Semitrailers
• 5.6 Farm Trailers and Farm Semitrailers
• 5.7 Issuance of Title to Government Agency
• 5.8 Federal Government Vehicles
• 5.9 Office of Foreign Missions
• 5.10 Alias Certificate of Title
• 5.11 Sale or Offer without Title Receipt or Title
5.1
Applicability
Transportation Code Section 501.004
(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) This chapter does not apply to:
(1) a trailer or semitrailer 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
(4) a new motor vehicle on loan to a political subdivision of the state for use only
in a driver education course approved by the Central Education Agency.
5.2
History
Refer to Transportation Code Section 501.002 (14) for Motor Vehicle Definition.
History
The Certificate of Title Act required motor vehicles to be titled starting October 1, 1939;
however, owners were given until January 1, 1942, to title any motor vehicle purchased
after January 1, 1936. Under the requirements of this Act, a County Tax
Assessor-Collector could not register or reregister a motor vehicle until the vehicle was
titled in the owner’s name.
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Certificate of Title
New vehicles purchased prior to January 1, 1936, could be registered by presenting a
previous year’s registration receipt showing “exempt” in the title number space. If an
owner sells one of these untitled motor vehicles, the owner must title in their name prior to
reselling. An owner of a motor vehicle that is registered at the time of title application is
required to provide valid proof of financial responsibility.
Prior to May 3, 1947, “exempt” motor vehicles owned by the State of Texas or a
subdivision were registered yearly. However, such vehicles were not required to be titled.
House Bill 273, 50th Legislature, which became effective May 3, 1947, provided that
motor vehicles owned or acquired after that date by the State of Texas or any of its
subdivisions - county, city, school district, state supported institutions, or any other
governmental agency created under Article 16, Section 59, of the Constitution of Texas –
must be titled. House Bill 273 also stipulated that all provisions of the Certificate of Title
Act apply to such vehicles except that they are “exempt” from all fees levied by the State
of Texas.
Effective Dates:
•
•
•
•
•
•
•
Motor Vehicles - October 1, 1939
Trailers and Semitrailers - August 11, 1959
Camper Trailers - September 1, 1967
Off-Highway Motorcycles - September 1, 1975
Mopeds - September 1, 1983
ATVs - September 1, 1985
Recreational Off-Highway Vehicles - September 1, 2009
Re-Registration
When a certificate of title and license receipt is presented as evidence for re-registration,
the County Tax Assessor-Collector should check the back of the title for any indication of
a possible transfer of ownership.
• If the assignment of title has been completed showing transfer of ownership to a new
owner, an application for title in the new owner's name must be filed before the
vehicle can be registered.
• If an assignment of title shows a signature of the seller and the assignment has not
been completed showing the name and address of a purchaser, the county should
request identification from the applicant to determine that he or she is the same person
whose name appears on the face of the title. If it is not the same person, counties
should not issue registration until the assignment is completed and the new owner has
filed an application for transfer of title.
5.3
Certificate of Title
Transportation Code Section 501.021
(a) A motor vehicle title issued by the department must include:
(1) the legal name and address of each purchaser and seller at the first sale or a
subsequent sale;
(2) the make of the motor vehicle;
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Motor Vehicle Title Required
(3) the body type of the vehicle;
(4) the manufacturer's permanent vehicle identification number of the vehicle or
the vehicle's motor number if the vehicle was manufactured before the date
that stamping a permanent identification number on a motor vehicle was
universally adopted;
(5) the serial number for the vehicle;
(6) the name and address of each lienholder and the date of each lien on the
vehicle, listed in the chronological order in which the lien was recorded;
(7) a statement indicating rights of survivorship under Section 501.031;
(8) if the vehicle has an odometer, the odometer reading at the time of application
for the title; and
(9) any other information required by the department.
(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.”
(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.
5.4
Motor Vehicle Title Required
Transportation Code Section 501.022
(a) The owner of a motor vehicle registered in this state:
(1) except as provided by Section 501.029, shall apply for title to the vehicle; and
(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
(B) obtains a receipt evidencing title for registration purposes only under
Section 501.029.
(b) A person may not operate a motor vehicle registered in this state on a public
highway if the person knows or has reason to believe that the owner has not
applied for a title for the vehicle.
(c) The owner of a motor vehicle that is required to be titled and registered in this
state must obtain a title to the vehicle before selling or disposing of the vehicle.
(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
cardboard tag attached to the vehicle as provided by Chapter 503.
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Trailers and Semitrailers
A vehicle title is an ownership document that should be kept in a safe place and not in the
automobile (such as the glove compartment). On or after September 1, 2001, the owner of
a vehicle may use a registration receipt issued under Transportation Code, Chapter 502 as
proof of registration (initial or renewal) or the title application receipt as evidence of title.
However, the receipt issued at the time of application for Registration Purposes Only may
be used only as proof of registration. (For further information regarding Registration
Purposes Only, refer to Chapter 6, “Application and Issuance of Motor Vehicle Title”).
A registration receipt may not be used to transfer any interest or ownership in a motor
vehicle or to establish a lien.
Retail Purchasers
The first retail purchaser must secure title in their name before transferring ownership of a
motor vehicle to a subsequent purchaser.
Non Titled Vehicles
The term “motor vehicle” does not apply to implements of husbandry, construction
machinery, mobile cranes, water well drilling units, oil well servicing units, mini trucks,
or golf carts, and therefore, these units cannot be titled.
Farm Tractors
Farm tractors owned by exempt agencies and farm tractors used as road tractors to mow
the right-of-way or used-for-hire to move commodities over the highway are required to
be registered and titled.
Distinguishing Plates
The $5.00 distinguishing license plate is issued in lieu of regular registration. Below are
listed the vehicles eligible for the distinguishing plate, and such vehicles cannot be titled
under this Act. (Refer to the TxDMV Motor Vehicle Registration Manual.)
Machinery Plates
Machinery Plates are issued to:
• Construction machinery (unconventional vehicles)
• Water well drilling units
Permit Plates
VTR issues permit plates to oversize/overweight commercial mobile cranes or vehicles
used solely for servicing, cleaning out, and/or drilling of oil wells.
5.5
Trailers and Semitrailers
Trailers and semitrailers having a gross weight (loaded) in excess of 4,000 pounds (Texas
licensed dealers excepted) must be titled. When a trailer or semitrailer is required to be
registered but not titled, the owner should retain the evidence of ownership after showing
it to the County Tax Assessor-Collector.
Evidence of ownership required
Refer to Chapter 14, Section 14.8 Trailer/Semitrailer.
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Farm Trailers and Farm Semitrailers
Out of State
Trailers and semitrailers last registered or titled out-of- state - refer to Chapter 18, “Out of
State Requirements”.
Details and Clarifications
Some details of clarification regarding trailers and semitrailers are:
• Jeep axles and converter axles are axle assemblies that are used in conjunction with
truck tractor and semitrailer combinations for the purpose of increasing the overall
carrying capacity of the combination. These axle assemblies are not titled. (Refer to
the TxDMV Motor Vehicle Registration Manual.)
• House moving dollies are registered with “token trailer” plates and titled as
semitrailers; however, only one dolly in a combination is required to be registered and
titled.
• “Twin Twenties” are two separate semitrailers which, at times, may be buckled
together to form one semitrailer. Owners must register and title each unit separately.
• “Double Bottom” is a term applied to a combination of two trailers (one semitrailer
and one full trailer) pulled by one power unit. The rear most trailer is usually a
semitrailer that has been converted to a full trailer by means of a “Trailer Axle
Converter.” Owners must register and title each of the trailers. (Refer to the TxDMV
Motor Vehicle Registration Manual).
5.6
Farm Trailers and Farm Semitrailers
Farm trailers and farm semitrailers are considered trailers or semitrailers:
• Designed and used primarily as a farm vehicle
• With a gross weight of 34,000 pounds or less.
Farm trailers and farm semitrailers are exempt from the Certificate of Title Act.
Regardless of the evidence of ownership presented, the owner should retain that evidence.
Title Requirements
Refer to Chapter 14, Section 14.10 Farm Trailer/Farm Semitrailer for detailed Farm
Trailer and Farm Semitrailer information.
5.7
Issuance of Title to Government Agency
Transportation Code Section 501.034
The department may issue a title to a government agency if a vehicle or part of a vehicle
is:
(1) forfeited to the government agency;
(2) delivered by court order under the Code of Criminal Procedure to a
government agency for official purposes; or
(3) sold as abandoned or unclaimed property under the Code of Criminal
Procedure.
For further information, refer to Chapter 16, “Operation of Law”.
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Issuance of Title to Government Agency
State Government Vehicles
Motor vehicles owned or acquired by the State of Texas or any of its subdivisions county, city, school district, state supported institutions, or any other governmental agency
are required to be titled. All provisions of the Certificate of Title Act apply except these
vehicles are “exempt” from all fees levied by the State of Texas.
Exempt license plates are issued to vehicles owned and operated by the State of Texas or
any of its subdivisions, school districts, counties, or cities.
Counties should not collect title fees for liens recorded on vehicles owned by exempt
agencies. Instances when the title fee is collected are below.
Note: Exempt license plates are discussed in detail in the TxDMV Motor Vehicle
Registration Manual.
Trailers
House trailers, trailers, and semitrailers owned by an agency of the State of Texas are
covered by the registration and title laws.
Dealer Owned School District Vehicles
A dealer owned vehicle loaned to a school district may be registered with exempt plates.
Applicants must submit the Application for Standard Texas Exempt License Plates, Form
VTR-62-A and the Exempt Vehicle Affidavit Driver Education, Form VTR-62-E. A new
motor vehicle on loan to a school district to be used only in driver education courses
approved by the Texas Education Agency’s Driver Training Division is exempt from the
titling requirement. If the school uses the vehicle for purposes other than driver education,
they must describe on Form VTR-62-E the intended use of the vehicle, such as “for use in
FFA program,” etc., and an application for title is required in the name of the dealer with
the title fee paid in full.
Leased Vehicles
Exempt agencies operating leased vehicles must submit the Leased Vehicle Affidavit,
Form VTR-62-L with the Form VTR-62-A and application for title. The application for
title must be in the name of the lessor and counties must collect a title fee. The Form
VTR-62-A must show the names of both the lessee and the lessor.
Unconventional Machinery
Unconventional machinery type vehicles owned by exempt agencies are issued exempt
license plates, but a certificate of title is not required. An exception is a farm type
(pneumatic tired) tractor with or without machinery attached. The owner must title this
type of tractor before receiving exempt license plates.
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Federal Government Vehicles
Fire Fighting Vehicles
Privately owned fire fighting vehicles and vehicles owned by volunteer fire departments
may qualify for Exempt license plates. Application for the plates is made on Application
for Exempt Registration of a Fire Fighting Vehicle, Form VTR-62-F. Privately owned
vehicles must be designed and used exclusively for fire fighting in order to qualify for
exempt plates. Vehicles owned by volunteer fire departments do not have to be designed
for fire fighting but must operate exclusively to conduct the business of the volunteer fire
department in order to qualify for exempt plates.
To secure exempt license plates, applicants must file an application for title together with
proper evidence of ownership and the Form VTR-62-F with the County Tax
Assessor-Collector. These vehicles are exempt from registration fees, but are not exempt
from payment of the title fee.
Note: Operators of a fire-fighting vehicle owned and operated by a subdivision of
the State of Texas should submit Form VTR-62-A rather than Form
VTR-62-F and are exempt from the title fee.
Civil Air Patrol
The Civil Air Patrol, Texas Wing, qualifies for exempt license plates on vehicles owned
by them provided the vehicles are operated exclusively as emergency services vehicles by
members of that organization. Application is made on the Application for Armed Forces,
Coast Guard Auxiliary, or Texas Wing Civil Air Patrol License Plates, Form VTR-227.
An application for title is required if a record of Texas title cannot be established in the
name of the applicant. These vehicles are exempt from registration fees, but they are not
exempt from payment of the title fee.
Volunteer Ambulance
Nonprofit, volunteer ambulance companies qualify for Exempt license plates on vehicles
operated exclusively as ambulances. The companies should make application on Form
VTR-62-EMS accompanied by a copy of the vehicle registration certificate issued by the
Department of Health qualifying the vehicle as an emergency medical services vehicle.
These vehicles may be owned by a city or county and operated by the ambulance
company. Counties should require an application for title if a record of Texas title does not
exist in the name of the applicant or in the name of the city, county, etc. that actually owns
the vehicle. A nonprofit, volunteer ambulance company is exempt from registration fees
but is not exempt from payment of the title fee.
Texas Facilities Commission
The Texas Facilities Commission, an exempt agency, may assign a manufacturer's
certificate to another agency of the State of Texas. This Commission is the central
purchasing agency for the State of Texas and is the only state agency authorized to make
assignments on Manufacturer's Certificate of Origin (MCO).
5.8
Federal Government Vehicles
A Texas Certificate of Title is not issued for vehicles owned by the federal government.
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Office of Foreign Missions
The State of Texas does not title motor vehicles owned by the United States Government.
The federal government desires that the United States Government, Certificate to Title a
Vehicle, Form 97 (refer to Chapter 10, “Evidence of Ownership”) serve as the only legal
evidence of ownership to any motor vehicle owned by the federal government.
U. S. Government provides license plates and identifying numbers on these vehicles
instead of Texas registration. However, if a federal government agency desires Texas
Exempt license plates, they may make application on an Affidavit and Application for
Exempt License Plates, Form VTR-62-A.
Vehicles Leased from the Government
In the event a person, firm, or corporation leases a motor vehicle from the United States
Government, the vehicle must be registered and fees collected. Furthermore, receipt for
Registration Purposes Only must be secured in the name of the lessee. The operator must
file the application with the County Tax Assessor-Collector, and pay the title fee. The
following evidence must support the application:
• Application for Registration Purposes Only, Form VTR-272.
• A document, which describes the leased vehicle and denotes government ownership of
the vehicle.
Local Government Vehicles
If an application for title shows a local government as the owner (for example, “City of
Dallas Housing Authority”) an official of that agency should attach a statement stating
that the vehicle is not owned by the federal government. If it is owned by the federal
government, counties may not issue Texas title to the vehicle.
Private Mail Carriers
Privately owned motor vehicles used to transport the United States mail are not eligible
for “Exempt” license plates and must be titled.
5.9
Office of Foreign Missions
The U. S. Department of State, Office of Foreign Missions, issues “Diplomat” license
plates and title documents for vehicles owned by foreign diplomats and consular officers
who are located in the United States as official representatives of foreign countries. Any
lien recorded on the title must be properly released. Customs documentation or an
Out-of-state Identification Certificate, Form VI-30, is not required to support this type of
transfer. The Office of Foreign Missions also issues a “Certificate of Authority to Export a
Vehicle.” Operators may not use this document to sell or to register and title a vehicle.
5.10 Alias Certificate of Title
Transportation Code Section 501.006
On receipt of a verified request approved by the executive administrator of a law
enforcement agency, the department may issue a title in the form requested by the
executive administrator for a vehicle in an alias for the law enforcement agency's use in a
covert criminal investigation.
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Sale or Offer without Title Receipt or Title
5.11 Sale or Offer without Title Receipt or Title
Transportation Code Section 501.152
(a) Except as provided by this section, a person commits an offense if the person:
(1) sells, offers to sell, or offers as security for an obligation a motor vehicle
registered in this state; and
(2) does not possess the title receipt or title for the vehicle.
(b) It is not a violation of this section for the beneficial owner of a vehicle to sell or
offer to sell a vehicle without having possession of the title to the vehicle if the sole
reason he or she does not have possession of the title is that the title is in the
possession of a lienholder who has not complied with the terms of Section
501.115(a).
No person in this state may offer for sale any motor vehicle registered out of state without
having in his or her possession a title (or registration receipt if the motor vehicle is from a
non title state).
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Chapter 6
APPLICATION AND ISSUANCE OF MOTOR
VEHICLE TITLE
This chapter contains the following sections:
• 6.1 Application for Texas Title (Form 130-U)
• 6.2 Place of Application
• 6.3 Personal Identification Information for Obtaining Title
• 6.4 Financial Responsibility
• 6.5 Acceptable Proof of Ownership
• 6.6 Title Only
• 6.7 Registration Purposes Only (RPO)
• 6.8 Issuance of Title
• 6.9 Title Receipt
• 6.10 Duplicate Title Receipt
• 6.11 Alteration of Certificate or Receipt
• 6.12 Rejected Title Transactions
• 6.13 Stop Title Requests
• 6.14 Revocation Affidavits - First Sale Title Application
• 6.15 Corrected Title
• 6.16 Lost Title Report or Transaction
• 6.17 Undeliverable/Returned Titles
• 6.18 Electronic Titling System
• 6.19 Remarks/Brands
6.1
Application for Texas Title (Form 130-U)
Note: The use of white-out or liquid paper is not acceptable on any title transfer
documents, such as Form 130-U, VTR-131, Certificate of Title, etc.
Transportation Code Section 501.023
(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. To obtain a
title, the owner must apply:
(1) to the county assessor-collector in the county in which:
(A) the owner is domiciled; or
(B) the motor vehicle is purchased or encumbered;
(2) if the county in which the owner resides has been declared by the governor as
a disaster area, to the county assessor-collector in one of the closest
unaffected counties to a county that asks for assistance and:
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Application for Texas Title (Form 130-U)
(A) continues to be declared by the governor as a disaster area because the
county has been rendered inoperable by the disaster; and
(B) is inoperable for a protracted period of time; or
(3) if the county assessor-collector’s office of the county in which the owner
resides is closed for a protracted period of time as defined by the department,
to the county assessor-collector of a county that borders the county in which
the owner resides who agrees to accept the application.
(b) The assessor-collector shall send the application to the department or enter it into
the department's titling system within 72 hours after receipt of the application.
(c) The owner or a lessee of a commercial motor vehicle operating under the
International Registration Plan or other agreement described by Section 502.091
that is applying for a title for purposes of registration only may apply directly to
the department. Notwithstanding Section 501.138(a), an applicant for registration
under this subsection shall pay the fee imposed by that section. The fee shall be
distributed to the appropriate county assessor-collector in the manner provided by
Section 501.138.
(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.
(e) Applications submitted to the department electronically must request the
purchaser's choice of county as stated in Subsection (a) as the recipient of all
taxes, fees, and other revenue collected as a result of the transaction.
Owners must apply for title using the Application for Texas Title, Form 130-U.
The Application for Texas Title, Form 130-U, is a universal type application for title,
which accommodates any type of title transaction regardless of the class of vehicle
involved and regardless of whether the transaction covers a transfer of ownership or the
correction of an error or both.
When correcting an error in the description of vehicle on an existing Texas title, it is
important to mark the appropriate correction block on the application; otherwise, the same
make, year model, body style, and VIN as recorded in the old title record is automatically
carried forward to the new title when issued. In addition to serving as an application for
title, the Form 130-U also contains a joint affidavit from the seller and purchaser
regarding the taxable value of the vehicle, which eliminates the necessity for a separate
sales tax affidavit to accompany the title transaction.
When an owner files an application for title with the County Tax Assessor-Collector’s
office, the application information is used to prepare the Tax Collector's Receipt for Title
Application/Registration/Motor Vehicle Tax, VTR-500-RTS, or Form VTR-31-RTS.
This information is used to create or update the motor vehicle record and to print the
certificate of title.
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Application for Texas Title (Form 130-U)
Required Information
Applicants must type or print the following required information in blue or black ink
(except the owner's signature.)
Make of Vehicle
The “make” of vehicle as designated by the manufacturer and shown on the surrendered
evidence must appear on the application for title and Form VTR-500-RTS.
Note: An exception is evidence of ownership from Mexico (MCO or registration
[Tarjeta de Circulacion]) that indicates General Motors (GM) as the make,
rather than the established GM car line (Buick, Cadillac, Chevrolet, GMC,
Oldsmobile, or Pontiac). In this situation, applicants must correct the “make”
to indicate the correct GM make/car line as shown on the Vehicle
Identification Certificate.
Vehicle Identification Number
The Vehicle Identification Number (VIN) must appear clearly and in its entirety within its
proper space. Strikeovers or erasures, which leave a doubt as to the legibility and
correctness of the number are not acceptable. Refer to Chapter 13, “Vehicle Identification
Numbers” for a complete discussion of vehicle identification numbers.
Note: Fleet owners may, if they so desire, have equipment numbers of newly
acquired vehicles recorded on their title. To do so, customers should show the
appropriate numbers in parentheses immediately following the name of
owner in the space provided for the name of owner on the application for title
and Form VTR-500-RTS.
Current Texas License Plate Number and Month and Year of Expiration
The current Texas license plate number must appear on the Application for Texas Title,
Form 130-U, and the VTR-500-RTS, if the vehicle is required to be registered. The
license plate number must agree with the classification of vehicle.
• On applications for corrected title (no transfer of ownership), the previous year’s
license number must appear even if the vehicle is not currently registered. Current
registration is not required because the application is correcting the Texas Title that
recorded current registration at the initial issuance of title.
• Only qualified farmers may indicate farm trailer, farm truck or farm truck tractor
license plate on the application. They must also complete the affidavit on the
Application for Farm Trailer/Semitrailer, Farm Truck, or Farm Truck Tractor
License Plates, Form VTR-52-A. (Refer to the TxDMV Motor Vehicle Registration
Manual for information on farm plates.)
• The notation “Not Reg” should appear in the space for license number covering off
highway motorcycles, three or more wheel ATVs, ROVs, and title only.
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Application for Texas Title (Form 130-U)
Year Model
The year model of the vehicle as shown on the application and VTR-500-RTS, should
agree with the year model as shown on the surrendered evidence. If an application is
supported by out-of-state documents that show “year made” instead of “year model,” the
year model shown may vary one year from “year made” in order to show the correct year
model.
Note: Counties should determine the year model from the vehicle identification
number.
Body Style
The Standard Abbreviations for Vehicle Makes and Body Styles, Form VTR-249,
provides a list of acceptable body styles.
Passenger Vehicles
The body style must describe the vehicle and should not be in conflict with the evidence
surrendered in support of the application for title.
Commercial Vehicles
A body style that correctly describes the type of commercial vehicle being registered is
acceptable. For example, stake, flat, van, dump, panel, etc.
House Trailers
The body style for “House Trailers” or “Travel Trailers” should appear as “Camper
Trailer (CT).”
Motorcycles and Mopeds
The body style should appear as motorcycle or moped. A motorbike should appear as a
motorcycle or moped, if applicable (for example, MC-Motorcycle) .
Trailers and Semitrailers
The body style should appear as trailer or semitrailer, and the type of bed must be
included. (Example: UT – utility trailer)
Gross Vehicle Weight
The gross vehicle weight must be carried forward to the new application and
VTR-500-RTS, if it is recorded on the surrendered Texas title. If it is not recorded on the
surrendered title, it must be established (possibly from the model number).
The gross vehicle weight as carried forward to the application for title must not be
different from that shown on the surrendered evidence.
See Chapter 10, Gross Vehicle Weight Rating (GVWR).
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Application for Texas Title (Form 130-U)
Weight
Passenger Vehicles
The correct Texas registration weight should appear on the application and the
VTR-500-RTS. It is determined by rounding off the shipping weight to the next highest
hundred pounds plus one hundred (100) pounds.
Many states use other methods for determining the license fees for passenger vehicles;
therefore, counties should exercise caution when using the weight shown on any
out-of-state title or registration receipt to establish the correct Texas registration weight.
In most cases, counties should reference the Branham Guide to determine the correct
shipping weight of the model vehicle.
Commercial Vehicles
Applicants should show the actual empty weight of the commercial vehicle rounded up to
the next one hundred (100) pounds. The shipping weight of a commercial vehicle is
seldom the actual weight of the same vehicle at the time of registration because a body,
bed, or other additions of equipment are often made after the commercial vehicle leaves
the manufacturer.
Applicants should obtain a weight certificate on new and out-of-state vehicles, if
applicable, as explained in Chapter 10, “Evidence of Ownership”.
House (Travel) Trailers
Applicants must enter the empty weight and carrying capacity that reflects the correct
actual gross weight of a house trailer. This weight is used to determine the registration fees
for house trailers. Refer to Chapter 10, “Evidence of Ownership” for more information.
Motorcycles, Mopeds, and Three Wheeled Vehicles
VTR does not require the weight of these vehicles on titles.
Trailers and Semitrailers
Applicants must show the empty weight for trailers and semitrailers. Refer to Chapter 14,
Section 14.8 Trailer/Semitrailer for more information.
Odometer Reading
Unless the vehicle is exempt from odometer disclosure requirements, every application for
title and Form VTR-500-RTS must record the mileage as it appears on the vehicle's
odometer disclosure statement as attested to by the buyer and seller. For more information
on odometer requirements, refer to Chapter 15, “Odometers”.
Previous Owner
The previous owner is defined as the person, firm, or dealer from whom a vehicle was
acquired. Applicants must show:
• the previous owner's name and address (city and state only).
• the word “Unknown” if the previous owner is unknown.
• the word “Unknown” if the previous owner’s city is unknown
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Application for Texas Title (Form 130-U)
•
•
•
•
“TX” for the state if the state is unknown, else use as indicated on supporting
documents.
either the former name of the owner or the name of the previous owner as shown on
the title if their name has changed due to marriage or by other process of law. Refer to
Chapter 16, “Operation of Law” for information on transfers.
the manufacturer's name as the previous owner if a dealer holding a manufacturer's
certificate desires title in the dealership's name.
the word “NONE” for previous owner if the manufacturer desires title in the
manufacturer’s name.
Legal Name of Owner
Effective September 1, 2013, the applicant’s legal name must be used. The legal name is
the name exactly as it appears on the required photo identification. If the applicant
disputes the name on their identification or wants his or her name changed for any reason,
they must have the identification corrected first.
A divorce decree, marriage license or adoption decree is not acceptable proof of a name
and is not considered a government issued photo identification. These documents “allow”
a person to change a name but they do not require an individual to change their name,
therefore, the name may never be changed. An applicant would have to change the name
on their identification first in order to have a name change reflected on their Title or RPO.
Note: Regardless of the circumstances, the legal name as required is ALWAYS the
name as it appears on the applicant’s photo identification.
When processing a Registration Purposes Only, the legal name as it appears on the
identification must be used, regardless of how it appears on the ownership document being
presented.
Signatures
Refer to Chapter 11, “Signature - Authority to Sign” for information on signatures and
signature authority. More specifically to Chapter 11, Section 11.1 Names.
The seller’s signature may be photocopied, scanned, faxed or otherwise electronically
reproduced on the Application for Texas Title, Form 130-U, but must remain legible. The
buyer’s signature must ALWAYS be original.
The owner’s legal name and signature, as shown on the face of the application, should
agree with each other (but do not have to match exactly) and with the purchaser’s name on
the supporting evidence.
Same Name for Owner and Lienholder
An application for title is not acceptable if the name of the owner and lienholder is the
same.
Stamps
“Name and Address Stamps” that fit into the correct spaces allotted for this information on
the application for title are acceptable. However, stamps that overlap or are shown out of
the allocated space are not acceptable.
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Application for Texas Title (Form 130-U)
Electronic, digital or signature stamps are not acceptable.
Lessee and Lessor
A leased vehicle should always be titled in the name of the lessor (person or firm who
actually owns the vehicle).
The name and address of the lessor (person or firm from whom the vehicle is leased)
should appear on the application for title in field 14 (Applicant’s/Owner’s Name(s) field),
which enables a leasing company to receive the negotiable title.
The name and address of the lessee (person or firm to whom the vehicle is leased) should
appear on the application for title in field 14c (Registrant’s Name (Renewal Notice
Recipient) field), which allows the lessee to receive the renewal notices.
Applicants should complete the field as follows:
14. Applicant’s/Owner’s Name(s)
American Fleet Corporation (Lessor)
14800 Central Street
Houston, Texas 77060
Harris
County Name
14c. Registrant’s Name
Tom McWright
1811 Oakland Drive
Houston, Texas 77055
Harris
County Name
In order to identify this type of transaction as a leased vehicle, the word “Lessor” should
follow the owner’s name in parentheses as indicated above. An application for title is not
acceptable if the name of the owner and lienholder is the same.
Address of Owner
The address of owner/title recipient should always be the residential street address.
However, if a residential mail delivery is not available, a P. O. Box number is acceptable.
If a “P. O. Box” address is used in fields 14 and/or 14a of the Application for Texas Title,
Form 130-U, a resident street address must be shown in field 14b (Vehicle Physical
Location). See Address Confidentiality Program for exceptions. Counties should show the
“P. O. Box” address in the “Owner/Title Recipient Address” or “Renewal Notice
Recipient” field and the resident street address in the “Vehicle Physical Location” field on
the RTS “Owner Address” screen.
Note: Owners of fleet vehicles may show a post office box number in lieu of a street
address.
•
•
•
Out-of-country and part-time residents must provide their established Texas
residential address.
The address of the owner should be complete and legible and must include the zip
code.
An application which shows the applicant's address to be the same as the lienholder's
is acceptable, but VTR may reject any application which shows what appears to be a
false or fictitious address such as that of the selling dealer or the dealer’s agent or
employee.
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Application for Texas Title (Form 130-U)
•
The notation “in care of” (c/o or %) on an application for Texas title signifies a
mailing address.
Address Confidentiality Program
Code of Criminal Procedure, Sec. 56.82. Address Confidentiality Program.
(a) The attorney general shall establish an address confidentiality program, as
provided by this subchapter, to assist a victim of family violence, trafficking of
persons or an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal
Code, in maintaining a confidential address.
(b) The attorney general shall:
(1) designate a substitute post office box address that a participant may use in
place of the participant's true residential, business, or school address;
(2) act as agent to receive service of process and mail on behalf of the
participant; and
(3) forward to the participant mail received by the office of the attorney general
on behalf of the participant.
The Address Confidentiality Program (ACP) protects the victims of certain crimes, such
as sexual assault and stalking. The Office of the Attorney General (OAG) assigns a post
office box for use in lieu of a participant’s physical address. This is designed to help
protect the crime victim by providing the victim an additional layer of confidentiality.
The OAG, Crime Victim Services Division issues ACP participants a card that includes
their name, the seal of the Office of the Attorney General, and the number of the assigned
post office box. Any transaction involving an ACP participant may use this post office box
number instead of any physical address VTR may otherwise require.
Counties or dealers can validate participation in the program by asking the person to
produce the authorization card issued by the OAG for this program. The card contains the
proper post office box number.
Liens
Refer to Chapter 12, Section 12.5 Lien Information on Application for Title (Form
130-U).
One Document for Multiple Transactions
If one document (power of attorney, heirship affidavit, will, etc.) is used to support the
applications of more than one transaction, applicants should staple all affected
transactions together with the document and a note attached stating, “These transactions
must be kept together.” Furthermore, counties should submit all related transactions in a
“SPECIAL HANDLING” envelope with a note stating the transactions should be kept
together. An acknowledged copy of the document should support any additional
transactions. Additionally, the county should submit a certification concerning the number
of transactions for which the original document was submitted. (Refer to Chapter 11,
“Signature - Authority to Sign” for information on acknowledgements and certifications.)
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Place of Application
Title Application Receipt Information
The transaction number of the VTR-500-RTS must be shown on the title application in
the space provided for the receipt number, along with the County Tax Assessor-Collector's
name and county.
The date the title application was filed as shown on the application must agree with the
date the VTR-500-RTS was issued.
6.2
Place of Application
Purchasers should file an application for title on a vehicle in the county in which they
reside or the county in which the vehicle is purchased or encumbered. Transportation
Code Section 501.0234 , requires licensed motor vehicle dealers to apply for a title and
registration for a motor vehicle in the county as directed by the purchaser on the County of
Title Issuance, Form VTR-136 (refer to County of Title Issuance in Chapter 25). The
initial registration may also be issued in the county in which the application for title is
filed; but thereafter, the owner must register in the county in which they reside. The
application and registration receipt must indicate the owner's residential address and
county.
Applicants must be Texas residents to apply for a Texas Title and registration. Exceptions
are made for military personnel and part-time residents when the application is submitted
with required documentation. Out-of-state residents may apply for a bonded title in Texas
when the vehicle was last titled in Texas.
Part-time residents (i.e. full-time students) are defined as persons who have dual residency
in Texas for part of the year and another jurisdiction for the remainder of the year. Dual
residency customers must use the established Texas residential address on the application.
Visitors to Texas without a Texas address are not allowed to title and register a vehicle in
Texas.
Out-of-country residents who qualify for a Texas Title should use their Texas address.
6.3
Personal Identification Information for Obtaining Title
Transportation Code Section 501.0235
(a) The department may require an applicant for a title to provide current personal
identification as determined by department rule.
(b) Any identification number required by the department under this section may be
entered in the department's electronic titling system but may not be printed on the
title.
Acceptable Form of Identification
As of September 1, 2013, an application for title or initial registration is not acceptable
unless the applicant presents a current photo identification of the owner containing a
unique identification number and expiration date. IDs are not required if there is no
change in ownership (such as when correcting a title or recording a lien). Only the
following IDs will be accepted:
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Personal Identification Information for Obtaining Title
•
•
•
•
•
•
•
•
Driver license or state identification certificate issued by a state or territory of the
United States;
U.S. or foreign passport;
U.S. military ID;
North Atlantic Treaty Organization ID;
identification issued under a Status of Forces Agreement;
U.S. Department of Homeland Security ID;
U.S. Department of State ID; or
U.S. Citizenship and Immigration Services identification document.
Note: An ID will be considered current for identification purposes if it is not more
than 12 months expired. As state-issued personal identification certificate
issued to a qualifying person that specifies it is non-expiring is acceptable. For
a Texas ID, the person must be at least 60 years old to qualify for a
non-expiring ID.
Applicants must present an acceptable form of ID for initial title and registration to their
County Tax Assessor-Collector’s office or motor vehicle dealer. County Tax
Assessor-Collector’s office employees must visually check the ID to verify owner
information, but are not required to make a copy. The ID type, jurisdiction, the unique
number must be recorded on the Application for Texas Title, Form 130-U.
If the name is too lengthy for the RTS name field, then use the full last name, first name,
suffix (Jr., Sr., III), and as much of the middle name as can be accommodated in that
order. Truncate (shorten by cutting the end), do not abbreviate.
If the motor vehicle is titled in more than one name, then the identification of one owner
must be presented.
Authority to Sign
When an employee or authorized agent applies for a title on behalf of a business,
government entity, organization, trust, lease company, or with a power of attorney (POA),
the employee or authorized agent must provide one of the following, in addition to their
government issued photo ID:
• letter of authorization;
• printed business card;
• employee ID;
• POA to establish authority to sign on behalf of the entity.
In addition, the letter of authorization, printed business card, employee ID, or POA may
be an original or photocopy.
Power of Attorney
If a power of attorney is being used to apply for a title, then the applicant must show:
• identification matching the person or employee of the entity named as power of
attorney;
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Financial Responsibility
•
•
a employee ID, business card, or authorization written on the letterhead of an entity
named as power of attorney that matches the identification of the employee; and
identification of the owner or lienholder.
Dealer Requirements
A person who holds a general distinguishing number (GDN) issued under Transportation
Code Chapter 503 or Occupations Code Chapter 2301 is not required to submit a copy of
the ID to the county, but is required to retain a copy of the ID in their purchase and sales
record. The ID type, jurisdiction, and the unique number must be recorded on the
Application for Texas Title, Form 130-U. Dealers not licensed in Texas are required to
present a copy of the applicant’s ID to the county tax office.
GDN holders are not required to submit authority to sign on behalf of an entity to the
county tax assessor-collector (TAC), but must retain a copy of proof in the purchase and
sales record. When a secure POA is assigned to a GDN holder, the individual assigning
the title is not required to submit their ID or authority to sign to the TAC. A GDN holder is
also exempt from submitting their agent’s or a third party’s ID when a non-secure POA
has been assigned for a vehicle exempt from odometer disclosure.
Social Security Number of Title Applicant
As of June 2009 Transportation Code Section 501.0235 is repealed. Section 501.0235 had
required all title applicants to provide their Social Security Number. Do not record the
applicant’s social security number on the Application for Texas Title, Form 130-U.
6.4
Financial Responsibility
Requirement
Transportation Code Section 601.051
A person may not operate a motor vehicle in this state unless financial responsibility is
established for that vehicle through:
(1)
(2)
(3)
(4)
(5)
a motor vehicle liability insurance policy that complies with Subchapter D;
a surety bond filed under Section 601.121;
a deposit under Section 601.122;
a deposit under Section 601.123; or
self-insurance under Section 601.124.
Exception
Transportation Code Section 601.052
(a) Section 601.051 does not apply to:
(1) the operation of a motor vehicle that:
(A) is a former military vehicle or is at least 25 years old;
(B) is used only for exhibitions, club activities, parades, and other functions
of public interest and not for regular transportation; and
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Acceptable Proof of Ownership
(C) for which the owner files with the department an affidavit, signed by the
owner, stating that the vehicle is a collector’s item and used only as
described by Paragraph (B);
(2) the operation of a neighborhood electric vehicle or a golf cart that is operated
only as authorized by Section 551.304 or 551.403; or
(3) a volunteer fire department for the operation of a motor vehicle the title of
which is held in the name of a volunteer fire department.
(b) Subsection (a)(3) does not exempt from the requirement of Section 601.051 a
person who is operating a vehicle described by that subsection.
(c) In this section:
(1) Former military vehicle” has the meaning assigned by Section 504.502(i).
(2) “Volunteer fire department” means a company, department, or association
that is:
(A) organized in an unincorporated area to answer fire alarms and
extinguish fires or to answer fire alarms, extinguish fires, and provide
emergency medical services; and
(B) composed of members who:
(i) do not receive compensation; or
(ii) receive only nominal compensation.
6.5
Acceptable Proof of Ownership
Transportation Code Section 501.029
The board by rule may provide a list of the documents required for the issuance of a
receipt that evidences title to a motor vehicle for registration purposes only. The fee for
application for the receipt is the fee applicable to application for a title. The title receipt
may not be used to transfer an interest in or establish a lien on the vehicle.
Non-negotiable “Duplicate Original” Certificates of Title
Prior to September 1, 2001, the department issued “Duplicate Original Certificates of
Title” which were non-negotiable and nontransferable. These non-negotiable titles
provide no space on the reverse side for the assignment of the vehicle and are not valid for
transfer of an interest in or to establish a lien on a vehicle. “Duplicate Original”
Certificates of Titles were issued in the following situations:
Lien Recorded on a Negotiable Texas Title
A Duplicate Original Certificate of Title was issued to the Texas recorded owner when
application for a negotiable Texas Certificate of Title was filed that recorded a lien
(encumbered motor vehicle). These non-negotiable titles provided an ownership
document for the owner since the negotiable title was provided to and held by the
lienholder.
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Title Only
Non-negotiable Title for Registration Purposes Only (RPO)
Texas non-negotiable titles for “Registration Purposes Only” were issued for any vehicle
last registered or titled in another state but required Texas registration and the owner or
operator could not or did not wish to surrender the negotiable out-of-state evidence of
ownership to obtain a negotiable title.
Use of Title or Registration Receipt
On or after September 1, 2001, the owner of a vehicle may use a registration receipt issued
under Transportation Code, Chapter 502 as proof of registration (initial or renewal) or the
title application receipt as evidence of title. However, the owner may use the receipt
issued at the time of application for Registration Purposes Only as proof of registration.
Owners may not use the title or registration receipt to transfer any interest or ownership in
a motor vehicle or to establish a lien.
6.6
Title Only
Transportation Code Section 501.0275
(a) The department shall issue a title for a motor vehicle that complies with the
other requirements under this chapter unless:
(1) the vehicle is not registered for a reason other than a reason provided by
Section 501.051(a)(6); and
(2) the applicant does not provide evidence of financial responsibility that
complies with Section 502.046.
(b) On application for a title under this section, the applicant must surrender any
license plates issued for the motor vehicle if the plates are not being transferred to
another vehicle and any registration insignia for validation of those plates to the
department.
On September 1, 1999, the department began issuing negotiable Texas Certificates of
Title without requiring Texas registration (Title Only). In addition to requiring the
negotiable evidence of ownership, release of lien (if applicable), etc. the applicant must
complete an Application for Title Only, Form VTR-131, and an Application for Texas
Title, Form 130-U.
Form VTR-131
The applicant must complete the Form VTR-131 providing the vehicle description,
including vehicle year, make, body style, license plate number, year of license, VIN, and
registration sticker number, if applicable.
The applicant must check one of the three applicable boxes on the Form VTR-131:
1. If application is being made by an applicant for a vehicle with current Texas or
out-of-state registration, then check the first check box. VTR may not accept an
application for Texas title without registration if an applicant does not surrender:
•
•
the vehicle’s license plates (regardless of registration status)
the vehicle’s registration sticker if currently registered and if a registration sticker
was issued
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Title Only
2.
Check the second check box if the vehicle is new or is not currently registered and the
vehicle has no license plates or registration.
3.
Check the third check box if applying for Texas title without Texas registration under
Transportation Code, §502.0025. This applies to Texas residents who are active
military personnel and have current registration in another country (military or
registration under the host nation). Applicants must provide proof of valid military
registration to the County Tax Assessor-Collector’s office. Valid proof includes:
•
•
a letter written on official letterhead by the applicant’s unit commander attesting to
the registration of the vehicle; or
the registration receipt issued by the appropriate branch of the armed forces or host
nation.
Note: For additional information on military Title Only applications, refer to
Chapter 20, “Military” of the Vehicle Title Manual.
The signature of the applicant on the Form VTR-131 verifies that the applicant
understands that the vehicle may not be operated on the public streets and highways of
Texas without the applicant obtaining and displaying current registration.
Insurance Company Title Application on Paid Claim Vehicles
Effective September 1, 2011, the Texas Transportation Code was amended allowing for
an insurance company to file a title application on a vehicle that was the subject of an
insurance claim.
Without Evidence of Ownership
An insurance company that acquires ownership or possession of a motor vehicle through
payment of a claim may apply for a regular vehicle title, other than a salvage motor
vehicle or a non-repairable motor vehicle, to be issued in the name of the insurance
company, without obtaining the proper evidence of ownership under the following
conditions:
• the motor vehicle is covered by a vehicle title issued by this state or a Manufacturer's
Certificate of Origin (MCO);
• at least 30 days have passed since the date of payment of the claim; and
• the insurance company signs a certified statement on the Insurance Company
Statement of Facts, Form VTR-331-A that they provided at least two written notices
to the last known address of each owner, and lienholder if applicable, to surrender the
original vehicle title.
Title Evidence
An Application for Texas Title, Form 130-U must be accompanied by:
•
•
•
proof of a paid insurance claim for the motor vehicle;
a fully completed and signed Insurance Company Statement of Facts, Form
VTR-331-A; and
applicable county fees to the county tax office.
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Title Only
Without Properly Assigned Evidence of Ownership
An insurance company that acquires ownership or possession of a motor vehicle through
payment of a claim may apply for a regular vehicle title, other than a salvage motor
vehicle or a non-repairable motor vehicle, to be issued in the name of the insurance
company, without obtaining the proper assignment of the owner on the evidence of
ownership under the following conditions:
• applicant is an insurance company that is currently licensed to conduct business in
Texas;
• the motor vehicle is covered by a vehicle title issued by this state or a Manufacturer's
Certificate of Origin (MCO);
• at least 30 days have passed since the date of payment of the claim;
• the motor vehicle owner has surrendered an unassigned or improperly assigned title to
the insurance company; and
• the insurance company signs a certified statement on Insurance Company Statement of
Facts, Form VTR-331-A, that they provided at least two written notices to the last
known address of each owner, and lienholder if applicable, to correctly assign the
original vehicle title.
• Application is for an original Texas Certificate of Title; and
• Application is for Title Only (registration will not be issued).
• Verification of ownership:
• If registered in Texas - Vehicle Inquiry of Texas title and registration
• If registered outside of Texas - Verification of title and registration from the state
of record. If not available, the following is acceptable in lieu of
out-of-state-verification:
•
Letter from the state of record refusing to provide information due to
the Driver's Privacy Protection Act restrictions and stating the state will
forward the lienholder's notification to the owner(s); or
•
Does not receive a response from the governmental entity with which
the motor vehicle is registered on or before the 21st day after the date a
request was submitted.
Title Evidence
An Application for Texas Title, Form 130-U must be accompanied by:
• proof of a paid insurance claim for the motor vehicle;
• a fully completed and signed Insurance Company Statement of Facts, Form
VTR-331-A;
• the surrendered title in possession of the insurance company; and
• applicable county fees to the county tax office.
• Ownership evidence or verification of ownership
• Out of state Vehicles - The following documentation is also required:
• Statement of Fact for Out-of-State Evidence, Form VTR-221;
• Out-of-state Identification Certificate, Form VI-30; and
• Weight Certificate on a commercial vehicle.
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Registration Purposes Only (RPO)
Miscellaneous
VTR does not issue Title Only for a vehicle if the title is currently suspended or revoked.
Counties should advise applicants of the reason for the suspension or revocation and that
the title must be cleared before VTR can issue a vehicle a title without registration.
VTR does not issue a Title Only for slow-moving vehicles or ATVs.
VTR does issue 30-day Permits to vehicles titled as a Title Only or when an application
for Title Only has been filed. (Refer to Chapter 16, “Operation of Law”.)
The applicant does not have to provide proof of insurance at the time of application for
title without registration.
Vehicles with a Texas title obtained without registration are not subject to inspection
under Transportation Code, §548.052.
6.7
Registration Purposes Only (RPO)
VTR issues Registration Purposes Only for a vehicle that was last registered or titled in
another state, which is subject to registration in this State, and for which the owner cannot
or does not wish to surrender the out-of-state evidence of ownership. This type of
registration was designed to enable the owner to register the vehicle in Texas without
applying for a negotiable Texas Title.
Registration Purposes Only is not allowed for an unregistered new vehicle.
Use of Title or Registration Receipt
Prior to September 1, 2001, Texas non-negotiable titles were issued for Registration
Purposes Only.
Since September 1, 2001, a receipt is issued at the time of application for Registration
Purposes Only as proof of registration.
Owners may not use a title receipt or registration receipt to transfer any interest or
ownership in a motor vehicle or to establish a lien.
Application for Registration Purposes Only
An owner or agent of a vehicle must complete an Application for Registration Purposes
Only, Form VTR-272, and Application for Texas Title, Form 130-U and file them with
the County Tax Assessor-Collector’s office in the owner’s Texas county of residence.
Effective September 1, 1999, commercial vehicle owners operating under the
International Registration Plan (IRP) may apply for “Registration Purposes Only” at the
County Tax Assessor-Collector’s office or a TxDMV Regional Service Center.
Application Fee
The application fee for Registration Purposes Only is $28/$33 (the same fee that is
applicable to applications for Texas title under Transportation Code, §501.138). The
applicant must remit the $28/$33 application fee and any other applicable fees
(registration, sales tax, etc.) with the application.
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Registration Purposes Only (RPO)
The registration receipt and the applications (Form 130-U and Form VTR-272) must
always be in the name of the owner of the vehicle. (An exception is vehicles leased from
the federal government.)
Form VTR-272
Applicants must show the name of the state in which the vehicle was last registered and,
when available, the out-of-state license number and year of issuance. If some of this is
omitted, applicants may locate and carry forward information from other documents in the
transaction, such as the Vehicle Identification Certificate.
Evidence of Ownership
No evidence of ownership is necessary for Registration Purposes Only. The following are
required:
• properly completed Application for Texas Title, Form 130-U,
• an Acceptable Form of Identification
• Application for Registration Purposes Only, Form VTR-272,
• a copy of the title receipt or registration receipt,
• an Out-of-State Identification Certificate, Form VI-30 (only if from out-of-state), and
for commercial vehicles in excess of 10,000 lbs., a weight certificate verifying the
empty weight.
Out of State Evidence of Ownership
If out-of-state evidence of ownership (title, registration receipt, etc.) is presented to the
County Tax Assessor-Collector, and the out-of-state evidence reflects a lien, which has
not been released, applicants should show the lien on the Application for Texas Title,
Form 130-U. They should also indicate the name of the state in which the vehicle was last
registered and/or titled in the previous owner area. Counties should then return the
out-of-state evidence of ownership to the applicant with the registration purposes only
receipt, the appropriate license plates and the windshield or plate sticker, if applicable.
Apprehended Vehicles
If the vehicle has been apprehended, a self certification as to the correct VIN may be
acceptable in lieu of the Out-of-state Identification Certificate, Form VI-30, provided an
out-of-state address is shown on the Form VTR-272. (Refer to Transportation Code
Section 501.030.) In addition, an officer of the Department of Public Safety may waive the
requirement of a weight certificate.
Power of Attorney
A power of attorney or other evidence of authority need not be attached for an agent or
operator to sign for an owner, company, firm, or corporation.
Approval of the Application
Upon approval of the application, VTR issues a receipt that indicates the application filed
was for registration purposes only. The receipt serves as proof of registration and owners
may not use it to transfer any interest or ownership in a motor vehicle or to establish a lien
on the vehicle.
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Registration Purposes Only (RPO)
Vehicles Located Out of State
If a vehicle requires and is eligible for Texas registration but the vehicle is not located in
Texas, a self-certification of the VIN would be necessary. In this situation, the safety
inspection requirements prescribed under Transportation Code, §501.030 are not
applicable; therefore, an Out-of-state Identification Certificate, Form VI-30, issued by a
State appointed Safety Inspection Station, is not required. However, applicants must
complete the self-certification portion of the Application for Registration Purposes Only,
Form VTR-272 to certify the vehicle identification number on the vehicle. (Refer to
Chapter 18, “Out of State Requirements”, for information concerning self-certification
and application from out-of-state).
Issued to Texas Licensed Dealers
If a Texas licensed dealer desires to register any vehicle including a new vehicle covered
by a manufacturer's certificate, a used vehicle covered by the United States Government
Certificate to Obtain a Title to a Motor Vehicle, Form 97, a Texas Salvage Vehicle Title,
Form VTR-222-S, or a Texas Salvage Certificate, Form VTR-222, the dealer must apply
for a negotiable Texas Title.
Foreign/Imported Vehicles
(Refer to Chapter 19, “Imported Vehicles” for information concerning foreign/imported
vehicles).
Under certain conditions, VTR may issue Registration Purposes Only on an imported
vehicle that cannot be sold or titled in Texas. The owner of a nonconforming vehicle may
need to secure Texas registration for failure to display the international marker or if the
foreign license plates expire or become lost or stolen. In these instances, the applicant
must complete an Application for Registration Purposes Only, Form VTR-272, including
the imported vehicle portion of the form.
If a seized or forfeited vehicle is awarded by the courts to a law enforcement agency for
their official use, and the vehicle information provided indicates the vehicle does not
conform to USDOT safety requirements (i.e., does not have the U.S. safety labels attached
to the vehicle) VTR issues a receipt for Registration Purposes Only in the name of the law
enforcement agency and the vehicle record is marked “DOT PROOF REQUIRED”. The
transaction, in the name of the law enforcement agency should be submitted to VTR for
processing and issuance of EXEMPT registration. (Refer to Chapter 16, “Operation of
Law” for further information.)
Correction of Registration Purposes Only Record
If a “Registration Purposes Only” title, issued prior to September 1, 2001, or an
application receipt for Registration Purposes Only issued on or after September 1, 2001, is
incorrect, owners can surrender it for cancellation and file for a new application. If the
correction is due to a customer error, the new application must include the same evidence
as any other application for a “Registration Purposes Only” and is subject to applicable
fees.
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Issuance of Title
Older Non-negotiable Titles
Previously, the department issued a non-negotiable title showing the following stamp
across the face of the title.
FOR REGISTRATION
PURPOSES ONLY Refer Okla. , 1966, Lic. #1234
If the owner of the vehicle for which Registration Purposes Only was issued does not
remember which state issued the outstanding negotiable title, he may request this
information by writing the Texas Department of Motor Vehicles, Vehicle Titles and
Registration Division. The written request should include the document number on the
registration purposes only receipt or non negotiable title issued prior to September 1,
2001, current Texas license number, and vehicle identification number.
Application for Negotiable Texas Title after Issuance of
Registration Purposes Only
If the holder of a Texas Registration Purposes Only receipt or non-negotiable title issued
prior to September 1, 2001 (or verification of the non-negotiable title) wants a negotiable
Texas Title in their name, they must file a new application for title and the proper
out-of-state ownership evidence must be surrendered. They must also surrender the Texas
registration receipt or non-negotiable title issued prior to September 1, 2001 (or
verification of the non-negotiable title) indicating registration purposes only with the
transaction. The holder need not attach an Out-of-state Identification Certificate, Form
VI-30 if the Texas registration receipt or non-negotiable title issued prior to September 1,
2001 (or verification of the non-negotiable title) indicating registration purposes only is
surrendered with the transaction.
If the holder of a Texas Registration Purposes Only receipt or non-negotiable title desires
to transfer ownership of the vehicle, the holder may assign the out-of-state title or the
out-of-state registration receipt if the vehicle was last registered in a non title state.
Non-Negotiable Titles Issued by Other States
Non-negotiable titles are referred to by several states under different names, such as
Nontransferable Titles, “Registration Purposes Only” Titles, Memorandum Titles,
Goldenrods, etc. These titles are not acceptable as evidence of ownership in applying for
Texas registration or title.
6.8
Issuance of Title
Transportation Code Section 501.027
(a) On the day that a county assessor-collector issues a title receipt, a copy of the
title receipt and all evidence of title shall be submitted to the department in the
period specified in Section 501.023(b)
(b) Not later than the fifth day after the date the department receives an application
for a title and the department determines the requirements of this chapter are met:
(1) the title shall be issued to the first lienholder or to the applicant if a lien is not
disclosed on the application; or
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Title Receipt
(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. If a lien is disclosed on the application, the department
shall notify the lienholder that the lien has been recorded.
Encumbered Motor Vehicles
When a vehicle is encumbered (lien), VTR provides the lienholder the negotiable Texas
Title and the owner a title application receipt. The receipt serves as the owner’s evidence
that title application was filed recording him or her as owner and recording the lien.
Before the owner may sell, trade, or otherwise dispose of the vehicle, the lienholder must
release the lien.
Unencumbered Motor Vehicles
When a vehicle is unencumbered (no lien), VTR provides the owner a negotiable Texas
Title.
Signature of Owner
The certificate of title has a space on the front for the owner to sign upon receipt of the
title. The signature of owner in this space is preferred; however, the lack of an owner’s
signature does not invalidate a certificate of title.
6.9
Title Receipt
Transportation Code Section 501.024
(a) A county assessor-collector who receives an application for a title shall issue a
title receipt to the applicant containing the information concerning the motor
vehicle required for issuance of a title under Section 501.021 or Subchapter I
after:
(1) the requirements of this chapter are met, including the payment of the fees
required under Section 501.138; and
(2) the information is entered into the department's titling system.
(b) If a lien is not disclosed on the application for a title, the assessor-collector shall
issue a title receipt to the applicant.
(c) If a lien is disclosed on the application for a title, the assessor-collector shall issue
a duplicate title receipt to the lienholder.
(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.
The Form VTR-500-RTS, issued by the County Tax Assessor-Collector to the applicant
and lienholder (if any) at the time application for Texas Title is filed, constitutes proof of
ownership pending the issuance of the Texas title. This form is designed as a combination
receipt for title application, registration, and motor vehicle tax.
6.10 Duplicate Title Receipt
Transportation Code Section 501.132
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Alteration of Certificate or Receipt
Except as otherwise provided by department rule, the department may not issue a
duplicate title receipt unless the original title receipt or certificate of title is surrendered.
In the event the owner or lienholder loses a receipt, Form VTR-500-RTS, and a duplicate
is necessary, the County Tax Assessor-Collector may issue a duplicate receipt. The
method of obtaining a duplicate certificate of title is discussed in Chapter 24, “Certified
Copies”.
6.11 Alteration of Certificate or Receipt
Transportation Code Section 501.154
A person commits an offense if the person alters a manufacturer's certificate, a title
receipt, or title.
An altered receipt, Form VTR-500-RTS or Form VTR-31-RTS, certificate of title, or
manufacturer's certificate attached to a title transaction received by the department
constitutes valid reason for the rejection of the transaction.
6.12 Rejected Title Transactions
The following procedures apply to the rejection of title transactions that the County Tax
Assessor-Collector determines to be incorrect after the “voiding” period has expired:
1. The County Tax Assessor-Collector should stamp or write the word “Rejection” in the
lower portion of the VTR-500-RTS. The county should also make a photocopy of the
VTR-500-RTS and mail it in a separate envelope marked “Rejections” on top of the
title package report to VTR. The original title transaction should remain at the County
Tax Assessor-Collector’s office until the corrections are made. If the title transaction
has been mailed before the error is discovered, the County Tax Assessor-Collector’s
office should notify their TxDMV Regional Service Center.
2.
Once the copy of the VTR-500-RTS is received, VTR enters the rejection remark into
the data base.
3.
After the original title transaction has been corrected, counties should mail it to the
department.
•
Title transactions corrected through the RTS Rejection Correction Event should
remain in place with the other title transactions processed for the same day.
Counties should separate transactions that cannot be corrected through RTS and send
to VTR in an envelope labeled Resubmit.
•
Note: Do not use this process for a “stop” title request unless the title transaction
has a valid rejection. Otherwise, a temporary restraining order or temporary
injunction issued from a county or district court is required to stop the title
from issuing.
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Stop Title Requests
Retention of Rejected Title Transaction Documents
County Tax Assessor-Collectors should follow the procedures in this section regarding the
retention of rejected title transaction documents. Retain all documents that remain
uncorrected or unresolved for a minimum period of two years. Base the start of the
retention period on the date that the title transaction was rejected.
Note: Extending this retention period may be warranted based on any ongoing
communication with a customer trying to resolve the problem.
At the end of two years, review the file for each rejected title transaction to verify that the
county attempted to contact the customer or owner/lienholder shown on the title
application. The contact documentation may include, but is not limited to:
• copies of all correspondence that was sent to the customer - certified mail delivery
confirmation
• any notes that were taken during phone calls or attempted calls
• screen shots showing internet search for phone and address information
If no contact information is available on file, the county should make an attempt to contact
the customer to resolve the pending issues. If all attempts to resolve the rejected title
transaction are unsuccessful after two years, shred the original title transaction documents.
Advise customers who contact the office after destruction of the documents to pursue a
Tax Collector Hearing, Bonded Title, or Court Order procedure to obtain title.
6.13 Stop Title Requests
The department only stops a title transaction upon receipt of a temporary restraining order
or temporary injunction issued by a county or district court restraining the department
from issuing the title. Additionally, the department does not return the transaction to the
seller or buyer until directed by the court.
Note: A County Tax Assessor-Collect may make use of their next day void when
appropriate. Once a transaction appears in the system, only a court order
may stop a title transaction.
1.
As with other civil cases, a petition to the court is filed under the Rules of Civil
Procedure.
2.
The applicant must file a case in county or district court. Customers may obtain
routine sample petitions and sample orders from the Office of General Counsel-Title
Litigation by request. The department must be made a party to the proceedings as well
as any other interested party, including the recorded owner and any lienholder of
record. Legal notices and process may be served informally by first-class mail to the
Office of General Counsel, TxDMV, 4000 Jackson Ave, Austin, Texas 78779, or if
asked in advance, by fax
Note: Regional Service Centers, are not authorized to accept citations on behalf of
the department.
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Revocation Affidavits - First Sale Title Application
3.
On receipt of a properly filed petition, the department’s Office of General Counsel can
file an Answer to the Court explaining any irregularities and ensure that relevant
parties are notified so they may intervene to protect their interests if they wish to do so,
before a final order or judgment is issued.
4.
VTR does not represent any person’s interest in these cases.
5.
VTR cannot comply with the terms of an order if we have no record of being served
with a petition.
Temporary Hold Title Requests
VTR accepts a written request to place a temporary hold for 10 business days on a motor
vehicle title record when the requestor pursues litigation through a Texas court of
competent jurisdiction (county or district court) to prevent title issuance.
Make all requests for temporary holds in the form of a letter either faxed to (512)
467-5936, emailed to [email protected] or mailed to:
Texas Department of Motor Vehicles
Vehicle Titles and Registration Division
Office of General Counsel-Title Litigation
4000 Jackson Avenue
Austin, Texas 78731
If VTR is not restrained by an injunction or restraining order, which specifically prohibits
the department from issuing title, it removes the temporary hold at the end of 10 business
days.
6.14 Revocation Affidavits - First Sale Title Application
Transportation Code Section 501.051
(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;
(3) a statement that the vehicle:
(A) was never in the possession of the title applicant; or
(B) was in the possession of the title applicant; and
(4) the signatures of the dealer, the applicant, and any lienholder.
(c) A rescission, cancellation, or revocation containing the statement authorized under
Subsection (b)(3)(B) does not negate the fact that the vehicle has been the subject of a
previous retail sale.
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Corrected Title
In certain situations, such as when financing falls through or when a purchaser has second
thoughts on a vehicle purchase, the revocation affidavits provide an alternative to a court
order for canceling a first sale title application. The department may rescind, cancel or
revoke an application for title if notarized affidavits executed by the purchaser, dealer and
lienholder (if applicable) are presented to the department within 21 days from the initial
date of sale (check the date of assignment). To use this process, all parties must mutually
agree to cancel the first sale title application.
Completed Title Revocation Affidavit for a First Sale, Form VTR-17, packets should be
submitted to:
VTR-Title Services
4000 Jackson Ave
Austin, Texas 78731.
The dealer is responsible for packaging the completed affidavits and must include:
• Dealer's revocation affidavit
• A copy of the Dealer license
• Purchaser's revocation affidavit(s)
• Lienholder's revocation affidavit (if applicable)
• Original title (if applicable)
Dealers are required to retain a copy of the completed affidavits for their records. The
affidavits should be notarized, but the department will accept a county stamp in lieu of
notarization. A Power of Attorney is NOT acceptable for use in conjunction with the
affidavits.
The Vehicle Titles and Registration Division will make the determination to accept or
reject the revocation affidavits based on the information provided and a review of the
original title application paperwork.
Title and Registration fee refunds issued in conjunction with the use of the Revocation
Affidavits will be authorized by VTR. The department will issue a Registration Fee
Refund Request/Authorization, Form VTR-304, directly to the county where the original
title application was filed. Questions regarding a refund of Sales Tax should be directed to
the Comptroller of Public Accounts.
Note: The revocation affidavit process is for use in conjunction with a first retail
sale (vehicle being transferred on a MCO) and should under no
circumstances be utilized in a used vehicle transaction.
6.15 Corrected Title
In many instances, a court order is not necessary since VTR can correct the title after it is
issued (refer to Chapter 7, “Corrections”). Customers can file an application for corrected
title supported by the proper documentation to correct errors:
Some correctable errors are:
• Vehicle description (make, year model, body style, VIN)
• Name
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Lost Title Report or Transaction
•
•
•
•
•
•
Address (if the owner wants the address change shown on the title)
Wrong Lien
Lien Omitted
Wrong Evidence
Add/Remove a Lien
Odometer Discrepancies.
6.16 Lost Title Report or Transaction
When a County Tax Assessor-Collector mails a title report to the Austin Headquarters and
title has not issued after twenty working days, the County Tax Assessor-Collector should
notify their local TxDMV Regional Service Center.
• Austin Headquarters generates a copy of the Title Report.
• Do not resubmit copies of the Forms VTR-500-RTS that accompanied the original
report. VTR produces the receipt from the vehicle inquiry event.
When a transaction is rejected or received by the department and it is determined lost, the
same basic procedure as outlined in the paragraph above apply. Since these are individual
transactions and not covered by a report or title fees VTR can access the vehicle inquiry
event and produce the receipt.
• If the transaction included a Certificate of Title Surety Bond, then a duplicate bond
with original signatures and a power of attorney are also required.
• When applications are lost VTR and the county coordinates the appropriate steps to
resolve the problem.
6.17 Undeliverable/Returned Titles
Certificates of title returned by the post office because of an insufficient or incorrect
address are destroyed. To obtain a replacement title, the owner or lienholder must submit
an Application for a Certified Copy of Title, Form VTR-34, (with the correct address), the
fee and supporting documents to VTR. Customers should also attach a change of address
notice to the Form VTR-34 to correct the address in VTR's database.
6.18 Electronic Titling System
Transportation Code Section 501.173
(a) The board by rule may implement an electronic titling system.
(b) A record of title maintained electronically by the department in the titling system is
the official record of vehicle ownership unless the owner requests that the
department issue a printed title.
(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 an electronic titling
system.
6.19 Remarks/Brands
The chart below lists all of the remarks/brands that may be found in the Registration and
Title System, TxDMV Mainframe, printed on the title or any combination thereof.
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Remarks/Brands
Table 6-1
REMARK
Remarks/Brands
LOCATION
DESCRIPTION
ABANDONED MOTOR
VEHICLE
RTS, Mainframe
The vehicle has been deemed “abandoned” in accordance with Chapter 683
of the Transportation Code. This vehicle cannot be transferred or rebuilt and
operated on public roads.
ACTUAL MILEAGE
RTS, Mainframe,
Title
The mileage indicated on the vehicle’s odometer at the time of title transfer
was the actual distance in miles that the vehicle had been driven.
ADDTIONAL LIENS
RECORDED
RTS, Mainframe
More than one lien is listed on the motor vehicle record.
APPREHENDED
RTS, Mainframe
The gross weight of the vehicle exceeds the registered weight. And the
Motor Carrier was apprehended by law enforcement for the weight violation
in the county number listed.
BONDED TITLE
RTS, Mainframe,
Title
Title was secured by the posting of a certificate of title surety bond.
BONDED TITLE SUSPENDED
RTS, Mainframe
The bonded title transaction has been suspended.
BONDED TITLE AWAITING REMOVAL
RTS, Mainframe
Three-year bond period has ended.
BRAND HOLD DATE
MM/DD/YYYY
RTS, Mainframe
This remark appears on a record for which a NMVTIS inquiry has been
conducted and a brand error has been identified. This remark can only be
removed by the TxDMV.
CCO ISSUED
(MM/DD/YYYY)
RTS, Mainframe
A certified copy of the original title was issued on the date specified.
CHILD SUPPORT
RTS, Mainframe
Family Code, Chapter 232, authorizes the DMV to suspend or deny the
renewal of motor vehicle registration for non-payment of child support.
CITY SCOFFLAW: (CITY)
RTS, Mainframe
This remark indicates that the vehicle owner has an outstanding fine for a
traffic law violation in the named city or municipality.
CMRTR ISSUED:
MM/DD/YYYY
RTS, Mainframe
This remark indicates that a Certified Metal Recycler Title Receipt has been
issued for this vehicle.
COA ISSUED
(MM/DD/YYYY)
RTS, Mainframe
A Certificate of Authority to Demolish a Motor Vehicle has been issued.
This vehicle cannot be rebuilt and operated on public roads.
COUNTY SCOFFLAW:
(3-DIGIT COUNTY #)
RTS, Mainframe
This remark indicates that the vehicle owner owes the county money for a
fine, fee, or tax that is past due.
CREDIT VOUCHER
ISSUED
RTS, Mainframe
The vehicle was totally destroyed. A registration fee credit may be applied
toward the registration of another vehicle owned by the same person. A
registration refund could not be authorized since the vehicle had been
operated on a public highway during a portion of the current registration
year.
DATE OF ASSIGNMENT
RTS, Mainframe
The date of sale of a motor vehicle as shown on the ownership transfer
document.
DIESEL
RTS, Mainframe,
Title
The vehicle is diesel-powered.
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Remarks/Brands
Table 6-1
REMARK
Remarks/Brands
LOCATION
DESCRIPTION
DOT PROOF REQUIRED
RTS
Indicates that proof of compliance with US Department of Transportation
(DOT) safety regulations is required before title can be issued. If this remark
is indicated on an RPO record, the vehicle may not be titled in the US and
the registration cannot be renewed. (Same as DOT STANDARDS in
Mainframe)
DOT STANDARDS (y/n)
Mainframe
Indicates that proof of compliance with US Department of Transportation
(DOT) safety regulations is required before title can be issued. If this remark
is indicated on an RPO record, the vehicle may not be titled in the US and
the registration cannot be renewed. (Same as DOT PROOF REQUIRED in
RTS)
DPS-EMISSIONS PRGM
NON-COMPLIANCE
EMISSIONS TEST: (D)
RTS, Mainframe
Indicates the vehicle did not pass an emissions test as required by an
emissions testing county for vehicles 2 through 24 years old and
gasoline-powered.
DPS SAFETY
SUSPENSION
RTS, Mainframe
The Department of Public Safety has placed a suspension on the motor
vehicle registration due to the owner’s failure to maintain financial
responsibility.
DPS STOLEN VERIFY
TCIC BY VIN
Mainframe
DPS has notified VTR that the vehicle has been reported stolen. Check with
reporting police agency that placed the remark in the NCIC-TCIC (National
Crime Information Center-Texas Crime Information Center) files to see if the
vehicle is still stolen or if a recovery notice has been received within the past
few days." The placing and removal of stolen remarks in the VTR computer
is done weekly by the DPS. (Same as STOLEN – VERIFY TCIC BY VIN in
RTS)
DUPLICATE
NONREPAIRABLE
VEHICLE TITLE ISSUED
RTS
The original Nonrepairable Vehicle Title (NVT) was lost, stolen or mutilated
and a Duplicate NVT was issued.
DUPLICATE
NONREPAIRABLE
CERTIFICATE OF TITLE
Mainframe
The original Nonrepairable Certificate of Title (NRCOT) was lost, stolen or
mutilated and a Duplicate NRCOT was issued. Obsolete but still displays on
old records
DUPLICATE
NONREPAIRABLE
VEHICLE TITLE
Mainframe
The original Nonrepairable Vehicle Title (NVT) was lost, stolen or mutilated
and a Duplicate NVT was issued.
DUPLICATE REG (RECORD # OF #)
Mainframe
The department’s records contain two or more records with the same
license plate number.
DUPLICATE SALVAGE
CERTIFICATE ISSUED
Mainframe
The original Salvage Certificate was lost, stolen or mutilated and a Duplicate
Salvage Certificate was issued. Obsolete but still displays on old records.
DUPLICATE SALVAGE
CERTIFICATE OF TITLE
Mainframe
The original Salvage Certificate of Title (SCOT) was lost, stolen or mutilated
and a Duplicate SCOT was issued. Obsolete but still displays on old
records.
DUPLICATE SALVAGE
TITLE ISSUED
Mainframe
The original Salvage Title or Certificate was lost, stolen or mutilated and a
Duplicate Salvage Title was issued.
DUPLICATE SALVAGE
VEHICLE TITLE ISSUED
RTS
The original Salvage Vehicle Title (SVT), Title or Certificate was lost, stolen
or mutilated and a Duplicate SVT was issued.
E-TITLE
RTS, Mainframe
A title record that is held in an electronic status, which includes a title record
with an electronic lien. e-Titles support only one lien entry. A paper title is
not printed.
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Remarks/Brands
Table 6-1
REMARK
Remarks/Brands
LOCATION
DESCRIPTION
E-TITLE PRINT DATE:
[MM/DD/YYYY]
RTS, Mainframe
As of February 13, 2012, when an e-lienholder release an ELT, a paper title
is automatically printed and mailed to the owner’s address or a third party as
specified by the e-lienholder. Upon releasing the ELT, this remark is added.
EVIDENCE
SURRENDERED BY
OWNER
RTS
The department has received the title or some other valid evidence of
ownership on this vehicle from the owner of the vehicle. The title record has
been canceled.
EVIDENCE SURR BY
SALVAGE YARD:
(#, date)
RTS, Mainframe
On (date), salvage yard (#) surrendered the Certificate of Title or other
evidence of ownership to the vehicle with a Form VTR-340 to the
department. The title record has been cancelled and marked “JUNKED.”
EXEMPT
RTS, Mainframe,
Title
Vehicle is owned, or leased by an agency of the State, City, County, school
district or Federal Government. The vehicle may display a license plate with
the legend “Exempt” along with six or seven numbers.
EXPORT ONLY
RTS, Mainframe
An export-only motor vehicle is a nonrepairable or salvage motor vehicle
that is offered for sale in this state to a person who resides in a jurisdiction
outside the United States (non-US resident).
FIXED WEIGHT
RTS, Mainframe
A commercial vehicle has been registered for the actual weight of the empty
vehicle plus the weight of the permanently mounted machinery or equipment
which must cover at least two-thirds (2/3) of the bed.
FLOOD DAMAGED
RTS, Mainframe,
Title
The vehicle has been damaged exclusively by flood water to the extent that
it meets the definition of a salvage vehicle.
FMCSA RESTRICTED
UNIT (PRISM LEVEL
CODE)
RTS, Mainframe
Data provided by TxIRP. A carrier account is out of compliance with
Performance and Registration Information Systems Management (PRISM).
The vehicle belongs to an unfit carrier, and the carrier is considered a risk.
FMCSA RESTRICTED
UNIT - UNSAFE
RTS, Mainframe
Data provided by TxIRP. This vehicle has been found unsafe to drive by the
Federal Motor Carrier Safety Administration (FMCSA). Repairs or
modifications and FMCSA inspection required before it can be operated
again.
HEAVY VEHICLE USE
TAX VERIFIED
RTS, Mainframe
Indicates that the clerk verified proof of payment of the Federal Heavy
Vehicle Use Tax or that the vehicle is exempt from payment.
HOT CK (Title or Regis)
Mainframe
A check in payment of title or registration related fees was not honored by
the bank on which it was drawn, and such check was returned to the payee
unpaid.
JUNKED on
(YYYY/MM/DD)
RTS, Mainframe
The vehicle described on the motor vehicle record is salvage, scrapped,
destroyed, or dismantled in such a manner that it loses its character as a
motor vehicle. The title or other legal evidence of ownership was
surrendered to TxDMV on (date) to advise the vehicle has been junked and
the title has been cancelled. Obsolete, but may still display on old records.
LEGAL
RESTRAINT-CONTACT
TxDMV (file #)
RTS, Mainframe
This remark includes a file number used to reference documentation
associated with an owner retained vehicle (OR#), court restraining order
(CR#), or other administrative stops (OP# or DC).
LIEN NOT RELEASED
RTS, Mainframe
The first lien was not released. (Only applies to JUNKED vehicles.)
LIEN2 NOT RELEASED
RTS, Mainframe
The second lien was not released. (Only applies to JUNKED vehicles.)
LIEN3 NOT RELEASED
RTS, Mainframe
The third lien was not released. (Only applies to JUNKED vehicles.)
MAIL RETURNED
RTS, Mainframe
The registration renewal mailed to the vehicle owner or registered owner’s
original or duplicate title (if issued prior to 9-01-01) was returned by the post
office to VTR as being undeliverable. Obsolete, but may still display on old
records.
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Remarks/Brands
Table 6-1
REMARK
Remarks/Brands
LOCATION
DESCRIPTION
MANUFACTURER
BUYBACK
RTS, Mainframe,
Title
This motor vehicle was returned to the manufacturer because of unresolved
warranty defects or a title brand has been carried forward from an
out-of-state title or evidence of ownership (Lemon Law).
MILEAGE EXCEEDS
MECHANICAL LIMITS
RTS, Mainframe,
Title
The odometer reading has exceeded the mechanical limits of the odometer.
For example, if the mechanical limitation of an odometer is a 5-digit reading,
it cannot record more than 99,999 miles.
MULTIPLE SURVIVORS
RTS, Mainframe,
Title
This remark will accompany the “SURVIVORSHIP” brand. The “MULTIPLE
SURVIVORS” brand may appear below the “SURVIVORSHIP RIGHTS”
brand when there are more than 2 persons in the agreement.
NMVTIS HOLD
MM/DD/YYYY
RTS, Mainframe
This remark appears on a record for which a NMVTIS inquiry has been
conducted and an error has been identified. This remark can be removed by
processing the transaction through the Correct Title Rejection event in RTS.
NONREPAIRABLE
CERTIFICATE OF TITLE
ISSUED
RTS, Mainframe
A Nonrepairable Certificate of Title (NRCOT) was issued prior to 9/2003 on
the motor vehicle indicating the estimated cost of repair was 95% or more of
the vehicle’s pre-damaged actual cash value. The vehicle may be rebuilt
and operated on public roads. Obsolete, but may still display on old title.
New titles will be branded “Rebuilt Salvage - Damaged.”
NONREPAIRABLE
VEHICLE TITLE ISSUED
RTS, Mainframe
A Nonrepairable Vehicle Title (NVT) was issued on or after 9/2003 on the
motor vehicle indicating the only residual value of the vehicle is as a source
of parts or scrap metal. The vehicle may not be rebuilt or operated on public
roads.
NOT ACTUAL MILEAGE
RTS, Mainframe,
Title
The mileage indicated on the vehicle’s odometer at the time of title transfer
or application filing was not the actual distance in miles that the vehicle has
been driven.
NO REGISTRATION –
ATV/UTV
RTS, Mainframe
Non street legal mini-bikes including 3 and 4-wheel all-terrain vehicles and
recreational off-highway vehicles that are required to be titled, but cannot be
registered with or without modifications.
NO REG/TTL GC
RTS, Mainframe
Effective 9-1-09 golf carts cannot be registered, with the exception of
Grayson County pursuant to TC 504.510. They may operate on certain
restricted public highways with a posted speed limit of 35 mph or less, but
are required to display a slow moving emblem.
ON LOAN TO EXEMPT
AGENCY
RTS, Mainframe
The vehicle is not owned by the user, such as a Driver Education vehicle,
and is registered by the user with Exempt License Plates but is not required
to be titled.
OWNED BY US
GOVERNMENT
RTS, Mainframe
The vehicle is leased from the U.S. Government and shall be registered with
regular registration, and a RPO receipt shall be issued in the name of the
lessee.
OWNER
SURRENDERED
(xxxxxxx)
Mainframe
The department has received the title or some other valid evidence of
ownership (as noted) on this vehicle from the owner of the vehicle. The title
record has been canceled.
PAPER TITLE
RTS, Mainframe
A paper title has been issued.
PERMIT REQUIRED TO
MOVE
(PARK MODEL TRAILER)
RTS, Mainframe,
Title
The vehicle information selected on the Class/Plate/Sticker screen qualifies
this vehicle as a Park Model Trailer that exceeds length and/or width
limitations. An oversize and/or overweight permit will be required to move
the vehicle on public roads.
PLATE AGE
RTS, Mainframe
Reflects the number of years the license plates have been assigned for
display on the vehicle for which the plates were originally issued. This will
vary from the word "ANNUAL" to a numeric character.
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TxDMV April 2014
Remarks/Brands
Table 6-1
REMARK
Remarks/Brands
LOCATION
DESCRIPTION
PLATE REMOVED FROM
VEHICLE
Mainframe
When an owner submits a Vehicle Transfer Notification (VTR-346), online or
on paper AND selects that they kept their plates, the phrase PLATE
REMOVED FROM VEHICLE is added to the mainframe remarks along with
the VEH TRANSFERRED: YYYY/MM/DD remark.
PLATES SEIZED
RTS, Mainframe
Law enforcement has removed the license plates.
PRIOR CCO ISSUED
RTS, Mainframe
A Certified Copy of An Original Texas Certificate of Title (CCO) was used to
file for a corrected title with no change of ownership. This remark will show
on the vehicle record but it will not print on the title document.
PRIVATE LAW
ENFORCEMENT
VEHICLE
RTS, Mainframe
Any vehicle that is owned or leased by a governmental entity, a police
department of an educational institution that commissions peace officers, or
a peace officer authorized to use a personal vehicle for law enforcement
purposes.
REBUILT SALVAGE –
DAMAGED
RTS, Mainframe,
Title
The title transaction was supported by a Texas Salvage ownership
document, or was carried forward from the previous Texas motor vehicle
record. If titled prior to 9-1-2003, then SCOT was issued. If titled on or after
9-1-2003, then SVT was issued.
REBUILT SALVAGE –
ISSUED BY: (STATE)
RTS, Mainframe,
Title
This remark includes the 2-letter abbreviation for the other state or country
which issued a salvage certificate/certificate of title and supported the title
transaction, or was carried forward from the previous Texas motor vehicle
record.
REBUILT SALVAGE LOSS UNKNOWN
RTS, Mainframe,
Title
The title transaction was supported by a Texas Salvage Certificate, or was
carried forward from the previous Texas motor vehicle record. Degree of
damage is unknown. Obsolete, but still displays on old records.
REBUILT SALVAGE95% PLUS LOSS
RTS, Mainframe,
Title
The title transaction was supported by a Texas Nonrepairable Certificate of
Title, or was carried forward from the previous Texas motor vehicle record.
Obsolete, but still displays on old records.
REBUILT SALVAGE75-94% LOSS
RTS
The title transaction was supported by a Texas Salvage Certificate of Title,
or was carried forward from the previous Texas motor vehicle record.
Obsolete, but still displays on old records.
RECONDITIONED
RTS, Mainframe,
Title
The vehicle was damaged by collision, fire, hail, or other types of damage
(other than by flood) and rendered a total loss by an insurance company.
The vehicle was later placed in operable condition, the salvage title was
surrendered and application for title was filed. A valid Texas title was issued,
and the notation “RECONDITIONED” was reflected on the new title and
carried forward on all subsequent Texas titles. Obsolete but still displays on
old records. (NOTE: This remark was replaced with a “REBUILT
SALVAGE-DAMAGED” remark for Texas titles issued on and after 8-1-97.)
RECONSTRUCTED
RTS, Mainframe,
Title
The vehicle has been converted in such a manner that it no longer
resembles the vehicle as originally manufactured.
REFUND PENDING
REGIS REFUND
REFUND: Y/N
RTS, Mainframe
A refund has been authorized by a Regional Office but has not been claimed
by the owner of record. (The vehicle cannot be transferred unless the
vehicle is reregistered or the refund is voided.)
REG INSUFFICIENT
FUNDS
RTS
A check in payment of registration related fees was not honored by the bank
on which it was drawn, and such check was returned to the payee unpaid.
REGISTERED BY
RTS, Mainframe
This remark is used for the name of an individual or business other than the
owner, who is registering the vehicle.
REGISTRATION INVALID
RTS, Mainframe
The registration is not valid. Example – After a refund is processed or a
Salvage Vehicle Title is issued, the registration is invalid.
Motor Vehicle Title Manual
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TxDMV April 2014
Remarks/Brands
Table 6-1
REMARK
Remarks/Brands
LOCATION
DESCRIPTION
REGISTRATION
PURPOSES ONLY
RTS, Mainframe
Texas issued registration only. The negotiable title for the vehicle was
issued by another state, and remains the negotiable evidence of ownership.
REPLICA
RTS, Mainframe,
Title
An established make of a previous year model vehicle has been assembled
as a new vehicle or built by a motor vehicle manufacturer.
RIGHTS OF
SURVIVORSHIP
Title
A survivorship agreement signed by two or more eligible persons indicating
that the vehicle is held jointly was filed with the title transaction. As of April
2012, this was renamed “SURVIVORSHIP RIGHTS”, however existing
records may still display this remark. (Same as SUVIVORSHIP RIGHTS).
SALVAGE CERTIFICATE
ISSUED
RTS, Mainframe
Indicates that a salvage certificate was issued on the motor vehicle.
Discontinued remark 9-1-03. Obsolete but still displays on old records.
SALVAGE CERTIFICATE
OF TITLE ISSUED
RTS, Mainframe
Indicates that a Salvage Certificate of Title (SCOT) was issued on the motor
vehicle because the estimated cost of repair was 75% or more of the
vehicle’s pre-damaged actual cash value. Obsolete but still displays on old
records, (Became SALVAGE VEHILCE TTITLE ISSUED).
SALVAGE VEHICLE
TITLE ISSUED
RTS, Mainframe
Indicates that a Salvage Vehicle Title (SVT) was issued on the motor vehicle
because the estimated cost of repair was greater than the vehicle’s
pre-damaged actual cash value. Implemented 9-1-03.
SALVAGED ON
YYYY/MM/DD and
SALVAGE YARD #####
RTS, Mainframe
When a license salvage dealer surrenders a title to the department the
vehicle record will show these two remarks.
SCHEDULED FOR
DELETION
RTS, Mainframe
Upon request from a County Tax Assessor-Collector, a record may be
deleted by VTR prior to issuance if record was incorrectly accessed or a
customer does not return to the County Tax Assessor-Collector to correct a
rejected transaction.
SOLID TIRES
RTS, Mainframe
The vehicle is equipped with solid rubber tires.
SPECIAL EXAMINATION
REQUIRED
RTS, Mainframe
Transactions marked for special handling that the county considers
“questionable” and are requesting headquarters to re-examine.
STICKER SEIZED
RTS, Mainframe
The county was notified by law enforcement that the registration sticker has
been seized.
STOLEN – VERIFY TCIC
BY VIN
RTS
DPS has notified VTR that the vehicle has been reported stolen. Check with
reporting police agency that placed the remark in the NCIC-TCIC (National
Crime Information Center-Texas Crime Information Center) files to see if the
vehicle is still stolen or if a recovery notice has been received within the past
few days. The placing and removal of stolen remarks in the VTR computer is
done weekly by the Texas Department of Public Safety.
SURVIVORSHIP RIGHTS
RTS, Mainframe,
Title
A survivorship agreement signed by two or more eligible persons indicating
that the vehicle is held jointly was filed with the title transaction. (Same as
above). (SAME AS RIGHTS OF SURVIVORSHIP). However this brand may
be accompanied by up to two printed names (of the persons) or the
“MULTIPLE SURVIVORS” brand if more than two persons are involved.
TCEQ-EMISSION PRGM
NON-COMPLIANCE
EMISSIONS TEST: (T)
RTS, Mainframe
The vehicle was a) detected as a potential gross polluter while being
operated in a county in which emission testing is required, and has not
passed an emissions test; or b) qualified as part of a low-income
accelerated vehicle retirement program (LIRAP), and its required parts must
be destroyed or removed in accordance with state and federal regulations.
TITLE APPLICATION
AWAITING RELEASE
RTS, Mainframe
This remark indicates that a Texas titled vehicle has been transferred and
an application for a new title by the new owner has been received by VTR. A
new title is in the process of being issued.
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TxDMV April 2014
Remarks/Brands
Table 6-1
REMARK
Remarks/Brands
LOCATION
DESCRIPTION
TITLE HELD AWAITING
DPS OK
RTS, Mainframe
A title transaction is awaiting confirmation from the Department of Public
Safety that the vehicle is not a stolen vehicle.
TITLE REJECTED
RTS, Mainframe
The title transaction has been rejected and returned to the county tax office
that originally processed the transaction for correction.
TITLE REVOKED
RTS, Mainframe
The title document number shown on the motor vehicle record has been
revoked as a result of fraudulent evidence, false information, a stolen or
converted vehicle, failure to provide proper evidence of ownership and
documentation, revoked ownership and documentation, or revoked
registration.
TITLE SUPERSEDED
RTS, Mainframe
A title transaction is in process on this motor vehicle record. The superseded
record is no longer valid. A new transaction (record) has taken the place of
the previous record.
TITLE SURRENDERED
TO: (2-letter STATE
ABBREVIATION) ON
(MM/DD/YYYY)
RTS, Mainframe
A Texas-titled vehicle has been taken to another state, and its owner applied
for a title in the new state. The new state returned the Texas title to the
department with a “surrendered” notice. Date on remark is date VTR
received the notice.
TITLE WAITING TO
PRINT
RTS
A title transaction is in process.
TITLE WAITING TO
PRINT (REPRINT)
RTS
A title transaction is in process.
TOLL SCOFFLAW: (TOLL
ROAD AUTHORITY)
RTS, Mainframe
This remark indicates that the vehicle owner has an outstanding toll road
violation from the named toll road authority.
VEHICLE CRUSHED
MM/DD/YYYY
RTS, Mainframe
Indicates that a metal recycler has reported this vehicle as destroyed
(crushed).
VEHICELE
TRANSFERED:
(MM/DD/YYYY)
RTS, Mainframe
The recorded owner notified TxDMV that on a specific date they sold,
donated or traded their vehicle.
VIN CERTIFICATION
WAIVED
RTS, Mainframe,
Title
The DPS Form VI-30 (Out-of-State Identification Certificate form) was not
provided when an O/S vehicle was first titled in Texas, when a vehicle was
apprehended or with Title-Only applications. Remark is used to advise the
county tax offices to require a new title application that includes the VIN
certification form if the vehicle is registered at a later date on any
subsequent Texas title applications.
VIN IN ERROR
RTS, Mainframe
The vehicle identification number (VIN) is in error or the year model is 1980
or older and the VIN is not a 17-digit VIN.
Motor Vehicle Title Manual
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TxDMV April 2014
Chapter 7
CORRECTIONS
This chapter contains the following sections:
• 7.1 Statements of Fact
• 7.2 Corrected Manufacturer’s Certificate of Origin (MCO)
• 7.3 “Title Rejected” Corrections (Formerly “Resubmits”)
• 7.4 Corrected Texas Certificates of Title
• 7.5 Incorrect Lien Recorded
• 7.6 Name Change Due to Marriage
• 7.7 Two-Chain Record of Title
• 7.8 Owner’s Record Superseded
• 7.9 Switched Evidence
• 7.10 Vehicle Description Corrections
• 7.11 Motor and Permanent VIN Errors
• 7.12 Out of State Make, Year Model, and Body Style Errors
• 7.13 Commercial Vehicles
• 7.14 Optional Classification Vehicle
• 7.15 Buses
• 7.16 Adjusting Weights
7.1
Statements of Fact
Statements of Fact are requested to explain errors, corrections, or conditions from which
doubt does or could arise concerning the legality of any document. A person relevant to
the issue in question is usually required to complete a statement of fact.
Some conditions, however, arise which necessitate that a particular person complete the
statement of fact as shown in the following examples.
• When the purchaser's name or date on the assignment has been erased or blacked out,
the execution of the statement is restricted to the seller.
• When there is any question relating to the lien information, the execution of the
statement is restricted to the lienholder.
• When the lien information is completely erased on the assignment of manufacturers’
certificates, the execution of the statement is restricted to the seller shown on the
assignment.
• When the name on a title is different from the signature on an assignment (because of
a name change resulting from marriage or divorce, or indicates Sr./Jr.), the execution
of the statement is restricted to the person in question.
The statement of fact must properly identify the vehicle. The vehicle description should
include, at the minimum, the vehicle identification number.
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TxDMV April 2014
Corrected Manufacturer’s Certificate of Origin (MCO)
To reduce the requirement for Statements of Fact only line through incorrect information
on the assignment or any other document and show the correct information. VTR does not
allow the use of white-out or liquid paper on any title transfer documents. If an obvious
error is lined through and the correct information is shown, VTR accepts the transaction
provided there is no conflict elsewhere in the transaction.
Altered Date of Assignment
If the date of sale on an assignment has been erased or altered in any manner, the seller
must attach a statement of fact verifying the actual date of sale and furnishing a
satisfactory explanation as to why the assignment was erased or altered. This statement
from the seller is not necessary if the delinquent transfer penalty is collected.
7.2
Corrected Manufacturer’s Certificate of Origin (MCO)
Incorrect Vehicle Identification Number (VIN)
If the evidence supporting a Texas application is an MCO and the vehicle identification
number is erroneous, illegible, or altered, a corrected MCO showing the correct number is
required.
In the event the vehicle identification number is recorded in error on a Texas title
(supported by an incorrect MCO as revealed by VTR records) and the vehicle is less than
two years old, not counting the present year model, a corrected MCO showing the correct
number is required. The procedure to obtain a corrected MCO is as follows:
• In some cases, the manufacturer may require a letter from this department stating that
the MCO has been recorded and destroyed.
• The dealer or distributor to whom the MCO was issued should request a corrected
certificate from the manufacturer. They should attach the above mentioned letter to the
request, if required.
Dealers should file the application for corrected title supported by the incorrect negotiable
Texas Title (or a Certified Copy of Texas Title) and the corrected MCO with the County
Tax Assessor-Collector.
The VIN on the MCO must be the same as stamped on the vehicle identification number
plate by the manufacturer.
If an error exists in the motor or vehicle identification number and the application for
Texas title is supported by out-of-state evidence, refer to Out of State Make, Year Model,
and Body Style Errors for correction procedure.
Incorrect Weight
VTR accepts a corrected MCO, if the MCO is invoiced to a dealer in another state and the
gross vehicle weight is omitted. Counties can often determine weight from the model and
VIN number.
Motor Vehicle Title Manual
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TxDMV April 2014
“Title Rejected” Corrections (Formerly “Resubmits”)
VTR accepts a letter from the manufacturer instead of a corrected MCO. The letter should
be on the manufacturer’s official letterhead and should include a description of the vehicle
model series and the gross vehicle weight for the vehicle model. The manufacturer should
provide the letter to Texas franchised dealers, who should then provide it to the County
Tax Assessor-Collector when processing the title and registration transaction for the
vehicle. A photocopy of the manufacturer’s letter is acceptable.
7.3
“Title Rejected” Corrections (Formerly “Resubmits”)
All “Title Rejected” transactions must be processed through the Correct Title Rejection
event in RTS even when a data entry correction is not required. “Rejections” for missing
signatures, forms, or other paper documentation, which do not affect the way the record is
entered into RTS, should now be processed through the Correct Title Rejection event.
When processing these “corrections,” process the transaction through the event from start
to finish without making any data entry modifications. Upon completing this process, a
new Form VTR-500-RTS is generated with a new document number. This will clear the
“REJECTION” from the record and allow the transaction to be processed as normal.
7.4
Corrected Texas Certificates of Title
Processing Corrected Titles
Owners may correct errors on Texas titles by filing an application for corrected title with
the County Tax Assessor-Collector. However, the County Tax Assessor-Collector may
not waive the title fee or issue a “no charge” VTR-500-RTS. The only process for
correcting errors without charge is through the department.
Mark the correction block on the application for corrected title when there is a correction
to the description of a vehicle.
• The applicant who needs to change or correct the description of a vehicle must have
the basic evidence of ownership in their name or the evidence assigned to them. In the
case of a transfer of ownership, the purchaser may use an application to make the
correction and transfer ownership at the same time.
• When an application for corrected title is filed to correct the description of vehicle or
name of owner and the correction does not require the collection of an additional
registration fee, the applicant's copy of the Form VTR-500-RTS serves as a corrected
registration receipt.
• When a vehicle is changed from a classification requiring the issuance of a title to a
classification which does not require titling, the applicant should not surrender the title
to this department for cancellation. (Example: A titled trailer licensed with regular
trailer registration is subsequently changed to the farm trailer registration
classification.) The owner should retain the certificate of title as their evidence of
ownership.
No Charge Corrected Titles
The following procedures apply when a vehicle owner/lienholder notifies a county tax
office or VTR of a title error caused by a county office or the department that is verifiable
by department records.
Motor Vehicle Title Manual
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TxDMV April 2014
Corrected Texas Certificates of Title
1.
If a customer informs a county tax office that a title is in error, the county should
contact their Regional Service Center to determine and validate a data entry error
occurred.
2.
The Regional Service Center verifies the error by reviewing title history documents. If
confirmed, region personnel complete and issue an authorization form indicating:
•
•
Specific item(s) requiring correction
The Filenet number (if applicable)
Note: If the customer contacts a Regional Service Center or VTR headquarters to
advise that a title is in error, VTR reviews and examines the title history
documents. If confirmed, VTR directs the applicant to submit the title to their
local county tax office for correction either in-person or via mail. The
appropriate Regional Service Center will issue a correction letter and
coordinate the correction with the applicant’s county tax office. The county
tax office will process the correction.
3.
Regional Service Centers then fax or e-mail the completed authorization form directly
to the county tax office to grant authorization to process a corrected title transaction
through RTS at no additional charge.
•
•
In-person corrected transaction(s) requires the customer’s signature on the
Regional Authorization Form. A county deputy should obtain the customer’s
signature prior to processing the title correction.
Mail-in transaction(s) must include a written request from the applicant (i.e.
signature not required on Authorization form).
Note: Regional Service Center personnel only issue authorizations and provide the
authorization form directly to county tax offices.
4.
The county tax office processes the transaction through the Corrected Title event in
RTS at no charge. The corrected title transaction should include the following
documents:
•
•
•
Regional Service Center Authorization form, with customer acknowledgment, or
Written request (if mail-in)
Incorrect title (if applicable)
RTS title application receipt
Note: The above procedures:
•
•
Are not applicable in situations where the title applicant caused the error. In
such cases, the owner/lienholder must apply for a corrected title and pay the
statutory fee.
Do not apply if the vehicle has been sold. The county should make the
correction at the time of transfer and collect all applicable fees.
Motor Vehicle Title Manual
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TxDMV April 2014
Incorrect Lien Recorded
•
Do not apply in situations where VTR is required to revoke the title record
(i.e. lien omits or lien in error).
VTR does not issue a corrected title when it cannot confirm the error by department
records. The applicant must file an application for corrected title with the County Tax
Assessor-Collector supported by proper evidence to substantiate the correction.
Record Showing Prior CCO Issued
When a corrected title is requested with no change of ownership and the vehicle record
indicates that a certified copy has been issued, the corrected title issued is a certified copy.
All subsequent certificates of title bear the words “Certified Copy” and the vehicle record
indicates a “Prior CCO Issued” notation until the motor vehicle is transferred to a new
owner. The new owner receives an original title or a registration receipt if the title reflects
a lien.
Examples of when a corrected title is issued as a certified copy when a certified copy
certificate of title exists are when:
• An application for a corrected title is filed through a county tax office to record or
remove a lien; or
• A title is issued incorrectly and a corrected title is issued by VTR to correct the error.
7.5
Incorrect Lien Recorded
If a lienholder’s name is recorded in error on a Texas title, the lien may be released, and/or
an application for corrected title filed with a statement of fact from the lienholder stating
that they are the correct lienholder and there is no such lienholder as that recorded on the
title. In addition, the lienholder must attach a copy of the security agreement to the
transaction.
7.6
Name Change Due to Marriage
VTR may approve an application for corrected title changing the wife's maiden name to
her married name provided a statement “Name Change Due to Marriage” is attached or
shown on the application. However, if the wife desires to transfer her title from her name
to her and her husband's name, then she must complete an assignment of title and they
should file an application for transfer of title.
7.7
Two-Chain Record of Title
A “two-chain” record of title is created when the records of VTR show that two different
vehicles of the same make have the same motor or vehicle identification number (VIN).
Removing Duplicate Records
If it is determined by VTR's title records and the evidence submitted that two titles have
been issued for one vehicle, the two-chain is automatically broken; and the title record
with the oldest date or title number is removed. The determining factors in this situation
are the year model, VIN, body style, license number, previous title record, and name(s) of
owner(s).
Motor Vehicle Title Manual
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TxDMV April 2014
Owner’s Record Superseded
VIN in Error
If the transaction being examined has two or more title records in the computer system and
VTR determines that a “two-chain” exists, the “two-chain” may be broken by returning
the transaction for a pencil tracing of the motor or VIN. The title record covering the other
vehicle should be marked “VIN IN ERROR”.
•
•
7.8
When the pencil tracing returns to VTR and the tracing shows the number to be the
same as the number on file, VTR issues title. The “VIN IN ERROR” remains on the
other title record.
If a returned pencil tracing shows a number different from the records of this
department, the complete transaction is handled in the same manner as discussed in
Chapter 13, “Vehicle Identification Numbers” regarding VIN errors. The “VIN IN
ERROR” is then removed from the other title record.
Owner’s Record Superseded
When a vehicle owner attempts to renew the vehicle’s registration and their record
appears superseded due to a later title transfer, they should order a title history.
If the VIN on the vehicle matches the VIN on the owner’s title or if the title history reveals
that the title was transferred due to an input error, such as an incorrect VIN or license plate
number being accessed during the transfer, the Regional Service Center notifies the
department to reinstate the title record and place a “VIN IN ERROR” on the subsequent
title record. After the record is reinstated, the owner can renew their vehicle registration
through their county tax office.
7.9
Switched Evidence
If evidence of ownership for two vehicles is switched VTR can correct the errors by one of
the following methods:
Incorrect Entries
If Texas titles are switched on two vehicles and, as a result, incorrect titles are issued on
each vehicle, the first owner discovering the error should make a pencil tracing of the
motor or vehicle identification number (VIN) and prepare a statement of fact stating that
they did not make any change in the description of the vehicle and that the incorrect
evidence was assigned to them at the time the vehicle was purchased. The owner should
file an application for corrected title supported by the incorrect title, the pencil tracing, and
the statement of fact. The County Tax Assessor-Collector’s office should process the
application in RTS and then submit the transaction to VTR in a separate envelope marked
“Switched Evidence.”
Upon arrival VTR checks the title record and contacts the other owner by letter requesting
they follow the same procedure to correct their title. It is also possible for each owner to
assign their incorrect title to the other and then file an application for corrected title.
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TxDMV April 2014
Vehicle Description Corrections
Switched MCOs and One Vehicle Titled
If a dealer switches Manufacturer's Certificates of Origin (MCOs) and one vehicle is titled
before the error is discovered, the dealer should assign the correct MCO to the proper
owner. They should contact the recorded owner and/or lienholder to obtain the incorrect
Texas Title. The dealer should also apply for a duplicate MCO from the manufacturer on
the vehicle that is still in stock. Upon receipt of the incorrect title, the dealer should file an
application for corrected title supported by the correct MCO and the incorrect title.
Switched MCOs and Both Vehicles Titled
If a dealer switches MCOs and both vehicles are titled before the error is discovered, the
dealer must file a case with the county or district court before VTR can alter the ownership
records (refer to Chapter 8, “Refusal/Denial of Title”). It is also possible for each owner to
assign their incorrect title to the other and corrected applications for titles filed.
7.10 Vehicle Description Corrections
An application for corrected title supported by proper evidence is required:
• to correct the VIN, make, year model, weight, or body style of a vehicle;
• when a change has occurred in any of the three basic component parts of a motor
vehicle (motor, frame, and body) which alters the appearance of the motor vehicle or
removes that component part upon which the identifying number of the motor vehicle
is located (Refer to the TxDMV Assembled and Rebuilt Vehicle Manual).
The applicant who desires to change or correct the description of a vehicle must have the
basic evidence in his or her name, or the evidence assigned to the applicant. If transfer of
ownership is involved, the purchaser may use an application for title to make the
correction and transfer ownership at the same time.
7.11 Motor and Permanent VIN Errors
Correcting a title that records an incorrect motor number or VIN is the same as for any
vehicle description correction; however, a pencil tracing of the VIN is required. If it is not
possible to obtain a pencil tracing due to the location of the vehicle identification number,
VTR may accept a Statement of Physical Inspection, Form VTR-270.
MCO in Error
If VTR’s records reveal the VIN on the Manufacturer's Certificate of Origin (MCO) is in
error on a vehicle two or less years old (not including the current year model), the
applicant must attach a corrected MCO to the transaction before VTR can issue a title. If
the motor vehicle is more than two years old (not including the current year model) and
the applicant desires to correct a one or two character error, a pencil tracing of the VIN
must support the application for corrected title. If it is not possible to obtain a pencil
tracing due to the location of the VIN, VTR may accept a Statement of Physical
Inspection, Form VTR-270.
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Motor and Permanent VIN Errors
Errors of VIN Characters
If an applicant desires to correct an error of more than two characters in the VIN, and the
correction does not agree with VTR’s records, a corrected MCO or a bill of sale for
“Motor Only” or “Body Only,” if applicable, must support the application for corrected
title. If, however, the motor vehicle is over two years old and the evidence unobtainable,
the owner must request a Tax Assessor-Collector Hearing or obtain a court order. (If
out-of-state evidence supported the first Texas title application, refer to Out of State
Make, Year Model, and Body Style Errors.
Out of State Vehicles (One or Two VIN Characters)
In the event an error of one or two characters is detected in the VIN on a Texas title and
the VTR records reveal that the first application for Texas title was supported by out of
state evidence, the owner may correct the error by filing an application for corrected title
supported by the incorrect Texas title and a pencil tracing of the correct number. If it is not
possible to obtain a pencil tracing, the owner must complete a Statement of Physical
Inspection, VTR-270.
Out of State Vehicles (More than Two VIN Characters)
In the event an error of more than two characters in the vehicle identification number is
detected on a Texas title and the records of this department reveal that the first application
for Texas title was supported by out-of-state evidence, the error is corrected only upon
verification of the correct number from the issuing state; otherwise, the owner must obtain
corrected out of state evidence. If a corrected out-of-state title or verification is
unobtainable, the owner must request a “Tax Collector’s Hearing.” (Refer to Chapter 8,
“Refusal/Denial of Title”.) Refer to the TxDMV Assembled and Rebuilt Vehicle Manual
if a motor or body change has been made. An Out-of-state Identification Certificate,
Form VI-30, issued by a State appointed Safety Inspection Station must support the
application for corrected title.
Error on Out of State Evidence (One or Two Characters)
If a one or two character error in the vehicle identification number is discovered on the
out-of-state evidence while processing the application for Texas title, the error can be
corrected without verification from the authorities of the issuing state. The owner must
provide the application for title showing the correct VIN, supported by the out-of-state
evidence, the Out-of-state Identification Certificate, copy of the registration receipt, and a
pencil tracing of the correct vehicle identification number. If it is not possible to obtain a
pencil tracing, VTR accepts a Statement of Physical Inspection, Form VTR-270,
verifying the correct vehicle identification number. In the event an error is discovered in
the vehicle identification number on the Out-of-state Identification Certificate, Form
VI-30, VTR requires a corrected certificate.
Physically Altered VINS
An assigned number is required when a motor or vehicle identification number has been
removed, changed, or obliterated. Refer to Chapter 13, “Vehicle Identification Numbers”
for information on assigned numbers.
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Out of State Make, Year Model, and Body Style Errors
Lack of Basic Evidence
You must contact VTR for information before filing an application to correct the
description if the applicant or the County Tax Assessor-Collector can not determine the
basic evidence which supported the first Texas title.
7.12 Out of State Make, Year Model, and Body Style Errors
If an applicant desires to correct an error in the make, year model, or body style, no
evidence is required to correct the error if the correct make, year model, or body style can
be determined from VIN specifications or VTR's records. However, if the error remains
unconfirmed, the customer must attach evidence of ownership for the change involved or
verification from the proper out-of-state authorities and pay the application fee for a
corrected title.
When an error can be confirmed by records, VTR authorizes counties to correct the error
without charge.
The make of vehicle, year model, and body style as shown on the out-of-state evidence
must agree with the description as shown on the Out-of-state Identification Certificate,
Form VI-30, except when the out-of-state evidence is in error or there is a mistake in the
description of vehicle and the vehicle identification number verifies the correct vehicle
make, year model, or body style. If the vehicle make, year model, or body style is in error
on the out-of-state evidence but appears correctly on the Out-of-state Identification
Certificate, it is not necessary to obtain verification from the state that issued the incorrect
evidence of ownership. If the out-of-state evidence is correct but the Out-of-state
Identification Certificate is in error, VTR does not require a corrected certificate.
7.13 Commercial Vehicles
The method and necessity of correcting a title for a commercial vehicle regarding errors in
the make, year model, body style, or vehicle identification number is generally the same as
that discussed in preceding paragraphs of this section. However, there is some difference
in details.
Transportation Code Section 502.001 (7)
“Commercial motor vehicle” means a motor vehicle, other than a motorcycle, designed
or used primarily to transport property. The term includes a passenger car reconstructed
and used primarily for delivery purposes. The term does not include a passenger car used
to deliver the United States mail.
Converted Passenger Vehicles
In the event a passenger vehicle is converted by means of a permanent body change into a
commercial vehicle, correction of the title and exchange of registration is required. (Refer
to the TxDMV Motor Vehicle Registration Manual for the procedure to exchange
registration.) Evidence required to support the application for a corrected title is:
• owner's negotiable title,
• weight certificate,
• copy of the commercial registration receipt,
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Commercial Vehicles
•
•
photos of the vehicle, and
Rebuilt Vehicle Statement, Form VTR-61, with a statement explaining what alteration
were made to the vehicle.
Pickup Trucks
Counties must correct registration classification and title to describe a pickup if a
customer removes a vehicle trunk lid and installs a pickup bed. Evidence required to
support the application for a corrected title is:
• owner's negotiable title,
• photos of the exterior, and
• Rebuilt Vehicle Statement, Form VTR 61, with a statement explaining what alteration
were made to the vehicle.
Passenger cars converted to commercial vehicles must be registered with a minimum
carrying capacity of 1,000 pounds.
Station Wagons
Counties should correct cases where owners modify regular station wagon-type passenger
vehicles to commercial vehicles in the following manner:
• the seats (except front seat) were completely removed
• the side windows in back of the front doors were painted and fastened so they cannot
lower or open
• further alteration may have occurred, such as removing the rear section of the body)
Counties should classify these as commercial vehicles and correct the title to show
“panel” as the body style. The owner must change license plates from passenger to
commercial showing the carrying capacity not less than 1,000 pounds. The owner must
submit a Rebuilt Vehicle Statement, Form VTR-61, stating that the above changes have
been made, a photograph, and a weight certificate with the application for corrected title.
Trucks Converted to Truck Tractors
In the event a truck is converted into a truck tractor and the registration classification is
changed from “truck” to “combination”, an exchange of license plates is required; but the
owner is not required to correct his or her title unless the change is a major permanent
reconstruction. In this instance, the owner must file an application for corrected title.
Evidence required to support the application for a corrected title is:
• owner's negotiable title,
• weight certificate,
• photos of the exterior and interior, and
• Rebuilt Vehicle Statement, Form VTR 61, with a statement explaining what alteration
were made to the vehicle.
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Optional Classification Vehicle
Truck Tractors Converted Into Trucks
If a truck tractor is converted into a truck and the registration classification is changed
from “combination” to “truck,” and the change involves a major permanent
reconstruction, such as when the frame of a truck tractor is altered to accommodate the
installation of a different type bed or body then the owner must exchange license plates
and file an application for corrected title. Evidence required to support the application for
a corrected title is:
• owner's negotiable title,
• weight certificate,
• photos of the exterior and interior, and
• Rebuilt Vehicle Statement, Form VTR 61, with a statement explaining what alteration
were made to the vehicle.
Truck Tractors Converted To Passenger Vehicles
If a truck tractor is converted into a passenger vehicle, the owner has the option to register
the converted truck tractor with passenger plates. If the owner wishes to change to
passenger plates, the registration classification is changed from “combination” to “motor
home.” An exchange of license plates is required; but the owner is not required to correct
his or her title unless the change is a major permanent reconstruction . In this instance, the
owner must exchange license plates and file an application for corrected title. Evidence
required to support the application for a corrected title is:
• owner's negotiable title,
• weight certificate,
• photos of the exterior and interior, and
• Rebuilt Vehicle Statement, Form VTR 61, with a statement explaining what alteration
were made to the vehicle..
Note: When a title is issued for this type of vehicle, the notation “Reconstructed” is
recorded on the title. Under no circumstances authorize a refund in
registration fees when a combination plate is exchanged for truck plates as
the result of a reconstruction change
7.14 Optional Classification Vehicle
If an optional classification vehicle is initially registered and titled as a passenger car, the
owner may later choose to exchange the plates for commercial plates or reregister the
vehicle with commercial plates. If so, an application for corrected title is required to
establish the gross vehicle weight if it has not already been established and recorded on
the outstanding title.
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Buses
7.15 Buses
Buses reconstructed by completely removing the seats (except driver's seat) are classified
as commercial vehicles and the title must be corrected to show 3,000 lbs. van or 4,000 lbs.
van, depending on the carrying capacity for the chassis. The carrying capacity cannot be
less than 3,000 pounds. In addition, the operator must exchange registration for
commercial. The following is required to support the application for corrected title:
• owner's negotiable title,
• Rebuilt Vehicle Statement, Form VTR-61, explaining the change,
• a weight certificate, and
• a photograph of the interior of the finished vehicle.
Note: The corrected title shows the RECONSTRUCTED remark.
7.16 Adjusting Weights
To lower the weight on a passenger vehicle, an application for corrected title must be filed
with the following documentation:
1. If the department records reveal the original evidence of ownership is a Manufacturer's
Certificate of Origin (MCO), the weight cannot be lowered below the weight recorded
without a corrected MCO; or if rebuilt or altered, a weight certificate verifying the
gross weight, and a Rebuilt Vehicle Statement, Form VTR-61, explaining the
alteration.
2.
If the original evidence is from out-of-state, a weight certificate or reference to the
Branham Automobile Reference Book should be used to determine the correct weight.
Note: The Branham Guide lists the weight of standard models (no optional
equipment). If this reference is used, consideration must be given to include
all optional equipment in the weight (such as air conditioners, automatic
transmissions, etc.).
To lower the weight on a commercial vehicle, a weight certificate must be attached to an
application for corrected title.
A refund will not be issued if the gross weight of a commercial vehicle is lowered
during a registration year.
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Chapter 8
REFUSAL/DENIAL OF TITLE
This chapter contains the following sections:
• 8.1 Grounds for Refusal to Issue, or for Revocation or Suspension of Title
• 8.2 Appeal Hearings for Title Refusal to Issue or Revocation or Suspension
• 8.3 Tax Assessor-Collector Hearing
• 8.4 Bonded Title
• 8.5 Denial for Failure to Provide Proof of Emissions Testing
• 8.6 Denial for Safety Responsibility Suspension
8.1
Grounds for Refusal to Issue, or for Revocation or
Suspension of Title
Transportation Code Section 501.051
(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
(7) the required fee has not been paid.
(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;
(3) a statement that the vehicle:
(A) was never in the possession of the title applicant; or
(B) was in the possession of the title applicant; and
(4) the signatures of the dealer, the applicant, and any lienholder.
(c) A rescission, cancellation, or revocation containing the statement authorized
under Subsection (b)(3)(B) does not negate the fact that the vehicle has been the
subject of a previous retail sale.
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Appeal Hearings for Title Refusal to Issue or Revocation or Suspension
This section of the title law delegates authority to the department to require that applicants
furnish certain information and evidence of ownership to support the issuance of title.
Such authority gives the department the right to reject any application for Texas certificate
of title that fails to show the required information.
• Once a title rejection is requested, VTR places the registration and title record of the
vehicle in a state of suspense.
• VTR may not accept the application at any future date until the reason for rejection has
been corrected.
• VTR may not renew the vehicle registration.
• VTR may not accept an application for title until the collection of all proper fees.
Note: To collect additional fees, counties should use the RTS Additional Collections
event. Make corrections on the appropriate documents and process the title
record data correction in the “Correct Title Rejection” event.
Rejections due to Fraud
VTR cannot honor requests for the rejection of applications for “skips,” “hot checks” and
“fraudulent deals” unless a county or district court of competent jurisdiction issues a
restraining order.
Stolen Vehicles
Under certain conditions, VTR suspends or revokes a title until a correction occurs. For
example: If notice is received from a law enforcement agency or the National Automobile
Theft Bureau that a Texas certificate of title showing a fictitious vehicle identification
number has been issued, the title is revoked until the matter has been corrected. Refer to
Chapter 13, “Vehicle Identification Numbers”.
8.2
Appeal Hearings for Title Refusal to Issue or
Revocation or Suspension
Transportation Code Section 501.052
(a) An interested person aggrieved by a refusal, rescission, cancellation,
suspension, or revocation under Section 501.051 may apply for a hearing to the
county assessor-collector for the county in which the person is a resident. On
the day an assessor-collector receives the application, the assessor-collector
shall notify the department of the date of the hearing.
(b) The assessor-collector shall hold the hearing not earlier than the 11th day and not
later than the 15th day after the date the assessor-collector receives the
application for a hearing.
(c) At the hearing, the applicant and the department may submit evidence.
(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.
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Tax Assessor-Collector Hearing
(e) An applicant aggrieved by the determination under Subsection (d) may only
appeal to the county or district court of the county of the applicant's residence. An
applicant must file an appeal not later than the fifth day after the date of the
assessor-collector's determination. The judge shall try the appeal in the manner of
other civil cases. All rights and immunities granted in the trial of a civil case are
available to the interested parties. If the department's action is not sustained, the
department shall promptly issue a title for the vehicle.
8.3
Tax Assessor-Collector Hearing
Transportation Code Section 501.052 provides that a person interested in a motor vehicle
that the department has refused to issue a title, or has suspended, rescinded, canceled, or
revoked the title is entitled to a hearing by their local County Tax Assessor-Collector. The
County Tax Assessor-Collector, after examining the evidence at hand and hearing
testimony from both the applicant and VTR, makes the determination if title issuance is
appropriate. If the County Tax Assessor-Collector sustains the department's decision, the
applicant may then appeal the ruling to the county court. A Tax Assessor-Collector
hearing is not available for a title marked Export-Only or assigned to a foreign purchaser.
Note: A County Tax Assessor-Collector’s hearing is not available when an applicant
is unable to provide proof of compliance with U.S. Department of
Transportation Safety requirements for a vehicle not manufactured for sale
or distribution in the United States.
Insufficient evidence
When there is a question as to whether an owner has sufficient evidence to secure a title,
the owner may submit the evidence of ownership directly to the department together with
a request to advise if the department will issue title. This request must be in writing and
submitted directly to one of the various TxDMV Regional Service Centers located
throughout the State. It is not necessary for the owner to register the vehicle and file an
official application for title prior to submitting such a request. (See Documentation
Lacking for Title Issuance)
Title Refused
If VTR cannot issue title from the evidence submitted, it advises the applicant of the
evidence needed to complete the transaction. If the applicant cannot obtain such evidence,
they may appeal the department's decision by requesting a Tax Assessor-Collector
Hearing. The County Tax Assessor-Collector must hold a hearing before requiring the
applicant to seek legal title through a county court. If the applicant requests a hearing after
the determination by VTR, they should submit the request to the County Tax
Assessor-Collector with an application for title, evidence of ownership, and a copy of the
department's letter advising that the applicant does not have sufficient evidence to obtain a
title.
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Tax Assessor-Collector Hearing
Holding a Hearing
Upon receiving an application for a hearing, the County Tax Assessor-Collector then
notifies VTR of the date set for the hearing. This date should not be earlier than the 11th
day or later than the 15th day from the date of receipt of the request for the hearing. (It is
not necessary for the County Tax Assessor-Collector to resubmit the title papers to VTR
with the notification.) If requested by the County Tax Assessor-Collector, the department
sends a representative to attend the hearing in defense of its actions.
Note: Counties should mail notifications of hearings to their local TxDMV Regional
Service Center.
1.
The County Tax Assessor-Collector sets the date for a hearing and notifies all parties
that might appear to have an interest in the vehicle in question, including the owner
and lienholder of record, if any, so they may have an opportunity to appear at the
hearing and protect their interest.
2.
After hearing the evidence presented by all parties, the County Tax Assessor-Collector
may award ownership of the vehicle to the applicant by executing a written order. If
awarded ownership, the owner should submit a formal application for certificate of
title and register the motor vehicle. Attach all evidence presented at the hearing to the
order and submit it with the title application to the department. The department abides
by this decision and issues title.
3.
If the County Tax Assessor-Collector's decision is not to overrule the department, they
should notify the applicant by official letter signed by the County Tax
Assessor-Collector stating the applicant has five days to appeal this decision to the
county court.
4.
Transportation Code, §501.052 (e) provides that on an appeal from a County Tax
Assessor-Collector, a county judge shall try the appeal in the manner of other civil
cases. As with other civil cases, the avenue of appeal is through a petition filed under
the Rules of Civil Procedure.
5.
The applicant must file a petition in county court. (Sample petitions and sample orders
are available from the department by request.) The applicant must notify VTR of the
proceedings as well as any other interested party, including the recorded owner and
any lienholder of record. Legal notices and process may be served informally by
first-class mail to the Office of General Counsel, Texas Department of Motor Vehicles
Austin, Texas or, if requested in advance, by fax.
Note: Regional Service Centers, are not authorized to accept citations on behalf of
the department.
6.
On receipt of a properly filed petition, the department’s Office of General Counsel
files an Answer to the Court explaining any irregularities and ensures that relevant
parties are notified so they may intervene to protect their interests if they wish to do so,
before a final order or judgment is issued. The department does not represent any
person’s interest in these cases.
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Bonded Title
7.
It is the department’s position that if we receive an order and have no record of being
served with a petition, we cannot comply with the terms.
8.
If the county court reverses the County Tax Assessor-Collector's decision, VTR
accepts the application for title supported by a certified copy of the court order. If a
recorded lienholder is not made a party to the suit and the court order does not vest
title free and clear of all liens, then the applicant must attach a release of the recorded
lien to the title transaction.
Documentation Lacking for Title Issuance
An applicant is also entitled to a hearing in cases when a County Tax Assessor-Collector
determines proper documentation is lacking for title issuance. The County Tax
Assessor-Collector provides the applicant with a Notice of Title Rejection indicating the
evidence needed to complete their transaction. If the applicant cannot obtain the evidence,
they may appeal the decision by requesting a tax collector hearing.
Hearings after Department Rejection
An applicant is also entitled to a hearing in cases when VTR rejects an application for title
after it is filed with the County Tax Assessor-Collector. If the applicant is unable to secure
the necessary evidence to satisfy the rejection and requests the County Tax
Assessor-Collector to hold a hearing, the county then returns the rejected application for
title and all supporting evidence to VTR with notification of the date set for the hearing.
The department then reviews the evidence. If VTR finds sufficient evidence, they notify
the county that the title shall issue. Otherwise, follow the hearing procedure in Holding a
Hearing.
Note: When a vehicle’s serial number or VIN has been removed, altered, or
obliterated, the owner may apply to VTR or a court for a new identification
number. Refer to Assignment of Identification Number by Department.
8.4
Bonded Title
Transportation Code Section 501.053
(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
(3) the person provides a release of all liens with bond.
(b) The bond must be:
(1) in the manner prescribed by the department;
(2) executed by the applicant;
(3) issued by a person authorized to conduct a surety business in this state;
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Bonded Title
(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
(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.
(c) An interested person has a right of action to recover on the bond for a breach of
the bond's condition. The aggregate liability of the surety to all persons may not
exceed the amount of the bond.
(d) A bond under this section expires on the third anniversary of the date the bond
became effective.
(e) The board by rule may establish a fee to cover the cost of administering this
section.
Filing of Bond as Alternative to Hearing
The provisions of Transportation Code Section 501.053 provide an alternative to a tax
collector's hearing. Under this section, the department may issue a certificate of title in
instances when a person interested in a motor vehicle that the department has refused to
issue a certificate of title, or that the department has suspended or revoked a Texas
certificate of title, files a surety bond with the department. The bond must be in the form
prescribed by the department and completed by the applicant and by a person authorized
to conduct a surety business in this State. In order to determine qualifications (refer to
Initial Requirements and Final Requirements) for a surety bond, the title applicant is
required to complete a Tax Collector Hearing / Bonded Title Application, Form
VTR-130-SOF.
Initial Requirements
An applicant must meet one of the requirements listed below in order to pursue the bonded
title procedure.
• The title applicant is a Texas resident or military personnel stationed in Texas, or
• The title applicant is not a Texas resident, but a registration and title verification
indicates that a Texas title record exists on the vehicle, and is the latest record of title
for the vehicle. A bonded title may be applied for by the out-of-state resident in any
county tax office.
Final Requirements
If the title applicant meets one of the requirements of the Initial Requirements above, the
subject vehicle must meet all of the following applicable requirements:
• The vehicle must be subject to the Texas Certificate of Title Act, Transportation Code
Chapter 501.
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•
•
The vehicle must be eligible to be registered and/or titled in Texas and is in the
possession of, and legally controlled by, the title applicant.
If the applicant is a Texas resident, but the evidence indicates that the vehicle is an out
of state vehicle, the vehicle must meet current VIN verification by providing a
completed Out-of-state Identification Certificate, Form VI-30. If the bonded title
application is for “Title Only,” the Form VI-30 can be waived; however, the “VIN
CERTIFICATION WAIVED” remark must be placed on the title record. However,
this waiver does not exempt the vehicle without a Texas record from obtaining the
required Form VTR-68-A.
Ineligible Transactions
Circumstances that do not fall under the provisions of Transportation Code Section
501.053 because there are other statutory or judicial remedies available are:
• Vehicles subject to any of the provisions of the Transportation Code Chapter 683,
Abandoned Motor Vehicles (i.e., abandoned vehicles, junked vehicles issued a
Certificate of Authority, vehicles declared a public nuisance, vehicles left at parking
facilities, etc.).
• Vehicles on which a person holds storage or mechanic's charges under the provisions
of Occupations Code, Chapter 2303 or Chapter 70, State Property Code (unless it
involves an innocent purchaser).
• Stolen vehicles.
• Vehicles involved in ownership litigation.
• Applicant is unable to provide proof of compliance with U. S. Department of
Transportation safety requirements for a vehicle that was not manufactured for sale or
distribution in the United States.
• Export only vehicles.
Review of Evidence
Upon initial contact at a Regional Service Center by a title applicant requesting a review
of evidence of ownership, the applicant must complete a Tax Collector Hearing / Bonded
Title Application, Form VTR-130-SOF, explaining how and from whom the vehicle was
obtained.
If it is determined from the explanation that the circumstances addressed fall under the
conditions of Ineligible Transactions the applicant must follow the remedy available for
that particular circumstance.
If the explanation does not address any of the conditions of Ineligible Transactions but
does address at least one of the requirements of paragraph Initial Requirements and all
applicable requirements of Final Requirements, the TxDMV Regional Service Center
examines the evidence of ownership. In addition to examining the evidence, Regional
Service Center personnel obtain the necessary information on the subject vehicle before
issuing a rejection letter.
• VTR searches the motor vehicle database for a title and registration verification. (The
VIN is the primary means of access.)
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•
VTR searches NMVTIS for vehicle brands. Any brand applied by another state will be
carried forward to the Texas record. Junk/Salvage/Insurance information as reported
to NMVTIS is not considered for branding a Texas title.
Note: If no record is found and it appears that the VIN is a non-USA (gray market)
VIN, the applicant must provide proof of compliance with U. S. Department
of Transportation safety requirements. (Refer to Chapter 19, “Imported
Vehicles” for further details.)
•
If the vehicle is registered and/or titled in another state, the applicant should make
every effort to obtain a registration and title verification from such state before taking
further action. However, due to the enactment of federal privacy laws (i.e., Driver
Privacy Protection Act), many states do not provide this information to individuals or
may only provide the information for certain uses.
Note: An out-of-state title that has a “Bonded Title” notation recorded should not
carry forward to the Texas title.
Rejection Letter
If it is determined that the applicant is eligible for a bonded title, VTR provides a rejection
letter which include the amount of the bond, the applicant's evidence and informs the title
applicant of the options available to obtain title in their name.
Identification Requirement
An acceptable form of identification is required to obtain a TxDMV Rejection Letter. The
acceptable identification to obtain a TxDMV Rejection Letter is the same as those
required with an Application for Title. (See Chapter 6, “Application and Issuance of
Motor Vehicle Title,” Personal Identification Information for Obtaining Title).
Determining Vehicle Values
In accordance with Transportation Code Section 501.053, the amount of the bond must be
equal to 1.5 times the value of the vehicle as determined by the department. This amount
will appear in the rejection letter.
VTR determines the value using:
• The Standard Presumptive Value (SPV) from the TxDMV web site (www.txdmv.gov)
as the primary source.
• If a SPV is not available, a national reference guide
• If a value is not available through one of the above, a licensed motor vehicle dealer or
insurance adjuster may appraise the vehicle on a form provided by VTR.
The TxDMV Regional Service Centers incorporate the reasons for rejection into the
rejection letter. They enclose a Certificate of Title Surety Bond, Form VTR-130-SB with
each rejection letter and send a copy of the rejection letter to the owner and lienholder of
record. Prepare the copies as a bcc: (blind courtesy copy) to the owner and lienholder. The
mailing addresses are obtained from the printout of the latest Texas title and registration
verification, the out of state verification, or other supporting evidence.
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Bonded Title
Note: VTR may not provide a printout of the record to the applicant (attached to
the rejection letter or otherwise) unless the applicant completes a Request for
Texas Motor Vehicle Information, Form VTR-275, and certifies, by initialing,
that the intended use of the information is for one of the permitted uses and
pays the applicable fee.
Vehicle Value Undetermined
If VTR cannot determine the value of the vehicle from the reference material and the title
applicant does not wish to submit an appraisal to the Regional Service Center, advise the
applicant that they must obtain all acceptable ownership and transfer documents or pursue
a tax collector hearing or court order.
Brands and Remarks
The department utilizes the NMVTIS Web Interface to research a vehicle’s history. When
NMVTIS indicates a state has applied a brand or remark which Texas would apply to a
vehicle, it is notated on the reverse of the VTR-130-SOF in the “FOR DEPARTMENT
USE ONLY” box in item number 3. Apply all brands as indicated by the Regional Service
Center on the reverse of the VTR-130-SOF.
Note: Only brands or remarks applied by another state may be applied to a Texas
record. When NMVTIS indicates a value affecting report by an Insurance or
Salvage entity, Texas cannot assume the vehicle actually met the statutory
definition to be branded, therefore TxDMV Regional Service Centers give no
consideration to these types of reports in NMVTIS. All brands/remarks
indicated on the reverse of the VTR-130-SOF are state applied brands or
remarks.
Liens
Effective September 1, 2013, new restrictions apply to applications for bonded titles. A
person may file an application for a bonded title if the vehicle is in the possession of the
applicant, and either there is no lien recorded on the vehicle record or the recorded lien on
the record is 10 or more years old.
When TxDMV resources indicate a recorded lien of less than 10 years old, and all other
eligibility requirements as listed on the Form VTR-130-SOF are met, a TxDMV rejection
letter will be issued. This TxDMV rejection letter will contain a statement that the bonding
company is responsible for ensuring a release of lien(s) is attached or certifying that the
lien(s) have been satisfied.
When no liens exist, or if the recorded liens are 10 or more years old, and all other
eligibility requirements as listed on the Form VTR-130-SOF are met, the standard
TxDMV rejection letter will continue to be issued.
An applicant is not required to provide the release of lien(s) or letter(s) of no interest when
applying at the County Tax Assessor-Collector's office.
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Bonded Title
Suspended or Revoked Existing Titles
In situations where the title applicant desires to pursue the bonded title procedure because
VTR has suspended or revoked an existing title, upon written request from the title
applicant, the Regional Service Center should contact the VTR Austin Headquarters to
determine the office responsible for the suspension or revocation.
Upon such contact, VTR determines whether or not the bonded title procedure is available
to the title applicant. (Refer to Initial Requirements, Final Requirements, and Ineligible
Transactions.)
If the bonded title procedure is available, the Regional Service Center prepares the
rejection letter necessary to purchase a bond and:
• indicates the amount of bond in the space provided on the rejection letter
• completes and encloses a rejection list with each rejection letter
• encloses a Certificate of Title Surety Bond, Form VTR-130-SB, with each rejection
letter, and
• sends a copy of the rejection letter to the owner and lienholder of record and any other
interested parties, if applicable, via first class mail. Prepare such copies as a bcc: (blind
courtesy copy) to the owner and lienholder. The mailing addresses are obtained from
the printout of the latest Texas title and registration verification, the out of state
verification, or other supporting evidence. Send a blind courtesy copy to the office
responsible for the suspension or revocation for filing in the suspension or revocation
file.
If the bonded title procedure is not available, advise the applicant that a County Tax
Assessor-Collector hearing or court order must resolve the matter.
County Processing
When the County Tax Assessor-Collector’s office receives a bonded title transaction,
examine the transaction for completeness and ensure that the surety bond is correct. The
bond must be the Certificate of Title Surety Bond, Form VTR-130-SB, or must contain
the exact wording. The County Tax Assessor-Collector’s office should verify that:
• the bond contains a “Bond Number”;
• the bond has been issued for an amount that is equal to or greater than the amount
determined by VTR;
• all vehicle information is correct;
• the bond is signed and dated by both the principal (applicant) and an agent for the
surety company;
• the bond contains the surety company’s seal (embossed, stamped, digitized or
affixed);
• no more than 30 days has elapsed since the effective date of the bond (note the date
received on the application); and the name of the applicant is the same as the principal
on the bond.
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Bonded Title
When processing a bonded title application for a vehicle that has a lien less than 10 years
old indicated on the record, the County Tax Assessor-Collector offices must require that a
release of lien or certification by a bonding company that any lien(s) have been satisfied is
attached to a valid bond. To certify that a lien(s) has been satisfied, a bonding company
must complete the certification at the bottom of page 2 of the TxDMV rejection letter.
When no liens exist, or if the recorded lien(s) are 10 or more years old, and all other
eligibility requirements as listed on the Form VTR-130-SOF are met, and the applicant
has presented a valid bond, the County Tax Assessor-Collector offices will process the
title application.
When processing a bonded title application, and no previous owner information is
available “Unknown” should be entered into the previous owner and city fields. “TX”
should be entered into the state field, unless supporting documentation provides at least
the state from where the vehicle originated and is supported by the appropriate out-of-state
documentation.
Late Transactions
Transactions received more than 30 days after the effective date of the bond may not be
accepted. Instruct the title applicant that they must include a bond amendment (rider) or an
original surety bond extending the bond for the expired period before the transaction is
acceptable. The agent for the surety company must sign this amendment. (Refer to the
letter in the transaction to verify the appropriate bond amount.) If the transaction does not
include the letter, which established the bond amount, do not accept the transaction and
instruct the title applicant to contact the appropriate Regional Service Center to secure a
letter, which establishes the amount of bond.
Require Documentation
Applicants must support bonded title transaction by the following documentation when
filing with the County Tax Assessor-Collector’s office:
• VTR’s letter establishing the amount of bond with all enclosures noted and attached.
The date on the letter may not exceed one year from the date of filing. At a minimum
the enclosures must include the original Tax Collector Hearing / Bonded Title
Application, Form VTR-130-SOF, and the documents used to establish the bond
amount (i.e., photocopies or printouts of the applicable reference pages or the original
appraisal of the vehicle);
• The properly completed original surety bond, and, if applicable, an original or certified
copy of the power of attorney and/or an original bond amendment (refer to
Department Processing);
Note: VTR accepts electronic signatures on a Surety Bond POA if the POA also
includes an embossed or digital seal. All other POA's must have original
signatures or be certified as a “true and correct copy of the original.” The
Certificate of Title Surety Bond must include original signatures.
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Bonded Title
•
•
Verify the VIN. If the vehicle is from another state or country, an Out-of-state
Identification Certificate, Form VI-30, issued by a State appointed Safety Inspection
Station is required to obtain registration; otherwise a title only (no registration) may be
issued if the transaction is supported by either a Statement of Physical Inspection,
Form VTR-270, or a legible pencil tracing of the VIN; and
Valid proof of financial responsibility in the applicant’s name.
Note: If the bonded title application is for “Title Only,” counties can waive the
Form VI-30, however, they must place the “VIN CERTIFICATION
WAIVED” remark on the title record.
Fee Collection
If the transaction is complete and received within 30 days of the effective date of the bond
or the bond amendment, counties should collect all applicable fees and issue a Form
VTR-500-RTS.
Assemble the Transaction
Assemble in accordance with Chapter 2, Section 2.4 Title Transaction Assembly
Procedures.
Department Processing
Upon receipt of the envelopes labeled “BONDED TITLE”, VTR processes the
documentation as follows:
Bonded title transactions appear on the Title Package Report. If needed, audit and
reconcile the Title Package Reports.
1. Check the VIN of each transaction against the National Crime Information Center
(NCIC) and the Texas Crime Information Center (TCIC) stolen vehicle files.
2.
If there is no stolen notice included, examine each transaction thoroughly.
Check each bond for completeness and ensuring that the bond in the amount
equal to or greater than the amount indicated on the department's letter.
a.
The surety bond must be an original and must appear on the prescribed form or must
contain the exact wording.
b.
The bond must contain the title applicant's name, complete address, original signature, and
date of signature.
c.
If an attorney in fact completed the surety bond, the original or a certified copy of the
original (with original certification statement) and the power of attorney (POA) must be
attached to the surety bond. If a certified copy of the original is used, an authorized agent
of the surety company should provide the original certification statement. The statement
must certify the POA is a true and correct copy of the original POA on file in the agent’s
office.
d.
The surety company seal must be embossed, stamped, digitized or affixed to the bond in
the space provided.
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Bonded Title
3.
e.
The bond must describe the correct vehicle (year, make, vehicle identification number,
body style). Verify the vehicle description on the bond against the one shown on the
application for title.
f.
The bond must indicate the effective date of the bond.
g.
Any alteration to the surety bond necessitates the issuance of a new bond or an
amendment (or rider) from the surety company.
If applicable, the original bond amendment (or rider) must be attached to the surety
bond and must be properly signed by the agent for the surety company.
Verify each bonded title transaction to ensure that all required documentation has been
filed with the application for title and the county tax office received it within 30 days of
the effective date of the bond. If not received within 30 days of the effective date of the
bond, counties should attach an original bond amendment (or rider) to the bond as follows.
1. The Title Application Receipt must indicate “BONDED TITLE.”
2.
The transaction must include a photocopy of the bond and the power of attorney and
any bond amendment, if applicable.
3.
If the motor vehicle title record indicates that the title has been suspended or revoked,
review the suspense file for inclusion of additional documentation in the bonded title
transaction.
4.
Assemble the transaction.
If it is necessary to reject a bonded title transaction, follow the routine title rejection
instructions.
The “BONDED TITLE” brand must appear on the face of each such title issued.
If the issuance of a salvage vehicle title, or non-repairable vehicle title is requested on a
title record reflecting the “BONDED TITLE” brand, such brand carries forward and
appears on the face of the issued document.
Maintenance of Original Surety Bonds
The original surety bonds are effective for a three year period from the effective date of
the bond. If during the three-year period VTR receives a judgment payment notice from a
surety company, the owner must obtain a new bond covering the remainder of the three
year period.
When the three year period has elapsed and if VTR has not been notified of pending action
to recover on said bond:
1. The customer may contact a Regional Service Center to request the Bonded Title
remark be removed.
2.
The Regional Service Center will verify that the bond is over three years old and send
a request to Vehicle Data Management (VDM) to request the remark be removed.
3.
The Regional Service Center will notify the customer once the remark has been
removed.
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Denial for Failure to Provide Proof of Emissions Testing
Once the remark has been removed from the record, the customer may file an application
for original title at their County Tax Assessor-Collector’s office or obtain a Certified Copy
of Texas Title from a Regional Service Center. The applicable fee for either option must
be paid.
Lost Bonded Title Transactions
Follow the lost transactions procedures outlined in Chapter 6, “Application and Issuance
of Motor Vehicle Title” if bonded title transactions are lost en route from the county to the
Vehicle Titles and Registration Division. In either case, the title applicant must submit
another surety bond, labeled “DUPLICATE” but must contain original signatures of the
principal and the agent for the surety company.
Receivership or Liquidation of Surety Company
If a surety company should go into receivership or liquidation before the surety bond
expires, they must notify VTR of such action.
1. Upon receipt of such notification, VTR checks on the status of the certificate of title
surety bonds issued by the surety company by contacting the person named in the
notification for such information. Additionally, they contact the Texas Department of
Insurance to advise that the department has received notification of
receivership/liquidation and to inquire about surety bond status. If the surety bond
status inquiry reveals “CANCELED,” the department obtains a title and registration
verification for each vehicle bonded by the surety company named in the notification
and proceeds with step 2.
8.5
2.
VTR notifies the owner of record by certified mail (return receipt requested) that the
certificate of title has been suspended due to the cancellation of the original surety
bond, which was obtained to secure a certificate of title. VTR enters a suspension
notation against the applicable title record. The title suspension is not removed until
the owner of record secures a surety bond on the applicable vehicle for the remainder
of the three year period for the amount designated on the original surety bond and
submits the new surety bond to VTR.
3.
Upon receipt of the surety bond issued for the remainder of the three year period, the
department examines the bond for proper completion. (Refer to Department
Processing.) If the surety bond is properly completed, VTR acknowledges receipt of
the original surety bond, and removes the suspension notation from the applicable title
record. They attach the new surety bond to the file, which contains the canceled surety
bond, and file it for the remainder of the three year period.
Denial for Failure to Provide Proof of Emissions
Testing
Transportation Code Section 501.0276
A county assessor-collector may not issue a title receipt and the department may not issue
a title for a vehicle subject to Section 548.3011 unless proof that the vehicle has passed a
vehicle emissions test as required by that section, in a manner authorized by that section,
is presented to the county assessor-collector with the application for a title.
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Denial for Safety Responsibility Suspension
Requirement, Proof, and Exemptions
Refer to Chapter 9, Section 9.6 Emissions Test on Resale.
8.6
Denial for Safety Responsibility Suspension
Transportation Code Section 601.006
If an owner or operator of a motor vehicle involved in an accident in this state does not
have a driver’s license or vehicle registration or is a nonresident, the person may not be
issued a driver’s license or registration until the person has complied with this chapter to
the same extent that would be necessary if, at the time of the accident, the person had a
driver’s license or registration.
The Safety Responsibility Act provides that a person cannot legally operate a motor
vehicle in Texas without liability insurance coverage. Owners must present valid proof of
liability insurance coverage to receive or renew:
• Motor vehicle registration
• Driver’s license, and
• Vehicle safety inspection
Acceptable evidence of proof may be an original or photocopy of one of the following:
• a liability insurance card
• an insurance policy
• an insurance binder, or
• a certificate of self-insurance.
The Department of Public Safety administers the Safety Responsibility Act. However, this
Act is closely related to the Certificate of Title Act in that the Vehicle Titles and
Registration Division maintains the only complete records of registration and title for
motor vehicles in the State. These records must be available to record the suspension of
registration and title. If the Department of Public Safety suspends the registration of any
motor vehicle, such suspension automatically suspends the title. The department records
the notation “Safety Responsibility Suspension” in the vehicle’s motor vehicle record.
• If a person purchases a motor vehicle with suspended registration, that person may file
an application for title supported by an assigned Texas certificate of title along with a
Safety Responsibility Affidavit, Form SR39. This must state that they have acquired
the vehicle in good faith for their own use and benefit, and not for the purpose of
aiding the prior registered owner to defeat the purpose of the Texas Safety
Responsibility Act. Record the SR case number on the form, but the department does
not reject the transaction if it does not appear.
• If a motor vehicle on which a suspension has been placed was transferred prior to the
date of suspension, VTR may accept an application for title on the vehicle provided
the title transaction is in proper order.
• Any transfer of a motor vehicle by operation of law (repossession affidavit, court
order, affidavit of heirship, sheriff's bill of sale, etc.) automatically lifts the suspension
against the motor vehicle.
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Denial for Safety Responsibility Suspension
•
•
•
Owners may file an application for corrected certificate of title (no transfer of
ownership involved) on a motor vehicle that has a Safety Responsibility Suspension
against it.
VTR may issue a Certified Copy of a Texas Certificate of Title on a suspended
vehicle.
If a motor vehicle with suspended registration is transferred, the applicant may secure
a duplicate license receipt either from the county in which the vehicle was registered
or from the department. In the event current license plates have been removed, the
applicant may secure a set of replacement plates from the County Tax
Assessor-Collector. (This is necessary because the registration receipt and the license
plates of any suspended vehicle are required to be surrendered to the Department of
Public Safety.) A request to the department for a duplicate license receipt should
include the papers showing transfer by operation of law (such as repossession affidavit
or affidavit of heirship) or a Safety Responsibility Affidavit, Form SR39. When the
department issues the receipt, it returns the surrendered papers to the applicant for later
attachment to the application for title.
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Chapter 9
TRANSFER OF OWNERSHIP
This chapter contains the following sections:
• 9.1 Definition
• 9.2 Sale of Vehicle; Transfer of Title
• 9.3 Title Assignments
• 9.4 Dealer Assignments
• 9.5 Filing By Purchaser; Application For Transfer Of Title
• 9.6 Emissions Test on Resale
• 9.7 Delivery of Receipt and Title to Purchaser of Used Motor Vehicle
• 9.8 Vehicle Transfer Notification
• 9.9 Violations and Penalties
9.1
Definition
Transportation Code Section 501.002 (8)
“First sale” means:
(A) the bargain, sale, transfer, or delivery of a motor 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
(B) the registration or titling of that vehicle.
The first title application filed with the County Tax Assessor-Collector, supported by a
Manufacturer's Certificate of Origin (MCO), represents the first sale of a motor vehicle.
The date the title receipt is issued is the date the vehicle becomes a used vehicle. A dealer
may not register a new vehicle without applying for title in the dealer’s name.
9.2
Sale of Vehicle; Transfer of Title
Transportation Code Section 501.071
(a) Except as provided in Section 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.
(b) The transfer of the title must be in a manner prescribed by the department that:
(1) certifies the purchaser is the owner of the vehicle; and
(2) certifies there are no liens on the vehicle or provides a release of each lien on
the vehicle.
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Title Assignments
The reverse side of a Texas Certificate of Title provides an assignment and several
reassignments of title for transfer of ownership. The first assignment (or transfer) of title is
properly executed when the purchaser's name and address are shown, and the seller signs
and dates the assignment of title. The assignments also include a statement as to the
vehicle's odometer reading at the time of transfer. The seller and purchaser must be
complete and sign the odometer statement, if applicable.
When signed by the seller, the wording provided on each assignment on a Texas
Certificate of Title constitutes a statement that the motor vehicle described on the title is
free of all liens and encumbrances except those liens noted on the title or fully described in
an attached statement.
When a dealer completes an assignment, the dealer is required by law to include a separate
statement describing any security interest agreement (floor plan lien) that might cover the
vehicles in inventory. However, since the Business and Commerce Code provides that a
buyer of a vehicle in inventory in the ordinary course of business takes title free and clear
of any security interest agreement, a release of this type lien is not required. Furthermore,
if such a statement is not attached, the department accepts the transaction and assumes that
the vehicle is free of all liens.
A lien noted on the face of a title must be either released or carried forward to the new
application and title, unless the vehicle was repossessed.
Sale or Offer without Title Receipt or Title
Transportation Code Section 501.152
(a) Except as provided by this section, a person commits an offense if the person:
(1) sells, offers to sell, or offers as security for an obligation a motor vehicle
registered in this state; and
(2) does not possess the title receipt or certificate of title for the vehicle.
(b) It is not a violation of this section for the beneficial owner of a vehicle to sell or
offer to sell a vehicle without having possession of the title to the vehicle if the sole
reason he or she does not have possession of the title is that the title is in the
possession of a lienholder who has not complied with the terms of Section
501.115(a) of this code.
No person in this State may offer for sale any motor vehicle registered out of state without
having in his or her possession a title (or registration receipt if the motor vehicle is from a
non title state).
9.3
Title Assignments
Joint Ownership
When one of the joint owners desires to sell to the other, only the seller needs transfer.
Bills of Sale
As of May 1, 2001, bills of sale are only acceptable in the following situations:
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Title Assignments
•
Out-of-state or out-of-country registration receipts that do not provide transfer of
ownership sections, provided:
• the issuing state does not issue certificates of title as the negotiable evidence of
ownership for that year model vehicle, or the issuing country only issues
registration receipts, and
• the out-of-state or out-of-country receipt reflects registration that is current or that
has been expired for sixth months or less;
• Out-of-state titles on which all dealer reassignment sections have been completed,
provided the issuing state does not utilize supplemental dealer reassignment forms;
• Operation of law transfers;
• Component parts utilized to rebuild or assemble motor vehicles; and
• Non-titled Texas vehicles.
The purchaser, as shown on a Sheriff's, Constable's, or U. S. Marshal's Bill of Sale,
Mechanic's or Storage Lien Bill of Sale, or Auction Sales Receipt for an abandoned
vehicle, must title in their name; however, if the purchaser is a dealer, the dealer may
assign the title or use Form VTR-41-A.
Attorneys and Executors
When an attorney in fact, executor, administrator, etc assigns the title, that person must
sign in such a manner as to clearly indicate for whom they are signing; and their authority
to sign must accompany the assignment and attached to the transaction (Refer to
Chapter 16, “Operation of Law”).
Repossessions
On repossessions from a recorded lien, the lienholder must use the first assignment on the
certificate of title. A lienholder that is a dealer cannot, in this case, use the Dealer’s
Reassignment of Title for a Motor Vehicle, Form VTR-41-A.
On repossession from a security agreement (lien not recorded on title), the lienholder
(dealers included) in all cases, must file application and receive title in their name before
proceeding to transfer. (Refer to Transportation Code Section 501.074.)
In a voluntary repossession in which the owner assigns the title to the lienholder, the
lienholder must secure title in their name unless they hold a current dealer license number
or unless a repossession affidavit is attached. In either case, the lienholder may use the
reassignment of title. However, if there is any indication of repossession in the transaction,
a repossession affidavit must be attached.
Court Orders
The person to whom ownership of a vehicle is vested by a court order may assign the
certificate of title.
Judicial Bill Of Sale
A receiver may give a completed judicial bill of sale to a subsequent purchaser or assign
the certificate of title.
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Dealer Assignments
Abandoned Vehicles
The purchaser, as shown on a Sheriff's, Constable's, or U. S. Marshal's Bill of Sale,
Mechanic's or Storage Lien Bill of Sale, or Auction Sales Receipt for an abandoned
vehicle, must secure title in their name; however, if the purchaser is a dealer, they may use
the Dealer’s Reassignment of Title for a Motor Vehicle, Form VTR-41-A.
Purchase and Merger of Firms
When a firm takes over the business of a second firm by purchase or by merger, the
certificate of title covering any motor vehicle owned by the second firm may be
transferred to the surviving firm or to a subsequent purchaser by assigning the title as
“Successor to (other firm)” or as “Formerly (other firm).” The new owner must then apply
for transfer of title.
When one corporation purchases or merges with another corporation, it is understood that
in the purchase of the corporation, all property of the original corporation is sold or
merged with the surviving corporation; and no further transfer of title is necessary. In
these cases, the corporation can file an application for corrected title to record the name of
the corporation owner. A negotiable Texas title and a verification of the merger from the
Secretary of State must support the application.
9.4
Dealer Assignments
Form VTR-41-A
Form VTR-41-A has been designed exclusively for use by licensed Texas dealers. All
reassignments must be in consecutive order regardless of whether they are completed on
the back of the title or on a separate Form VTR-41-A. Furthermore, each dealer must
show their current dealer license number. All available assignment spaces on the Texas
Certificate of Title must be completed before a Form VTR-41-A may be used. If a Form
VTR-41-A is used to transfer a Texas Certificate of Title or a Manufacturer's Certificate
of Origin that does not have all assignments completed, the title transaction is not
acceptable. This does not apply to transactions involving out-of-state titles.
The dealer's name on each reassignment must agree with the name on the dealer license. If
the dealer's name on an assignment does not agree with the dealer license, the dealer may
correct the name when reassigning the title by showing the incorrect name followed by the
letters DBA (doing business as) and the correct dealership name. For example, if the title
is assigned to “Joe Doaks” and the correct dealership name is “J D Auto Sales”, the name
of the seller on the reassignment of title should show “Joe Doaks DBA J D Auto Sales”. In
addition, the dealer must provide an affidavit certifying that the person named on the
assignment is an agent/employee of the dealership.
If a Texas Certificate of Title is issued in the name of a licensed dealer, assignment must
be made on the back of the title to transfer ownership; but the first retail purchaser must
secure title in their name.
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Filing By Purchaser; Application For Transfer Of Title
Rules
A licensed dealer may use a Dealer's Reassignment of Title for a Motor Vehicle, Form
VTR-41-A, under the following rules:
• No dealer may use a Form VTR-41-A unless they have a current Texas dealer license.
They must show the dealer license number in its proper place.
• In the event all the reassignments are used on the back of a Manufacturer's Certificate
of Origin (MCO) or a Texas Certificate of Title issued after April 29, 1990, a licensed
dealer may make further reassignments of a vehicle by completing a Form
VTR-41-A. However, only a licensed franchised dealer may reassign a Manufacturer's
Certificate of Origin (MCO).
• All reassignments on the title and the reassignments on the Form VTR-41-A. should
contain original signatures.
• Dealers must provide a statement of fact for any alteration or erasure on the Form
VTR-41-A.
• Dealers must use the Form VTR-41-A when all assignments are complete on a Texas
title. They may show exempt in the odometer disclosure field.
9.5
Filing By Purchaser; Application For Transfer Of Title
Transportation Code Section 501.145
(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
(2) if appropriate, a document described by Section 502.457 and the title or other
evidence of ownership.
(b) The filing under Subsection (a) is an application for transfer of title as required
under this chapter and an application for transfer of the registration of the motor
vehicle.
(c) Notwithstanding Subsection (a), if the purchaser is a member of the armed forces
of the United States, a member of the Texas National Guard or of the National
Guard of another state serving on active duty under an order of the president of
the United States, or a member of a reserve component of the armed forces of the
United States serving on active duty under an order of the president of the United
States, the documents described by Subsection (a) must be filed with the county
assessor-collector not later than the 60th day after the date of assignment of
ownership.
Transfer Fee; Late Fee
For information relating to the delinquent transfer penalty, refer to Chapter 3, Section 3.3
Delinquent Transfer Penalty.
9.6
Emissions Test on Resale
Transportation Code Section 548.3011
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Emissions Test on Resale
(a) This section applies only to a vehicle:
(1) the most recent certificate of title for which or registration of which was
issued in a county without a motor vehicle emissions inspection and
maintenance program; and
(2) the ownership of which has changed and which has been the subject of a retail
sale as defined by Section 2301.002, Occupations Code.
(b) Notwithstanding Subsection (a), this section does not apply to a vehicle that is a
1996 or newer model that has less than 50,000 miles.
(c) A vehicle subject to this section is not eligible for a title receipt under Section
501.024, a certificate of title under Section 501.027, or registration under Chapter
502 in a county with a motor vehicle emissions inspection and maintenance
program unless proof is presented with the application for certificate of title or
registration, as appropriate, that the vehicle, not earlier than the 90th day before
the date on which the new owner's application for certificate of title or registration
is filed with the county clerk or county assessor-collector, as appropriate, has
passed an approved vehicle emission test in the county in which it is to be titled or
registered.
(d) The proof required by Subsection (c) may be in the form of a Vehicle Inspection
Report (VIR) or other proof of program compliance as authorized by the
department.
Affected County (or non-attainment)
Affected county (or non-attainment) refers to any county with a motor vehicle emissions
inspection and maintenance (I/M) program.
Emissions Test on Resale
Emissions test on resale refers to an emissions test performed on a vehicle coming into an
affected county (non-attainment) from another county within the state which does not
have an I/M program (non-affected county or attainment) where the ownership has
changed as the result of a retail sale and a registration and/or titling change is necessary.
The emissions test is not required on:
• a vehicle that is a 1996 or newer model
• that has less than 50,000 actual miles, or
• a vehicle for which a “title only” application is filed (Transportation Code Section
501.0275).
Transportation Code Section 548.3011 provides that the County Tax Assessor-Collector
or department may not issue a registration, title receipt, or certificate of title unless the
applicant provides proof that the vehicle has passed a vehicle emissions test in the affected
county.
Note: Emission restrictions do not apply to “Title Only” applications.
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Emissions Test on Resale
Proof of Compliance
Acceptable proof of compliance with the vehicle emissions testing program:
• Vehicle Inspection Report (VIR) with a “Pass” notation (valid for 90 days after date of
issuance).
• Vehicle Emissions Waiver/Time Extension (VIE-5)
• Parts Availability Time Extension (VIE-9)
• Affidavit (VIE-12)
Exemption
Vehicles are exempt from the vehicle emissions inspection and maintenance program if
the vehicle operates in the county with an emissions program for fewer than 60 days
during the registration period for which the registration is issued.
The owner of a motor vehicle may obtain an exemption from the vehicle emissions test
requirements by providing the County Tax Assessor-Collector waiver provided by a state
authorized safety inspection station.
Examples
Situation 1:
John lives in a county that does not have an emission’s program. John sells his vehicle to
Frank. Frank lives in a county that does have an emission’s program.
Solution:
Frank must take his recently purchased vehicle to a safety inspection station and it must
pass an emission’s test before he applies for title in his name.
Situation 2:
Tom lives in a county that does have an emission’s program. Tom’s vehicle has passed the
emissions test and is currently registered. Tom sells his vehicle to Bob. Bob lives in a
different county, but Bob’s county also has an emission’s program.
Solution:
Bob does not need to have the vehicle emission’s tested prior to applying for title in his
name as it is currently registered in an emission’s program county; therefore, it has passed
the emission test requirements for that registration period.
Situation 3:
Mary lives in a county that does have an emission’s program. Mary sells her vehicle to
Susan. Susan lives in a county that does not have an emission’s program.
Solution:
Susan does not have to have the vehicle emission’s tested to apply for title in her name in
her county.
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Delivery of Receipt and Title to Purchaser of Used Motor Vehicle
Situation 4:
Carl lives in a county that does not have an emission’s program. Carl sells his vehicle to
Robert. Robert also lives in a county that does not have an emission’s program, but he is a
contractor working out-of-town. The city where he is working is in a county that does
have an emission’s program. Robert’s job completes in 40 days, but Robert needs to apply
for title and registration in his name.
Solution:
Robert is exempt from having his vehicle emissions tested and he can obtain an affidavit
of the exemption from DPS to present when he applies for title in his name. If Robert’s job
required him to be in the county for over 60 days, he would need to have the vehicle
emission’s tested prior to titling.
9.7
Delivery of Receipt and Title to Purchaser of Used
Motor Vehicle
Transportation Code Section 501.0721
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.
If an unregistered vehicle is sold, the purchaser (whether an individual, dealer, or
subsequent retail purchaser) is not required to pay registration fees back to the date of the
sale. The registration starts with the month the current owner files the application for
certificate of title, unless apprehended. (For further discussion, refer to the TxDMV Motor
Vehicle Registration Manual.)
A motor vehicle is not required to be registered at the time it is sold. For Further
information see Title Only.
9.8
Vehicle Transfer Notification
Transportation Code Section 501.147
(a) On receipt of a written notice of transfer from the seller of a motor vehicle, the
department shall indicate the transfer on the motor vehicle records maintained
by the department. 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. 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.
(b) The notice of transfer shall be provided by the department and must include a
place for the seller to state:
(1) a complete description of the vehicle as prescribed by the department;
(2) the full name and address of the seller;
(3) the full name and address of the purchaser;
(4) the date the seller delivered possession of the vehicle to the purchaser;
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Vehicle Transfer Notification
(5) the signature of the seller; and
(6) the date the seller signed the form.
(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. After the date of
the transfer of the vehicle shown on the records of the department, the purchaser
of the vehicle shown on the records is rebuttably presumed to be:
(1) the owner of the vehicle; and
(2) subject to civil and criminal liability arising out of the use, operation, or
abandonment of the vehicle, to the extent that ownership of the vehicle
subjects the owner of the vehicle to criminal or civil liability under another
provision of law.
(d) The department may adopt rules to implement this section.
(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.
(f) The department may not issue a title or register the vehicle until the purchaser
applies for a title to the county assessor-collector as provided by this chapter.
(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. 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. A copy of the form filed under this section is proof of the
filing of the form.
Notification of Vehicle Transfer
When a vehicle is sold or transferred, the recorded owner(s) shown on the certificate of
title may voluntarily notify the department of the sale by completing a Texas Motor
Vehicle Transfer Notification, Form VTR-346. The department must receive the form
within 30 days of the date of sale for the buyer to be presumed to be the owner for liability
purposes. If received later than 30 days after the date of sale, the department accepts the
notification and records the sale date, but the seller may not be afforded the liability
protections provided in law.
The seller may submit Form VTR-346 in the following ways:
• Electronically through the department’s website (www.txdmv.gov/).
• By mail to the following address:
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Violations and Penalties
Vehicle Titles and Registration Division
Texas Department of Motor Vehicles
P.O. Box 26417
Austin, TX 78755-0417
• In person to a TxDMV Regional Service Center
A recorded owner may submit a written request to the department to mark its records to
indicate the transfer. A written request must include all information required as shown
above in subsection (b) of Transportation Code Section 501.147.
Note: All requested information on the form must be complete. The date shown as
the date the vehicle was sold on the VTR-346 cannot be prior to the date the
existing title was issued.
Note: As of June 14, 2007, the $5 fee is no longer collected.
Upon receipt of a Texas Motor Vehicle Transfer Notification form, submitted either by
mail or electronically, or written request properly completed by the recorded owner(s), the
department marks the vehicle record with the date of transfer and the notation “Vehicle
Transferred”. The department maintains records of the notification of transfer to provide
the name and address of the purchaser/transferee, upon request.
The motor vehicle title record remains in the name of the last recorded owner(s) until a
properly completed application for title is filed through a County Tax
Assessor-Collector’s office by the transferee and the new certificate of title is issued by
the department.
9.9
Violations and Penalties
Sales in Violation of Chapter
Transportation Code Section 501.073
A sale made in violation of this chapter is void and title may not pass until the
requirements of this chapter are satisfied.
Execution of Transfer Documents; Penalty
Transportation Code Section 501.161
(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. A person who transfers a vehicle commits an offense if the
person fails to execute the document in full.
(b) A person commits an offense if the person:
(1) accepts a document described by Subsection (a) that does not contain all of
the required information; or
(2) alters or mutilates such a document.
(c) An offense under this section is a misdemeanor punishable by a fine of not less
than $50 and not more than $200.
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Violations and Penalties
General Penalty
Transportation Code Section 520.016
(a) A person commits an offense if the person violates this subchapter in a manner
for which a specific penalty is not provided.
(b) An offense under this section is a misdemeanor punishable by a fine of not less
than $50 and not more than $200.
(c) This section does not apply to a violation of Section 520.006 or a rule adopted
under Section 520.0071.
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Chapter 10
EVIDENCE OF OWNERSHIP
This chapter contains the following sections:
• 10.1 Definitions
• 10.2 Manufacturer's Certificate of Origin (MCO)
• 10.3 Bill of Sale
• 10.4 Form 97, US Government Certificate to Title a Vehicle
• 10.5 Importer's Certificate
10.1 Definitions
Transportation Code Section 501.002 (8) (14) (18)
“First sale” means:
(A) the bargain, sale, transfer, or delivery of a motor 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
(B) the registration or titling of that vehicle.
“Manufacturer” has the meaning assigned by Section 503.001.
Note: 503.001 (10) states “Manufacturer” means a person who manufactures,
distributes, or assembles new vehicles.
“New motor vehicle” has the meaning assigned by Section 2301.002, Occupations Code
Note: Occupations Code 2301.002 (24) states “New motor vehicle” means a motor
vehicle that has not been the subject of a retail sale regardless of the mileage
of the vehicle.
10.2 Manufacturer's Certificate of Origin (MCO)
Transportation Code Section 501.025
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.
Required on First Sale
The only acceptable basic evidence under this Act to obtain a title for a new vehicle is a
Manufacturer's Certificate of Origin (MCO).
Under the provisions of this Section, a MCO must accompany the application for a Texas
title of a new car that has never been the subject of a first sale (Transportation Code
Section 501.002 ).
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Manufacturer's Certificate of Origin (MCO)
The department uses the Uniform Security-type MCO adopted by the American
Association of Motor Vehicle Administrators (AAMVA). This form has space for
assignments from manufacturer to distributor or dealer, distributor to dealer, dealer to
dealer, dealer to retail purchaser. Assignment from a manufacturer directly to an
individual is also permitted. The prescribed certificate of origin is a security type design
incorporating unique printing techniques; the forms are available to manufacturers by only
a limited number of vendors. For a list of vendors, contact a TxDMV Regional Service
Center.
• A MCO is the birth certificate for a new motor vehicle, house trailer, trailer, or
semitrailer. The manufacturer must issue one for each vehicle (Transportation Code
Section 501.002 ).
Note: One manufacturer may import an incomplete vehicle into the United States
for completion by a different manufacturer. As a result, the manufacturer’s
name at the top of the MCO is different from the vehicle make. For example,
the MCO may show the manufacturer as Isuzu, the vehicle make as “Chev”,
and the body style as “Cab & Chassis.” The assigned VIN properly identifies
the year model and make as a Chevrolet, the Form 130-U must indicate an
acceptable body style such as flatbed, panel, etc. These types of title
transactions require:
A single MCO (acceptable as is),
•
Acceptable body style on the Form 130-U,
•
A weight certificate,
•
Proof of insurance.
Although security-type MCOs are not required for trailers requiring a title in Texas,
VTR recommends the use of them, as other states may require security-type MCOs on
all title transfers.
A MCO to a motor vehicle which has been assigned to a franchised dealer (licensed to
sell “new” motor vehicles of a specific “make”) by another franchised dealer licensed
to sell the same “make” does not constitute a first sale. However, if the franchised
dealer to whom the MCO is assigned registers the vehicle, a first sale is constituted.
A MCO for an off highway motorcycle, ATV, or UTV must have a statement that the
vehicle is for off road use only.
The first retail purchaser must file an application for a Texas title and secure a title in
their name before transferring ownership to a subsequent purchaser.
The information on the face of the MCO may be typewritten, printed or written in ink.
Alterations or strikeovers are not acceptable on a MCO. A corrected MCO is required
if the make, year model or VIN is omitted, incomplete or incorrect.
•
•
•
•
•
•
•
Required Information
Manufacturers must show the following information on the face of the manufacturer's
certificate:
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Manufacturer's Certificate of Origin (MCO)
Manufacturer’s Name
The name of the Manufacturer must always be included on the front of a MCO.
Date
The date the vehicle was transferred from the manufacturer.
Name and Address
This includes the name and address of the distributor, dealer, or person to whom issued.
Description of Vehicle
The description of the vehicle:
• Applicants must record the “make” shown on the manufacturer's certificate and on the
vehicle on the application for title.
• The year model is not always the same as the year made.
Note: Determine the year model from the vehicle identification number. However,
in some cases, the VIN series does not reflect a true year model, such as the
Mule. Therefore, base the correct year model on the actual date shown on the
MCO, unless an actual year model is indicated on the MCO.
•
•
The body type shown on the manufacturer's certificate must properly describe the
vehicle.
The vehicle identification number is the identifying number of all vehicles, beginning
with 1956 models.
Weight
Note: As of June 17, 2013, there is no longer a Texas requirement that tonnage be
listed on a Manufacturer's Certificate of Origin (MCO). Manufacturers are
not required to remove the tonnage information from their MCOs; however,
after June 17, 2013, any listing of tonnage on an MCO will not be used to title
and register a vehicle in Texas.
Passenger
Use the shipping weight shown on the Manufacturer's Certificate of Origin (MCO) to
determine the weight of new passenger vehicles, add 100 lbs., and figure the fee on the
next even 100 lbs. For example, if the MCO shows the shipping weight as 6,415 lbs., the
addition of 100 lbs. would result in a total of 6,515 lbs. When rounded off to the next
highest hundred pounds, use 6,600 lbs. as the registration weight.
• If there is a question as to the correct weight of a particular vehicle, require the
applicant to present a weight certificate from a Public Weigher.
• The weight shown on a weight certificate is acceptable as the registration weight of the
vehicle. Do not add any weight to the figure shown on the weight certificate, but round
it off to the next highest one hundred (100) lbs.
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Manufacturer's Certificate of Origin (MCO)
•
If the weight of a vehicle is in question and the evidence of ownership for the vehicle
is a manufacturer's certificate, do not lower the weight below the weight indicated
without a corrected Manufacturer's Certificate of Origin (MCO). The shipping weight
shown on the manufacturer's certificate is not the governing factor in registering
commercial motor vehicles.
Commercial Vehicle
Commercial license fees are figured by the gross weight of the vehicle, if truck plates are
being issued or by the combined gross weight of the truck or truck-tractor and
semitrailer(s), if combination license plates are being issued. (Refer to the TxDMV Motor
Vehicle Registration Manual.) To calculate the registration weight of a commercial
motor vehicle, it is necessary to determine the vehicle's empty weight. The empty weight
of a commercial vehicle (truck or truck-tractor) is the weight of the vehicle fully equipped
with body, bed, and any other permanently attached equipment. Round up the weight to
the next highest one hundred (100) lbs. and record it on the application for title.
All commercial vehicles (truck or truck-tractors rated in excess of 10,000 lbs.) either
manufactured in the U.S. or in a foreign country must carry a registration receipt that
includes the vehicle weights (empty, carrying capacity, and gross weight).
Weight Certificate
VTR requires a weight certificate to support a title transaction under the following
conditions:
• A weight certificate is required on all new commercial motor vehicles evidenced
by a MCO when the carrying capacity is rated in excess of 10,000 lbs. by the
manufacturer. If the gross vehicle weight is 10,000 lbs. or less, the shipping weight
shown on the MCO is acceptable as the empty weight without a weight certificate.
• A weight certificate is required when the shipping weight is not shown on the
MCO or the weight shown is for cab and chassis only.
• A weight certificate is required when it appears that extra equipment was added to
a commercial motor vehicle after it left the manufacturer (for example, vehicles
owned by telephone companies).
• A weight certificate is required on all commercial motor vehicles last registered
out of state, except commercial motor vehicles having a gross vehicle weight of
10,000 lbs. or less. Determine the empty weight of a 10,000 lbs. or less out-of-state
truck from the out of state registration receipt, or other vehicle specifications.
Note: There are great variations in the way weights are shown on-out-of state titles,
use caution when accepting an out-of-state title as the basis for determining
the empty weight of a vehicle. Some out-of-state titles show no weight, show
the GVW (gross vehicle weight), unladen or empty weight, and “wt.” In
addition, when using any source to determine the empty weight, understand
that there is a great variation in weights of pickups having the same make
name.
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Manufacturer's Certificate of Origin (MCO)
•
•
•
Optional class type vehicles, such as Sport Utility Vehicles, may register with
passenger or truck registration, but must show a carrying capacity of at least 1,000
lbs. unless there is a Manufacturer’s Rated Carrying Capacity.
A weight certificate is required on all used commercial motor vehicles transferred
from exempt agencies.
When there is a dispute or question as to the correct empty weight of a vehicle, the
department reserves the right, under Section 502.055, to require a weight
certificate.
Acceptable Weight Certificates
A weight certificate can be acquired from:
• a Texas public weigher or,
• an out-of-state source if the vehicle was previously titled in another state or
• any License and Weight Inspector of the Texas Department of Public Safety.
The department requires public weighers to provide the following minimum
specifications on the weight certificate:
• the date that the weight was taken;
• the name and address of company;
• the signature of the weigher; and
• the weight is mechanically printed (not hand written).
Acceptable out-of-state weight certificates should include comparable information. If
the Texas or out-of-state weight certificate does not meet the above criteria, the county
may require the owner to obtain a new weight certificate that satisfies these
requirements.
House Trailers
The gross weight (actual weight including all furnishings and equipment) is used as the
basis for determining registration fees for house trailers. The actual gross weight is
rounded up to the next highest one hundred (100) lbs. For example, a house trailer with an
actual gross weight of 4,445 lbs. registers at 4,500 lbs. Record the weight on the
application for a title and on the registration receipt. If the gross weight does not appear on
the Manufacturer's Certificate of Origin or if the weight shown on the manufacturer's
certificate or other basic evidence appears to be incorrect, determine the weight by a
weight certificate. If it is impracticable to request a weight certificate, use the following
procedure to determine the gross weight of a house trailer:
• In instances when the trade name and model appear in the handbook “Official Mobile
Home Market Report” use the weight indicated.
• If there is no listing in the handbook, obtain a signed statement as to the length and
width of the house trailer from the owner. Then determine the gross weight by
multiplying the length (to the nearest foot) by the width (to the nearest foot) to
determine the square footage. Then multiply the result by 20 lbs. per square foot. For
example, a house trailer measures 7 feet by 16 feet, results in 112 square feet. 112
multiplied by 20 lbs. results in a registration weight of 2,240 lbs.
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Manufacturer's Certificate of Origin (MCO)
Travel Trailers
Travel Trailers are registered according to the gross weight.
New or Out-of-State Travel Trailers
Show the empty weight or shipping weight as reflected on the evidence of ownership.
Enter a carrying capacity. Calculate the carrying capacity by subtracting the empty weight
from the gross weight (Gross Weight – Empty Weight = Carrying Capacity).
If the gross weight does not appear on the MCO or Out-of-State title, determine it by:
• a weight certificate; or
• using the following formula: Length x Width x 20 lbs. = Gross Weight.
Texas Transfers
Determine the gross weight by a weight certificate or use the following formula: Length x
Width x 20 lbs. = Gross Weight. If the resulting gross weight amount:
• Is greater than the weight shown on the Texas title as the empty weight, then enter the
difference of the two as the carrying capacity (Gross Weight – Empty Weight =
Carrying Capacity).
• Is less than or equal to the weight shown on the Texas title as the empty weight, then
the county enters100 (minimum increment) pounds as the carrying capacity and
disregard the calculated gross weight.
Motorcycles, Mopeds, Motor Scooters
These vehicles are registered according to an annual fee, which is not based on weight.
Therefore, no vehicle shipping weight is required on either the MCO or on the application
for Texas title.
Buses
A weight certificate is required on all new and out of state motor buses, city buses,
privately owned buses, and all used buses transferred from an exempt agency. The owner
must record the empty weight of a bus on the application for a title. The manufacturer
must show the seating capacity (number of passengers) of a motor bus on the
manufacturer's certificate and the operator must include this capacity on the application in
the space for gross vehicle weight.
Note: If the transaction is accompanied by a second-stage Manufacturer's
Certificate of Origin (MCO) from the firm making the conversion, VTR may
waive the requirement of the photograph and weight certificate. However, if
the weight certificate is waived, the weight of the completed vehicle must
appear on the second-stage MCO; and the weight must be greater than the
weight shown on the first-stage MCO.
Gross Vehicle Weight Rating (GVWR)
The chart below may be used as a guide for a minimum carrying capacity for trucks, based
on the empty weight, if the owner or applicant cannot provide the vehicle’s carrying
capacity.
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Manufacturer's Certificate of Origin (MCO)
Table 10-1
Minimum Carrying Capacity for Trucks
Empty Weight or
Minimum
Shipping Weight
Carrying Capacity
6,000 lbs. or less
1,000 lbs.
6,001 - 7,500 lbs.
1,500 lbs.
7,501 - 10,000 lbs.
2,000 lbs.
10,001 - 14,000 lbs.
3,000 lbs.
14,001 - 16,000 lbs.
4,000 lbs.
16,001 - 19,500 lbs.
5,000 lbs.
19,501 - 26,000 lbs.
6,000 lbs.
26,001 - 33,000 lbs.
7,000 lbs.
A vehicle accompanied by a Manufacturer’s Certificate of Origin (MCO) may be titled
using the “Gross Vehicle Weight Rating” (GVWR), as shown on the MCO. The empty
weight, or shipping weight, may be subtracted from the GVWR to obtain the carrying
capacity. The gross weight of a vehicle should not exceed the GVWR on a MCO.
Signature of the Manufacturer's Agent
A signature is required on the front of the MCO. An authorized distributor may
countersign the MCO. Cases where distributors countersign for the manufacturer are
usually found on MCOs describing foreign made vehicles.
Back of Manufacturer’s Certificate of Origin
The following is general information applying to the back of any MCO:
• If the dealer or individual to whom a MCO is issued to requests have the vehicle titled
in their name, no further assignment is necessary.
• The name of purchaser should appear legibly on all assignments.
• VTR requires the Texas dealer license number on all assignments and reassignments
of MCOs except, on assignments completed out of state and under the conditions in
Transportation Code, Chapter 503. The selling dealer’s name shown on the
assignment must agree with the dealer’s name as it appears on the dealer license
receipt.
• Franchised dealers not franchised to sell that make of vehicle may not reassign a
MCO.
• If a MCO is assigned by a franchised dealer to a non-franchised dealer (licensed to sell
only used vehicles), the franchised dealer is required to complete and file all
documents necessary to apply for a title and registration in the name of the
non-franchised dealer, as this is considered to be a “retail sale”.
A non-franchised dealer may not title a new vehicle for “resale purposes only”.
In order to prevent any inconvenience to a legitimate retail consumer who presents a
MCO assigned to them by a non-franchised dealer, the county should accept and
process the transaction. Forward a copy of the transaction, including the front and
back of the MCO to the Enforcement Division for action.
• The name of the seller on the first assignment on the back of a MCO must be the same
as the purchaser’s name on the face.
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Manufacturer's Certificate of Origin (MCO)
•
•
•
•
•
The lien information shown on the back of the Manufacturer's Certificate of Origin
(MCO) does not need to be completed. However, a release is required if the same
lienholder does not carry forward on the application.
An odometer disclosure statement is required when a new vehicle is transferred to the
first retail purchaser. The odometer disclosure provided for this first retail transaction
must comply with the Truth in Mileage Act requirements. The buyer should
acknowledge the odometer disclosure. The disclosure may be provided by completing
a conforming odometer disclosure statement on the Manufacturer's Statement of
Origin (if applicable) or on a separate odometer disclosure statement. This applies
regardless of whether or not the MCO contains an odometer disclosure statement.
The assignment must show the:
• Firm name and signature of agent or owner.
• Date of Sale.
• Dealer License Number.
Only franchised dealers may use additional assignments to transfer ownership of a
new vehicle, by the use of the Dealer's Reassignment of Title for a Motor Vehicle,
Form VTR-41-A. Dealers may only use this form after all available assignment
spaces on the MCO have been used. (Transportation Code §501.002)
When all assignments have been used on the original Manufacturer’s Certificate of
Origin, dealers may submit a “supplemental” Manufacturer’s Certificate of Origin in
lieu of the Form VTR-41-A.
Rejected Transactions
If the department rejects a transaction for a corrected MCO, a corrected MCO must be
obtained before resubmitting.
Transactions Over Two Years Old
In instances when a retail purchaser desires a title in their name and the date of assignment
to the purchaser on the MCO is over two years old, the purchaser must provide a statement
of fact with the transaction explaining where the vehicle has been and that it has not been
registered or titled in any state.
Under the terms of the Certificate of Title Act, a vehicle remains a “NEW” motor vehicle
until titled.
Oil Company Vehicles
Note: This section applies only to oil company vehicles purchased prior to 9/1/1999.
Owners of vehicles purchased after that date must apply for title under
Transportation Code Section 501.0275, Title Only and pay sales tax and title
fees. If the original MCO is lost for these vehicles, a bonded title, court
order, or tax hearing is required to issue a title.
Unregistered and untitled vehicles owned by oil companies (these vehicles are usually
operated exclusively on oil company property) are considered to be “NEW” vehicles
regardless of age and may transfer in one of the following ways:
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Bill of Sale
•
•
•
Sellers should complete the first available assignment on the MCO in favor of the
purchaser, and the word “none” should be recorded in the space for the “Dealer
License Number.” A statement of fact completed by the seller should accompany the
MCO stating that the vehicle has never been operated upon any public street or
highway.
In the event the vehicle is over two years old and the Manufacturer's Certificate of
Origin (MCO) is not available, the seller must complete a statement of fact as
described in Transactions Over Two Years Old. They must incorporate an assignment,
such as that shown on the back of a MCO, in this statement of fact.
If the vehicle is transferred to a non-franchised Texas dealer, further transfers may not
be made by assignment of a MCO. The non-franchised dealer must apply for title and
registration in the dealership name prior to re-selling the vehicle.
Note: The procedure outlined in Transactions Over Two Years Old applies to
vehicles that were never subject to title and registration because they were
purchased for use on private property and used exclusively off highway. The
exception from title and registration does not apply to vehicles that were
purchased for resale by someone other than a licensed dealer.
10.3 Bill of Sale
Effective May 1, 2001, bills of sale are acceptable in the following situations:
1. with out of state or out of country registration receipts that do not provide transfer of
ownership sections, provided the issuing state does not issue certificates of title as the
negotiable evidence of ownership for that year model vehicle, or the issuing country
only issues registration receipts, and the out of state or out of country receipt reflects
registration that is current or that has been expired for six months or less;
2.
with out of state titles on which all dealer reassignment sections have been completed,
provided the issuing state does not utilize supplemental dealer reassignment forms;
3.
with operation of law transfers;
4.
with component parts utilized to rebuild, reconstruct or assemble motor vehicles; and
5.
with non-titled Texas vehicles.
When a Texas resident has purchased a vehicle with an out of state title that indicates an
assignment to someone other than the Texas purchaser or a licensed motor vehicle dealer,
the options for the “first Texas owner” to obtain a title are to pursue a Tax Collector’s
Hearing, a Bonded Title, or a court order. Additionally, the same options apply when a
Texas titled vehicle is sold to an out of country dealer or resident and then resold to a
Texas resident on the existing Texas title.
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Form 97, US Government Certificate to Title a Vehicle
10.4 Form 97, US Government Certificate to Title a Vehicle
The federal government, on July 1, 1948, required all federal agencies when disposing of
motor vehicles owned by the federal government to complete the United States
Government, Certificate to Title a Vehicle, Form 97, which is a “certificate of release” for
a motor vehicle.
Government bills of sale (certificates of release), rules, and regulations are promulgated
by the federal government and this department.
Texas Dealer Purchaser
If a Texas licensed dealer is named as the purchaser on Form 97, they may assign the
vehicle to a subsequent purchaser using a Dealer's Reassignment of Title for a Motor
Vehicle, Form VTR-41-A. An individual (not a dealer) must secure a Texas title in his or
her name before transferring ownership.
Texas Title with Liens
When Form 97 is completed by an agency of the federal government and a record of
Texas title recording a lien is found, neither a release of lien nor the certificate of title is
required to support the application. With reference to registration, disregard any prior
Texas registration and issue new registration as in the case of an out of state vehicle.
Missing Information
In the event the odometer statement or the description of a motor vehicle as described on
Form 97 is missing, altered, illegible, or incorrect, the applicant must complete a new
form. If the applicant is unable to obtain a corrected Form 97, they must pursue a Tax
Assessor-Collector hearing, bond, or court order.
Donated Vehicles
The Texas Facilities Commission’s Federal Surplus Property Program, disburses donated
vehicles from the federal government to certain exempt agencies. A United States
Government Certificate to Title a Vehicle, Form 97, assigning ownership to the Texas
Facilities Commission should support these transfers. The Commission then transfers
ownership to the receiving exempt agency on their “Affidavit Regarding Title to a Motor
Vehicle.”
Note: When a US Government title Form 97 showing a “salvage”, “flood damaged”,
“Totaled”, or “Not for Highway Use” brand is surrendered to apply for a
negotiable title, the county office should also add the appropriate remark.
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Importer's Certificate
10.5 Importer's Certificate
The volume of out of state vehicles being brought into this State by residents,
nonresidents, new residents, members of the Armed Forces, auto auction companies, and
dealers has grown to the extent that it is almost impossible for the County Tax
Assessor-Collector to determine whether the vehicle was brought into this State for the
purpose of sale as provided by this Section. For this reason, VTR does not reject an
application for a Texas title supported by proper evidence of ownership for lack of an
importer's certificate.
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Chapter 11
SIGNATURE - AUTHORITY TO SIGN
This chapter contains the following sections:
• 11.1 Names
• 11.2 Signature Formats
• 11.3 Powers of Attorney
• 11.4 Secure Power of Attorney
• 11.5 Limited Power of Attorney
• 11.6 Issuance of New Certificate of Title Because of Subsequent Sales
• 11.7 Title and Dealer Assignments
• 11.8 Notarized Documents and Forms
• 11.9 One Document for Multiple Transactions
• 11.10 Acknowledgment
11.1 Names
Transportation Code Section 501.155
(a) 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;
(2)
(3)
(4)
(5)
an application for a certified copy of an original title;
an assignment of title for a motor vehicle;
a discharge of a lien on a title for a motor vehicle; or
any other document required by the department or necessary to the transfer of
ownership of a motor vehicle.
(b) An offense under this section is a felony of the third degree.
An authorized agent's right to complete and sign any application or transfer any certificate
of title is not questioned if it is clear that the agent is countersigning for a firm,
association, or corporation.
Legal Name and Signature Consistency
The owner’s legal name and signature, as shown on the face of the application, should
agree with each other and with the purchaser’s name on the supporting evidence. The
application must be made in the legal name as shown on the identification. If any part of
the name needs to be shortened due to character limitations, shorten the middle name by
truncation.
For example, the legal name John Tom Doe may appear on the identification however the
name on the transfer assignment or the signature may appear as John T. Doe, J. T. Doe,
John Doe, or J. Doe.
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Signature Formats
Note: The surname must agree in all cases. There must not be a discrepancy.
If there are any doubts as to the identity of the signor, request a statement of fact from the
person in question to clarify that they are one and the same person. Examples include
when there is a name change due to marriage or divorce, or where a title reflects the name
of John Doe and the signature reflects John Doe, Sr.
Joint ownership
Joint ownership (two or more owners) must appear on an application as the legal name of
both owners as it appears on their identification and each should sign their own names on
the application. Customers may not use the words “or” and “and/or” either on the
assignment or on the face of the application to denote joint, dual, or co ownership.
Note: Customers may not use the word “and” to connect the signatures of joint
owners, as each owner must individually sign the application.
Rights of Survivorship
If one or more persons submit both an application for title and a jointly signed “Rights of
Survivorship” agreement, the department places the words RIGHTS OF
SURVIVORSHIP on the certificate of title. Upon the death of one or more of the persons
named in the agreement, the department issues a new certificate to the surviving person(s)
or the surviving persons’ transferee upon receipt of a completed application for title and a
copy of the deceased person(s)’ death certificate.
Note: It is recommended that the Legal Name as it appears on the Survivor’s
identification is used, however the ID of the Survivor is not required at the
time their name is placed on the title record and the name is not required to
match the ID.
A number of factors affect how persons may enter into a Rights of Survivorship
agreement and how VTR may issue certificates of title to the survivor(s). Refer to
Chapter 17, “Rights of Survivorship” for a more detailed discussion.
11.2 Signature Formats
1.
Assignments and applications in the name of John Doe, et al (meaning “and others”) is
considered to be a company name and does not require authority for the agent to sign.
2.
The name of the owner does not have to appear over the agent's signature in the
signature space on an application for title. A company name shown in the signature
space must agree with the name of the owner. If the agent signing requires authority
(as in the case of a power of attorney), the notation Power of Attorney, POA, or P/A
must be shown adjacent to their signature; and proper authority to support their
signature must be attached to the transaction.
Example 1:
Name of Owner:
Signature of Owner or Agent:
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11-2
XYZ Company
John Smith
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Signature Formats
Example 2:
Name of Owner:
Signature of Owner or Agent:
XYZ Company
XYZ Company by John Doe (POA)
Joint Owners/Power of Attorney/Miscellaneous
3.
If joint owners of a vehicle give authority to another individual to apply for title in
their names, they must attach a power of attorney signed by all the owners.
4.
In the case of joint owners, one of the joint owners may give the other joint owner(s)
power of attorney to sign for him/her. They must attach the power of attorney, and the
following is an example of how the names of owners and the signature of the attorney
should appear:
Example:
Name of Owners:
Signature of Owner or Agent:
5.
Tom Smith - Jack Brown
Tom Smith
Jack Brown by Tom Smith (POA)
An individual may give a company a form of power of attorney in which no specific
agent is named to act for the company. They should attach the power of attorney to the
transaction. The company's name should appear in the space for signature of owner;
and the agent's signature should appear as signing for the company.
Example:
Name of Owner:
Signature of Owner or Agent:
6.
Tom Smith
Tom Smith by XYZ Company, John Doe (POA)
If the title reflects the owner’s name as John Doe and the signature reflects John Doe,
Sr., or John Doe, Jr., a statement of fact may be requested from that person to clarify
that they (John Doe and John Doe, Sr./Jr.) are one and the same person.
Example:
Name of Owner:
Signature of Owner or Agent:
7.
John Doe
John Doe, Jr.(May request Statement of Fact)
A signature of owner should be accepted regardless of the manner in which an owner
signs, prints, or “X's” their name. The words “His/Her Mark” should appear adjacent
to an “X” when the owner signs in this manner.
Business Entities
8. An individual's name in partnership with a company or firm may appear on an
application for title. In these cases, the company or firm's name should be
countersigned by an agent and the individual's signature should appear. A business
card or authorization written on the letterhead of an entity named as power of attorney
that matches the identification of the employee; and identification of the owner or
lienholder is required.
Example:
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Signature Formats
Name of Owner:
Signature of Owner or Agent:
Joe Doe and Union Oil Company
Joe Doe - Union Oil Co. by John Smith
If applicants desire the vehicle titled in the names of an individual and a business, the
individual may sign once as the individual owner and again as the business owner. No
authority is required for the individual owner to sign on behalf of the business.
Example:
Name of Owner:
Signature of Owner or Agent:
9.
Joe Doe and Union Oil Company
Joe Doe - Joe Doe for Union Oil Co.
In the event two companies are shown as joint owners on the application for title, a
different agent must sign for each company, unless authorization is attached for the
agent of one company to sign for the other.
Example:
Name of Owner:
Signature of Owner or Agent:
American Oil Co. and Union Oil Co.
American Oil Co. John Doe-Union Oil Co.
Pete Smith
10.
If the purchaser of a vehicle appears on the assignment as Joe Doaks d.b.a. Doaks
Motor Company, the name of owner on the application for title may appear either as
“Joe Doaks d.b.a. Doaks Motor Company” or as “Doaks Motor Company”. No
authority is required for an agent to sign for a firm or company.
11.
Evidence of authority need not be attached for an owner or agent signing as, or for, a
“Trustee,” provided the owner or agent does not sign as, or for, trustee of a trust,
trustee of an estate, trustee in bankruptcy, or trustee for a minor.
12.
No person may sign for the estate of a deceased person without attaching evidence of
legal authority, such as Letters of Administration, Letters Testamentary, Probate
Proceedings (also muniment of title), or Affidavit of Heirship. (Refer to Chapter 16,
“Operation of Law”)
13.
If a company, firm, or corporation is doing business in the name of an estate, evidence
of authority is not required for an agent to sign provided they sign as an agent or
manager of the estate.
Example:
Name of Owner:
Signature of Owner or Agent:
John Doe Estate
Jack Brown, Manager(Manager)
14.
When the name of owner is a firm's name, an agent must sign for the firm in the space
provided for “Signature of Owner or Agent” on the application.
15.
“Inc.” should not be changed to “Co.” or “Co.” to “Inc.” Neither should an application
for corrected title be used to make corrections of this nature, unless there is an affidavit
attached from the previous owner verifying the correct name. Otherwise, the title has
to be assigned from “Co.” to “Inc.” or “Inc.” to “Co.”
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Signature Formats
16.
When an application for title is supported by a Texas title reflecting that authority has
been given to an individual to act in the name of the owner, no further evidence of
authority need be attached.
17.
In the event an assignment shows an individual's name and a firm's name as “TOM
JONES for XYZ COMPANY,” only the name of the company should appear on the
application in the space for “Name of Owner.” If the individual's name and the firm's
name are worded on the assignment as “TOM JONES OF XYZ COMPANY,” Tom
Jones should appear in the space on the application for “Name of Owner.”
18.
When an agent signs for an owner, no evidence of authority needs to be attached if the
application is supported by an application for Registration Purposes Only, Form
VTR-272.
19.
Evidence of authority is not required when a person or agent signs for a Texas licensed
dealer when the dealer's name appears as an individual followed by their current dealer
license number.
Example: John Doe, P8523
Miscellaneous
20. No authority is required for a father or mother to sign for a minor child if no
inheritance is involved. (If inheritance is involved, refer to Chapter 16, “Operation of
Law”.)
Example:
Name of Owner:
Signature of Owner or Agent:
John Doe (Minor)
Jack Doe (Parent)
21.
Electronic, digital or signature stamps are not acceptable.
22.
If an owner loses the ability to sign documents a legal guardian must be appointed.
Application for Title Signed by a Trustee and Authority Required
Refer to Table 11-1 for signature information when dealing with all forms (living, estate,
family, etc.) of trusts.
Table 11-1
Application for Title Signed By A Trustee And Authority Required
Signature For Owner On
Name Of Owner On Face Of Title Assignment of Title
John Doe
Robert Brown
ABC Company
John Doe Trust Estate (Agreement)
John Doe Trust Estate
John Doe Estate
John Doe
John Doe, Trustee for Joe Black
(minor)
Joe Black (minor)
Motor Vehicle Title Manual
Authority Required
John Doe, Trustee
Mary Smith, Trustee
John Doe, Trustee
Mary Smith, Trustee
None
None
None
1Statement of Fact or
Affidavit of Trust
Kay Lane, Trustee by Jane Smith, POA 2Statement of Fact or
Affidavit of Trust and POA
Susan James, Executor
Letters Testamentary
Bankruptcy Court Order
Appointing Trustee
Lillian Avery, Trustee
Statement of Fact or
Affidavit of Trust
John Doe, Trustee
John Doe, Guardian
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Powers of Attorney
Signature For Owner On
Name Of Owner On Face Of Title Assignment of Title
Authority Required
John and Mary Doe Living or Family John Doe, Mary Doe
Trust
Statement of Fact or
Affidavit of Trust
1. When a legal trust is established, a trustee or trustees are appointed to conduct the business associated with the trust including the
titling or transfer of motor vehicles. A Statement of Fact or an Affidavit of Trust is acceptable for signature authority. When signed by
the trustee, a Statement of Fact is acceptable in lieu of an actual copy of the Trust Agreement. The statement of fact must state the
name of the person or persons who appointed the trustee and state whether or not the agreement is on file with the county clerk. If on
file, the number under which it is recorded must appear.
2. If the trustee has appointed a Power of Attorney (POA) and the POA completes documentation on behalf of the trustee, an original or
certified copy (notarized) of the POA must accompany the title transaction in addition to one of the above referenced options that
identifies the trustee.
23.
A leased vehicle should always be titled in the name of the lessor (person or firm who
actually owns the vehicle). The legal name and address of the lessor should appear in
Block 14, Applicant’s/Owners’s Legal Name (Owner/Title Recipient field), which
enables a leasing company to receive the negotiable title. The name and address of the
lessee (person or firm to whom the vehicle is leased) may appear on the application for
title in Block 14c, Registrant’s Name (Renewal Notice Recipient field), which allows
the lessee to receive the renewal notices.
Customers should complete the application as follows:
14. Applicant’s/Owner’s Legal Name(s):
American Fleet Corporation (Lessor)
14800 Central Street
Houston, Texas 77060
14c. Registrant’s Name:
Tom McWright
1811 Oakland Drive
Houston, Texas 77055
In order to identify this type of transaction as a leasing agreement, the word “Lessor”
in parentheses follows the owner’s name as indicated above. An application for title is
not acceptable if the name of the owner and lienholder is the same.
11.3 Powers of Attorney
Legal authority for one person to sign for another.
Power of Attorney
A power of attorney (POA) is defined as the written authority for one person to act for
another. Refer to Acknowledgment in this chapter for a list of persons eligible to take
acknowledgments and for the manner in which the signature of the attorney-in-fact should
appear on the application.
The Power of Attorney to Transfer Motor Vehicle, Form VTR-271, is the department’s
motor vehicle form. The grantor of a power of attorney must state in the document the
name of the attorney-in-fact. (For example: The word “Bearer” should not appear in lieu
of the name of the attorney-in-fact.) Customers must attach the original or a certified copy
of a power of attorney to a title transaction as evidence of the appointment of an
attorney-in-fact.
The power of attorney cannot be granted to the selling or buying dealer, an employee of
the dealer, or relative of the dealer, unless the vehicle is exempt from the odometer
disclosure law (See Vehicles Exempt from Disclosure in Chapter 15). The Form
VTR-271 may be used in a dealer sale if a disinterested third party is appointed. A
disinterested third party is defined as an individual with no relationship to the dealer or
dealership.
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Powers of Attorney
When a power of attorney has been granted, the attorney-in-fact cannot appoint another
agent or attorney-in-fact unless the original grantor has given the attorney-in-fact the
“power of substitution” and it is stated in the original power of attorney.
A general or limited POA assuming it includes language such as “transfer” and “vehicle”
can be used for title assignments. However, if the form or document requires the named
person to swear to or certify it, then a POA can not be used. Another individual can't swear
for or certify a document or form for the named individual. For example, a POA could not
be used for an heirship affidavit to claim as heir. However, once the heir has signed the
affidavit, the heir could give another individual POA to transfer the vehicle.
Returning a Power-of-Attorney
If an individual desires the return of a power of attorney or other evidence of lawful
authority, the County Tax Assessor-Collector may return the original document to the
applicant and submit a copy of the document with the title transaction provided the copy is
verified as to its authenticity; or the County Tax Assessor-Collector may include the
original document in the title transaction with a note attached to the transaction requesting
the department to return the original document to the applicant. The note should include
the complete mailing address of the individual making the request. Otherwise, the
department records and destroys the document along with the other supporting evidence.
The department honors a request to return a Manufacturer's Certificate of Origin,
certificate of title, or other type of negotiable evidence of ownership once the documents
are stamped “Surrendered” and “Void” by the department. The department's policy for
returning original supporting documents to the owner applies only to items such as powers
of attorney, wills, letters testamentary, guardianship papers, etc.
General Power of Attorney
A general power of attorney is the written authority for one person to act in all business
and legal capacities for another person. The description of the motor vehicle does not need
to appear in this type of power of attorney because the power given to the attorney-in-fact
is general. A general power of attorney may be limited only by a statement that the
document becomes null and void on a certain date. In these instances, when the power of
attorney is limited by date and the attorney-in fact is to complete the final application, that
particular authority does not appear on the certificate of title.
Durable Power of Attorney
A durable power of attorney is the written authority for one person to act in all business
and legal capacities for another person as stated in General Power of Attorney. A durable
power of attorney continues to exist if the principle becomes incapacitated, is not mentally
competent or not physically able to make decisions, unless specifically limited.
Limited Power of Attorney
A limited power of attorney is the written authority for one person to act in a specific
instance or for a particular purpose for another person. This type of power of attorney is
usually limited by a statement specifying what act(s) the attorney-in-fact may perform.
The limitation may confine the attorney-in-fact to the purchase, the sale, or the registration
of a particular motor vehicle; and it may be limited further by a date or a statement.
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Powers of Attorney
Note: A limited power of attorney must contain a description of the vehicle
(including the vehicle identification number). The Power of Attorney to
Transfer a Motor Vehicle, Form VTR-271 is a limited power of attorney
designed to include an odometer statement from an owner who uses the form
to appoint an attorney-in-fact. When the Form VTR-271 is properly
completed, a separate odometer form is not required from the owner.
Death of a Grantor
Upon the death of the grantor (person completing the form), the non durable power of
attorney becomes invalid and the vehicle belongs to the estate. The disposal and transfer
of the vehicle is processed through the usual probate and heirship procedures. A durable
power of attorney is effective until it is revoked by the grantor, or until the grantor’s death.
Note: If the grantor of the power of attorney is deceased and the title assignment
was signed prior to the date of death, the title transaction is acceptable for
processing. However, if the title assignment was signed after the date of death,
the title transaction is unacceptable. The appropriate probate and heirship
procedures must then determine transfer of ownership.
Executor or Administrator
If it is necessary for an executor or administrator to grant a power of attorney, it must be
limited to the specific act and to the specific individual(s) or firm(s) involved. These
limitations mean that the grantor of this power of attorney must specify who serves as
attorney-in-fact to sell or buy a specific vehicle and the amount of money to be exchanged.
An executor or administrator cannot grant a general power of attorney because they were
appointed by the court (or by the testator) to personally transact the business of the estate.
If there is no administration, any one or all of the heirs may grant a power of attorney to
another person if the necessary information shown in the affidavit of heirship (no will left,
no heirs with prior rights, etc.) is stated in the power of attorney.
Two or More Motor Vehicles
In the event an individual gives another person power of attorney to register two or more
motor vehicles, a single power of attorney is acceptable if all the transactions are kept
together with the power of attorney when sent to the department.
Firms, Associations, or Corporations
A power of attorney may be given to a firm, association, or a corporation; and the agent
acting for the organization should clearly indicate by their signature that they are signing
for the firm, association, or corporation.
Two or More Persons as Attorneys
A person may appoint two or more persons as attorneys-in-fact, or a person may appoint a
firm and/or an individual as dual attorneys-in-fact. In these cases, the wording of the
power of attorney always determines who must sign for the grantor.
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Secure Power of Attorney
Examples:
John Doe or Charles Smith (Dual Attorneys-in-Fact) either may sign.
John Doe and Charles Smith (Dual Attorneys-in-Fact) each must sign.
Signatures
When an attorney in fact, executor, administrator, etc. completes the assignment of title,
the signature should clearly indicate for whom they are signing; and their authority should
be indicated in the assignment and/or attached to the transaction.
Examples:
JOHN SMITH by William B. Long, POA
JOHN SMITH by Robert J. Brown, Executor
11.4 Secure Power of Attorney
Only licensed motor vehicle dealers, salvage yards and insurance companies may use the
secure power of attorney Power of Attorney for Transfer of Ownership to a Motor Vehicle,
Form VTR-271-A.
Power of Attorney to Transfer Ownership and to Disclose Mileage
This form is used when the transferring title is a Texas Certificate of Title physically held
by a lienholder or the title has been lost. However, customers may use a a non-secure
power of attorney Power of Attorney to Transfer Motor Vehicle, Form VTR-271 if the
vehicle is exempt from odometer disclosure requirements due to the year model or the
transfer document is non-conforming. (See Chapter 15, “Odometers”)
When a dealer or insurance company buys a motor vehicle from an owner who does not
have the title for either of these reasons and does not wish to return to the purchaser to
complete the odometer disclosure statement and title assignment, they should complete
this form as follows:
1. Both the seller and the buyer must complete and sign part A. Both the original and the
duplicate power of attorney should contain original signatures.
2.
Upon receiving the title, the dealer may complete the assignment and odometer
disclosure on the title. A dealer must file application for title in a buyer's name
supported by this power of attorney.
Power of Attorney to Review Title Documents and Acknowledge
Disclosure
If the dealer retails the motor vehicle before receiving the certificate of title, the purchaser
may grant power of attorney to the dealer to complete the purchaser's acknowledgment of
the odometer disclosure.
In this instance, the retail purchaser and the dealer must complete Part B of the power of
attorney.
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Limited Power of Attorney
Certification
The dealer, upon receiving the certificate of title, should complete Part C.
Note: When both Parts A and B have been completed, the dealer must complete
Part C.
Unless the sale involves an out-of-state purchaser or another dealer, the dealer must then
file the application for title, the secure power of attorney, and any other required
documents and fees with the County Tax Assessor-Collector where the vehicle was
bought, is encumbered, or the purchaser (owner) resides, as directed by the purchaser on
the form County of Title Issuance, Form VTR-136.
11.5 Limited Power of Attorney
Transportation Code Section 501.076
(a) An owner who has a contractual option to transfer ownership of a vehicle in
full or partial satisfaction of the balance owed on the vehicle, as provided in
Section 348.123(b) (5), Finance Code, may execute a written limited power of
attorney that authorizes an agent to complete and sign for the owner, and
provide to the transferee, the form to transfer the title under Section 501.071
and the odometer disclosure under Section 501.072, and the other documents
necessary to transfer title.
(b) The owner may execute the limited power of attorney at the time the owner enters
the contract giving the owner the option to transfer the vehicle or at any time after
that date. The limited power of attorney may only be used if an owner elects to
transfer the vehicle in full or partial satisfaction of the contract and may not be
used by the holder of the contract as part of the holder’s exercise of a remedy for a
default by the owner under the contract.
(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 502.0071,
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
(2) the person may not be the transferee or an employee of the transferee. The
person may not act as the agent of both the transferor and transferee in the
transaction. 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.
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Limited Power of Attorney
(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.
(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.
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. Not more than 120 days
before the transfer of the vehicle by the owner, the transferee or agent under the
power of attorney or person receiving delivery of the vehicle shall in writing
request the owner to provide a signed and dated written statement stating the
odometer reading (not to include tenths of a mile) as of the date of the statement,
and further stating words to the effect that either: (i) to the best of the owner's
knowledge, the odometer reading reflects the actual mileage of the vehicle; (ii) the
actual mileage has gone over the odometer's mechanical limits and the odometer
reading reflects the amount of mileage in excess of the mechanical limits of the
odometer, if the owner knows that to be the case; or (iii) the odometer reading is
not the actual mileage, if the owner knows that to be the case. The statement may
consist of a form in which the agent or transferee or person receiving the vehicle
includes the identification of the vehicle and owner and which allows the owner to
fill in the odometer reading and mark an applicable box to indicate which of
condition (i), (ii), or (iii) is applicable and to date and sign the statement. 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. Unless
the written notification is delivered to the owner at substantially the same time that
the owner is delivering the signed and dated owner's statement, the written
notification must also state a date by which the owner must provide this
information and an address to which it may be delivered. This written notification
to the owner must be in bold letters, underlined, or otherwise conspicuous and
may be in a separate document or included as part of a form to be used for the
owner's statement or in another document relating to the potential transfer. 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. 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. The owner has a duty to return the
signed and dated statement as directed in the notification. 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
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Limited Power of Attorney
knows that the condition identified in the owner's statement is not correct. The
agent will not indicate in the odometer disclosure it completes on the owner's
behalf that the odometer reading is not the actual mileage unless either the owner
has so indicated in the owner's statement or the agent knows that the owner's
statement is not correct. The agent shall transmit the owner's statement it receives
to the transferee after the title transfer is completed. 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. Section 580.8(b), as it may from
time to time be amended. The transferee may rely upon the agent's odometer
disclosure and the owner's statement unless it knows that they are not correct. 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.
(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. 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. 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).
(g) The power of attorney created in this section shall be limited for the purposes and
duration specified in this section.
“Balloon-note Due” Contracts
The specific use of these powers of attorney (POAs) is for the sale of vehicles purchased
with “balloon-note due” contracts.
Specifics of the Limited POA
Owners may sign the POA on the date that the owners sign the “balloon-note due”
contract or at any time after that;
• Is not required to include an odometer disclosure statement from the owners;
• Limits the person appointed and may not include the transferee or an employee of the
transferee; and
• May include an odometer disclosure statement if signed within 120 days before the
date of the transfer.
Note: A separate odometer disclosure statement may remain with the transferee,
and the POA can disclose the odometer certification provided by the owner.
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Issuance of New Certificate of Title Because of Subsequent Sales
Acceptance of the limited POA
County Tax Assessor-Collector offices should accept title transfers with the limited POA
as an approved form for transfer of ownership.
The holder of the contract must include a statement confirming that the vehicle was
returned at the election of the owners and not as a result of remedies for default.
Uncommon Circumstances
Transportation Code Section 501.076 allows the use of these limited POAs in
circumstances that are somewhat uncommon.
• The limited POA can be dated and signed at the time the “balloon-note due” contract
is signed by the purchaser.
• There is the possibility that the limited POA could be multiple years old at the time of
transfer of ownership.
• Since the department does not prescribe the limited POA, there could be several
versions and all versions would be acceptable.
Use of Limited POAs with E-Titles
States with an ELT program allow for the electronic recording of liens and no title
document is issued until a lien is satisfied. Once the electronic lien is satisfied, a clear
certificate of title is issued which may or may not exhibit the following indicators:
• A prior lien notation
• An ELT designation
• A new title issuance date indicating when the lien was released
• The dealer’s name as either the addressee or the new lienholder.
The County Tax Assessor-Collector should check for one of the indicators when
processing transactions involving a title from an ELT state which is supported by a secure
POA. If one of the indicators is noted on the title, the Form VTR-271-A, noting if the title
is physically held by a lienholder or is lost, is acceptable.
11.6 Issuance of New Certificate of Title Because of
Subsequent Sales
If an owner’s name (not a Texas licensed dealer) appears as one of the assignments listed
below, the owner must file an application for title in their own name.
• As the purchaser on the first assignment
• As the purchaser on “reassignment by dealer”
• As the purchaser on the Dealers Reassignment Of Title For A Motor Vehicle, Form
VTR-41-A
11.7 Title and Dealer Assignments
Refer to Chapter 9, Section 9.3 Title Assignments and Chapter 9, Section 9.4 Dealer
Assignments
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Notarized Documents and Forms
11.8 Notarized Documents and Forms
Forms not Requiring Notarization
Effective April 1, 1990, the notarization of certain documents relating to a title transfer, is
no longer required. These documents include:
Table 11-2
VTR Form
Forms not Requiring Notarization
Form Name
Form 30-C
Texas Certificate of Title Assignments and Reassignments
Form VTR-122
Form for Rights of Survivorship Ownership Agreement for a Motor Vehicle
(unless a spouse waiving claim to a vehicle is involved)
Form 130-U
Application for Texas Certificate of Title/Motor Vehicle Rental
Certificate/Seller-Purchaser Joint Affidavit
Form 131-U
Application for Texas Certificate of Title/Motor Vehicle Rental
Certificate/Seller-Purchaser Joint Affidavit
Form 132-U
Application for Texas Certificate of Title/Seller-Purchaser Joint Affidavit for
Dealers or Lessors
Form VTR-141
“Travel Trailer or “Park Model Trailer” Verification
Form VTR-222
Texas Salvage Certificate of Title (Assignments and Reassignments)
Form VTR-261
Prescribed Form of Affidavit of Ownership
Form VTR-266
Prescribed Form for Release of Lien
Form VTR-271
Power of Attorney to Transfer Motor Vehicle
Form VTR-272
Application for Registration Purposes Only
Form VTR-272-B
Vehicle Identification Number Self -certification
Manufacturers' Certificates of Origin
Affidavits of Fact
Bills of Sale for Motor Vehicles Issued In Accordance with Court Orders*
Certifications of Certain Documents that are Attached to Title Transfers Certifying that the Copies are “True
and Correct of the Original”
Bills of Sale from Mexico and other Foreign Countries*
Out-of-state Documents
Limited Powers of Attorney Specifically for the Transfer of Ownership of Motor Vehicles
Odometer Disclosure Statements printed by other than our department
11.9 One Document for Multiple Transactions
If one document (power of attorney, heirship affidavit, will, etc.) is used to support the
applications of more than one transaction, applicants should staple all affected
transactions together with the document and a note attached stating, “These transactions
must be kept together.” Furthermore, counties should submit all related transactions in a
“SPECIAL HANDLING” envelope with a note stating the transactions should be kept
together. An acknowledged copy of the document should support any additional
transactions. Additionally, the county should submit a certification concerning the number
of transactions for which the original document was submitted.
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Acknowledgment
11.10 Acknowledgment
The following individuals are authorized to take acknowledgments on papers related to
Texas title and registration laws:
• Notary Public - (seal affixed - embossed impression or rubber stamped ink
impression) A notary public is authorized by law to take acknowledgment in any
county in this State, regardless of the county in which the notary is appointed. The
name of the notary public should be typed or stamped beneath the notary public's
signature. Also the acknowledgment should include the date of acknowledgment and
the date the notary's commission expires.
• Justice of the Peace and Ex Officio Notary Public - (seal affixed)
• County Clerk- (seal affixed)
• Deputy County Clerk - provided the name of the county clerk is also shown on the
acknowledgment. (seal affixed)
• District Clerk - (seal affixed)
• Deputy District Clerk - provided the name of the district clerk is also shown on the
acknowledgment. (seal affixed)
• County and District Judges - (seal of office affixed)
• Officers of the United States Armed Forces on active duty provided their rank and
branch of service is shown on the acknowledgment. (No seal required)
• Officials of the Diplomatic or Foreign Service of the United States Government may
take acknowledgment within the country to which the official is accredited. The
acknowledgment must show the seal of office, name of office, and the country to
which accredited.
• The County Tax Assessor-Collector and their employees may administer oaths and
take acknowledgments on any document required or authorized to be filed with the
office of the County Tax Assessor-Collector. (When taking acknowledgments on title
and registration forms, the words “Notary Public” should be crossed out and
substituted with County Tax Assessor-Collector or County Tax Assessor-Collector
employee; and the name of the county should be shown.)
• Members of any board or commission created by the laws of this State in matters
pertaining to the duties thereof.
• In instances when an original or a certified copy of a document, such as a will, power
of attorney, chattel mortgage, letters testamentary, etc., is required to support a title
transaction but the applicant does not wish to relinquish the original or certified copy
of the document, the County Tax Assessor-Collector or deputy may, after verifying
the authenticity of the document, allow a copy of the document to be attached to the
title transaction. In these instances, the County Tax Assessor-Collector or deputy
should make a signed statement on the border of the copy that it is a true copy of the
original.
Note: Certification, as it relates to supporting documents, is the act of certifying by
a statement on the document, that the document(s) is a “true and correct copy
of the original.”
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Chapter 12
LIENS
This chapter contains the following sections:
• 12.1 Definitions
• 12.2 Perfection of Security Interest
• 12.3 Sale or Security Interest Not Created by Certain Vehicle Leases
• 12.4 Recordation of Security Interest
• 12.5 Lien Information on Application for Title (Form 130-U)
• 12.6 Income Tax Liens
• 12.7 Accessories Liens
• 12.8 Restitution Liens
• 12.9 Landowner’s Lien
• 12.10 Child Support Liens
• 12.11 Transfer of Equity
• 12.12 Release of Liens
• 12.13 Liens Over 10 Years Old
• 12.14 Electronic Lien Title (ELT)
12.1 Definitions
Transportation Code Section 501.002 (12)
(1) “Lien” means:
(A) a lien provided for by the constitution or statute in a motor vehicle; or
(B) a security interest, as defined by Section 1.201, Business & Commerce
Code, in a motor vehicle, other than an absolute title, created by any
written security agreement, as defined by Section 9.102, Business &
Commerce Code, including a lease, conditional sales contract, deed of
trust, chattel mortgage, trust receipt, or reservation of title.
(C) a child support lien under Chapter 157, Family Code.
The disclosure of a lien (security agreement) on an application for a certificate of title filed
with the County Tax Assessor-Collector constitutes the notation or perfection of the lien
as of the date the application is accepted, and a receipt for title application is issued.
12.2 Perfection of Security Interest
Transportation Code Section 501.111
(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.
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Sale or Security Interest Not Created by Certain Vehicle Leases
(b) A person may perfect a security interest in a motor vehicle held as inventory by a
person in the business of selling motor vehicles only by complying with Chapter 9,
Business & Commerce Code.
12.3 Sale or Security Interest Not Created by Certain Vehicle
Leases
Transportation Code Section 501.112
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.
A security interest in a motor vehicle, except one covering vehicles in a dealer's inventory,
may only be perfected by recording the lien on the certificate of title as provided in
Transportation Code Section 501.113. A security interest covering vehicles in a dealer’s
inventory (floor plan lien) may only be perfected by filing a financing statement in the
office of the Secretary of State. In the ordinary course of business, a security interest
agreement is neither enforceable against the buyer of a vehicle, even if the buyer knows of
its existence, nor is it valid against a motor vehicle, which has been the subject of first or
subsequent sale.
The above paragraph provides that a buyer in the ordinary course of business is not liable
for any encumbrances held against the dealer. The department and its designated agents
are not in a position to know all the facts concerning the nature of an encumbrance and,
therefore, can not determine “who is” and “who is not” a buyer in the ordinary course of
business. Any lien, noted or recorded on a Texas title or Manufacturer's Certificate of
Origin (MCO), must be released or carried forward to an application for a Texas title that
is filed in the name of a third party. If the lien is not released, or noted on the application,
the transaction is unacceptable. Or if title is issued in error, the department revokes the
title and the customer must file a new application to record the lien.
12.4 Recordation of Security Interest
Transportation Code Section 501.113
(a) Recordation of a lien under this chapter is considered to occur when:
(1) the department's titling system is updated; or
(2) the county assessor-collector accepts the application of title that discloses the
lien with the filing fee.
(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.
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Recordation of Security Interest
Protection for the Lender
A lien noted on a Tax Collector’s Receipt for Texas Title Application/Registration/Motor
Vehicle Tax, Form VTR-500-RTS, or Form VTR-31-RTS constitutes valid protection
for the lender against the motor vehicle of a borrower. The lien must be recorded on the
certificate of title so that possible future purchasers have knowledge of the lien. If a motor
vehicle with a recorded lien is sold, with or without the knowledge or consent of the
lender, the rights of the lender remain as long as the lien is duly recorded. No sale or,
succession of sales, invalidates the lien.
Liens not Noted on Certificates and Titles
The creation of a lien is usually a written document between two parties, and the record of
a lien on the certificate of title serves as notice of its creation. A lien not recorded on the
title is valid between the parties and against the vehicle until the time a third party
purchaser intervenes. In the event a lien is created by parole agreement (word of honor),
the validity of the lien, if questioned, would be determined by a court of competent
jurisdiction.
Liens Noted on Certificates and Titles
Any lien noted or recorded on a Manufacturer's Certificate of Origin (MCO), application
for a Texas title, Texas Certificate of Title, out of state certificate of title, out of state
registration receipt, bill of sale, or invoice must be released or carried forward.
• Lien information noted on a MCO need not be complete, but the lien must be released
or carried forward.
• A lien recorded on a Texas title is not required to be released when:
• An application for corrected title is filed recording a new lien in favor of the same
lienholder as is recorded on the surrendered title (with no change in ownership).
• A Texas title is transferred and the lienholder on the surrendered evidence is the
same as recorded on the new application. (Dates may differ.)
• A lien recorded on out of state evidence is not required to be released when there is no
transfer of ownership from an out of state title and the same lienholder is being
recorded on the Texas application as is recorded on the out of state title. (Dates may
differ.)
• An out of state lien recorded on out of state evidence cannot be carried forward to a
Texas title when there is a transfer of ownership unless:
• A release of lien is attached; or
• Authorization from the lienholder is attached.
Note: If a Texas lienholder is recorded on out of state evidence being surrendered in
support of a Texas application, require the same release as if the lien were on
a Texas title.
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Lien Information on Application for Title (Form 130-U)
12.5 Lien Information on Application for Title (Form 130-U)
If a first lien is to be recorded on the subsequent title, the first lienholder’s name, address,
city, state, and zip code should be shown in the “LIEN” area located at the bottom of the
reverse side of the new Texas title documents (those issued on or after April 29, 1990). If
the first lien information is recorded on the Application for Texas Certificate of Title,
Form 130-U and the Tax Collector’s Receipt for Title Application/Registration/Motor
Vehicle Tax, Form VTR-500-RTS, or VTR-31-RTS but is not shown in the “LIEN” area
on the reverse side of the new title document, the title transaction is acceptable when filed
at the county tax office.
Lien Wording
The heading over the lien space on the application reads as follows: “This Motor Vehicle
is Subject to the Following First Lien”; therefore, the word “None” need not be inserted on
the application if the vehicle is not subject to a lien. However, on the Tax Collector's
Receipt for Title Application/Registration/Motor Vehicle Tax, Form VTR-500-RTS, or
Form VTR-31-RTS, the word “None” should be recorded in the space for first lienholder
if there is no lien. This discourages alterations to the receipt copies. If there is a first lien
but no second lien, the word “None” should be shown in the space for second lienholder.
The date of lien and the name of lienholder should be included in the first lien information
shown on the application. And the correct address and zip code must be included in the
mailing address for the post office to deliver the negotiable Texas Certificate of Title to
the lienholder. In the case of joint lienholders, only one address should be shown.
An Additional Liens Statement, Form VTR-267, must be attached to the Application for
Texas Title, Form 130-U, when more than one lien is to be recorded. The Form VTR-267
must be completed and be submitted with the title transaction.
The name of a nationally known lienholder may be abbreviated in the space provided on
the application for the “Name of Lienholder”. Example: GMAC.
The word “or” or “and/or” may not connect the names of joint lienholders.
Altered Lien Information
Date
The date of a lien shown on an application may be altered provided the result of the
alteration is legible. If the date of lien shown on the application is not legible after
alteration, a new application should be requested. Strikeovers and erasures, which leave
any doubt to the correct date of lien, are not acceptable.
Name
If the lienholder’s name has been altered, a statement of fact should be required from the
lienholder explaining the alteration and stating that they are the correct lienholder that
should be recorded. If the lien information on the application is erased and another lien is
not shown, a statement of fact should be required from the lienholder stating that they
have no interest in the vehicle; or the owner must complete a new application showing no
erasures. Erasure of lienholder's name is not acceptable.
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Lien Information on Application for Title (Form 130-U)
Address
An alteration of the lienholder’s address on an application for title is acceptable if the
alteration is legible. If the lienholder is a “Bank” that has an accepted name used by many
different banks located in various cities throughout the State, such as First State Bank,
City National Bank, etc., an alteration of the lienholder’s city on the application require
the same evidence as if the lienholder’s name was altered.
Rejected Form VTR-500-RTS
If a Tax Collector’s Receipt for Title Application/Registration/Motor Vehicle Tax, Form
VTR-500-RTS has been issued and reported to the department and the transaction is
subsequently rejected by the department and returned to the county at the request of the
county, owner or lien holder to delete the lien information or add a new lienholder, the
following apply:
• The correction must be processed in the Correct Title Rejection event.
• Issue a new Form VTR-500-RTS to record or remove (correct) the lien. The new
receipt should indicate that no registration was issued.
• The $28/$33 application fee should not be applicable when it is a county error and a
statement of fact from the County Tax Assessor-Collector supports the issuance of a
“NO CHARGE” correction.
Note: The old application and receipt should be submitted as evidence with the
corrected title transaction. An “X” should be placed in the title number space
of the old application to ensure that the corrected application is utilized when
processed by the department.
Out of State Vehicles
If an alteration on a Manufacturer's Certificate of Origin (MCO) or out of state evidence
shows a different lienholder’s name, require a release or an affidavit of “non interest”
from the originally recorded lienholder.
The notation of a lienholder’s name with the word “Note” or “Lien” or the notation of
amount of money plus the abbreviation for Chattel Mortgage (C.M.), Promissory Note
(P.N.), or Conditional Sales Contract (C.S.C.) constitutes notice of a valid lien and must
be carried forward or released. These simple notations may occur on Manufacturer's
Certificates of Origin (MCOs), Texas titles, out of state titles, out of state registration
receipts, bills of sale, or invoices.
The date of lien does not have to be shown on the face or on an assignment of an out of
state title, a registration receipt from a non title state, a bill of sale, or invoice; however, a
definite date must be established if the lien is carried forward to the Texas application.
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Lien Information on Application for Title (Form 130-U)
Priority of Liens
All liens on motor vehicles should take priority according to the order of time they are
recorded on the certificate of title. If a lien has been created by contract, prior to a
subsequent one, and the subsequent lien is filed first then the subsequent lien has priority
and is, in fact, the first lien. The first lien recorded remains the first lien even though a
second lien is later recorded showing an earlier date, unless the first lienholder agrees in
writing for the second recorded lien to appear as first lien. For information regarding the
effect of liens on CCO applications see Title Records Recording a Lien.
The rules of priority as stated in the above paragraph apply except in the case of statutory
liens or liens given by rule of law, such as a garage keeper's lien on a vehicle deemed
abandoned under the provisions of Chapter 683 of the Transportation Code. If a vehicle is
left in a storage facility and “deemed abandoned”, the owner or lienholder must redeem
the vehicle by payment of the garage keeper's claim. Failure by the owner or lienholder to
exercise their right to reclaim the vehicle is deemed a waiver of all right, title, and interest
in the vehicle; and constitutes consent to the sale of the vehicle at a public auction. This
statute nullifies a recorded lien under the conditions stated above and gives a garage
keeper's lien first priority.
Errors and Forgery
If a former lienholder claims that their interest in a vehicle was released in error or by
forgery, the matter must be settled in court or between the parties. The department does
not enter into disputes of this nature.
Second Liens
A second lien may be recorded without releasing the first lien. The recorded owner may
correct the title by adding a second lien; or if the owner sells the vehicle, the new owner
may carry the original lien forward and add a second lien. The first lien must be carried
forward to the new application as the first lien.
Joint Liens
Two or more persons holding the same lien constitute joint lienholders. Joint lienholders
have equal rights and both must act in all cases in regard to their equity. Only one address
should be shown for joint lienholders. First and second lienholders are not considered
joint lienholders.
Lienholders’ Address
A lienholders’ address must include the street address or post office box number.
Note: Zip Code Numbers must be included as part of each mailing address
appearing on title applications.
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Income Tax Liens
Corrected Titles
A lien may be recorded on an application for corrected title and a new title may be issued
regardless of the fact that the vehicle may not be currently registered or the motor vehicle
record indicates a Safety Responsibility Suspension.
Exempt Vehicles
Liens are valid against vehicles registered with exempt license plates, if properly recorded
on certificates of title.
Et Al
A group of individuals may show their lien as “John Doe”, et al. (Et al means “and others”
and is considered a company name.)
Liens on Component Parts
If a bill of sale for a component part of a motor vehicle (body, frame, motor) shows a
recorded lien, the lien does not need to be released or carried forward to the application as
under the Certificate of Title Act. A lien is only valid against the whole motor vehicle;
however, a lien recorded on a title, which is used as a bill of sale for a component part,
must be released or carried forward because such lien was not against a component part.
12.6 Income Tax Liens
The federal government may place a lien on the property of a delinquent taxpayer. Such a
lien against a motor vehicle is valid whether filed or not. However, an Income Tax Lien
does not have priority over a prior lien recorded on a certificate of title, unless it was
recorded after the Income Tax Lien was filed. If the evidence reveals a recorded lien, it
must be released. When motor vehicles are seized and sold by the IRS to satisfy a tax debt,
a Form 97 is not needed.
An application for title resulting from a sale to satisfy an Income Tax debt must be
supported by either:
• A properly assigned title to the buyer; or
• A verification of the ownership from the state of origin.
Note: If verification of the ownership records from the state of origin cannot be
obtained, the options available to obtain Texas title are as follows:
•
•
•
Pursue a “Bonded” title, if they meet the requirements set out in the Transportation
Code, §501.053;
Obtain title in the other state, prior to transferring to Texas; or
Pursue litigation through a court of competent jurisdiction.
12.7 Accessories Liens
Accessories liens are not valid (Transportation Code Section 501.004).
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Restitution Liens
12.8 Restitution Liens
Code of Criminal Procedures, Article 42.22, Restitution Liens, provides for the filing of
statutory liens on motor vehicle certificates of title to secure the amount of restitution,
fines, or costs awarded to a crime victim or the state by a court in a criminal case.
A restitution lien may be established by a court order to a victim of a criminal offense (the
term “victim” also includes a close relative of a deceased victim, or the guardian of a
victim).
Lienholder
The lienholder name recorded on the application for a title must be the name of the court
ordering restitution in the court order or judgment. For example:
County Court at Law # __
c/o Clerk of the Court
Mailing Address of Court
Filing/Perfection
A restitution lien against a motor vehicle must be perfected in accordance with
Transportation Code Section 501.111, and may be filed by the victim or the attorney
representing the state. To record a restitution lien, an application for a title must be
supported by:
• The negotiable certificate of title in the name of or assigned to the defendant;
• An Application for Texas Title, Form 130-U.
• Additional Liens Statement, Form VTR-267, if applicable;
• The original or a certified copy of the court order or judgment establishing the
restitution lien and requiring the defendant to pay restitution, fines, or costs;
• An affidavit to perfect the restitution lien. The affidavit MUST be signed by the
attorney representing the state or a magistrate and MUST include:
• the name and date of birth of the defendant whose property or other interests are
subject to the lien;
• the residence or principal place of business of the defendant, if known;
• the criminal proceeding giving rise to the lien, including the name of the court, the
name of the case, and the court’s file number for the case;
• the name and address of the attorney representing the state and the name of the
person entitled to restitution;
• a statement that the notice is being filed under Code of Criminal Procedure, Article
42.22, Restitution Liens;
• the amount of restitution and the amount of fines and costs the defendant has been
ordered to pay by the court;
• a statement that the amount of restitution owed at any one time may be less than
the original balance and that the outstanding balance is reflected in the records of
the clerk of the court hearing the criminal proceeding giving rise to the lien; and
• the vehicle description and vehicle identification number.
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Landowner’s Lien
Fees
The applicant must pay the applicable title application fee and the $5 filing fee required of
the Code of Criminal Procedure, Article 42.22, Section 7 (b).
Priority
A restitution lien is subordinate (not superior) to other liens recorded on the surrendered
evidence of ownership. If the surrendered evidence of ownership indicates a recorded lien,
a restitution lien should be recorded as a second or third lien, whichever is applicable.
Release of Lien
The clerk of the court recorded as the lienholder on the certificate of title receives
payments from the defendant and maintains a record of the outstanding balance of
restitution, fines, or costs owed. A restitution lien expires on the 10th anniversary of the
date the lien was filed or on the date the defendant satisfies the judgment creating the lien,
whichever occurs first. The person having an interest in the lien may re-file the lien before
the date the lien expires. A lien that is re-filed expires on the 10th anniversary of the date
the lien was re-filed or the date the defendant satisfies the judgment creating the lien,
whichever occurs first.
12.9 Landowner’s Lien
Chapter 70, Property Code, provides for landowners to obtain a court order entitling them
to a lien against the motor vehicle of a person who damages the landowner's fence, if that
person is the vehicle owner, or has consented for someone to drive their motor vehicle that
caused the damage.
Filing/Perfection
Liens may be perfected under this subchapter in the manner provided by Subchapter F,
Chapter 501 of the Transportation Code. The lien is perfected when the department issues
a subsequent title recording the lien. An application for title to record a landowner’s lien
must be supported by:
• a judgment signed by the judge of a county justice of the peace court or higher
jurisdiction; or
• properly assigned ownership document; and
• an application for certificate of title (Form 130-U) that discloses the lien accompanied
by the title application fee.
Lien Amount
The amount of the lien is equal to or the lesser of:
• the fair market value of the motor vehicle when the fence was damaged; or
• actual cost to repair the fence and, if any livestock or other animals escaped due to the
fence damage, to recapture the escaped livestock or other animals.
Release of Lien
The lien does not expire and is not discharged until the landowner receives payment.
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Child Support Liens
Priority
A landowner’s lien is subordinate (not superior) to other liens recorded on the surrendered
evidence of ownership or in the motor vehicle record. If a recorded lien is indicated, a
landowner’s lien should be recorded as a second or third lien, whichever is applicable.
12.10 Child Support Liens
Note: Family Code, Chapter 157, Child Support Liens, provides for the filing of
child support liens on motor vehicle certificates of title for past due, court
ordered child support.
Filing/Perfection
Child support liens against motor vehicles must be perfected in accordance with
Transportation Code Section 501.111. The lien is perfected when the department issues a
title recording the lien. To record a child support lien, an application for a title must be
supported by:
• The negotiable certificate of title in the name of or assigned to the obligor (the one
who is required to make payments under the terms of a support order for a child);
• An Application for Texas Title, Form 130-U;
• Additional Liens Statement, Form VTR-267, if applicable; and
• A Child Support Lien Notice, which has been filed with the county clerk’s office or a
certified copy of an abstract of judgment.
Priority
A child support lien is subordinate (not superior) to other liens recorded on the
surrendered evidence of ownership. If the surrendered evidence of ownership indicates a
recorded lien, a child support lien should be recorded as a second or third lien, whichever
is applicable.
Release of Lien
A release of lien for a child support lien may be filed with the county clerk in the county in
which the original Child Support Lien Notice was filed. The release of lien from the
county clerk is acceptable to release the lien on a certificate of title.
12.11 Transfer of Equity
Assignment of Lien
Transportation Code Section 501.114
(a) A lienholder may assign a lien recorded under Section 501.113 without making
any filing or giving any notice under this chapter. The lien assigned remains
valid and perfected and retains its priority, securing the obligation assigned to
the assignee, against transferees from and creditors of the debtor, including
lien creditors, as defined by Section 9.102, Business & Commerce Code.
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Transfer of Equity
(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
(2) notify the debtor of the assignment.
(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.
(d) An application under Subsection (b) must be acknowledged by the assignee.
(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
(2) issue a new title as provided by this chapter.
(f) The issuance of a title under Subsection (e) is recordation of the assignment.
(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.
(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. Notice given to the last known
lienholder of record, as provided by that chapter, is adequate to allow foreclosure
under that chapter.
(i) Notwithstanding Subsections (a)-(g) and the procedures that may be conducted
under those subsections, the assignment of a lien does not affect the procedures
applicable to the release of a holder's lien under Section 348.408, Finance Code.
Transportation Code Section 501.114 provides that the security interest in a motor vehicle
may be transferred from the recorded lienholder to another lienholder.
Application for Certificate of Title
The new lienholder may file an Application for Certificate of Title, Form 130-U, to
change the name of the lienholder on the current title without obtaining the recorded
owner’s signature on the form or the owner’s identification. This may be accomplished by
completing and filing a Form 130-U with the County Tax Assessor-Collector in the
recorded owner's or the new lienholder's county of residence. In addition, the information
provided in the numbered fields below should be completed appropriately:
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Release of Liens
1.
Number 14 - The name of the owner should be the same as reflected on the
surrendered negotiable certificate of title or certified copy. However, indicate the
current address so the owner continues to receive registration renewal notices.
2.
Number 16 - The date of lien should be the same as reflected on the surrendered
negotiable certificate of title or certified copy. The name and address of the new
lienholder must be shown. Complete 16a, 16b, and 16c as applicable.
3.
Number 17 - The “No Change in Ownership” block should be marked to indicate the
filing of a corrected application for title with no change in ownership.
4.
Number 18 - The odometer reading should be the same as reflected on the surrendered
negotiable certificate of title or certified copy. The odometer title brand should be the
same as reflected on the surrendered negotiable certificate of title or certified copy. If
an odometer title brand is not reflected, the assignee for the new lienholder must
indicate to the best of their knowledge a statement of actual mileage, not actual
mileage, or mileage exceeds mechanical limits.
5.
Number 22 (and 23, if applicable) – Lien Transfer/ No Change in Ownership should
be indicated in the seller's signature area.
6.
Number 24 - The new lienholder or assignee of the new lien (not the owner) must sign
and date the application.
Supporting Information
The Application for Texas Certificate of Title, Form 130-U must be supported by:
• A copy of the agreement (Transfer of Equity) completed by the assignor (recorded
lienholder) and the assignee (new lienholder) specifying that the security interest in
the vehicle described on the negotiable Texas Certificate of Title is being assigned or
transferred.
• The negotiable certificate of title or certified copy reflecting the lien to be assigned or
transferred.
• $28.00 or $33.00 application fee.
Note: Do not release the lien, because the recorded lienholder's date of lien carries
forward to the new title.
12.12 Release of Liens
Transportation Code Section 501.115
(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, Finance Code, execute and deliver to the owner, or the owner's
designee, a discharge of the lien in a manner prescribed by the department.
(b) The owner may submit the discharge and title to the department for a new title.
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Release of Liens
Upon the discharge of a lien(s), the lienholder shall deliver to the owner, or the owner’s
designee, a discharge of the lien within ten (10) days from receipt of final payment. The
release may be executed on the Prescribed Form for Release of Lien, VTR-266, the
prescribed release of lien space located on the certificate of title, or on the lienholder’s
official letterhead.
Missing Records
If no record is found and every resource in the departments’ records has been checked,
counties may accept and process a title transaction to remove a lien, if the appropriate
documentation is provided.
If the evidence of ownership indicates a lien, acceptable documentation includes a:
• Photocopy of an Original or Certified Copy of the Certificate of Title in the applicant’s
name, with release of lien, if applicable;
• Photocopy of a non-negotiable title in the applicant’s name, with a release of lien, if
applicable;
• Photocopy of a Texas Vehicle Registration Receipt (regardless of the year of issuance)
in the applicant’s name; or a
• Photocopy of a Tax Collector’s Receipt for Texas Title Application, Form
VTR-31-RTS or Form VTR-500-RTS, regardless of the year of issuance, in the
applicant’s name.
The applicant may submit an Application for Texas Title, Form 130-U, Verification of
Ownership, Form VTR-268, evidence of ownership, release of lien, and appropriate title
fee to the County Tax Assessor-Collector’s office.
The transaction may be processed for title issuance.
Title issues as a negotiable title in the owner’s name as shown on the evidence of
ownership.
Executing Release of Liens
The release of a lien may be executed on the prescribed release of lien space located on the
certificate of title, a Prescribed Form for Release of Lien, Form VTR-266, or a letter on
company letterhead stating that the lien has been paid (must be signed and dated). The
letter must contain the description of the vehicle or the certificate of title/document
number. All release of lien forms must be signed by the lienholder or show the
lienholder’s name and be signed by the lienholder’s agent if the lien is recorded in a
company name.
First or Second Liens
First or second liens recorded on a Texas Certificate of Title may be released by using the
prescribed space provided on the title. Liens recorded on Texas titles may be released as
follows:
• The release of lien space provided on the face of the title need only be signed and
dated by the lienholder or by an authorized agent acting for the lienholder.
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Release of Liens
•
•
•
•
•
•
•
•
•
•
The release of lien space located on the backside of the old Dexigraph type titles
issued prior to March 1968 must be dated and signed by the lienholder or by an agent
authorized by the lienholder. The lienholder’s name must be shown if the lien is in the
name of a company, firm, or corporation.
When one firm takes over another firm, they may release liens or transact business in
their name by signing as “Successor to (other firm)” or as “Formerly (other firm).”
In the event a joint (dual) lien is to be released, a different agent must sign for each
lienholder, unless authority is attached for one agent to sign for both lienholders.
If the recorded lienholder is an individual who is deceased and there is no
administration on the estate, an Affidavit of Heirship must be attached to the
transaction.
An agent signing for a company, firm, association, or corporation is not required to
attach evidence of authority to a release. If the recorded lienholder is deceased, proper
authority, such as Letters of Administration, etc., must be attached authorizing the
signature. If there has been action against a company, firm, association, or corporation
caused by “Operation of Law,” proper authority for the agent to sign must be attached
to the transaction.
A release of lien is only acceptable if signed in ink.
If a lienholder’s name is recorded in error on a Texas title, the lien may be released,
and/or an application for corrected title filed, provided an affidavit is attached from the
lienholder stating that they are the correct lienholder and there is no such lienholder as
that recorded on the certificate of title. In addition, a copy of the security agreement
must be attached to the transaction.
A first lien may be released and a second lien carried forward or a second lien may be
released and a first lien carried forward.
All releases of lien must show an individual’s or agent’s signature. Initials are not
acceptable.
An out of state lienholder may release their lien recorded on a Texas title in the same
manner as a Texas lienholder; or the lien may be released by letter or by company paid
stamp, dated and countersigned. A prescribed release of lien form from their home
state is also acceptable.
Multiple Lienholders
No release of lien is necessary if the owner assigns the vehicle to the lienholder.
• In the case of two (dual) lienholders, a release of lien is not required from the second
lienholder if the first lienholder repossesses the vehicle. If the repossession is by the
second lienholder, a release of lien from the first lienholder is required.
• If a vehicle is repossessed under a recorded lien, a release of lien is not necessary,
provided the Repossession Affidavit shows the same title number, as the surrendered
title. The transaction should not be rejected for a release of lien. If, however, the lien is
released, the release does not invalidate the transaction.
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Release of Liens
•
•
•
If the lien upon which the repossession is based is not recorded on the title or on other
evidence, no release of lien is necessary, but a certified copy of the security agreement
and a repossession affidavit is required. The Texas title must be in the name of the
person from whom the vehicle was repossessed or surrender of the title properly
assigned to such person. The title must be secured in the name of the lienholder before
further transfer.
If a lien is held against a motor vehicle by joint lienholders, both of the lienholders
may repossess; but when one of the joint lienholders repossesses, the other must
release his interest, title must be assigned to him, or he shall transfer his equity to the
lienholder repossessing.
If the owner assigns the title to one of the joint lienholders, a release is required from
the other.
Out of State Liens
No general rule can be set to govern the release of liens on out of state evidence. The
procedure necessary for releasing out of state liens differs, in most cases, from state to
state. Unless the release of lien falls under one of the following methods, it is not
acceptable.
• If an out of state title provides a space for release of lien, it may be used if properly
completed. Generally, it requires the lienholder’s name, agent’s signature, and date.
• Any out of state prescribed release of lien form, properly completed is acceptable. A
lien filing receipt, properly released, is also acceptable.
• The owner(s) may assign the out of state title to the lienholder. This constitutes a
release.
• Releases of lien by a state’s lien recording agency (for filing security agreements) are
acceptable. In this case, either the recording agency or the lienholder may release the
lien.
• Liens may be released on the face of out of state evidence showing the word “Paid” or
“Lien Satisfied” (stamped or written followed by name of lienholder, countersigned or
initialed by an agent, and dated.
• Original or copies of original security agreements are acceptable as releases of lien if
they are stamped “Paid” or “Lien Satisfied” with a company paid stamp. The stamped
release must include the name of the lienholder, countersigned or initialed by an agent
and dated. A written “Paid Statement” followed by the company’s name is also
acceptable.
• A signed and dated company letterhead, stating the lien has been paid is acceptable if
the release contains the title/document number, the description of vehicle, or the lien
information.
• When an out of state title has a lien recorded in favor of a motor company and in care
of (c/o or %) a finance company, the lien may be released by either the motor or
finance company.
The notation “in care of” (c/o or %) on an application for Texas title signifies a
mailing addresses. If a lienholder is recorded on a Texas title as:
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Liens Over 10 Years Old
Last Bank of California
% Union Bank of El Paso
P. O. Box 123
El Paso, Texas 79900
•
•
The lienholder is the Last Bank of California; and the release must be executed by the
Last Bank of California.
Altered lien information on any surrendered evidence requires a release from the
original lienholder or a statement from the proper authority of that state verifying the
correct lien information.
Liens released by the use of perforated paid stamps are not acceptable such as used on
Florida titles.
Transfers of Equity
A release of lien is not required from the original lienholder when a transfer of equity is
attached.
Manufacturer’s Certificate of Origin (MCO)
A lien noted on a Manufacturer's Certificate of Origin (MCO) may be released by the use
of a company paid stamp (must be dated and countersigned) or such release may be
written. In either case, initials are not acceptable.
Court Orders
Releasing a recorded lien is a drastic measure; therefore, a court order may not be
construed as having cleared all liens unless: (a) stated, (b) orders a car sold free of all liens
and encumbrances, or (c) the recorded lienholder is made a party to the suit. In other
words, one cannot assume a lien has been cleared and evidence must be attached
indicating that the lienholder’s interest has been taken into consideration by the court.
Court orders of the type stated above usually occur in settlement of estates, divorce
proceedings, or cases when the lienholder is a party to the suit.
Electronic Lien
A paper release of lien is not acceptable with an active ELT. E-lienholders are required, as
part of their Service Level Agreement with the department, to electronically release all
liens filed with the department. Customers need to contact their lending institution that
holds the electronic lien and request an electronic release. Once the ELT is released, a
paper title will automatically be generated and mailed to the owner address on file. If the
electronic release is due to a refinance, trade in, or insurance payout, the paper title will be
sent directly to the third party recipient (e.g. Lender, Dealer, Insurance Company, etc.).
12.13 Liens Over 10 Years Old
Transportation Code Section 501.116
The department may cancel a discharged lien that has been recorded on a title for 10
years or more if the recorded lienholder:
(1) does not exist; or
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Electronic Lien Title (ELT)
(2) cannot be located for the owner to obtain a release of the lien.
If a lien has been recorded on a Texas title for 10 years or more and the lienholder cannot
be located to obtain a release of lien, a statement of fact by the owner (person to whom
title was issued) may be accepted. The statement of fact must state, “lien has been paid,
and lienholder cannot be located.” If the negotiable Texas Certificate of Title has been lost
or if it was never received from the lienholder, the above statement of fact must support an
application for corrected title filed in the name of the recorded owner in order to clear the
lien. A record of ownership must be established in the owner’s name before the
department can issue title and indicate that the lien has been recorded for at least 10 years.
A tax collector hearing, bonded title or court order would be necessary to clear a lien less
than 10 years old if the owner cannot locate the lienholder.
12.14 Electronic Lien Title (ELT)
Transportation Code Section 501.117
(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. The
department may establish categories of lienholders that may participate in the
system and, except as provided by this section, may require a lienholder to
participate in the system.
(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.
(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.
(d) The department may not require a depository institution, as defined by Section
180.002, Finance Code, to participate in the system if the department has issued
fewer than 100 notifications of security interests in motor vehicles to the
depository institution during a calendar year.
(e) The department may not require a depository institution, as defined by Section
180.002, Finance Code, to participate in the system:
(1) during 2011, if the department issues fewer than 200 notifications of security
interests in motor vehicles to the depository institution between September 1,
2011, and December 31, 2011; and
(2) during 2012, if the depository institution was exempt under Subdivision (1)
and the department issues fewer than 200 notifications of security interests in
motor vehicles to the depository institution in 2012.
(f) This subsection and Subsection (d-1) expire January 1, 2013.
(g) The department by rule shall establish a reasonable schedule for compliance with
the requirements of Subsection (a) for each category of lienholder that the
department requires to participate in the system.
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Electronic Lien Title (ELT)
(h) The department may not:
(1) prohibit a lienholder from using an intermediary to access the system; or
(2) require a lienholder to use an intermediary to access the system.
The establishment of an electronic title system for lienholders removes the administrative
burden placed on a lienholder in the processing, filing, and storage of paper titles. The
ELT process suppresses the printing and mailing of paper certificates of title until the lien
is paid off. The official certificate of title is an electronic title record held in the
Registration and Title Systems' (RTS) database until a request for a paper title is received.
Participation in ELT is optional for lienholders and owners.
Definitions
e-Title
e-Title is a title record that is held in an electronic status, which includes a title record with
an electronic lien. e-Titles support only one lien entry. A paper title is not printed.
e-Lienholder or e-Title Lienholder
A financial institution which is certified and approved to submit ELT transactions.
Certified Lienholder
A financial institution whose official name and address have been certified by the
department and is accessible in RTS to all counties for non-electronic title records. A
certified lienholder may also be approved to be an e-Lienholder in order to submit ELT
transactions.
Local Lienholder
A lienholder record created in RTS by a county for their local use in entering
non-electronic title records.
ELT Lienholder Certification
To be approved to participate in the ELT program, each financial institution must:
• have the technical expertise to provide File Transfer Protocol (FTP) internet file
transfers and database updates or have a vendor who will provide these services for
them.
• successfully complete technical validation testing.
• approve and sign an ELT service level agreement (SLA) which documents the
responsibilities of both parties. The service level agreement provides the financial
institution, their vendor, and the department with a contract that describes the
responsibilities of each signee.
The ELT program requires that most communication between the department and the
e-Lienholder concerning the status of an e-Title be accomplished over the internet by way
of FTP file transfers. Most financial institutions will contract with independent vendors
that provide internet electronic file transfers for a variety of clients. Validation testing of
the department's technical requirements must be successfully completed to make sure the
specifications follow AAMVA's file structure standards.
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Electronic Lien Title (ELT)
The process and forms necessary to apply to TxDMV to become an ELT certified
lienholder can be found on TxDMV's web site at www.txdmv.gov/.
ELT Vendor Approval
A vendor, providing electronic data transfers for ELT lienholders, must meet TxDMV's
technical specifications to participate in the ELT program. The process and forms
necessary to apply to TxDMV to become a vendor for ELT lienholders can be found on
TxDMV's web site at www.txdmv.gov/.
Application for an Electronic Lien Title
An Application for a Texas Title, Form 130-U filed with the County Tax
Assessor-Collector can include only one security interest (lien) if an electronic lien title is
requested. If multiple lienholders are required then a paper certificate of title must be
issued.
The basic application process for an electronic lien title is no different than for a paper
certificate of title with a lien. Two additional fields on the application must be completed
in order to make a valid request for an electronic lien title.
• Check “YES” for Electronic Title Request?
• Enter the 11 digit Certified Lienholder ID No.
The County Tax Assessor-Collector should select “ETITLE” in the Lien Entry screen to
access ELT Certified Lienholders.
ELT Remarks
The motor vehicle record remarks field accommodates two remarks associated with ELT.
• E-Title (Paperless Title)
• Paper Title (Printed Title)
Electronic Data Transmissions
The electronic data transmissions occurring between TxDMV and ELT Lienholders
include:
• Message to lienholder that title was issued and lien has been perfected
• Release of lien from lienholder - automatically creates a new title record without a lien
and the new title is mailed to the owner of record
• Notification of errors
• Release of lien from lienholder and request to mail title to third party (dealer pay-off
due to trade-in) - automatically creates a new title record without a lien and the new
title is mailed to the dealer, insurance company, etc.
• Title print request from lienholder, with lien intact (owner moving out-of-state before
lien is paid), the lienholder can specify a mailing address. The paper title is mailed to
the lienholder or address specified by the lienholder.
If a lienholder has questions concerning how to make a specific request, they should
contact the department at (512) 302-2020 or by email at [email protected]
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Electronic Lien Title (ELT)
Identifying a prior ELT Title
Use the following to identify a title previously issued by the ELT system:
• The document number always begins with the numerals 286;
• The remark “E-TITLE PRINT DATE: [MM/DD/YYYY];
• Page 2 of Form 500, Electronic Title Lien Release Evidence contains a “c/o third
party name” (care of).
Note: The E-TITLE PRINT DATE remark also displays when an E-Title record
has been converted to paper with the lien still in tact. In these situations the
title is printed with the original document number.
Previously, if a vehicle was paid off by a third party (such as a dealer, insurance company,
etc), the new title contained the original owner’s name but also included a “c/o third party
name” (care of) in the mailing address. As of February 25, 2013, when an electronic
release of lien to a third party is received, the third party “c/o name and address”
information no longer appears in the owner’s name and address fields of the department’s
Motor Vehicle Record nor prints on the face of the title. Instead, the c/o information only
prints on the mail tab portion of the title document and on page 2 of the Form 500,
Electronic Title Lien Release Evidence. The Form 500 is immediately placed into title
history following an electronic release of lien.
Owners Obtaining a Printed Title
Once a lien has been paid off, a paper title is automatically generated and mailed to the
owner on record, or to a third party as specified by the financial institution who released
the lien. This was implemented by RTS release 6.9.0 on February 13, 2012
Prior to that date, when an e-Title lien had been paid off and released, a paper title was not
automatically printed and sent to the owner, it remained an e-title. If a lien was released
prior to February 13, 2012, and the owner requests a paper title, or Certified Copy of Title
afterwards, they should be allowed to get one at no charge.
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Chapter 13
VEHICLE IDENTIFICATION NUMBERS
This chapter contains the following sections:
• 13.1 Definitions
• 13.2 Motor Numbers
• 13.3 Serial Numbers
• 13.4 Motorcycles and Motor Scooters
• 13.5 House Trailers, Trailers, and Semitrailers
• 13.6 Vehicle Identification Number (VIN) Quick Reference
• 13.7 Assignment of Identification Number by Department
• 13.8 Rightful Owner / Right of Possession
• 13.9 Reassigned Vehicle Identification Number (VIN)
• 13.10 Recovered Out-of-State Stolen Vehicles
• 13.11 Assigned Vehicle Identification Numbers (TEX Prefix Numbers)
• 13.12 Homemade/Shopmade House Trailers, (HT Prefix Numbers) Trailers, and
Semitrailers (TR Prefix Numbers)
• 13.13 Number Assigned by Another State
• 13.14 VIN Standards (Processing of ‘I’ and ‘O’)
• 13.16 Exempt Agency Vehicles
• 13.17 Cancellation of Assigned Number
• 13.18 Assigned Numbers
• 13.19 Placement of Serial Number With Intent to Change Identity
• 13.20 Violation by County Assessor-collector; Penalty
13.1 Definitions
Transportation Code Section 501.002 (15) (24)
(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.
(24)“Serial number” means a vehicle identification number that is affixed to a part of a
motor vehicle and that is:
(A) the manufacturer’s permanent vehicle identification number;
(B) a derivative number of the manufacturer’s permanent vehicle
identification number;
(C) the motor number; or
(D) the vehicle identification number assigned by the department.
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Definitions
All motor vehicles, house trailers, trailers, and semitrailers required to be titled under the
provisions of the Certificate of Title Act, are required to have an identification number
affixed to or imprinted on the vehicle.
1955 and Prior Vehicles
On 1955 and prior model motor vehicles registered and titled in Texas, the motor number
is the principal means of identification, except Ford products manufactured since March
31, 1932. Motor numbers are die stamped on the engine blocks. Raised or die cast
numbers are part numbers and should be disregarded.
Beginning with the 1956 model motor vehicles, the serial number of the body or frame is
the principal means of identification and known as the “vehicle identification number
(VIN)”. The words “permanent identification number” and “serial number” are sometimes
used to refer to the official VIN.
1968 and Later Vehicles
Effective with all 1968 American manufactured passenger vehicles, the VIN was required
to be visible through the left side of the windshield (driver’s side). Effective September 1,
1981, all over the road vehicles manufactured in the United States, or manufactured for
import into the United States with a gross vehicle weight of 10,000 pounds or less, were
required to have the VIN visible through the left side of the windshield.
1981 and Later Vehicles
Effective with 1981-year model vehicles, the National Highway Traffic Safety
Administration, Department of Transportation, required manufacturers selling vehicles in
the United States to produce the vehicles with a 17-character VIN. This standard
establishes a fixed VIN format with unique manufacturer identifiers and applies to all
passenger cars, multi purpose passenger vehicles, trucks, buses, incomplete vehicles, and
motorcycles.
Manufacturer's VIN
The VIN which is stamped or affixed on the vehicle by the manufacturer and which
appears on the Manufacturer’s Certificate of Origin is the number recognized by the
department as the VIN for title and registration purposes.
1995 and Later GM Vehicles
Effective November 1995, the VIN of all General Motors Corporation (GM) non-saleable
vehicles, which is a prototype or pilot, whether full 17-character VIN or VIN-derivatives
of nine characters, ends in the letters “EX” instead of numeric characters. This
distinguishes non-saleable GM vehicles from other GM vehicles, which are saleable. The
“EX” in the last two positions of the VIN derivative of a GM vehicle is a signal that the
vehicle is not to be sold, registered, or titled.
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Motor Numbers
Strikeovers
Strikeovers on the application for title or Tax Collector’s Receipt for Title
Application/Registration/Motor Vehicle Tax, Form VTR-500-RTS, or VTR-31-RTS,
which leave any doubt as to the legibility of any digit in the VIN number should not be
accepted.
Prefixes and Suffixes
Prefixes and suffixes are required to prevent the duplication of numbers; and a prefix, a
suffix, or both must be shown on all motor numbers starting with the 1946 models (on
1940 and later international trucks) and on all VINs starting with 1956 models when the
vehicle manufacturer has used them. (The prefixes on international trucks are usually
found above the basic motor number.) If a Texas title has been issued in error by omitting
any part of the prefix or by completely omitting the prefix or the suffix of a motor or VIN,
refer to Chapter 7, “Corrections” for correction procedures.
13.2 Motor Numbers
The motor number is recognized as the identifying number on all Ford products
manufactured prior to March 31, 1932; and, if necessary, an assigned number may be
issued by the department. The frame or body serial number is recognized as the
identifying number on Ford products manufactured after that date, except as listed below:
• Most Ford vehicles manufactured in a foreign country have a motor number stamped
on the block, and for models prior to1956, this number should be shown on the
application for title.
• “Jeeps” manufactured by the Ford Company have a motor number stamped on the
block that is different from the number on the frame. This motor number should be
shown on the application for title. Since these vehicles were manufactured prior to
1946, the prefix “GP” or “GPA” is not required unless there is a duplication of basic
motor numbers.
Motor Number Required for Vehicle Registration
Transportation Code Section 501.0331
A person may not apply to the county tax 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.
Application for Motor Number Record
Transportation Code Section 501.0332
(a) To obtain a motor number assigned by the department, the owner of a motor
vehicle that has had the original motor number removed, erased, or destroyed
must file a sworn application with the department.
(b) The department shall maintain a record of each motor number assigned by the
department that includes:
(1) the motor number assigned by the department;
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Serial Numbers
(2) the name and address of the owner of the motor vehicle; and
(3) the make, model, and year of manufacture of the motor vehicle.
13.3 Serial Numbers
On 1956 and later model motor vehicles (1949 and later model Ford products), the serial
number of the body or frame is recognized as the vehicle identification number (VIN),
except for Cadillacs and Volkswagens.
The serial number of the frame is the principal means of identification on all Ford
products manufactured from March 31, 1932, through the 1948-year models and on all
1956 through 1967-year model Cadillacs. Volkswagen Beetle models have a serial
number located on the floor pan (frame), and such number is the VIN on all 1956 and later
models. On all 1956 and later Volkswagens, other than the Beetle models, the serial
number of the body is the vehicle identification number.
The serial number is the principal means of identification on all model house trailers,
trailers, and semitrailers.
Note: The National Highway Traffic Safety Administration (NHTSA) regulates
motor vehicles manufactured primarily for use on public streets, roads, or
highways. Vehicles that are regulated by NHTSA are required to have
17-digit VINs. However, Texas requires titling of ROVs, ATVs and some
trailers, which are not regulated by NHTSA; therefore, these vehicles may not
have a 17-digit VIN. For ROVs, ATVs and trailers that do not have a 17-digit
VIN, a serial number is acceptable in lieu of a VIN.
13.4 Motorcycles and Motor Scooters
The use of either the motor number or frame number (serial number) was acceptable as the
identifying number on 1970 and prior year model motorcycles and motor scooter-type
vehicles; however, beginning with 1971 and subsequent year model motorcycles and
motor scooters, the serial number of the frame is recognized as the legal identifying
number.
13.5 House Trailers, Trailers, and Semitrailers
Serial Numbers
The principal means of identification for house (travel) trailers, trailers and semitrailers is
the serial number. All house (travel) trailers, trailers and semitrailers that are required to
be titled must have a serial number.
If a serial number cannot be located on a trailer or semitrailer, the owner must apply on
Application for Assigned or Reassigned Number, Form VTR-68-A, for an assigned serial
number from this department as provided in Chapter 14, “Vehicle Types”.
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Vehicle Identification Number (VIN) Quick Reference
Trailers Without Frames
Trailers and semitrailers without frames (usually butane or propane) of the double tank
variety which have two different serial numbers (one on each tank) are to be identified for
title and registration purposes by the serial number located on the right tank. The right
tank is defined as that tank nearest the curb or shoulder of the road, in order that an officer
in stopping such a vehicle may inspect the serial number without standing next to the lane
of traffic.
Home Made Trailers
Non-titled homemade or shop made trailers, semitrailers, farm trailers, and farm
semitrailers are not required to obtain an assigned serial number to be registered.
However, owners of these non-titled trailers and semitrailers should be encouraged to
obtain an assigned serial number to aid in the identification of their property in the event it
is stolen. (See Non-Titled Vehicles)
13.6 Vehicle Identification Number (VIN) Quick Reference
For title and registration purposes, the department recognizes the motor number or the
serial number of the body or frame as the principal means of identification of all vehicles
registered and titled in this State.
Vehicle Major Component Parts
There are numerous major component parts of a vehicle; however, the three basic
component parts of a motor vehicle are the motor, frame, and body. One or more of these
component parts may contain a manufacturer’s identification number, but the department
recognizes only one VIN for title and registration purposes. The following indicates the
component part of a motor vehicle upon which the recognized VIN appears and the type
of ownership evidence necessary to transfer such component part.
Body
The serial number of the body is recognized as the VIN on all 1956 and later model motor
vehicles and all 1949 and later model Ford products, and the certificate of title should be
used to transfer ownership of a body when it is sold or disposed of except certain
Volkswagens (see Volkswagen Beetle).
Frame
Commercial Vehicles
The serial number of the frame is recognized as the VIN on all commercial vehicles. The
certificate of title should be used to transfer ownership of a frame from a commercial
vehicle.
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Assignment of Identification Number by Department
Non Commercial Vehicles
The serial number of the frame is recognized as the VIN on all Ford products
manufactured from March 31, 1932 through the 1948-year models and on all 1955
through 1967-year model Cadillacs. However, it is not necessary that the certificate of title
be used to transfer ownership when these frames are sold or disposed of unless the vehicle
from which the frame was removed has been salvaged or destroyed by the owner. The
frame of a non-commercial vehicle should be sold on a bill of sale.
Volkswagen Beetle
Volkswagen Beetle models have a number located on the floor pan (frame), and this
number is recognized as the VIN on all 1956 and later year models. The certificate of title
covering such a floor pan (or floor pan and chassis) must remain with the floor pan and be
used to transfer ownership. The body of these Volkswagens may be transferred on a bill of
sale. Other Volkswagens (not Beetle models) have a body serial number, which is
recognized as the VIN. In this case, the certificate of title should remain with the body and
be used to transfer ownership.
In the event the certificate of title covering a vehicle body or Volkswagen Beetle floor pan
has been surrendered to the department, then such body or Volkswagen floor pan may be
sold on a bill of sale. The bill of sale must contain a statement to that effect, and the
statement must include the description of the vehicle, title number under which the vehicle
was titled, the salvage dealer or the salvage yard inventory number, and date on which the
title was surrendered.
Motor
The motor number is recognized as the identifying number on all 1955 and prior model
vehicles, except Ford products manufactured since March 31, 1932. However, a certificate
of title should not be used to transfer ownership of a motor. The motor of the vehicle
should be sold on a bill sale. The title to the vehicle from which the motor was removed
should be marked “body only.”
Junked Vehicles
If an individual or business surrenders a title to the department, they mark the records to
indicate the vehicle as junked. If the component part (body or Volkswagen floor pan, see
Volkswagen Beetle) is sold after the title has been surrendered, a Component Part(s) Bill
of Sale, Form VTR-63, is acceptable as evidence of ownership. The bill of sale must
record the title number and description of vehicle as recorded on the surrendered title.
However, if the title record is not marked “junked”, the owner must provide the title to
support the application.
13.7 Assignment of Identification Number by Department
Transportation Code Section 501.033
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Rightful Owner / Right of Possession
(a) A person determined by law enforcement or a court to be the owner of a motor
vehicle, travel trailer, semitrailer, or trailer, a part of a motor vehicle, travel
trailer, semitrailer, or trailer, a frame, or an item of equipment including a
tractor, farm implement, unit of special mobile equipment, or unit of off-road
construction equipment may apply to the department for an assigned vehicle
identification number that has been removed, altered, obliterated, or has never
been assigned.
(b) An application under this section must be in a manner prescribed by the
department and accompanied by valid evidence of ownership as required by the
department.
(c) A fee of $2 must accompany each application under this section to be deposited in
the Texas Department of Motor Vehicles fund.
(d) The assigned vehicle identification number shall be die-stamped or otherwise
affixed in the manner designated by the department.
(e) If the auto theft unit of a county or municipal law enforcement agency conducts an
inspection required by the department under this section, the agency may impose a
fee of $40. The county or municipal treasurer shall credit the fee to the general
fund of the county or municipality, as applicable, to defray the agency's cost
associated with the inspection. The fee shall be waived by the department or
agency imposing the fee if the person applying under this section is the current
registered owner.
This section provides for the issuance of assigned numbers by the department and further
provides that a person who has been determined to be the rightful owner of a motor
vehicle or part of a motor vehicle that has had the serial number, the motor number, or the
manufacturer's VIN removed, changed, obliterated or had never been assigned must make
application to the department for an assigned identification number, within thirty (30)
days of such determination. Upon being presented with an application supported by
satisfactory evidence of ownership, the department either reissues the original
manufacturer’s VIN or issues an assigned VIN, motor number, serial number, or
component part number. The fee for the issuance of assigned or reassigned numbers is two
dollars ($2.00).
A county or municipal auto theft law enforcement agency may charge a fee of $40 for the
inspection. The agency must waive the fee if the person applying for the inspection is the
current registered owner.
Note: Tax assessor-collector hearing orders are acceptable for issuance of assigned
numbers. However, for reassigned numbers only a court order is valid.
13.8 Rightful Owner / Right of Possession
Refer to Chapter 21, Section 21.4 Rightful Owner/Right of Possession.
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Reassigned Vehicle Identification Number (VIN)
13.9 Reassigned Vehicle Identification Number (VIN)
If a VIN on a Ford product manufactured after March 31, 1932, or on any other 1956 or
later year model passenger car, truck, trailer, or semitrailer has been removed, changed, or
obliterated, the department reissues the original manufacturer's VIN, provided such
number can be verified by a law enforcement officer who is a member of one of the
agencies listed below.
Reissuing VINs
Application to reissue the original manufacturer's VIN is made on the Application for
Assigned or Reassigned Number, Form VTR-68-A, which is a combined application and
inspection report.
Inspection
The inspection report must be completed by a law enforcement officer who is a member of
one of the following agencies:
• Municipal Police Auto Theft Unit;
• County Sheriff’s Department Auto Theft Unit;
• Federal Bureau of Investigation;
• Texas Department of Public Safety Special Investigations Section; or
• National Insurance Crime Bureau (NICB) Vehicle Theft Investigators.
Completion of the form by a member of one of these agencies insures uniformity of the
inspection process and that only trained Auto Theft Investigators certify the authenticity
of inspected vehicles.
Note: As a result of a reorganization in 2009, the Texas Department of Public
Safety's Motor Vehicle Theft Service is now known as the Special
Investigations Section.
Issuance and Installation
If the manufacturer's VIN is verified, the application, evidence of ownership, and the
vehicle must be taken to the nearest Regional Service Center for issuance and installation
of the reassigned number. The department affixes a Texas VIN decal bearing the same
VIN as originally placed on the vehicle by the manufacturer to the left front door post of
the vehicle. After the reassigned number has been installed, the owner must sign a Notice
of Assigned Number or Installation of Reassigned Vehicle Identification Number, Form
VTR-68-N, acknowledging that the reassigned number was actually installed on the
vehicle.
Trailers, Semitrailers and House (Travel Trailers)
For trailers, semitrailers, and house (travel) trailers on which the manufacturer’s serial
number has been removed, changed, or obliterated, the applicant must take the completed
Application for Assigned or Reassigned Number, Form VTR-68-A, $2.00 fee, proof of
ownership and the trailer, semitrailer, or house (travel) trailer to the nearest TxDMV
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Recovered Out-of-State Stolen Vehicles
Regional Service Center. On trailers and semitrailers, affix the reassigned VIN decal to
the permanent part of the trailer on the lower front right side. On house (travel) trailers,
affix the reassigned VIN decal on the right front of the frame, on an open part and in an
accessible place, which extends beyond the body.
Missing VINs
When a vehicle does not have a valid manufacturer's VIN, the County Tax
Assessor-Collector is not authorized to accept an application for title and/or registration
until an identifying number has been reissued or assigned by the Texas Department of
Motor Vehicles.
Title Implications
Correction of the title is not necessary when the original manufacturer's VIN is reissued by
the department. However, if the evidence of ownership to the vehicle is assigned to the
applicant, an application for title must be filed after the reassigned number is installed by
the department.
13.10 Recovered Out-of-State Stolen Vehicles
When an out-of-state stolen vehicle with a fraudulent VIN is recovered in Texas, the
incorrect VIN must be removed. To assist in law enforcement efforts, an assigned or
reassigned VIN may be issued to a stolen vehicle that is recovered in Texas, regardless of
whether or not the rightful owner of the vehicle is a Texas resident. The law enforcement
agency removes the fraudulent VIN and applies to a magistrate to declare the recovered
vehicle stolen and to issue an order requiring its return to the rightful owner (under
Chapter 47, Code of Criminal Procedure).
Law enforcement completes and submits an Application for Assigned or Reassigned
Number, Form VTR-68-A to the Regional Service Center. The Regional Service Center
then issues the assigned or reassigned VIN at no charge to the law enforcement agency.
The Regional Service Center provides a Notice of Assigned Number or Installation of
Reassigned Vehicle Identification Number, Form VTR-68-N and a copy of the completed
Form VTR-68-A to the submitting law enforcement agency. Disposition of the assigned
or reassigned VIN, forms, recovered vehicle, etc. is at the discretion of the law
enforcement agency.
Justice of the Peace (JP) Orders
Refer to Chapter 21, Section 21.5 Justice of the Peace Orders.
13.11 Assigned Vehicle Identification Numbers (TEX Prefix
Numbers)
Texas assigned Vehicle Identification Numbers (TEX Prefix Numbers) are issued for
1956 and later model motor vehicles and for Ford products manufactured since March 31,
1932. The numbers are affixed to vehicles on which no identification numbers were ever
affixed by the manufacturers; or the original manufacturer's VIN has been removed,
changed, or obliterated; and the true identification number cannot be verified.
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Assigned Vehicle Identification Numbers (TEX Prefix Numbers)
TEX Prefix Numbers may be issued provided ownership is determined in the name of the
applicant. Such numbers are also issued for all assembled vehicles that require assigned
numbers and for motorcycles. Assigned VINs consist of the prefix “TEX” followed by six
digits and are die-stamped on the vehicle in a location prescribed by the department.
Altered Manufacturer's VIN
If the manufacturer's VIN has been removed, changed, or obliterated and the true identity
of the vehicle cannot be determined by the inspecting officer, the owner must obtain a
court order or Tax Collector's Hearing Order to establish ownership.
Application
Applications for assigned vehicle identification numbers (TEX Prefix Numbers) must be
made on an Application for Assigned or Reassigned Number, Form VTR-68-A. The
inspection report section on this form must be completed by a law enforcement officer as
described in Inspection.
The Application for Assigned or Reassigned Number, Form VTR-68-A, together with
evidence establishing ownership, or a copy of a court order establishing ownership in the
applicant's name, plus a $2.00 fee may be either mailed or submitted in person to the
nearest TxDMV Regional Service Center.
Approval and Installation
Upon approval of the application, the Regional Service Center provides the applicant a
Notice of Assigned Number or Installation of Reassigned Vehicle Identification Number,
Form VTR-68-N, a copy of the approved Form VTR-68-A, and returns the evidence that
the applicant provided with the Form VTR-68-A.
The assigned number as shown on the Form VTR-68-N is die-stamped on the vehicle as
follows:
1. The number should be die-stamped on the left front door post of the vehicle.
2.
If the left front door post is inaccessible due to the construction of the vehicle, as in the
case of some assembled or stripped down vehicles, the number is die-stamped on a
portion of the frame forward of the passenger compartment on the driver's side of the
vehicle.
3.
If the vehicle is a Volkswagen or if a Volkswagen floor pan was used in the vehicle
construction, the assigned number is die-stamped on the frame tunnel in the vicinity
where the manufacturer's VIN was located.
4.
If an assigned number is issued to a motorcycle, the number is die-stamped on the
frame down tube near the steering head on the left or right side.
Note: An assigned number may not be die-stamped in the space where the original
number appeared.
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Homemade/Shopmade House Trailers, (HT Prefix Numbers) Trailers, and Semitrailers (TR Prefix Numbers)
Application For Title
After the assigned number has been die-stamped on the vehicle, the owner must sign the
Form VTR-68-N and contact the County Tax Assessor-Collector’s office to file an
application for title. The completed Form VTR-68-N, a copy of the approved Form
68-A, and evidence establishing ownership to the vehicle must support the application for
title. (See Assigned Numbers)
Non-Titled Vehicles
Non-titled homemade or shop made trailers, semitrailers, farm trailers, and farm
semitrailers are not required to obtain an assigned serial number or VIN. However, owners
of these non-titled trailers and semitrailers are encouraged to obtain an assigned serial
number to aid in the identification of their property in the event it is stolen. An assigned
serial number can be processed by a Regional Service Center as outlined above.
When processing a non-titled homemade or shop made vehicle, that does not have a VIN
or an assigned serial number, leave the VIN field blank, do not insert zeros or other "filler"
numbers or letters in the field. The license plate number will be the appropriate identifier
for these vehicles. If the vehicle is sold, and the license plate number is to be changed, the
new owner may either apply for an assigned serial number at a Regional Service Center,
or use the new license plate number as the appropriate identifier for the vehicle.
Note: Trailers with a GVW under 4,000 lbs may be optionally titled. Owners
desiring to exercise the option to title, must have a manufacturer’s assigned
VIN or have one assigned by the Department
13.12 Homemade/Shopmade House Trailers, (HT Prefix
Numbers) Trailers, and Semitrailers (TR Prefix
Numbers)
Transportation Code Section 501.032
(a) On proper application, the department shall assign a vehicle identification
number to a travel trailer, a trailer or semitrailer, a frame, or an item of
equipment, including a tractor, farm implement, unit of special mobile
equipment, or unit of off-road construction equipment:
(1) on which a vehicle identification number was not die-stamped by the
manufacturer; or
(2) on which a vehicle identification number die-stamped by the manufacturer
has been lost, removed, or obliterated; or
(3) for which a vehicle identification number was never assigned.
(b) The applicant shall die-stamp the assigned vehicle identification number at the
place designated by the department on the travel trailer, trailer, semitrailer,
frame, or equipment.
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Homemade/Shopmade House Trailers, (HT Prefix Numbers) Trailers, and Semitrailers (TR Prefix Numbers)
(c) The manufacturer's vehicle identification number or the vehicle identification
number assigned by the department shall be affixed on the carriage or axle part of
the travel trailer, trailer, or semitrailer. The department shall use the number as
the major identification of the vehicle in the issuance of a title.
(d) Only the department may issue vehicle identification numbers.
All homemade or shopmade house (travel) trailers, and homemade or shopmade trailers or
semitrailers that are required to be titled must be issued an assigned serial number.
Assigned serial numbers may also be issued for non-titled homemade or shopmade
trailers, semitrailers, farm trailers and farm semitrailers if the owner chooses to have an
assigned serial number issued. These include:
• trailers that have an empty weight of 4,000 lbs. or less
• semitrailers that have a gross weight of 4,000 lbs. or less
• farm trailers or farm semitrailers that have a gross weight of 34,000 lbs. or less
Note: The owner of a farm semitrailer (not a farm trailer) that has a gross weight of
over 4,000 lbs. and not more than 34,000 lbs. may be issued a title if the owner
so chooses. An assigned serial number would be required in order to issue a
title in this case.
If a serial number cannot be located on a house (travel) trailer, trailer or semitrailer, the
owner must apply on the Application for Assigned or Reassigned Number, Form
VTR-68-A, for an assigned serial number from this department.
For trailers, semitrailers, and house (travel) trailers on which the manufacturer’s serial
number has been removed, changed, or obliterated, the applicant takes the completed
Application for Assigned or Reassigned Number, Form VTR-68-A, $2.00 fee, and the
trailer, semitrailer, or house (travel) trailer to the nearest TxDMV Regional Service
Center.
If a reassigned serial number is issued to a:
• Trailer or semitrailer affix the reassigned VIN decal to the permanent part of the trailer
on the lower front right side.
• House (travel) trailer affix the reassigned VIN decal on the right front of the frame, on
an open part and in an accessible place, which extends beyond the body.
Note: Assigned serial numbers may also be issued for non-titled, homemade or
shopmade trailers, semitrailers, farm trailers, and semitrailers if the owner
chooses to have an assigned serial number issued.
Application
Application for an assigned serial number for a house (travel) trailer, trailer, or semitrailer
must be made on the Application for Assigned or Reassigned Number, Form VTR-68-A.
The inspection report on the application must be completed by a law enforcement officer
as described in Inspection.
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Number Assigned by Another State
A photograph of “shopmade” and “homemade” trailers, semitrailers, and house trailers is
required to support the Form VTR-68-A.
The application, together with a $2.00 fee and evidence of ownership, may be either
mailed or submitted in person to the nearest TxDMV Regional Service Center. A Tax
Collector’s Hearing or court order establishing ownership in the applicant's name is
required to support the application when the manufacturer's serial number has been
removed, changed, or obliterated and the true identity of the vehicle cannot be determined.
Installation
Upon approval of the application, the department provides a Notice of Assigned Number
or Installation of Reassigned Vehicle Identification Number, Form VTR-68-N, providing
the assigned number to the applicant.
• Assigned house trailer serial numbers have an “HT” prefix followed by six digits.
These assigned numbers must be die stamped in an accessible place on the frame that
extends beyond the house trailer body.
• Assigned serial numbers for trailers and semitrailers have a “TR” prefix followed by
six digits. These assigned serial numbers must be die stamped on the right side of a
permanent part of the frame forward of the axle or tandem assembly.
After the assigned number has been die-stamped on the vehicle, the Form VTR-68-N
must be signed by the owner and an application for title should be filed supported by the
completed Form VTR-68-N, a copy of the approved Form 68-A and evidence of
ownership for the vehicle.
13.13 Number Assigned by Another State
Evidence showing a motor, serial, or VIN assigned by another state may be submitted to
support an application for Texas title.
If the vehicle is a Ford product manufactured since March 31, 1932, the frame or body
number (not the assigned motor number) must be shown on the application for Texas title.
The reason is that assigned numbers issued by some states are stamped on the motor block
on Ford products, and Texas recognizes the number on the frame or body on Ford
products manufactured since March 31, 1932.
13.14 VIN Standards (Processing of ‘I’ and ‘O’)
VIN standards were adopted by the National Highway Traffic Safety Administration in
1981. It required all highway legal vehicles to contain a 17-character VIN, which does not
include the letters I (i), O (o), or Q (q) to avoid confusion with the numbers 1 and 0.
RTS is programmed to conform to the above VIN Standards. RTS will allow the letter Q
in the VIN; however, if the letters I (i) or O (o) is entered in the VIN, RTS automatically
changes these to 1 or 0. For example if NEWBOGUSVIN123456 or OLDSHORTVIN are
entered into RTS, they will be changed to NEWB0GUSV1N123456 or 0LDSH0RTV1N.
This feature of RTS generally helps reduce the number of errors entered into the system
since it conforms to standards after 1981.
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Seized and Forfeited Vehicles
There are two small subsets of vehicles where this is not an advantage. The first is vehicles
manufactured prior to the 1981 standards that may have a legitimate I (i) or O (o) in the
VIN by the manufacturer. The second is assigned VINs from another state that may
include the letters I (i) or O (o) in the VIN. Since RTS changes these characters, all titles
and all receipts will only print 1 (one) and 0 (zero) in these cases.
13.15 Seized and Forfeited Vehicles
If the manufacturer's identification number has been removed, changed, or obliterated on
any vehicle or component part which has been seized and ordered forfeited to the State
under the provisions of Transportation Code Section 501.158 or on any abandoned vehicle
taken into custody by a law enforcement agency under the provisions of the Abandoned
Motor Vehicle Act, Conflict of Laws; Effect on Other Laws, an assigned number must be
obtained and affixed to the vehicle or component part prior to the sale or disposition of the
vehicle or component. The department issues the selling or disposing agency an assigned
number at no charge.
13.16 Exempt Agency Vehicles
In obtaining an assigned number for a vehicle owned by an exempt agency, the same
procedures apply except that no fees are required for the assigned numbers.
13.17 Cancellation of Assigned Number
If a person to whom an assigned VIN, motor number, or serial number has been issued
finds that the assigned number is unnecessary, the Notice of Assigned Number or
Installation of Reassigned Vehicle Identification Number, Form VTR-68-N, should be
returned to the department for cancellation with a statement explaining the reason the
number was not used.
13.18 Assigned Numbers
When an assigned vehicle identification number, serial number, or motor number which
constitutes the motor vehicle identification number VIN of a particular vehicle, has been
placed on the vehicle and the Notice of Assigned Number or Installation or Reassigned
Vehicle Identification Number, Form VTR-68-N, has been properly completed, an
application for corrected title must be filed with the applicant's County Tax
Assessor-Collector’s office. The application for title should record the new number
assigned by the department. The following evidence must support the application:
• The Notice of Assigned Number or Installation of Reassigned Vehicle Identification
Number, Form VTR-68-N, (properly completed) must be attached to the transaction.
If the applicant has lost the Form VTR-68-N, a certification of the assigned number
should be obtained from the department and attached to the application. The
department charges the usual inquiry and certification fees for the certification of a
number.
• Copy of the approved Form 68-A.
• Proper evidence of ownership covering the vehicle must be submitted with the
transaction. (Texas title, out of state title, registration receipt from non-title state, court
order, bills of sale, affidavit of ownership, etc.)
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Placement of Serial Number With Intent to Change Identity
•
•
•
The current Texas registration receipt must be attached.
In the event the application is supported by out of state evidence, an Out-of-state
Identification Certificate, Form VI-30, issued by a State appointed Safety Inspection
Station must be attached verifying that the assigned number was placed on the vehicle.
If the vehicle is a “Rebuilt,” “Assembled,” or “Strip down” then additional evidence is
required, such as a photograph or Rebuilt Vehicle Statement, Form VTR-61.
Assigned Equipment Numbers
Assigned and Reassigned Equipment Numbers are available for tractors, farm
implements, special mobile equipment, and off road construction equipment. The
procedure for applying for an assigned or reassigned number for equipment is the same as
for other vehicles; however, the department issues no vehicle identification number decal.
The applicant must die-stamp the number issued to them by the Regional Service Center
on the equipment.
Assigned Component Part Numbers
Correction of title is not necessary when an assigned component part number is issued
unless the identifying number on such component part is the VIN of a particular vehicle.
Trailers, Semitrailers, and House (Travel) Trailers
For trailers, semitrailers, and house (travel) trailers on which a manufacturer’s serial
number has never been assigned, the applicant must take the completed Application for
Assigned or Reassigned Number, Form VTR-68-A, $2.00 fee, and proof of ownership to
the nearest TxDMV Regional Service Center. The trailer, semitrailer, or house (travel)
trailer does not be to taken to the Regional Service Center. On trailers and semitrailers,
affix the assigned VIN to the permanent part of the trailer on the lower front right side. On
house (travel) trailers, affix the assigned VIN on the right front of the frame, on an open
part and in an accessible place, which extends beyond the body.
13.19 Placement of Serial Number With Intent to Change
Identity
See Transportation Code Section 501.151
13.20 Violation by County Assessor-collector; Penalty
Transportation Code Section 502.480
(a) A county assessor-collector commits an offense if the county assessor-collector
knowingly accepts an application for the registration of a motor vehicle that:
(1) has had the original motor number or vehicle identification number removed,
erased, or destroyed; and
(2) does not bear a motor number or vehicle identification number assigned by
the department.
(b) An offense under this section is a misdemeanor punishable by a fine of not less
than $10 and not more than $50.
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Chapter 14
VEHICLE TYPES
This chapter contains the following sections:
• 14.1 Definitions
• 14.2 Multi Purpose Type Vehicles
• 14.3 Motorcycle
• 14.4 Moped
• 14.5 Neighborhood Electric Vehicles
• 14.6 Farm Tractor/Road Tractor
• 14.7 Implements of Husbandry
• 14.8 Trailer/Semitrailer
• 14.9 Homemade/Shopmade Trailers or Semitrailers
• 14.10 Farm Trailer/Farm Semitrailer
• 14.11 Machinery/Permit Vehicle Plates
• 14.12 Trailer Jockey
• 14.13 House, Camper, and Travel Trailers
• 14.14 Park Model Trailers
• 14.15 Mobile Office Trailers
• 14.16 Motor Homes
• 14.17 Former Military Vehicle
• 14.18 Golf Carts and Other Miniature Type Vehicles
• 14.19 Off-Highway Use Vehicles
14.1 Definitions
Transportation Code Section 501.002 (17)
In this chapter:
(1) “Motor vehicle” means:
(A) any motor driven or propelled vehicle required to be registered under the
laws of this state;
(B) a trailer or semitrailer, other than manufactured housing, that has a
gross vehicle weight that exceeds 4,000 pounds;
(C) a travel trailer;
(D) an all-terrain vehicle or a recreational off-highway vehicle, as those
terms are defined by Section 502.001, designed by the manufacturer for
off-highway use that is not required to be registered under the laws of this
state; or
(E) a motorcycle, motor-driven cycle, or moped that is not required to be
registered under the laws of this state.
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Multi Purpose Type Vehicles
Transportation Code Section 502.001 (7) (39-a)
(7) “Commercial motor vehicle” means a motor vehicle, other than a motorcycle,
designed or used primarily to transport property. the term includes a passenger car
reconstructed and used primarily for delivery purposes. the term does not include a
passenger car used to deliver the United States mail.
(39-a) “Shipping weight” means the weight generally accepted as the empty weight of a
vehicle.
Transportation Code Section 548.001 (1)
(1) “Commercial motor vehicle” means a self-propelled or towed vehicle, other
than a farm vehicle with a gross weight, registered weight, or gross weight
rating of less than 48,000 pounds, that is used on a public highway to
transport passengers or cargo if:
(A) the vehicle, including a school activity bus as defined in Section 541.201,
or combination of vehicles has a gross weight, registered weight, or gross
weight rating of more than 26,000 pounds;
(B) the vehicle, including a school activity bus as defined in Section 541.201,
is designed or used to transport more than 15 passengers, including the
driver; or
(C) the vehicle is used to transport hazardous materials in a quantity
requiring placarding by a regulation issued under the Hazardous
Materials Transportation Act (49 U.S.C. Section 5101 et seq.).
Transportation Code Section 541.201 (7) (12)
(7)“Light truck” means a truck, including a pickup truck, panel delivery truck, or carryall
truck, that has a manufacturer's rated carrying capacity of 2,000 pounds or less.
(12)“Passenger car” means a motor vehicle, other than a motorcycle, used to transport
persons and designed to accommodate 10 or fewer passengers, including the operator.
14.2 Multi Purpose Type Vehicles
Multi purpose vehicles, such as Sport Utility Vehicles (SUVs) have the option of
registration with either passenger or truck license plates. The body style of this type of
vehicle could appear as “Suburban,” “Explorer,” “4Runner,” “Escalade,” etc. Refer to the
listing of standard codes for body styles for the proper abbreviation of SUVs.
14.3 Motorcycle
Motorcycle means a motor vehicle, other than a tractor, designed to propel itself with not
more than three wheels in contact with the ground.
Title requirements for motorcycles are the same as for other motor vehicles.
Transportation Code Section 501.002 excludes motorcycles, motor driven cycles, and
mopeds designed for and used exclusively on golf courses from the definition of “motor
vehicle.” These vehicles should not be titled.
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Moped
All other motorcycles, except as stated above, are titled regardless of whether or not they
require registration.
Enclosed Three Wheeled Motorcycles
Effective September 1, 2009, Section 521.001, Transportation Code, motorcycle
definition includes an enclosed three-wheeled passenger vehicle that:
• has a completely enclosed passenger compartment
• a steering wheel
• a seat belt for each vehicle occupant
• a windshield and one or more windshield wipers
14.4 Moped
Section 541.201, Transportation Code, defines moped as a motor driven cycle that cannot
attain a speed of more than 30 mph for a distance of one mile, an engine which cannot
produce more than two brake horsepower, an internal combustion engine with a piston
displacement of 50cc or less and connects to a power drive system that does not require
the operator to shift gears. A vehicle meeting these criteria and certified as a moped by the
Department of Public Safety (DPS) may register and title as a moped. If the vehicle does
not appear on the list of certified mopeds, the applicant must contact the DPS to have the
moped type added to the approved list. If the vehicle is not a pocket bike or mini
motorcycle, as defined in Section 551.351, and meets all federal and state manufacturer
requirements, it is a motorcycle.
Effective September 1, 1983, no person other than a dealer may register, sell, trade, or
otherwise transfer a moped within this state unless a certificate of title is applied for and
issued in the name of the owner.
New
All new mopeds sold on and after September 1, 1983, transfer on a Manufacturer’s
Certificates of Origin (MCO) except those which a dealer had in stock prior to that date
and for which the dealer cannot obtain an MCO. Dealers may transfer these on an invoice
or bill of sale, provided the bill of sale includes a statement verifying the fact that the
vehicle was in the dealer’s stock prior to September 1, 1983.
Used
Dealers should transfer used mopeds in a stock prior to September 1, 1983 to purchasers
using an Dealer's Reassignment of Title for a Motor Vehicle, Form VTR-41-A. Any used
mopeds purchased or taken in trade by a dealer on or after September 1, 1983, may
transfer to the dealer on an assigned certificate of title that the dealer may then reassign to
a retail purchaser.
Transfers
Owners or dealers must obtain a certificate of title in their name before registering a
vehicle or transferring it to another owner. The basic evidence of ownership should be one
of the following:
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Neighborhood Electric Vehicles
•
•
•
•
An MCO properly completed and assigned to the applicant.
An invoice signed by an agent of the company or firm selling the moped. The date of
the sale shown on the invoice must be prior to September 1, 1983.
A bill of sale properly completed by the seller and dated prior to September 1, 1983.
A previous year’s license receipt in the name of the owner as of September 1, 1983.
VIN
The frame serial number is the vehicle identification number on all applications for
certificate of title covering mopeds. If a moped does not have a serial number die stamped
on the frame, owners may obtain an assigned vehicle identification number (“TEX”
number) from the department and die-stamp it on the frame prior to title application.
14.5 Neighborhood Electric Vehicles
A Neighborhood Electric Vehicle (NEV) is a motor vehicle that can attain a maximum
speed of 35 miles per hour on a paved level surface and otherwise complies with Federal
Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
Registration and Title
A NEV is required to be titled in order to be registered for operation on public roads.
A NEV requires the same financial responsibility or liability of insurance as a vehicle
when operating as a motor vehicle. As of September 1, 2013, a NEV no longer requires
the same financial responsibility or liability insurance as a vehicle when operated as a golf
cart.
The NEV must meet Federal Motor Vehicle Safety Standard 500 (49 C.F.R. §571.500) for
low-speed vehicles and have a 17-digit VIN.
Neighborhood electric vehicles must be titled with a body style of “NV NHOOD ELEC”
and registered as either a truck or a passenger vehicle.
Evidence of Ownership
Acceptable documents for evidence of ownership for neighborhood electric vehicles
include Certificates of Title indicating a body style of neighborhood electric vehicle (“NV
NHOOD ELEC”) or a Manufacturer's Certificate of Origin with a statement that the
vehicle meets Federal Motor Vehicle Safety Standard 500 (49 C.F.R. §571.500).
Some neighborhood electric vehicles in Texas were previously titled with the body style
of golf cart (GC) and out-of-state titles may show other body styles. In order to title and
register these vehicles as neighborhood electric vehicles (“NV NHOOD ELEC”) the
vehicle must have a conforming 17-digit VIN. If a vehicle does not meet this criterion it
cannot be titled or registered as a neighborhood electric vehicle.
Operation
A neighbor electric vehicle:
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Farm Tractor/Road Tractor
•
•
•
may be operated only on a street or highway for which the posted speed limit is 45
miles per hour or less and is subject to all traffic and other laws applicable to motor
vehicles
may cross a road or street at an intersection where the road or street has a posted speed
limit of more that 35 miles per hour
may not be operated on a street or highway if:
• the governing body of a county or city determines that prohibiting such operation
is necessary in the interest of safety; or
• the department determines that prohibiting such operation is necessary in the
interest of safety.
Neighborhood Transportation Vehicles
Effective September 1, 2003, the law changed to address new styles of neighborhood
transportation, including certain motor-assisted scooters that are not registered or titled. In
these instances, either a city or county government has ruling jurisdiction over its roads
(primarily for prohibition for their operation). The owner of any electric personal assistive
mobility devices, as defined by Transportation Code, Section 551.201, is not required to
register this type of device. These devices may only operate on a residential street,
roadway or public highway in accordance with Transportation Code, Section 551.202 and
local ordinance.
14.6 Farm Tractor/Road Tractor
Owners must title and register farm tractors used for hire to move commodities over the
highway and road tractors used to mow the right of way.
14.7 Implements of Husbandry
The term “motor vehicle” does not apply to implements of husbandry and cannot be titled.
Implements of husbandry means farm implements, machinery, and tools as used in tilling
soil, including self-propelled machinery specifically designed or adapted for applying
plant food materials or agricultural chemicals but not specifically designed or adapted for
the sole purpose of transporting the materials or chemicals. The term does not include a
passenger car or truck.
14.8 Trailer/Semitrailer
The owner (except Texas licensed dealers) of any trailer or semitrailer with a gross weight
in excess of 4,000 pounds must apply for a Texas Certificate of Title for the vehicle. When
a trailer or semitrailer is required to be registered but not titled, the owner of the vehicle
should retain the evidence of ownership presented to the county tax office. Owners of
trailers under 4,000 pounds have the option to title their trailers but are not required to do
so.
Definitions
A trailer is a vehicle that is designed or used to carry a load completely on the trailer’s
own structure and is drawn by a motor vehicle.
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Trailer/Semitrailer
A semitrailer means a vehicle that is designed or used with a motor vehicle so that part of
the weight of the vehicle and its load rests on or is carried by another vehicle.
A semitrailer, to be subject to Texas title, should have a gross weight in excess of 4,000
pounds. All semitrailers licensed with “token trailer” plates must be titled, since the gross
weight of these vehicles should be in excess of 6,000 pounds to qualify for the plates.
When applying for title, the customer should have a weight certificate for trailers and out
of state semitrailers. The gross weight of a trailer or semitrailer is the actual weight of the
vehicle plus its net carrying capacity.
Serial Numbers
The principal means of identification for trailers and semitrailers is the serial number. All
trailers and semitrailers must have a serial number. The owner of a non-titled trailer or
semitrailer may choose to obtain an assigned serial number to aid in the identification of
their property in the event it is stolen, but it is not required. (See Non-Titled Vehicles in
Chapter 13, Section 13.11 Assigned Vehicle Identification Numbers (TEX Prefix
Numbers))
Lack of Serial Number
If a serial number is missing on a trailer or semitrailer, the owner should apply for an
assigned serial number (Refer to Chapter 13, “Vehicle Identification Numbers”).
Trailers Without Frames
Refer to Trailers Without Frames in Chapter 13, “Vehicle Identification Numbers”.
Evidence of Ownership
A Manufacturer’s Certificate of Origin (MCO) is required to support the application for
title for a new trailer or semitrailer. While “secure” MCOs are not required for trailers
titled in Texas, their use is recommended because some states require “secure” MCOs on
title transfers. A weight certificate is required if the trailer’s empty weight is not indicated
on the MCO.
A Texas Certificate of Title is required to support an application for title for a used trailer
last registered in this state.
Out of State Trailers
Acceptable evidence of ownership on used trailers and semitrailers from out of state is as
follows:
• The certificate of title is required for all trailers and semitrailers from title states.
• The registration receipt is required for all trailers and semitrailers from non-title states.
A weight certificate as certified by a public scale or a commercial vehicle enforcement
officer with DPS is required. A copy of the registration receipt should also be attached.
Applicants should include an Out-of-state Vehicle Identification Certificate, VI-30, issued
by a state Safety Inspection Station, with each application for Texas title for out of state
trailers and semitrailers except as provided in Transportation Code Section 501.030.
Applicants should submit a “Travel Trailer” or “Park Model Trailer” Verification, Form
VTR-141, with applications for title for out of state travel trailers.
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Homemade/Shopmade Trailers or Semitrailers
Empty Weight
The space for weight on Form 130-U should record the empty weight of a trailer or
semitrailer.
14.9 Homemade/Shopmade Trailers or Semitrailers
A homemade or shopmade trailer or semitrailer is required to be titled if the gross weight
exceeds 4,000 pounds. Trailers under 4,000 pounds may be titled at the owner’s
discretion. All vehicles requiring (or choosing to have) a title should have a serial number
or VIN, and may require completion of a Notice of Assigned Number or Installation of
Reassigned Vehicle Identification Number, Form VTR-68-N. (See Chapter 13, “Vehicle
Identification Numbers”)
Titled Homemade Trailers and Semitrailers
Owners should sign the Prescribed Form for Statement of Fact for Ownership of
Homemade/Shopmade Trailer, Semitrailer, or Travel Trailer, Form VTR-305-A. If the
trailer is shopmade for the owner (by someone else to the owner’s specifications) the
following should show on or accompany the form:
• The name of the person who built the trailer or semitrailer,
• The make of trailer or semitrailer is listed as “Homemade” on Form 130-U,
• The year model of the trailer or semitrailer (The year it was built).
• A vehicle identification number or an assigned serial number issued by TxDMV with
submission of a completed VTR-68-N attached to the transaction.
• A copy of the Title Application Receipt and a weight certificate.
Non-Titled Homemade Trailers and Semitrailers:
The owner is not required to complete the Form VTR-305-A, obtain an assigned serial
number, or apply for title if a homemade trailer or semitrailer is exempt from the
Certificate of Title Act either by:
• Having a gross weight of equal to or less than 4,000 pounds, or
• are over 4,000 lbs but less than 34,000 lbs and being used as a vehicle operated solely
for the transportation of farm products (not for hire) as provided for under the
provisions of Section 502.433.
However, owners of these non-titled trailers and semi-trailers are encouraged to obtain an
assigned serial number to aid in the identification of their property in the event it is stolen.
(See Non-Titled Vehicles in Chapter 13, Section 13.11 Assigned Vehicle Identification
Numbers (TEX Prefix Numbers))
Note: If the vehicle ceases to operate in accordance with provisions of Section
502.443, the owner must obtain title as outlined in Titled Homemade Trailers
and Semitrailers. If the applicant is not the original owner, the application for
title must also be supported by a bill of sale and an affidavit stating the reason
the vehicle was not previously titled, such as this semitrailer was previously
registered as a non-titled farm trailer.
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Farm Trailer/Farm Semitrailer
Optional Title for Trailers under 4,000 Pounds
Transportation Code Section 501.037
(a) Notwithstanding any other provision of this chapter, the department may issue
a title for a trailer that has a gross vehicle weight of 4,000 pounds or less if all
other requirements for issuance of a title are met.
(b) To obtain a title under this section, the owner of the trailer must:
(1) apply for the title in the manner required by Section 501.023; and
(2) pay the fee required by Section 501.138.
Effective September 1, 2013, the department may issue a title for a trailer that has a gross
vehicle weight of 4,000 pounds or less, if all other requirements for issuance of a title are
met, including assignment of VIN. The application for title is optional for the owner. The
owner must apply for the title in the usual manner, in accordance with Texas
Transportation Code, Sections 501.023 and 501.138.
14.10 Farm Trailer/Farm Semitrailer
Transportation Code Section 501.036
(a) Notwithstanding any other provision of this chapter, the department may issue
a title for a farm semitrailer with a gross weight of more than 4,000 pounds if:
(1) the farm semitrailer is eligible for registration under Section 502.146; and
(2) all other requirements for issuance of a title are met.
(b) To obtain a certificate of title under this section, the owner of the farm semitrailer
must:
(1) apply for the title in the manner required by Section 501.023; and
(2) pay the fee required by Section 501.138.
(c) The department shall adopt rules and forms to implement and administer this
section.
Farm trailers and farm semitrailers are considered trailers or semitrailers designed and
used primarily as a farm vehicle with a gross weight of 34,000 pounds or less.
Farm trailers or farm semitrailers:
• are owned by farmers used exclusively to:
• transport seasonally harvested agricultural products or livestock from the place of
production to the place of processing, market, or storage;
• farm supplies from the place of loading to the farm; and
• cannot operate for hire.
Trailers owned by a cotton gin and loaned to a farmer to transport products from place of
production to place of process (not for hire), fertilizer trailers used to transport fertilizer to
the farm and return without charge, and trailers hauling cottonseed between place of
supply or storage to farms or place of process and return without charge are considered
farm trailers.
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Farm Trailer/Farm Semitrailer
Title Requirements
Farm trailers and farm semitrailers are exempt from the Certificate of Title Act.
Regardless of the evidence of ownership presented, the owner should retain that evidence.
Note: Owners of farm semitrailers in excess of 4,000 pounds gross weight may apply
for title as provided in Transportation Code Section 501.036 (see Farm
Semitrailers).
Light Trailers
A farm trailer or farm semitrailer with a gross weight not exceeding 4,000 pounds is
exempt from registration and title. This type of vehicle should be sold by a bill of sale; and
when sold, if the purchaser is not a farmer, the purchaser must register the vehicle with
regular trailer license plates.
Heavy Trailers
A farm trailer or farm semitrailer with a gross weight in excess of 4,000 pounds, but not
exceeding 34,000 pounds, is exempt from title requirements and qualifies for a $5.00
distinguishing license plate. This type trailer should be sold on a bill of sale. Exceptions
are those owners desiring a title for farm semitrailers in excess of 4,000 pounds that may
be issued a certificate of title as provided in Transportation Code Section 501.036.
Trailer Sales
If a farm trailer or semitrailer is not issued a certificate of title (non-titled trailer), these
trailers may be sold on a bill of sale. If sold to a:
• Farmer, the $5.00 plate may be transferred by the use of the Tax Collector’s Receipt
for Title Application/Registration/Motor Vehicle Tax, Form VTR-500-RTS or Form
VTR-31-RTS.
• Non-farmer, the $5.00 plate should be surrendered to the County Tax
Assessor-Collector’s office and the trailer registered with regular registration. If the
trailer requires a title, the purchaser should file an application for title supported by a
bill of sale and an affidavit that the trailer was purchased from a farmer. In addition,
the purchaser should attach a copy of the Title Application Receipt and, if the vehicle
is a full trailer, include a weight certificate.
Farm Semitrailers
Transportation Code Section 501.036 provides that TxDMV may issue a title for a farm
semitrailer (not a farm trailer) with a gross weight of more than 4,000 pounds if:
• Under Transportation Code, Section 502.146, the farm semitrailer is eligible for
registration.
• The owner applies for a certificate of title under Transportation Code Section 501.023.
• The owner pays the required fees under Transportation Code Section 501.138. If an
application for title is filed, they should surrender the ownership document in support
of title issuance.
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Machinery/Permit Vehicle Plates
Titled Semitrailers
Farm semitrailers titled under Transportation Code Section 501.036, should be transferred
by proper assignment of title from the owner to the new owner. If the new owner qualifies
for farm plates, they may file an application of title supported by the assigned title. If the
owner does not wish to title the farm semitrailer in the owner’s name, they only apply for
registration only and retain the assigned title.
Trailers In Excess of 34,000 Pounds
Farm trailers and semitrailers in excess of 34,000 lbs are required to be titled and
registered.
Temporary Additional Weight Receipts
If a semitrailer with a gross weight of 4,000 pounds or less is issued a temporary
additional weight receipt for seasonal agricultural products and should this temporary
additional weight bring the gross weight of the vehicle above 4,000 pounds, the
semitrailer may not be titled as the vehicle would return to its previous status when the
temporary additional weight receipt expires.
14.11 Machinery/Permit Vehicle Plates
VTR issues the $5.00 distinguishing license plate in lieu of regular registration. Listed
below are vehicles eligible for the distinguishing plate. VTR does not title these vehicles.
(Refer to the TxDMV Motor Vehicle Registration Manual.)
Machinery Plates are issued to:
• Construction machinery (unconventional vehicles)
• Water well drilling units
Permit plates are issued to:
• Oversize/overweight commercial vehicles, used solely for servicing, cleaning out,
and/or drilling oil wells and which, consist in general, of a mast, an engine for power,
a draw-works, and a chassis permanently constructed for these purpose or purposes.
• Mobile crane, which is an unladen, self-propelled vehicle constructed as a machine
and used solely to raise, shift, or lower heavy weights by means of a projecting,
swinging mast with an engine for power on a chassis permanently constructed for
these purposes.
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Trailer Jockey
14.12 Trailer Jockey
A pulling unit with body type Trailer Jockey can be registered as a road tractor with
Tractor license plates, or registered with Combination license plates if it is pulling a
semitrailer with a gross weight of 6,000 pounds or more. As a prerequisite to title and
registration, Trailer Jockeys, or ‘yard dogs,’ must meet the U.S. DOT and Texas safety
standards. If the evidence of ownership is a Manufacturer’s Certificate of Origin (MCO),
it should be a “secure” form. VTR also requires proof of insurance in the title applicant’s
name unless the vehicle was purchased from a dealer.
14.13 House, Camper, and Travel Trailers
Definition
For title and registration purposes, a “camper trailer” is defined as one designed for
temporary human habitation and which may expand or fold out to form a shelter, the top
and sides of which are attached to part of the trailer. Whether the trailer is equipped with
items such as beds, icebox, refrigerator, cooking stove, etc., is immaterial. Tent trailers are
also included as a camper trailer, if the trailer is a pop-up style. These trailers are titled as
travel trailers
House trailer means a trailer designed for human habitation. The term does not include
manufactured housing. All camper trailers, new or used, purchased on and after
September 1, 1967, are titled as travel trailers. VTR issues these vehicles Travel Trailer
license plates. (Refer to the TxDMV Motor Vehicle Registration Manual.)
Transportation Code Section 501.002 of the Certificate of Title Act, does not include
mobile homes under the definition of “house trailer”. House trailer type vehicles are
classified as mobile homes if they are eight body feet or more in width or 40 body feet or
more in length (not including the hitch), and are designed to operate as a dwelling with or
without a permanent foundation. Mobile homes are excluded from the provisions of the
Certificate of Title Act, but are regulated under the Texas Manufactured Housing
Standards Act administered by the Texas Department of Housing and Community Affairs.
House trailer type vehicles and camper trailers less than eight body feet in width and less
than 40 body feet in length (not including the hitch) are “travel trailers” and are required to
be registered and titled as travel trailers. The term “house trailer” refers to travel trailers
that meet the above size criteria.
Utility Trailers
Utility trailers, which are used to transport property, camping equipment, or other items,
do not fall within this definition.
Evidence of Ownership
Evidence of ownership necessary to support an application for title should be:
• New camper trailers require a secure MCO prescribed by this department.
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Park Model Trailers
•
Used camper trailers last registered and titled in Texas as house trailers require an
assigned title.
Out of State Trailers
Camper trailers last registered out of state require an assigned title, or if from a non-title
state, the last license receipt in the applicant’s name or properly assigned.
14.14 Park Model Trailers
A “Park Model type” trailer is “recreational vehicle” by federal standards which is:
• Built on a single chassis,
• 400 square feet or less when measured at the largest horizontal projections,
• Permanently towable by a light duty truck, and
• Not designed primarily for use as a permanent dwelling.
A “Park Model” trailer should register and title as a Travel Trailer regardless of the body
style on the Manufacturer’s Certificate of Origin (MCO). If requested, Title Only can be
issued.
Evidence of Ownership
An application for title on a new “Park Model” type trailer should include a secure MCO
and a “Travel Trailer” or “Park Model Trailer” Verification, Form VTR-141. A MCO
prescribed by the Department of Licensing and Regulation is unacceptable.
Move Permits
Counties should enter “Permit Required to Move” in RTS when a customer submits a
normal title transfer (includes registration). Counties should label and bundle applications
for title on “Park Model” type trailers separately for examination. The notation “PERMIT
REQUIRED TO MOVE” appears on the face of the title and all subsequent titles issued.
14.15 Mobile Office Trailers
Mobile office trailers, mobile oil field laboratories, and mobile oil field bunkhouses are
not designed as a dwelling and, therefore, are not classified as travel trailers or
manufactured housing, regardless of size. These vehicles are classified as commercial
semitrailers and should be registered and titled appropriately (or display a 72-Hour
Permit) if operated upon public streets and highways. If the body style is designated as
mobile office, mobile oil field laboratory, or mobile oil field bunkhouse, the weight shown
on the certificate of origin is acceptable as the fixed weight of the vehicle for registration
purposes. If no weight is shown on the certificate of origin, a weight certificate is required.
The “1/3 minimum carrying capacity” rule does not apply to these vehicles. Photographs
or brochures are not required except in instances when a mobile home has been altered for
use as a mobile office, bunkhouse, or laboratory.
14.16 Motor Homes
Motor vehicles adapted or designed for habitation.
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Motor Homes
Definition
“Motor Homes” are self propelled vehicles constructed with built in kitchens, sleeping
facilities, etc. The body of a motor home is designed so when attached to the chassis, the
body completely envelops or covers the chassis and engine of the motor home vehicle.
Vehicles so constructed are registered with passenger license plates. Only one
manufacturer's certificate is required, and it should originate from the manufacturer. The
manufacturer's certificate lists the make and year model of the body and the vehicle
identification number of the chassis. Application for title should record the description of
vehicle as it appears on the manufacturer's certificate, and the body style should appear as
“Motor Home” (abbreviated “MH”). A photo describing the vehicle is required if the body
style is not indicated as “Motor Home” on the “final-stage” Manufacture's Certificate. A
weight certificate verifying the gross weight is required only if the weight is not shown on
the final stage MCO.
Mounted Units
If a camper unit is designed so that it is mounted directly and permanently on the chassis
of a vehicle (verified by a photograph of the exterior of the vehicle), owners should
register them with passenger plates. The vehicle should be weighed and include the weight
of the cab, chassis, and camping unit, and should be registered for that weight. The body
style should appear as “Motor Home” (abbreviated “MH”) on the title and registration
receipt.
Converted Trucks and Buses
Used trucks, truck-tractor and buses, which have been reconstructed or converted to
contain living quarters, should be titled as Motor Homes and register with passenger
plates. Owners should support the title application with a photograph of the interior and
exterior, a weight certificate verifying the gross weight, and a Rebuilt Vehicle Statement,
Form VTR-61 explaining the alteration. The make, year model, and vehicle identification
number should be the same as that shown on the title covering the truck, truck-tractor or
bus.
Note: When the certificate of title is issued for this type of vehicle, the notation
“Reconstructed” appears.
Converted Vans
New Vans
New vans which have been purchased by the recreational vehicle industry and converted
for living or camping purposes by the addition of items such as beds, tables, ice boxes,
refrigerator, carpet, etc., should title as Motor Homes and register with passenger plates.
The make, year model, and vehicle identification number should be the same as that
designated on the manufacturer's certificate of origin covering the van. A weight
certificate verifying the weight and a photo of the interior are required to support the
transaction.
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Former Military Vehicle
Note: If the transaction is also accompanied by a second stage Manufacturer's
Certificate of Origin (MCO) from the firm making the conversion, VTR may
waive the requirement of a photo and weight certificate. In order for the
weight certificate to be waived, the weight of the completed vehicle must be
shown on the second stage MCO. The weight should be greater than the
weight shown on the first stage MCO.
Chopped, Cutaway, or Incomplete
Chopped, cutaway, or incomplete vans that are purchased as component parts by the
Recreational Vehicle industry and used in the construction of Motor Homes should
register with passenger plates and title as “Motor Homes.” Manufacturer's certificates
from both the first and second stage manufacturers are required. Application for title
should record the make and year model as shown on the second-stage manufacturer's
certificate that is issued by the manufacturer of the body, and the vehicle identification
number should be the same number as designated by the first stage manufacturer. Owners
should support the transaction with a photo or pictorial literature describing the vehicle.
Also, a weight certificate should accompany the transaction, unless the weight of the
completed vehicle is shown on the second stage manufacturer's certificate and the weight
is greater than the weight shown on the first stage manufacturer's certificate.
Note: On first and second-stage Manufacturer’s Certificate of Origin (MCO): The
first-stage MCO need not show a year model. While only the second-stage
MCO is required on motor homes, take care to confirm the correct vehicle
information.
The first-stage MCO is issued by the manufacturer of the chassis (i.e.: Ford, Chevrolet,
GMC, etc.) and title is issued by the VIN assigned on that MCO. The second-stage MCO
is issued for the finished product by a different manufacturer (i.e.: Winnebago, Holiday
Rambler, Pace Arrow, etc.) and title is issued using the Year, Make and Body Style listed
on the second-stage MCO.
However, RTS and DTA include Vehicle Identification Numbering Association (VINA)
software that is programmed to read the VIN and automatically populate the Year, Make,
and Body Style fields. The VINA program populates the information from the first-stage
MCO incorrectly. The record shows chassis information from the first-stage MCO
(Example: 2004; Ford; Chassis), instead of the final product information from the
second-stage MCO (2005; Winnebago; Motor Home).
Note: Counties need to confirm the correct Year, Make, and Body Style fields are
entered on applications submitted with multi-stage MCOs, including DTA
disks.
14.17 Former Military Vehicle
Transportation Code Section 501.035
(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.
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Golf Carts and Other Miniature Type Vehicles
(b) In this section, “former military vehicle” has the meaning assigned by Section
504.502(i).
14.18 Golf Carts and Other Miniature Type Vehicles
Transportation Code, Section 502.001 (18), defines “golf cart” as a motor vehicle
designed by the manufacturer primarily for use on a golf course. Effective September 1,
2009, Transportation Code, Section 551.402, prohibits registration of golf carts regardless
of any alteration made to the golf cart. Transportation Code, Section 551.403, allows for
use of the golf cart on some public roads. Refer to the TxDMV Motor Vehicle
Registration Manual for additional information.
Title Requirements
As of September 1, 2009, VTR no longer issues titles for golf carts. Any existing title
remains valid until the vehicle is sold. An exception for select counties, allows for the
issuance of golf cart license plates. A Manufacturer Certificate of Origin, Bill of Sale, or
Invoice is acceptable as the ownership evidence.
Identification Numbers
Golf carts should have a valid manufacturer's vehicle identification number or owners
should obtain an assigned vehicle identification number from this department. Refer to
Chapter 13, “Vehicle Identification Numbers” for information on the assigned number
process.
Slow Moving Vehicles
A slow moving vehicle is defined as a vehicle designed to operate at a maximum speed of
25 miles per hour or less. Slow moving vehicles are required by Section 547.001 to
display a slow moving vehicle emblem when operated on the public streets. Vehicles
required to display the emblem are exempt from the Safety Inspection Act.
Vehicles designed to operate at speeds in excess of 25 miles per hour do not qualify as
slow moving vehicles.
Mini-trucks
Vast numbers of used Japanese mini-trucks and vans (also known as Kei-class vehicles)
are being imported into the US primarily as off-road vehicles. Some states allow
mini-trucks to operate on roadways as low or slow speed vehicles. VTR does not title or
register mini-trucks due the vehicle’s lack of compliance with US environmental and
safety standards.
14.19 Off-Highway Use Vehicles
Motorcycles, trail bikes, mini bikes, mini-motorcycles (gas and/or electric), all-terrain
vehicles, recreational off-highway vehicles, etc., designed and equipped for off highway
use.
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Off-Highway Use Vehicles
Off-Highway Use Motorcycles
Requirement of Title
Effective September 1, 1975, all off highway motorcycles (non-street legal) which are
designed and equipped for racing, trail riding, or other off highway use are required to be
titled. These vehicles cannot pass the state safety inspection requirements unless modified
and cannot register.
Evidence of Ownership
The basic evidence of ownership required with an application for title on an off highway
motorcycle is as follows:
• A Manufacturer's Certificate of Origin (MCO) for all new “off-highway” motorcycles
sold on or after September 1, 1975.
• A properly assigned certificate of title for a used “off-highway” motorcycle; however,
if the motorcycle was owned by the applicant prior to September 1, 1975, any one of
the following items may support the application:
• An MCO completed and assigned to the applicant.
• An invoice signed by an agent of the company or firm selling the vehicle and dated
prior to September 1, 1975.
• A bill of sale signed by the seller and dated prior to September 1, 1975.
• If any of the above documents are not available, a Recreational Off-Highway
Vehicle Statement of Ownership, Form VTR-330, completed by the owner, as of
September 1, 1975, if that owner is the person applying for title.
• Any used motorcycle purchased or taken in trade by a dealer on or after September 1,
1975, should transfer to the dealer on an assigned certificate of title. The dealer may
then reassign the title to a retail purchaser.
Vehicle Identification Number
The frame serial number is the vehicle identification number on all applications for
certificate of title covering motorcycles. If a motorcycle does not have a serial number die
stamped on the frame, the owner should obtain an assigned vehicle identification number
(“TEX” number) from the department.
Application
The notation “00 EXAM” should appear in the classification on the Form VTR-31-RTS,
and “NOT REG” should appear in the license number space of the application for title and
the Form VTR-31-RTS, when a motorcycle or all terrain vehicle is to title but not
registered. The department then issues a certificate of title that contains the remark “Off
Highway Use Only.”
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Off-Highway Use Vehicles
Modified Off-Highway Motorcycles
Once a motorcycle has been titled as an off highway vehicle without registration, VTR
requires an application for corrected title to clear the remark if the vehicle is ever modified
in order to register. If a transfer of ownership is involved and a current license number is
shown in the license number space on the application for title, the notation “Off Highway
Use Only” deletes automatically from the title record. Applicants should include
verification of a DPS safety inspection and a copy of the current registration receipt with
the application for title.
All-Terrain Vehicle (ATV)
Definition
All-terrain vehicle means a motor vehicle that is equipped with a seat or seats for the use
of the rider (and a passenger), designed to propel itself with three or more tires in contact
with the ground, designed by the manufacturer for off-highway use, not designed by the
manufacturer primarily for farming or lawn care, and not more than 50 inches in width.
Note: ROVs and ATVs are defined in the same manner except that ATVs are
vehicles that are not more than 50 inches in width, may have only 3 wheels
and accommodate a rider and one passenger, while ROVs are vehicles that
have at least 4 wheels and can accommodate a rider and multiple passengers.
Effective September 1, 1985, no person (other than a dealer) may transfer ownership of an
all-terrain vehicle unless a title has been applied for and issued in the name of the owner as
of that date.
House Bill 3849, passed by the 81st Legislative session (2009) eliminated bench or bucket
seats from the ATV definition.
Note: The only sections of the law that were repealed are related to registration and
the issuance of the ATV sticker. ATVs are still required to be titled.
Direct questions concerning ATV operation on public land in Texas to Texas Parks and
Wildlife Department’s “Off Highway Vehicle” section at (512) 389-8917 or to the Web
site at: www.tpwd.state.tx.us/spdest/ohv/faq.phtml
Recreational Off-highway Vehicle (ROV)
Definition
Recreational off-highway vehicle means a motor vehicle that is not a golf cart, equipped
with a seat or seats for the use of the rider (and a passenger), designed to propel itself with
four or more tires in contact with the ground, designed by the manufacturer for
off-highway use, and not designed by the manufacturer primarily for farming or lawn
care. Effective September 1, 2009, (HB 2553 passed by the 81st Legislature) the definition
of “motor vehicle” was amended to include the recreational off-highway vehicle.
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Off-Highway Use Vehicles
Note: ROVs and ATVs are defined in the same manner except that ATVs are
vehicles that are not more than 50 inches in width, may have only 3 wheels
and accommodate a rider and one passenger, while ROVs are vehicles that
have at least 4 wheels and can accommodate a rider and multiple passengers.
Title Requirements
Effective September 1, 2009, no person (other than a dealer) may transfer ownership of a
recreational off-highway vehicle unless a title has been applied for and issued in the name
of the owner as of that date.
New ROVs designed for off highway use that are sold on and after September 1, 2009,
should transfer on an MCO with the exception of vehicles in a dealer's stock before
September 1, 2009. In a case of a vehicle in stock before September 1, 2009 for which a
dealer cannot obtain an MCO, the dealer may transfer ownership on an invoice or bill of
sale, provided the bill of sale includes a statement verifying that the ROV was in a dealer's
stock prior to September 1, 2009. The dealer should then complete the Recreational
Off-Highway Vehicle Statement of Ownership, VTR-330, and a Dealer's Reassignment of
Title for a Motor Vehicle, VTR-41-A. Any used ROVs purchased or taken in trade by a
dealer on or after September 1, 2009, should transfer to the dealer on an assigned
certificate of title.
As of September 1, 2009, an individual who owns an ROV designed for off-highway use
and not used strictly on a farm should obtain a certificate of title before the vehicle can
transfer to another owner. Applicants must submit the following documents with the
application for Texas title:
• Recreational Off-Highway Vehicle Statement of Ownership, Form VTR-330,
• Application for Texas Title, Form 130-U. Indicate “NOT REG” in the license number
space on Form 130-U.
• Sales from an Individual must also include:
• An invoice dated prior to September 1, 2009, signed by an agent of the
company/business that sold the ROV, or
• A bill of sale dated prior to September 1, 2009, properly signed by the seller.
• Sales from a Licensed Dealer must also include:
• An Invoice or bill of sale - applies to ROVs in stock before September 1, 2009, for
which a dealer cannot obtain a MCO. The bill of sale must include a statement that
the ROV was in the dealer's stock prior to September 1, 2009.
• Dealer's Reassignment of Title for a Motor Vehicle, VTR-41-A.
Note: Manufacturer Certificate of Origin (MCO) - applies to new ROVs sold on or
after September 1, 2009.
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Off-Highway Use Vehicles
These off-highway vehicles are not designed by the manufacturer for highway use and are
not registered when the owner makes application for a certificate of title. The notation
“NOT REG” should appear in the license number space on the Application for Texas Title,
Form 130-U, and Form VTR-31-RTS. A Texas Certificate of Title issued for a ROV or
ATV reflects the remark “Off-Highway Use Only”. An all terrain vehicle or recreational
off-highway vehicle, with or without design alterations, may not register for operation on
public highways.
Title Exemption for ATVs and ROVs
An ATV or ROV may be exempted from the title requirement if the purchaser certifies
that the vehicle will be used primarily for farming or lawn care and has at least four
wheels in contact with the ground. The purchaser makes the certification by completing
Recreational Off-Highway or All-Terrain Vehicle Used for Farming or Lawn Care, Form
VTR-329. However, an ATV or ROV that has multiple rows of seats, contains food or
beverage equipment, is equipped with specifically non-farm or non-lawn care equipment,
or only has three wheels in contact with the ground is not eligible for the title exemption as
these types of vehicles are most commonly associated with use at sporting events, use by
apartment and large living communities, or primarily for recreational purposes. A licensed
dealer is to provide a photocopy of the completed Form VTR-329, along with the
Manufacturer’s Certificate of Origin (MCO), to the original purchaser. The dealer retains
the original Form VTR-329 in their records.
If the original purchaser of the exempt ATV or ROV sells the ATV or ROV, they must
provide the photocopy of the Form VTR-329 and the MCO to the subsequent purchaser.
If the original purchaser wishes to obtain a Certificate of Title at a later date, the
photocopy of the completed Form VTR-329 must be submitted with Form 130-U and the
MCO. Similarly, if a subsequent purchaser wishes to obtain a Certificate of Title, the
photocopy of the completed Form VTR-329 from the original purchaser must be
submitted with Form 130-U and the MCO.
When presented with a Form VTR-329 by an original purchaser who subsequently
wishes to title the ATV or ROV, the Delinquent Transfer Penalty would not apply. If this
situation occurs after the 30th day from the date of sale, the Registration and Title System
(RTS) will calculate a Delinquent Transfer Penalty. The penalty should be manually
changed to reflect no charge and will require a Supervisor Override. In the case of a
subsequent purchaser, the delinquent transfer penalty would apply once the 30 day
transfer period has passed from the date of the subsequent purchase since there is an actual
change in ownership.
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Chapter 15
ODOMETERS
This chapter contains the following sections:
• 15.1 Odometer Disclosure Statement
• 15.2 Vehicles Exempt from Disclosure
• 15.3 Application for Title/Title Assignment
• 15.4 Odometer Title Brand
• 15.5 Operation of Law Title Transfers
• 15.6 Odometer Issues
• 15.7 Power of Attorney to Transfer Ownership and Disclose Mileage
15.1 Odometer Disclosure Statement
Transportation Code Section 501.072
(a) Except as provided by Subsection (c), the seller of a motor vehicle sold in this
state shall provide to the buyer, on a form prescribed by the department, a
written disclosure of the vehicle's odometer reading at the time of the sale. The
form must include space for the signature and printed name of both the seller
and buyer.
(b) When application for a certificate of title is made, the owner shall record the
current odometer reading on the application. The written disclosure required by
Subsection (a) must accompany the application.
(c) An odometer disclosure statement is not required for the sale of a motor vehicle
that:
(1) has a manufacturer's rated carrying capacity of more than two tons;
(2) is not self-propelled;
(3) is 10 or more years old;
(4) is sold directly by the manufacturer to an agency of the United States
government in conformity with contractual specifications; or
(5) is a new motor vehicle.
Federal Truth in Mileage Act of 1986
In an effort to deter odometer fraud and to protect consumers, the 99th Congress of the
United States enacted the Truth in Mileage Act of 1986 (Public Law 99-579) which
amended Title IV of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C.
1981-1991. In order to comply with this Act, Federal rules and Texas law, the department
revised the odometer disclosures on certificate of titles issued on and after April 29, 1990,
to contain the following:
• The odometer reading at the time of transfer, not to include tenths of miles;
• The date of the odometer disclosure statement;
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Vehicles Exempt from Disclosure
•
•
The signature, hand printed name and current address of the transferor (seller);
The signature, hand printed name and current address of the transferee (buyer);
Note: The same individual may not sign an Odometer Disclosure Statement as both
buyer and seller.
•
•
•
The vehicle description, including make, model, year, body style, and VIN;
A statement referring to the Federal and State law advising that failure to complete or
providing false information may result in fines and/or imprisonment; and
A certification completed by the transferor (seller) stating that, to the best of their
knowledge, the odometer reading reflects the actual mileage, not actual mileage, or
that the actual mileage is in excess of the mechanical limits of the odometer.
Note: The department discontinued the Odometer Disclosure Statement, Form
VTR-40 effective January 1, 2011. If there is an actual buyer and seller or the
vehicle is exempt, complete the odometer statement on the vehicle assignment.
If there is not an actual buyer and seller, record odometer information
directly on the Application for Texas Title, Form 130-U.
15.2 Vehicles Exempt from Disclosure
For vehicles exempt from the odometer disclosure requirements, indicate the word
“EXEMPT” in the Odometer Reading field (Block 18) on the Application for Texas Title,
Form 130-U. Vehicles exempt from the odometer disclosure requirements are:
• A vehicle having a gross vehicle weight rating of more than 16,000 pounds;
• A vehicle that is not self propelled;
• A vehicle that is ten model years old or older;
• A vehicle sold directly by the manufacturer to any agency of the United States in
conformity with contractual specifications; and
• A new motor vehicle prior to its transfer to the first retail purchaser.
15.3 Application for Title/Title Assignment
If a vehicle is exempt from the odometer disclosure requirements, the purchaser is not
required to sign the back of the certificate of title upon reassignment from the seller. The
word “Exempt” should appear in the odometer disclosure portion of the title reassignment
and field eighteen (18) on the Application for Texas Title, Form 130-U.
Metric Odometers
If the odometer of a vehicle records kilometers rather than miles, counties should draw a
line through “mileage” and insert “kilometers” on the odometer disclosure statement.
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Application for Title/Title Assignment
Texas Titles
The assignments on the reverse side of a Texas Certificate of Title incorporate a statement
by the seller as to the vehicle's odometer reading at the time of transfer. All assignment
spaces on the Texas Certificate of Title must be completed prior to using the Dealer's
Reassignment of Title for a Motor Vehicle, Form VTR-41-A. When an application for
title is filed, the current odometer reading should also appear in the proper space on the
application. The certificate of title, when issued, records the odometer reading and
applicable brand as reflected on the title assignment or on the Form VTR-41-A.
Out-of-State Titles
When an owner surrenders an out-of-state title, they should complete the odometer
disclosure statement on the reassignment unless the vehicle is exempt. In cases involving
the surrender of an out of state title and no transfer of ownership the title applicant should
record the current odometer reading in field 6 of the Application for Texas Certificate of
Title, Form 130-U, and indicate in field 18 whether the mileage disclosed is actual, not
actual, or exceeds mechanical limits. In addition, the current odometer reading at the time
of the safety and VIN inspection should appear on the Out-of-State Vehicle Identification
Certificate, Form VI-30 by the inspector. In some instances, a vehicle identification
certificate may have been obtained before or after the completion of an application for title
on an out of state vehicle. If the mileage recorded on an Out-of-State Vehicle Identification
Certificate is significantly different from the title application, the transaction is
acceptable. However, it should be placed in a Special Handling envelope for further
examination. (See Inspection Information in Chapter 18.)
Manufacturer's Certificate of Origin
An odometer disclosure statement is required when a new vehicle is transferred to the first
retail purchaser. The odometer disclosure provided for this first retail transaction must
comply with the Truth in Mileage Act requirements. The buyer should acknowledge the
odometer disclosure. The disclosure may be provided by completing a conforming
odometer disclosure statement on the Manufacturer's Statement of Origin or on a separate
odometer disclosure statement. This applies regardless of whether or not the
Manufacturer’s Certificate of Origin contains an odometer disclosure statement.
Applications for Registration Purposes Only
The title applicant must note the current odometer reading on the Application for
Certificate of Title, Form 130-U, and indicate whether the reading is actual, not actual,
exceeds mechanical limits or exempt.
Salvage Titles
When filing an application for title for a rebuilt salvage vehicle, unless the vehicle is
exempt, the seller must complete the odometer statement on the assignment of title and the
buyer must acknowledge it. The mileage indicated on the disclosure statement must also
appear on the Application for Certificate of Title, Form 130-U.
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Odometer Title Brand
US Government Certificate to Obtain Title to a Vehicle, Form 97
The odometer disclosure on Form 97 is acceptable provided the disclosure includes the
printed names of the person(s) signing as the seller's representative and as the buyer.
Corrected Title Transactions
In the case of an application for corrected title, either the current or the previously
recorded odometer reading is acceptable. In addition, the title applicant must indicate
whether the mileage is actual, not actual, or exceeds mechanical limits on the Application
for Certificate of Title, Form 130-U.
Title Application Fails to Record an Odometer Reading
If the title assignment fails to record an odometer reading, the transaction must be rejected
unless the vehicle is exempt or involves no change in ownership or an unrecovered stolen
vehicle in which cases the odometer reading and certification can remain as currently
recorded.
Exempt Agencies
The odometer requirements apply to exempt agencies.
15.4 Odometer Title Brand
Federal law requires the department to print an odometer brand (ACTUAL MILEAGE,
MILEAGE EXCEEDS MECHANICAL LIMITS, or NOT ACTUAL MILEAGE) on all
titles issued on applicable vehicles. These brands, when applicable, show as the first brand
beneath the word “REMARK(S).”
15.5 Operation of Law Title Transfers
An odometer disclosure statement is required on applications for title involving an actual
seller and an actual buyer. Unless the vehicle is exempt, the odometer statement must
appear on the title assignment.
It is not necessary for transactions to include a completed odometer statement when there
is not an actual buyer and seller. Transactions such as tax collector hearings or court
orders do not require an odometer disclosure statement from the County Tax
Assessor-Collector or the court. However, the person awarded ownership of the vehicle
must complete the odometer reading in field 6 of the Application For Texas Title, Form
130-U, and indicate whether the reading is actual, not actual, exceeds mechanical limits,
or exempt, in field 18.
Unrecovered Stolen Vehicles
When an application for title is filed by an insurance company on an unrecovered stolen
vehicle, the odometer reading from the previous title should carry forward. Unless there is
other evidence in the transaction to the contrary, the mileage disclosed should appear as
the actual mileage.
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Odometer Issues
15.6 Odometer Issues
Vehicles Having No Odometers
Indicate the word “EXEMPT” in the Odometer Reading field (block 18) of the application
for title, Form 130-U, and title reassignment for assembled vehicles, golf carts, antique
vehicles, motorcycles and mopeds, etc., which are self propelled but do not have
odometers.
Note: If the vehicle is not exempt from odometer requirements (Refer to Vehicles
Exempt from Disclosure), when processing the transaction through RTS,
input the odometer reading as “000001” and indicate “Not Actual Mileage” in
order for the system to accept the transaction.
Broken or Inoperable Odometers
When an odometer disclosure statement contains a notation that the odometer is broken,
inoperable, or displays “ERROR,” the odometer reading cannot appear as actual mileage.
The odometer disclosure statement must indicate that the odometer reading is NOT the
actual mileage. If an odometer reading appears on the disclosure statement, it should also
appear on the application for title. However, if a reading is not shown on the odometer
disclosure statement, indicate six zeros (000000) on the Application for Title, Form
130-U.
Note: When processing the transaction through RTS, input the odometer reading as
“000001” since the system does not accept an odometer reading of “000000.”
Repaired or Replaced Odometers
Note: There are no restrictions or guidelines as to who has the authority to repair or
replace a malfunctioning odometer.
When an odometer is serviced, repaired, or replaced, the owner should maintain proper
records of the repair or replacement in order to avoid any type of problem or civil liability
relating to the repair or replacement.
If the mileage does not remain the same (actual mileage cannot be determined), the
odometer should be reset to zero. The owner or agent of the owner is also required to
attach a written notice to the left door frame of the vehicle specifying the mileage before
the service, repair, or replacement and the date of the service, repair, or replacement.
When the vehicle is subsequently transferred, it is the responsibility of the seller to
indicate the odometer reading. The odometer brand certification is always Not Actual.
Odometer Discrepancies
If it appears a conforming odometer disclosure statement on a Texas or an out-of-state title
has been altered, the transaction should be rejected for a Statement of Fact from the seller
and buyer explaining the alteration. If the odometer reading appears to have been altered,
the seller must complete another statement of fact that includes the requirements of the
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Power of Attorney to Transfer Ownership and Disclose Mileage
Federal Truth in Mileage Act (See Federal Truth in Mileage Act of 1986), odometer
disclosure statement showing the correct odometer reading and indicate whether the
mileage is actual, not actual, or exceeds mechanical limits. The buyer (title applicant)
must acknowledge this disclosure statement. An alteration of the odometer reading on a
secure Dealer’s Reassignment of Title for a Motor Vehicle, Form VTR-41-A, or a Power
of Attorney for Transfer of Ownership to a Motor Vehicle, Form VTR-271-A, may be
corrected by completing another of the appropriate forms. Correct obvious errors by
drawing a line through the error and completing a Statement of Fact, from the seller
explaining the alteration. The buyer then acknowledges the correction.
Odometer Errors on a Certificate of Title
If the department is responsible for making an error in the odometer reading or title brand
on a certificate of title, the department issues a corrected title at no charge. The recorded
owner or lienholder should submit a request to the department for a “no charge” corrected
title, which clearly indicates the error or errors, along with the incorrect negotiable title
document.
However, if the department is not responsible for the error, the owner of the vehicle must
file an application for a corrected title with the County Tax Assessor-Collector. The
correct odometer reading and certification must appear on the title assignment.
Additionally, applicants should complete fields 6, 17 and 18 of the application. The
application should be supported by the current Texas Certificate of Title, a statement of
fact from the seller (previous owner indicated on title) or transferor that made the error
stating the correct mileage and/or certification and acknowledged by the purchaser (owner
indicated on the title), and the applicable title fee.
Letter Preceding Numbers in Odometer Field
The odometer field should consist of numbers only. Any transaction that includes a
printed letter in the odometer reading is not acceptable unless a Statement of Fact signed
by the seller and title applicant to verify the correct odometer reading appears.
15.7 Power of Attorney to Transfer Ownership and Disclose
Mileage
The secure Power of Attorney for Transfer of Ownership to a Motor Vehicle, Form
VTR-271-A, may be used when issued to Texas licensed motor vehicle dealers, salvage
dealers, and insurance companies. Use this form when the title to be transferred is a Texas
Certificate of Title issued on or after April 30, 1990, and is physically held by a lienholder
or the title has been lost. When a dealer or insurance company buys, or takes as a trade-in,
a motor vehicle from an owner who does not have the title for either of these reasons and
does not wish to return to the purchaser to complete the odometer disclosure statement and
title assignment, this form should be completed.
Part A
Both the seller and the buyer must complete Part A. Both the original and the duplicate
power of attorney should contain original signatures.
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Power of Attorney to Transfer Ownership and Disclose Mileage
When the certificate of title is received, the buyer should exercise the authority granted
him by the seller by completing the assignment and odometer disclosure on the title. Any
buyer, other than a dealer, is then required to file an application for title in their name
supported by this power of attorney.
Part B
If the dealer retails the motor vehicle before he receives the certificate of title, the
purchaser may grant power of attorney to the dealer to complete the purchaser's
acknowledgment of the odometer disclosure.
In this instance, the retail purchaser and the dealer should complete Part B of the power of
attorney.
Certification
If both Parts A and B are complete, upon receipt of the certificate of title, the dealer must
complete Part C.
Unless the sale involves an out-of-state purchaser, the dealer should then file the
application for title supported by the secure power of attorney, other required documents,
and fees with the County Tax Assessor-Collector as directed by the purchaser on the
County of Title Issuance, Form VTR-136.
Note: If the vehicle in question is exempt from odometer disclosure, a non-secure
power of attorney, Power of Attorney to Transfer Motor Vehicle, Form
VTR-271, may be used.
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Chapter 16
OPERATION OF LAW
This chapter contains the following sections listing the various methods of transfer as
provided for in the law:
• 16.1 Transfer of Vehicle by Operation of Law
• 16.2 Definitions and Distinctions
• 16.3 Transfers Originating Out-of-State
• 16.4 Estates of Decedents
• 16.5 Trusts
• 16.6 Bankruptcies
• 16.7 Bank Liquidations
• 16.8 Repossessions
• 16.9 Judicial Sale
• 16.10 Seized and Forfeited Vehicles
• 16.11 U.S. Bill of Sale
• 16.12 Change of Name (Texas Family Code - Chapter 45)
• 16.13 Divorce Suits
• 16.14 Judgments and Decrees
• 16.15 Judicial Declaration of Incompetence
• 16.16 Rights of Survivorship Agreement for a Motor Vehicle
• 16.17 Texas Uniform Gifts or Transfers to Minors Act
• 16.18 Judicial Orders
16.1 Transfer of Vehicle by Operation of Law
Transportation Code Section 501.074
(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 the 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;
(4) a court order; or
(5) the bill of sale from an officer making a judicial sale.
(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.
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Definitions and Distinctions
(c) If a constitutional or statutory lien is foreclosed, the department may issue a new
title in the name of the purchaser at the foreclosure sale on receiving:
(1) the affidavit of the lienholder of the fact of the creation of the lien and of the
divestiture of title according to law; and
(2) proof of notice as required by Sections 70.004 and 70.006, Property Code or
by Section 59.0445, Property Code.
(d) Notwithstanding the terms of Section 501.005, in the event of a conflict between
this section and other law, this section controls.
This Chapter covers any type of involuntary transfer or transfer by operation of law
(owner will not, or cannot, assign the certificate of title). Divestiture of title (meaning to
take title out of the name of an owner) usually cannot be accomplished under the laws
discussed in this Section until a certificate of title has first been issued and recorded in
Texas.
Refer to Table 11-1 Application for Title Signed By A Trustee And Authority Required
for relevant information.
The original or certified copy of title is not required to transfer ownership based on a
Judicial, U.S. Government Agent's, Sheriff's, Constable's, Mechanic's or Storage Lien Bill
of Sale or upon an acceptable court order conveying ownership to a vehicle, provided a
release of any recorded lien is attached to the transaction, when required.
Note: A release of lien is not required when a vehicle sells to satisfy: (1) a mechanic's
lien only, or (2) a non-consent storage foreclosure lien in accordance with the
Vehicle Storage Facility Act. Use the Storage Lien for Licensed Vehicle Storage
Facility, Form VTR 265-VSF, provided to the purchaser at public sale.
16.2 Definitions and Distinctions
•
•
•
•
•
•
•
•
•
decedent - deceased person
intestate - no will left
testate - having left a will
testator - one who makes and leaves a will
probate - official proof
probate court - County Judge sitting in probate (no jury) concerning matters of
deceased persons and the various types of guardianship.
executor - one appointed by a testator to execute the deceased person’s will after
probate.
administrator - one appointed by the probate court to administer the estate of an
intestate or testate if an executor is not named or does not accept or qualify.
trustee - one who manages property or money for another. A trustee may sign title
transfer documents without attaching evidence of their appointment as the trustee;
provided they do not sign as “Trustee of an Estate,” “Trustee in Bankruptcy,” “Trustee
of a Trust,” or “Trustee for a Minor.”
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Transfers Originating Out-of-State
16.3 Transfers Originating Out-of-State
Transfers with an out-of-state operation of law document should be cleared by the state in
which it occurred. Some out-of-state repossessions and heirship transactions are
acceptable when there is a direct Texas tie.
16.4 Estates of Decedents
This subject includes two types of estates:
• Administration by Executor or Administrator
• No Administration and None Necessary [Estates Code 201]
Administration by Executor or Administrator
Testate
If a deceased person left a will, the will should be filed for probate or administration
within four years from the date of death of testator or decedent. If the will is filed for
administration, a court may determine that no administration is necessary. If the court
determines that no administration is necessary, the court prepares a document declaring
that no administration of the will is necessary.
Letters Testamentary [Estates Code 306]
When a will has been probated, the court will grant Letters Testamentary within twenty
days, if permitted by law, to the executor or executors appointed by the will provided the
executor or executors are not disqualified and are willing to accept and qualify according
to law. A certified copy of Letters Testamentary may be obtained from the clerk of the
probate court, or a certification of the “appointment and qualification” by the county clerk
is acceptable. A certified copy of a will appointing an executor may be acceptable
provided the county clerk states the executor has qualified; otherwise, Letters
Testamentary must be attached.
Letters of Administration [Estates Code 306]
The court may grant administration of the estate when a person dies under the following
circumstances:
• without a will
• the will does not name an executor
• the executor has died or has failed to accept and qualify within twenty days after the
probate of the will
• the administrator does not present the will for probate within thirty days
The administrator should attach Letters of Administration (or a certification of such by the
clerk of the probate court) to any assignment of title it executes.
Administration Not Granted [Estates Code 306]
Grant no administration upon any estate unless there is a necessity that is determined by
the court hearing the application. An affidavit of heirship form should state this fact. A
will is not considered filed for probate until the probate judge issues such an order.
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Estates of Decedents
More than One Executor or Administrator [Estates Code 307]
If there is more than one executor or administrator of the same estate at the same time, the
action taken by one of them is as valid as if all had acted jointly. The signature of one of
the executors or administrators on an assignment of title with Letters Testamentary or of
Administration attached is acceptable.
Independent Administration
A person making a will may specify no action in the county court other than the probating
and recording of the will and the return of an inventory, appraisement, and list of claims of
the estate. The probating of a will of this type, when no administration is necessary, is
known as an “independent administration,” and an application for certificate of title to a
motor vehicle or transfer of title should be accompanied by one of the following:
• A copy of the will certified by the clerk of the probate or county court that the will was
probated as an “independent administration”.
• A certificate of the clerk of the probate court verifying the name of the beneficiary in
compliance with the will that was filed as an “independent administration”.
• A copy of the probate court's proceedings signed by the county or probate judge or
certified to by the clerk of the court. The copy must name the beneficiaries; otherwise,
a copy of the will must also be attached.
• A copy of the probate court's order, certified by the clerk of the court, admitting a will
to probate as an “independent administration”.
If the independent administration fails to name a sole beneficiary of the motor vehicle,
then all heirs or beneficiaries named in the will must sign the application for title or sign
any transfer of title. These heirs may grant a power of attorney to an agent to sign for
them, but one of the above listed instruments establishing the independent administration
must support the transaction. If the will indicates that an Executor or Executrix has been
appointed, that person may sign for all heirs.
Muniment of Title [Estates Code 257]
The court may find there is no necessity for administration of an estate, and admit a will
(whether or not the written will is found) to probate as a muniment of title. The order
admitting the will constitutes sufficient authority to transfer title. One of the following
should accompany an application for certificate of title to a motor vehicle or transfer of
title:
• A copy of the will certified by the clerk of the probate or county court that the will was
admitted as a “muniment of title.”
• A certificate of the clerk of the probate court verifying the name of the beneficiary in
compliance with the will that was admitted as a “muniment of title.”
• A copy of the probate court's proceedings signed by the county or probate judge or
certified to by the clerk of the court. The copy must name the beneficiaries; otherwise,
a copy of the will must also be attached.
• A copy of the probate court's order, certified by the clerk of the court, admitting a will
to probate as a “muniment of title.”
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Estates of Decedents
If the muniment of title fails to name a sole beneficiary of the motor vehicle, then all heirs
or beneficiaries named in the will or the court's order must sign the application for title or
sign any transfer of title. These heirs may grant a power of attorney to an agent to sign for
them, but one of the above listed instruments establishing the muniment of title must
support the transaction.
Executor or Administrator not to Purchase [Estates Code 356]
With a few exceptions, an executor or administrator may not purchase any property of the
estate. If the executor or administrator does become the purchaser, only persons interested
in the estate may complain by court action (not to the department), and the county judge
then rules on the validity of the sale. Therefore, VTR will not reject an application for title
to a motor vehicle in the name of an executor or administrator because the application is
not in the name of the estate.
Summary Court Officer as Administrator
A certified copy of the Summary Court Order directing the officer appointed by the court
to dispose of a deceased military man's property is acceptable as lawful authority for the
officer to sign for the deceased person.
Guardians for minors, etc.
Where there are minors, or incapacitated persons, having no guardian in this state who are
entitled to a portion of an estate, or whose guardians also have an interest in the estate, the
court appoints a guardian to represent them.
If an executor or administrator transfers title of a vehicle to a minor – the minor's guardian
should sign the application for the minor and attach letters of guardianship.
Certificate of Title Lost - Deceased Owner
If a Texas certificate of title in the name of the deceased owner has been lost and the
department has a record of the title, it is not necessary for a copy of the title to be obtained
if the title applicant is an heir that signs the heirship affidavit or is named in the operation
of law proceedings (letters testamentary). If the owner is not a heir, then a bill of sale is
necessary.
When a Texas certificate of title lists two owners and one owner is deceased, it is not
necessary for a copy of the title to be obtained, if the title applicant is an heir that signs the
heirship affidavit or is named in the operation of law proceedings (letters testamentary). If
the surviving owner is not an heir, then a bill of sale is necessary.
If an out-of-state title is involved, owner and lienholder verification from that state is
required. If the applicant is unable to obtain the verification due to privacy laws in the
other state, the options available to obtain Texas title are as follows:
• Pursue a Tax Assessor-Collector Hearing or a Bonded Title, if they meet the
requirements of Transportation Code Section 501.052.
• Obtain title in the other state, prior to transferring to Texas.
• Pursue litigation through a court of competent jurisdiction.
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Estates of Decedents
If the estate of the deceased was probated and an executor or administrator was appointed,
that person may transfer ownership of the vehicle using a bill of sale and attaching
evidence of their appointment by the probate court. If the title record or the out-of-state
verification shows a lien, a release of lien must be attached.
If the deceased did not leave a will and the title has been lost, a certified copy of the title is
not required. However, if the title record or the out-of-state verification shows a lien, a
release of lien is required. An Affidavit of Heirship for a Motor Vehicle, Form VTR-262
may support an application for a new title.
A copy of the title is not needed with any application filed by the person awarded the
vehicle by the will probated as a muniment of title. If the title record shows a lien, a
release of lien is required.
If no record of title or registration can be located in the department's records on a Texas
titled vehicle, the individual(s) authorized to sign for the estate of the deceased owner may
complete a Verification of Ownership, Form VTR-268 along with satisfactory evidence
of ownership (Refer to Chapter 24, “Certified Copies”). In this case, evidence of legal
authority to sign, such as Letters of Administration, Letters Testamentary, Probate
Proceedings (also Muniment of Title), or an Affidavit of Heirship must be attached.
Note: VTR may issue a certified copy of title in the name of a deceased owner, if
needed to transfer out of state.
Certificate of Title Lost (Deceased Lienholder)
If the lienholder is deceased, it is not necessary for a certified copy of title to be issued.
The administrator or executor of the deceased lienholders estate (or by all heirs if no
administration) must provide lawful authority (Letters of Administration, Letters
Testamentary, Heirship Affidavit, etc.) for the application.
Title is required if the titled owner is selling the vehicle.
If the owner of record has paid off the lien, then the title is required. In this instance the
administrator or executor of the deceased lienholder's estate (or by all heirs if no
administration) must complete the VTR-34. They should attach all evidence of lawful
authority (Letters of Administration or Testamentary, Heirship Affidavit, etc.) to the
application for CCO.
If a vehicle is titled in two individual's names and one passes away, the surviving heir of
the deceased must provide either an Heirship Affidavit or Letters Testamentary and
reassign the original title or provide a Bill of Sale naming the new purchaser/owner of the
vehicle.
The above applies to a vehicle titled in a husband and wife’s name. The surviving spouse
(even if sole heir) must provide a separate reassignment for her part of ownership of the
vehicle in addition to an Heirship Affidavit or Letters of Testamentary.
If the wife is not the sole heir the multiple heirs should sign the Heirship Affidavit. If all
heirs cannot appear before one notary public on the same date, separate acknowledgments
may be taken and attached to the form.
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Estates of Decedents
Joint Wills and Ownership Changes
It is not necessary for a customer to provide an affidavit of heirship when the following
scenario takes place.
A husband and wife have joint ownership on one vehicle and the wife has sole ownership
of a second vehicle. The couple filed a joint will in which either party would be the sole
beneficiary in the event of the other's death. Upon the death of the wife, the husband was
the sole beneficiary based on the joint will (not probated).
The husband later drew up a new will in his name appointing an executor. Upon the death
of the husband, the will was probated. The executor appointed has the ability to execute
the will without the need of an affidavit of heirship for the wife's portion of the estate.
No Administration and None Necessary [Estates Code 201]
If a person dies intestate (without a will), an application for Affidavit of Heirship for a
Motor Vehicle, Form VTR-262, should be completed marking either no will left, or a will
was left but no application for administration has been filed, or a court has determined that
no administration is necessary. If the person died intestate, the estate passes down
according to the laws of descent and distribution, and the Signature Of Affiants area of
Form VTR-262 should be completed accordingly, as explained in the following
scenarios:
• Vehicle owner dies and is survived by spouse only or is survived by spouse and their
children; therefore, the community property estate of the deceased spouse passes to
the surviving spouse, and only that heir must sign.
• Vehicle owner follows spouse in death and is survived only by their children;
therefore, the property is distributed to the surviving children, and each must sign as
an heir.
• Vehicle owner dies, and the surviving spouse is not the mother or father of the
decedent’s surviving children; therefore, one-half of the estate passes to the surviving
spouse and the other one-half passes to the surviving children. All must sign as heirs.
Note: Children legally adopted by the deceased qualify for these procedures.
Note: If there is only one surviving heir, the heir must complete the Form VTR-262.
Execution by power of attorney is not acceptable.
Note: The deceased owner’s death certificate is not required and should not be
requested to transfer ownership when Form VTR-262 is submitted.
Affidavit by all Heirs
If a vehicle is being transferred, an Affidavit of Heirship for a Motor Vehicle, Form
VTR-262, should be completed marking either no will left or no application for
administration has been filed or no administration is necessary; or a will was left and a
court has determined that no administration is necessary. If an heirship affidavit is used
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Estates of Decedents
when a court has determined that no administration is necessary, the heirs must attach the
original or certified copy of the court document indicating no administration of the will is
necessary and the portions of the will which specify that the will is in the deceased
owner’s name and indicates the name(s) of the heir(s).
An affidavit of all heir(s) giving all facts as mentioned above is acceptable instead of a
Form VTR-262. If the affidavit does not describe the vehicle, it may be accepted
provided title can be established in the name of the deceased; however, if the description is
not shown in the affidavit and ownership of the vehicle is being transferred, the assigned
title or a bill of sale describing the vehicle must be attached.
If an affidavit of heirship does not specify the name that the vehicle titles in, then all
heir(s) must either assign the title or furnish a power of attorney for some person to assign
it for them.
If all the heir(s) cannot appear before one notary public on the same date, separate
acknowledgments may be taken and attached to the form.
A Texas licensed dealer may reassign a title when the title is assigned to the dealer. If the
dealer is designated as the purchaser on an heirship affidavit, the dealer may assign the
title or use Form VTR-41-A.
An heirship affidavit is used to transfer a vehicle when an estate has been closed by the
court and the executor or administrator has been discharged.
When an heirship affidavit is used to transfer a vehicle when a minor heir is involved,
guardianship papers must be attached.
If the lienholder recorded on a title is deceased and the estate has not been probated and
there is no need for administration on the estate, but a release of lien or a certified copy of
title (CCO) is required, an affidavit of heirship can be executed by the heir(s) instead of a
release of lien, provided the Affidavit of Heirship for a Motor Vehicle, Form VTR-262 is
marked “issued free and clear of liens”. This form may be submitted with an Application
for a Certified Copy of Title, Form VTR-34, to request a certified copy original title; and
it may be submitted with a title application as a release of lien.
Affidavit of Heirship(s) by Disinterested Person(s)
When a person dies intestate (without a will), no application for administration has been
filed, and there is no necessity for administration, then an Affidavit of Heirship for a Motor
Vehicle, Form VTR-262, completed by a disinterested person or persons is acceptable.
The heirship affidavit must state that:
• the vehicle owner of record is deceased
• the deceased left no will
• there was no administration upon the estate and no administration is necessary
• that the heir(s) named are all the heir(s) at law.
However, a disinterested person cannot name the person the title issues to. Only the
surviving heir(s) may do this. If an affidavit of heirship by a disinterested person or
persons is used, all heir(s) must execute a transfer of ownership or grant a power of
attorney authorizing a specific person to execute the transfer for them. Transfer of
ownership may be by assignment of title or by separate bill of sale.
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Trusts
Minor Heirs
No person may sign for a minor heir without being appointed (by the county court)
guardian of the estate of such minor. The guardian of a minor continues in office unless
discharged according to law until the minor dies, becomes eighteen (18) years of age, or
marries. A guardian signing for the estate of a minor should show the word “guardian”
adjacent to their signature or show the name of the minor immediately above their
countersignature or both. Evidence of the appointment as guardian of the minor's estate
should be attached to any document signed by the guardian.
If no inheritance is involved and title is desired in the name of a minor, then the name of
owner should be shown. For example, John Doe, Jr. (minor) and the signature of owner:
John Smith (guardian).
When there is an inheritance involved, only a legally appointed guardian may sign for a
minor heir’s estate unless written authorization from the court is attached. A minor may
sign for himself provided no inheritance is involved.
Small Estates [Estates Code 205]
Distribution of “Small Estates” may be made by affidavit by the distributee of the estate
under certain conditions if no petition for the appointment of a personal representative is
pending or has been granted, more than 30 days has elapsed since the death of the
decedent, and the value of the entire assets of the estate does not exceed an amount set by
statute. Such affidavit must be approved by the judge having jurisdiction and recorded in
the “Small Estates” records by the clerk of the court. A copy of the affidavit, certified by
the court clerk, must accompany the title transaction. The application for title must be in
the names of the distributee, as shown on the affidavit; or the distributee may execute an
assignment and designate to who title will issue. If a distributee is a minor, the court must
designate someone to sign for the minor; in which case, guardianship papers or written
authorization from the court must be attached.
Note: A decedent whose assets do not warrant the minimum eligibility under the
Small Estates statute must follow the Affidavit by all Heirs procedure.
16.5 Trusts
Titles may indicate that the vehicle is covered by a trust agreement. The most common
term is the notation of “Living Trust.” Generally, the purpose of such a trust is to avoid
probate on the assets placed in the trust. Legal title to the assets is transferred to the trust,
but the beneficiaries of the trust may have the use of those assets during the life of the
trust. One of those beneficiaries may be the trustee. Typically, upon the death of the
trustee(s), the trust terminates, and the assets of the trust pass to the beneficiaries (known
as “remaindermen”).
In some cases, upon the death of the original trustee, the trust agreement may provide that
a successor trustee distribute the assets of the trust to the beneficiaries. Distribution of the
assets by the successor trustee terminates the trust.
Transferring a Title to a Trust
The procedure for transferring a title to a trust is as follows:
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Bankruptcies
1.
The assignment of title on the current title must be completed to transfer the vehicle to
the trust. The name of the purchaser on the assignment should be the name of the trust
that is to be recorded on the title. For example, if the title is in the name of John and
Mary Doe and title is to be issued in the name of John and Mary Doe Living Trust,
John and Mary Doe should execute the assignment of title and show the purchaser as
John and Mary Doe Living Trust.
2.
The trustee must sign an application for title in the name of the trust as shown on the
title assignment. The properly assigned title must be surrendered with the application
when it is filed with the County Tax Assessor-Collector’s office and a properly
completed original or certified copy of an Affidavit of Trust or a Statement of Fact for
a Trust.
3.
The name of the owner on the title application should be the same as the name of
purchaser as shown on the title assignment. In this example, the name would be the
John and Mary Doe Living Trust.
Transferring a Title from a Trust
The procedure for transferring a vehicle out of a trust is as follows:
1. When a vehicle that is titled in the name of a trust is transferred, the assignment of title
must be completed by the trustee or by a properly appointed successor trustee. A
properly completed original or certified copy of the Affidavit of Trust or a Statement
of Fact for a Trust must be filed with the title transaction.
2.
If the successor trustee executes the assignment of title due to the death of the trustee,
a copy of the trustee's death certificate must accompany the documents referred to in
step 1 above.
3.
If the trustee is alive but unable to act, and the trust agreement makes no provision for
the resignation of the trustee and the designation of a successor trustee, then a court
(usually a district court) must be petitioned to appoint a successor trustee. If the court
appoints a successor trustee, the court issues an order to that effect. A certified copy of
the order must accompany the documents referred to in step1 above.
4.
If no successor trustee is named, the beneficiary receives the assets of the trust. The
documents referred to in step1 above and the trustee's death certificate must
accompany the application for title. The application for title must be in the name of the
beneficiary. The title does not need to be assigned.
16.6 Bankruptcies
Bankruptcy is a legal procedure for dealing with debt problems of individuals and
businesses; specifically, a case filed under one of the chapters of title 11 of the United
States Code (the Bankruptcy Code). Bankruptcy laws help people who can no longer pay
their creditors get a fresh start by liquidating their assets to pay their debts, or by creating
a repayment plan.
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Bankruptcies
A Trustee is a representative of the bankruptcy estate who exercises statutory powers,
principally for the benefit of the unsecured creditors, under the general supervision of the
court and the direct supervision of the U.S. trustee or bankruptcy administrator. The
trustee's responsibilities include reviewing the debtor's petition and schedules and
bringing actions against creditors or the debtor to recover property of the bankruptcy
estate. The trustee liquidates property of the estate and makes distributions to creditors.
Any person signing as a “Trustee In Bankruptcy” on a title application or a title
assignment must attach verification from the U.S. Bankruptcy Court that the individual
has been appointed trustee. The evidence of appointment should support an assignment of
title or bill of sale by the trustee or receiver in bankruptcy.
If the ownership of the vehicle has been established as a matter of Texas record in the
name of the bankrupt, the title does not have to be surrendered with an application to
transfer title. However, if ownership of the vehicle is from out-of-state, the title or current
verification of title must be attached.
Recorded Lien
A release of any recorded lien must be submitted in support of the application if the title is
not surrendered or if the lienholder's name cannot be tied in to the bankruptcy
proceedings. A release of lien is not required if the lienholder is recorded as a secured
creditor and part of the Bankruptcy proceedings.
Receivership
Receivership is a type of bankruptcy a company enters into when a receiver is appointed
by bankruptcy courts or creditors to run the company. The responsibility of the receiver is
to ensure as much debt is paid back to creditors as possible. Often receivers find that the
best way to pay back loans is to liquidate the company's assets.
Like an “administrator of an estate” and a “trustee in bankruptcy,” a receiver is under bond
for the protection of those interested in the property in receivership against unlawful acts
of the receiver. An order of sale from the court is not required to apply for title (Refer to
Judicial Sale), but an order of the court verifying the appointment of the receiver is
necessary (written verification by the county clerk is acceptable). The order of
appointment usually describes the property to be taken into the receiver's possession.
Ordinarily, the sale of a vehicle involved in receivership is performed by the receiver; but
the sheriff may also sell the vehicle when ordered by the court. In this case, the purchaser
must acquire a sheriff's bill of sale to apply for title. If a lien is recorded on the title, a
release of that lien must be attached to any new application unless the court has ordered
that the vehicle be sold free of lien and, if so, a copy of the order must be attached. If the
title is not in the name of the person, company, firm, or corporation whose property is in
receivership, then the title should be assigned to them.
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Bank Liquidations
16.7 Bank Liquidations
When the Federal Deposit Insurance Corporation (FDIC) or Deposit Insurance Fund
(DIF) liquidates a bank or savings and loan association, the FDIC or DIF may sign as
“successor to” a bank or savings and loan association on any release of lien, Application
for a Certified Copy of Title, Form VTR-34, or repossession affidavit. No evidence of
authority is required to accompany the document.
Repossessions
When liquidating a bank or savings and loan association, the Federal Deposit Insurance
Corporation (FDIC) or Deposit Insurance Fund (DIF) may sign as “successor to” on any
repossession affidavit such as an Affidavit for Repossessed Motor Vehicle, Form
VTR-264, on a release of lien such as the Prescribed Form for Release of Lien, Form
VTR-266, or on an Application for a Certified Copy of Title, Form VTR-34.
16.8 Repossessions
A repossession is a foreclosure by a lienholder under the terms of a lien against a motor
vehicle, house trailer, trailer, or semitrailer. The department should never advise anyone
that a repossession can or cannot be made. Texas titles laws regarding repossessions are
applicable only after the lienholder has foreclosed on the lien and repossessed the vehicle.
In some situations, it is necessary for a lienholder to file suit in court to foreclose its lien.
Required Evidence
The following evidence should support an application for certificate of title resulting from
a repossession:
• Texas Titles Evidence
• Out-of-state Evidence
• “Floor Plan” Lien Evidence
• Repossession Affidavit Evidence
Texas Titles Evidence
A repossession affidavit as prescribed by the department, Affidavit for Repossessed Motor
Vehicle, Form VTR-264, or a notarized document with the same information as shown on
the Form VTR-264 must be completed by the lienholder or an authorized agent of the
lienholder. If an agent is signing for an individual or a deceased person, evidence of that
authority (power of attorney, letters testamentary, etc.) must be attached.
The original (or certified copy) title recording the lien and in the name of the person from
whom the repossession was made must be assigned by the lienholder to a subsequent
purchaser. No assignment of title is necessary if the title issues in the lienholder’s name.
If the latest title is not in the name of the person from whom the repossession was made,
the title must be assigned to that person, and either an application filed in their name
recording the lien, or a certified copy of the security agreement attached. The lienholder
(dealers included) must title in their name before transferring to a subsequent purchaser.
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Repossessions
If the lien is not recorded on the latest Texas title, the a copy of the security agreement
must be attached and the vehicle must be titled in the name of the person from whom the
repossession was made. The title is not required provided a verification of title record is
presented. Lienholders (dealers included) must secure title in their name when
repossession is made from a security agreement only on Texas titled vehicles.
A copy of the current registration receipt must be attached to the title transaction. A
recorded lienholder may repossess and transfer an unregistered vehicle; however, the
vehicle must be registered when the purchaser files application for title, if applicable.
Valid proof of financial responsibility is required.
Note: A “Title Only” transaction is not acceptable.
Out-of-state Evidence
A vehicle last titled out-of-state, can be repossessed and titled in Texas only under certain
conditions. The out-of-state title has to be in the name of, or assigned to, the person from
whom the repossession is made. The out-of-state lienholder may assign the title to transfer
ownership.
A Texas lienholder recorded on an out-of-state title can assign the title; otherwise, the
Texas lienholder must title in their name (same as unrecorded lien) before further transfer
can be made.
The negotiable out-of-state evidence of ownership in the name of, or assigned to, the
person from whom the repossession is made must be surrendered in support of the
application. If the title or registration receipt (if from a non-title state) is not surrendered,
the lienholder must repossess out-of-state and obtain a title or registration receipt in the
lienholder’s name from that state before transfer in Texas.
If the lienholder is unable to obtain the negotiable out-of-state evidence of ownership,
written verification is required from the out-of-state authorities that indicates the recorded
owner is either the lienholder or the person from whom the repossession is made and that
state does not issue a title or registration receipt (if from a non-title state).
In addition to the above requirements, the following evidence must be attached to the
application for Texas title:
• Properly assigned out-of-state title or current registration receipt (as stated above).
• Repossession affidavit, either on the Affidavit for Repossessed Motor Vehicle, Form
VTR-264, a notarized document with the same information, or a prescribed
repossession affidavit from the state in which the vehicle was last registered.
• An Out-of-state Identification Certificate, Form VI-30.
• A weight certificate for a commercial vehicle as explained in Chapter 10, “Evidence
of Ownership”.
• Valid proof of financial responsibility for the vehicle in the applicant's name.
Note: When processing a title transfer involving a repossession the following should
be selected as surrendered ownership evidence in RTS:
•
“Repossession” when a verification of the title record is being used; or
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Repossessions
•
“Texas Title”/“Out-of-State Title,” as applicable, when those are
submitted instead of the verification.
“Floor Plan” Lien Evidence
If the dealer is in default under the terms of the security agreement, the lienholder may
repossess and transfer ownership without securing title in the lienholder’s name. The
following must support an application for title in the name of the purchaser:
• Manufacturer's Certificate of Origin or a certificate of title assigned to the dealership
and reassigned to the purchaser by the lienholder.
• Affidavit for Repossessed Motor Vehicle, Form VTR-264.
• Photocopy of the security agreement or Secretary of State's Financing Statement,
Form UCC1.
Note: (This type of agreement generally covers all vehicles in a dealer's inventory
and does not list individual vehicle identification numbers. Whether or not
the security agreement has been filed with the Secretary of State does not
affect the foreclosure procedure.)
•
Valid proof of financial responsibility for the vehicle in the applicant's name.
Note: “Title Only” transactions should not be accepted under this repossession.
Repossession Affidavit Evidence
Any indication of “repossession” in a transaction requires that the application be
supported by a repossession affidavit.
Judicial Sale/Writs of Sequestration
See Judicial Sale and Writs of Sequestration.
Cosigners
When the cosigner of a note on a motor vehicle pays off the note and title is released to
him by the lienholder, the following evidence is required if the owner does not assign the
title to the cosigner:
• Assignment of the note transferring it from the lienholder to the cosigner. The cosigner
may then follow repossession procedures; or
• Obtain a court order awarding title to the cosigner.
Repossession Affidavits
When a lienholder (an individual) repossesses, the repossession affidavit must be signed
by the individual, unless a current dealer number appears adjacent to the name. If no
dealer number is apparent, a power of attorney must be attached for an agent to sign.
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Judicial Sale
16.9 Judicial Sale
A judicial sale is one by order, decree, or judgment of any court directing a sheriff or
constable to sell at public sale property of a defendant, the proceeds of which to be
returned by said sheriff or constable to the court or to the plaintiff as the order may direct.
A sheriff or constable cannot sell a vehicle at public sale without an order by a court of
competent jurisdiction except under authority of the Texas Abandoned Motor Vehicle
Act. Refer to Chapter 22, “Abandoned Vehicles”).
A sheriff's or constable's bill of sale (usually a printed form) is not always sufficient
evidence for a purchaser to obtain a title. The bill of sale should:
• refer to the court and court order number
• correctly describe the property being sold
• provide the names of the parties to the suit, and
• provide the name and address of the purchaser as explained under the subject of
receivership above, the owner and lienholder as recorded on the current title must be
shown on the bill of sale or court order as a party to the suit or the title must be
properly assigned and attached to the title application. If a lien is recorded on the
outstanding title, a release of the lien must be attached.
A copy of the court order authorizing the sale of a vehicle should be required if the
sheriff's or constable's bill of sale does not furnish sufficient information as outlined
above, especially if the parties to the suit do not “tie in” with the owner and/or lienholder
as recorded on the current title. In addition, if there is no record of Texas title, a copy of
the court order is required. If the vehicle was last registered out-of-state, an Out-of-state
Identification Certificate, Form VI-30, and verification of title and lien information from
the out-of-state motor vehicle authorities are required.
The purchaser, shown on a judicial bill of sale, must title in their name before transferring
ownership, unless the purchaser is a Texas licensed dealer in which case the dealer may
transfer the vehicle by executing the Dealer’s Reassignment of Title for a Motor Vehicle,
Form VTR-41-A.
When a judgment has been awarded in favor of a plaintiff, the court may issue a Writ of
Execution directing a sheriff or constable to sell property belonging to the defendant to
satisfy the judgment. A title transaction supported by a Writ of Execution must also be
supported by a sheriff's or constable's bill of sale, which meets the requirements outlined
above.
An involuntary divestiture of ownership occurring out-of-state or Country is governed by
the laws of the state or Country in which it occurred; consequently, title should be cleared
out-of-state/country before the vehicle may be registered and titled in Texas.
Writs of Sequestration
A court may issue a Writ of Sequestration directing a sheriff or constable to seize property
for the foreclosure of a mortgage or the enforcement of a lien. A title transaction supported
by a Writ of Sequestration must also be supported by a sheriff's or constable's bill of sale.
The purchaser as shown on the Sheriff's Bill of Sale must title in their name except:
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•
When the purchaser is a dealer, the dealer may use a Dealer’s Reassignment of Title
for a Motor Vehicle, Form VTR-41-A, or assign the title.
• When the purchaser is the recorded lienholder, the lienholder may transfer ownership
by assigning the title.
If a Sheriff's Bill of Sale is attached to an application for title, a repossession affidavit is
not required because all writs of sequestration are not issued as a result of a suit being filed
for the foreclosure of a mortgage.
On an out-of-state repossession by sequestration, a copy of the security agreement is not
required. The out-of-state title (or registration receipt, if from a non title state), the
repossession affidavit, the Out-of-State Identification Certificate, Form VI-30, and the
Sheriff's Bill of Sale is sufficient evidence to support the application for Texas title.
16.10 Seized and Forfeited Vehicles
If a state or federal law provides that upon commission of a certain act a “vehicle shall be
forfeited” then the ownership of the vehicle transfers to the government. Under State law
(Code of Criminal Procedure, Chapter 59), a vehicle seized and forfeited may be disposed
(sold, transferred) after the final judgment of forfeiture. All forfeited property is
administered by the attorney representing the state, acting as the agent of the state, in
accordance with accepted accounting practices and with the provisions of any local
agreement entered into between the attorney representing the state and law enforcement
agencies.
If a local agreement has not been executed, the property is sold after the date of the final
judgment of forfeiture at public auction under the direction of the county sheriff, after
notice of public auction as provided by law for other sheriff's sales.
Proof of Safety Requirements
Proof of compliance with all U.S. safety standards must be filed with the title application
for any motor vehicle with a non-USA vehicle identification number that has been seized
or forfeited. Such proof may consist of:
• A DOT Form HS-7, which indicates that the vehicle complies with all applicable U.S.
safety standards and may be titled;
• A Bond Release Letter from the National Highway Traffic Safety Administration
(NHTSA) indicating the vehicle has been brought into compliance with all applicable
U.S. safety standards and may be titled;
• Verification from a TxDMV Regional Service Center that a DOT Safety Certification
Label is affixed to the vehicle;
• Verification (on letterhead) from the manufacturer that the vehicle was manufactured
to meet NHTSA safety specifications (vehicle identification number must be shown);
or
• Proof that the vehicle was previously titled in another state and therefore, proof of
compliance with all applicable U.S. safety standards has been provided.
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Seized and Forfeited Vehicles
If a forfeited or seized vehicle is awarded by the courts to a law enforcement agency for
their use and the vehicle information indicates the vehicle does not conform to U.S. Safety
Standards (i.e., has a non-USA vehicle identification number) the department issues a
non-negotiable Registration Purposes Only (RPO) receipt in the name of the law
enforcement agency and marks the vehicle record “DOT PROOF REQUIRED.”
Note: These vehicles may not be sold or titled in the United States until sufficient
evidence is presented to verify that the vehicle meets or has been brought into
compliance with all applicable U.S. safety standards.
Contraband Laws
Under Federal Law, a vehicle used to transport narcotics, firearms, or counterfeit money
in violation of the contraband laws may be seized by an officer or agent of the United
States Government and the vehicle disposed of according to law.
State laws also provide for the seizure and forfeiture of vehicles to the State of Texas
when such vehicles are used in the transportation of contraband narcotics in violation of
provisions of the Texas Controlled Substances Act (Health & Safety Code, Title 6,
Chapter 481).
• Motor vehicles seized because of a contraband violation may be disposed of by
agencies of the federal government on a U. S. Marshal's Bill of Sale.
• The Texas Alcoholic Beverage Commission and the Narcotics Service of the Texas
Department of Public Safety, Criminal Investigations Division, have the legal
authority to seize motor vehicles carrying contraband and may dispose of these motor
vehicles at a public sale by order of court.
Seizure and Sale by Comptroller
Chapter 111 of the Tax Code provides for the State Comptroller to seize and sell the
property of a person who is delinquent in the payment of their taxes. When a motor
vehicle is sold in accordance with this statute, the Comptroller furnishes the purchaser
with a bill of sale. The bill of sale should describe the vehicle and the authority under
which the vehicle was sold. This bill of sale is acceptable in place of an assigned
certificate of title when the purchaser files the application for certificate of title; however,
if there is a lien recorded against the vehicle, a release of lien must also accompany the
application for title.
Seizure and Sale by Texas Alcoholic Beverage Commission
Any vehicle used for the transportation of any illicit beverage may be seized without
warrant by any representative of the Texas Alcoholic Beverage Commission or any peace
officer who arrests any person involved in the violation. In a suit for forfeiture of the
vehicle, if the court finds the state has proved its case, the court may render judgment
forfeiting the vehicle to the State and the vehicle may be sold at public or private sale.
When the vehicle is sold, a sheriff's or constable's bill of sale or a bill of sale signed by an
agent of the commission is sufficient evidence to support an application for title (no
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U.S. Bill of Sale
release of lien required). If the State fails to prove that an owner or lienholder knowingly
violated some provision of the code, then the court hearing the forfeiture suit may render
judgment delivering possession of the vehicle to the party with the highest priority to
possession of the vehicle.
Liquor Laws
Every vehicle used in the transportation of liquor in violation of the Internal Revenue Law
may be “seized and forfeited” and the vehicle disposed of according to law.
Customs Laws
Any vehicle seized under the provisions of the customs laws may be disposed of
according to law.
16.11 U.S. Bill of Sale
Any vehicle sold under forfeiture proceedings, which meets U.S. safety standards, may be
titled in this State by the purchaser who must file an application for title supported by a
bill of sale from the respective United States Government Officer or Agent (such as a U.S.
Marshal or an agent of the U.S. Treasury Dept.). The purchaser must apply for title in their
name before selling the vehicle unless the purchaser is a licensed dealer, in which case the
dealer may use a Form VTR-41-A to reassign.
Any recorded lienholder interested in a motor vehicle seized under the provisions of the
above paragraphs should contact the respective U.S. Government Agency relative to filing
a claim as provided for by law; however, the filing of a claim would not affect the validity
of any sale accomplished under forfeiture proceedings; and a release of lien is not required
except in the case of Income Tax Liens.
16.12 Change of Name (Texas Family Code - Chapter 45)
Any adult may file a petition in court in the county of their residence requesting a name
change and the court may order a change of name. If a title has been issued in the original
name, an application for corrected title should be filed to record the changed name. The
original title and a certified copy of the order or decree should be attached. Name changes
due to marriage do not require a court order and may be corrected by indicating the new
name on the Form 130-U when filing for a corrected title.
16.13 Divorce Suits
On the final disposition of a divorce suit (or annulment), the court may enter a decree
changing the name of either party requesting a name change. An application for corrected
title may be filed to correct the name on the title. A copy of the decree is suggested but not
required. A statement explaining the name change is sufficient. If the ownership of a
vehicle is transferred by the decree from the husband to the wife, or vice versa, an
application for transfer of title must be filed and a certified copy of the divorce decree
attached.
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Judgments and Decrees
Note: Due to the personal and confidential nature of divorce decrees, copies of the
front page, page that describes the vehicle and confers ownership, and the
signature page are required to be made of the certified copy.
•
•
•
•
•
•
The Texas title is not required.
If the vehicle was last titled in another state, the out-of-state title or verification of title
and registration is required. If the applicant is unable to obtain the title or verification
from the state in which the vehicle was last titled, the options available to obtain Texas
title are as follows:
• Pursue a “Bonded” title, if they meet the requirements set out in Transportation
Code Section 501.053;
• Obtain title in the other state, prior to transferring to Texas; or
• Pursue litigation through a court of competent jurisdiction.
If the title record shows a lien, a release of the lien must be attached to the application.
If the lien is carried forward to the new application, the title must be attached.
The divorce decree should adequately describe the vehicle and the vehicle title record
must be in the name of the husband or wife. The person awarded the vehicle is not
required to title in his or her name before transferring ownership. If the vehicle is sold,
the certificate of title should be assigned to the purchaser with a copy of the divorce
decree. However, a Bill of Sale is acceptable when the title is not available.
Some divorce decrees state that each party shall retain the personal property currently
in his or her possession. For example, if the vehicle is titled in the husband's name, but
is in the possession of the wife, the outstanding certificate of title must be properly
assigned to her; or a copy of the property settlement agreement, which is filed with the
court, must be attached verifying that she has possession of the vehicle.
A property settlement agreement between husband and wife is not acceptable by itself
without certified copy of the divorce decree.
16.14 Judgments and Decrees
In any civil case, a judgment or decree issued by a Texas court is sufficient evidence for
the issuance of a new title, provided:
• The department was made a party to the suit (named as a defendant).
• If there is a recorded lien and the lienholder was made a party to the suit, the title and a
release of the lien is not necessary.
• If the recorded lienholder was not a party to the suit, a release of the lien is required or
the judgement award the vehicle free and clear of all liens.
• A judgment or decree must be the original or Certified as a true and correct copy on
file with the County or District Clerk.
Note: An original or certified copy of a divorce decree is acceptable with an
electronic judge’s signature, if it contains a statement or stamp that the
original is signed by the judge or was signed electronically.
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Judicial Declaration of Incompetence
16.15 Judicial Declaration of Incompetence
If a husband or wife has been judicially declared to be incompetent, the other spouse may
dispose of community property. A copy of the court order must be attached to a
transaction to support the authority of the competent spouse.
16.16 Rights of Survivorship Agreement for a Motor Vehicle
See Chapter 17, “Rights of Survivorship”.
16.17 Texas Uniform Gifts or Transfers to Minors Act
The following procedure applies when the title holder is transferring a gift to a minor
under this Act:
• The title must show the name of custodian, for example,
Vicki Stevens Custodian for Stacey Smith under T.U.G.M.A. or T.U.T.M.A.
• The custodian named in the title assignment must complete the application for title.
• The name of owner on the application may not exceed the space limitations available
for the name of owner (two 30 character print lines).
• When the title is assigned VTR requires no authorization for the custodian to sign
documents relating to the title transaction.
• After title has been issued, the custodian named on the title must accomplish a title
transfer involving this vehicle unless there is a court order appointing someone else to
act as custodian for the minor.
16.18 Judicial Orders
Transportation Code Section 501.0521
(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.
(b) A county or district court judge may not order the department to change the type of
title for:
(1) a nonrepairable vehicle titled after September 1, 2003; or
(2) a vehicle for which the department has issued a certificate of authority under
Section 683.054.
Justice of the Peace (JP) or Municipal Judge Order
When a JP or Municipal Judge holds an examining trial to determine the proper
disposition of property, which has been alleged as stolen, the JP or Municipal Judge may
issue an order to release the property to the person determined to be the rightful owner.
However, any order from a JP or Municipal Judge in this situation must specify that the
order confers ownership, not just possession, of the vehicle, before it may be titled.
A JP or Municipal Judge Order issued in accordance with Article 47.01, Code of Criminal
Procedures, ordering a vehicle delivered to a government agency is acceptable for that
agency to obtain a certificate of title and Exempt license plates.
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Judicial Orders
County or District Court Judge Order
A county or district court judge may award ownership of a vehicle. The order must confer
ownership, not just possession, of the vehicle, before it may be titled. A county or district
court judge may not order the Department to change the type of title for a Nonrepairable
Title issued after September 1, 2003 or for a vehicle which was issued a Certificate of
Authority.
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Chapter 17
RIGHTS OF SURVIVORSHIP
This chapter contains the following sections:
• 17.1 Rights of Survivorship Agreement
• 17.2 Rights of Survivorship Agreement Between a Husband and Wife
• 17.3 Corrected Title to Add Rights of Survivorship
• 17.4 Survivorship Rights remark not Shown on the Title
• 17.5 Persons That are Not Married
• 17.6 Includes a Married Person but not Their Spouse
• 17.7 Title Does Not Show Rights of Survivorship
• 17.8 Includes the Seller of the Vehicle
• 17.9 Rights of Survivorship Agreement Represents Joint Ownership
• 17.10 Rights of Survivorship Agreement Signed in Error
• 17.11 Revoking the Rights of Survivorship Agreement
• 17.12 Certificate of Title Requirements for the Survivor(s)
• 17.13 Entry of Rights of Survivorship into RTS
17.1 Rights of Survivorship Agreement
Transportation Code Section 501.031
(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
(2) provides for the acknowledgment by signature, either electronically or by
hand, of the persons.
(b) If the vehicle is registered in the name of one or more of the persons who
acknowledged the agreement, the title may contain a:
(1) rights of survivorship agreement acknowledged by all the persons; or
(2) remark if a rights of survivorship agreement is on file with the department.
(c) Ownership of the vehicle may be transferred only:
(1) by all the persons acting jointly, if all the persons are alive; or
(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.
(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.
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Rights of Survivorship Agreement Between a Husband and Wife
(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
(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.
(f) The department may develop an optional electronic rights of survivorship
agreement for public use.
Transportation Code, §501.031 provides for two or more eligible persons to enter into a
rights of survivorship agreement and is not restricted to a husband and wife. A vehicle
does not need to be titled in the names of all the persons in the rights of survivorship
agreement, however all persons listed on the title and as survivors are considered joint
owners.
Note: A POA may not be used to sign a rights of survivorship agreement.
Notarized Affidavits
Acknowledgements by county personnel, including deputized full-service offices, are
acceptable in place of notarized documents.
Death Certificate
Upon the death of one or more of the persons named in a rights of survivorship agreement,
a copy of the deceased person(s) death certificate must always accompany the application
for certificate of title.
Note: A certified copy of the death certificate is not required.
17.2 Rights of Survivorship Agreement Between a Husband
and Wife
A husband and wife do not have to provide or submit any type of documentation to verify
that they are married.
Application for a certificate of title
When a husband and/or wife purchases a used or new vehicle and wants the certificate of
title to show the Survivorship Rights remark, the husband and wife may complete the
Rights of Survivorship Ownership Agreement for a Motor Vehicle, Form VTR-122, and
attach it to the application for certificate of title. The certificate of title issues showing a
Survivorship Rights remark and upon the death of the husband or wife, the surviving
spouse does not need a separate rights of survivorship form.
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Corrected Title to Add Rights of Survivorship
17.3 Corrected Title to Add Rights of Survivorship
If the original certificate of title does not have a Survivorship Rights remark, and the
husband and wife wants the remark printed on the certificate of title, they may apply for a
corrected certificate of title. A Form VTR-122 may be completed and attached to the
application for corrected certificate of title. The certificate of title issues showing a
Survivorship Rights remark and upon the death of the husband or wife, the surviving
spouse does not need a separate rights of survivorship form.
17.4 Survivorship Rights remark not Shown on the Title
Agreement on the Face of the Certificate of Title
If the existing certificate of title issued in the husband and/or wife’s name was not issued
with a Survivorship Rights remark, the husband and wife may execute the rights of
survivorship agreement and retain the certificate of title until the death of either
necessitates the issuance of a corrected certificate of title (if in both names) or a transfer of
certificate of title (if titled only in name of deceased spouse). The certificate of title and a
copy of the death certificate must accompany the application for certificate of title.
Agreements Retained in Personal Records
A husband and wife also have the option of completing a Rights of Survivorship
Ownership Agreement for a Motor Vehicle, Form VTR-122, and retaining it in their
records until the death of the husband or wife necessitates the transfer of title.
Certificate of Title in Both Husband and Wife’s Name
The surviving spouse may apply for a corrected certificate of title to remove the deceased
spouse’s name. The certificate of title, rights of survivorship agreement and a copy of the
death certificate must accompany the application for certificate of title.
Certificate of Title in Either Husband or Wife’s Name
If the certificate of title is not in the name of the surviving spouse, the surviving spouse
may apply for a certificate of title in their name. The certificate of title, rights of
survivorship agreement and a copy of the death certificate must accompany the
application for certificate of title.
17.5 Persons That are Not Married
Rights of survivorship agreements that indicate, or specify, “husband and wife” may not
be used when the rights of survivorship agreement is between persons that are not married.
Title Shows Survivorship Rights
If two or more persons that are not married wish to enter into a rights of survivorship
agreement and want the certificate of title to show the Survivorship Rights remark, they
must complete a Form VTR-122 and attach it to the application for a certificate of title or
corrected certificate of title. The persons must also attest to their unmarried status by a
notarized affidavit. A certificate of title issues showing a Survivorship Rights remark.
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Includes a Married Person but not Their Spouse
•
•
Upon the death of one or more of the persons named in the rights of survivorship
agreement, a new certificate of title issues to the surviving person or persons or the
surviving person or person’s transferee upon an application for certificate of title
completed by the survivor or survivors. A transferee could be a licensed motor vehicle
dealer.
The certificate of title and a copy of the death certificate must accompany the
application for certificate of title.
Title Does Not Show Survivorship Rights
If two or more persons that are not married wish to enter into a rights of survivorship
agreement and do not want the certificate of title to show the Survivorship Rights remark,
they may execute a Rights of Survivorship Ownership Agreement for a Motor Vehicle,
Form VTR-122, and a notarized affidavit that attests to their unmarried status and retain
the document(s) in their records until the death of one or more of the persons necessitates
the transfer of certificate of title.
• Upon the death of one or more of the persons named in the rights of survivorship
agreement, a new certificate of title issues to the surviving person or persons upon an
application for certificate of title completed by the survivor or survivors.
• The certificate of title, rights of survivorship agreement, affidavit that attests to the
unmarried status, and a copy of the death certificate must accompany the application
for certificate of title.
If two or more persons that are not married wish to enter into a rights of survivorship
agreement and do not want the certificate of title to show the Survivorship Rights remark,
they may execute the rights of survivorship agreement on the face of the certificate of title
and a notarized affidavit that attests to their unmarried status and retain the documents
until the death of one or more of the persons necessitates the transfer of certificate of title.
• Upon the death of one or more of the persons named in the rights of survivorship
agreement, a new certificate of title issues to the surviving person or persons or the
surviving person or person’s transferee upon an application for certificate of title
completed by the survivor or survivors.
• The certificate of title, affidavit that attests to the unmarried status, and a copy of the
death certificate must accompany the application for certificate of title.
17.6 Includes a Married Person but not Their Spouse
If a person enters into a rights of survivorship agreement with a person that is married to
someone not shown on the rights of survivorship agreement and they want the certificate
of title to show the Survivorship Rights remark, they must complete a Form VTR-122 at
the time application for a certificate of title or corrected certificate of title is made.
Additionally, any married person must provide a notarized affidavit from their spouse
(who is not shown on the rights of survivorship agreement) which attests that they have no
interest in the motor vehicle and that the motor vehicle is their spouse’s (who is signing
the rights of survivorship agreement) separate property.
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Title Does Not Show Rights of Survivorship
•
•
Upon the death of one or more of the persons named in the rights of survivorship
agreement, a new certificate of title issues to the surviving person or persons or the
surviving person or person’s transferee upon an application for certificate of title
completed by the survivor or survivors.
The certificate of title and a copy of the death certificate must accompany the
application for certificate of title.
17.7 Title Does Not Show Rights of Survivorship
If a person enters into a rights of survivorship agreement with a person that is married to
someone not shown on the rights of survivorship agreement and they do not want the
certificate of title to show the Survivorship Rights remark, they may execute a rights of
survivorship agreement Form VTR-122 and a notarized affidavit from the spouse, who is
not shown on the rights of survivorship agreement, which attests that they have no interest
in the motor vehicle and that the motor vehicle is their spouse’s (who is signing the rights
of survivorship agreement) separate property.
• The document(s) must be retained until the death of one or more of the persons in the
rights of survivorship agreement necessitates the transfer of certificate of title in the
name of the survivor or survivors.
• The certificate of title, rights of survivorship agreement, notarized affidavit, and a
copy of the death certificate must accompany the application for certificate of title.
If a person enters into a rights of survivorship agreement with a person that is married to
someone not shown on the rights of survivorship agreement and they do not want the
certificate of title to show the Survivorship Rights remark, they may execute the rights of
survivorship agreement on the face of the certificate of title and obtain a notarized
affidavit from the spouse, who is not shown on the rights of survivorship agreement,
which attests that they have no interest in the motor vehicle and that the motor vehicle is
their spouse’s (who is signing the rights of survivorship agreement) separate property. The
document(s) must be retained until the death of one or more of the persons in the rights of
survivorship agreement necessitates the transfer of certificate of title.
• Upon the death of one or more of the persons named in the rights of survivorship
agreement, a new certificate of title issues to the surviving person or persons or the
surviving person or person’s transferee upon an application for certificate of title
completed by the survivor or survivors.
• The certificate of title, notarized affidavit, and a copy of the death certificate must
accompany the application for certificate of title.
17.8 Includes the Seller of the Vehicle
The seller of a vehicle may enter into a rights of survivorship agreement for the vehicle
being sold if the seller is related as the child, grandchild, parent, grandparent, brother, or
sister of each other person signing the rights of survivorship agreement. These
relationships include those established by adoption.
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Rights of Survivorship Agreement Represents Joint Ownership
17.9 Rights of Survivorship Agreement Represents Joint
Ownership
A motor vehicle is jointly owned when two or more persons execute a rights of
survivorship agreement, even if only one of them is the recorded owner (shown on the
certificate of title). Therefore, all persons shown in a rights of survivorship agreement
must act jointly when ownership is to be transferred. Likewise, a CCO application for a
jointly owned vehicle must include signatures of all persons shown in the rights of
survivorship agreement.
17.10 Rights of Survivorship Agreement Signed in Error
A statement of fact may be used to explain the error when the buyer or seller signs the
rights of survivorship statement on the Form 130-U or on the face of the certificate of title
in error.
17.11 Revoking the Rights of Survivorship Agreement
If the persons named in a rights of survivorship agreement wish to revoke their rights of
survivorship agreement, the certificate of title must be surrendered with a new application
for certificate of title and all the persons named in the rights of survivorship agreement
must execute the certificate of title assignment.
17.12 Certificate of Title Requirements for the Survivor(s)
Upon the death of one or more of the persons named in a rights of survivorship agreement,
a certificate of title issues to the survivor(s) or to the survivor(s)’ transferee upon
application with the County Tax Assessor-Collector and a copy of the deceased person’s
death certificate if:
• the rights of survivorship agreement is executed on the face of the certificate of title
• the certificate of title indicates the Survivorship Rights remark, or
• the rights of survivorship agreement is on file with the department (imaged records on
file with the department indicate that the Survivorship Rights remark should have been
shown on the certificate of title)
1. A copy of the deceased person’s death certificate must support the application for
certificate of title.
2.
If the rights of survivorship agreement is executed on the face of the certificate of title
and is between persons other than husband and wife, additional documentation is
required such as the affidavit attesting to unmarried status or the affidavit of
non-interest completed by the spouse not included in the rights of survivorship
agreement.
If the Rights of Survivorship Ownership Agreement for a Motor Vehicle, Form VTR-122,
was executed and retained only in personal records, the survivor(s) is required to apply for
certificate of title in their name.
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Entry of Rights of Survivorship into RTS
17.13 Entry of Rights of Survivorship into RTS
In April 2012, the ability to enter up to two names or select “Multiple Survivors,” when
there are more than two survivors, for individuals who enter into a Rights of Survivorship
Agreement, was added to the Registration and Title System (RTS).
Note: Up to two names or “Multiple Survivors” will print on the Certificate of Title
under the “Survivorship Rights” remark.
The following examples should be used as a guide when determining how to process the
entry of a rights of survivorship agreement in RTS. These examples apply regardless of
marital status.
When an application for Certificate of Title is presented and there are two owners who are
entering into a rights of survivorship agreement with one another, counties should enter
both names in the TTL010 screen. This is the only situation in which an owner’s name
would also be entered into the TTL010 screen to appear under the “Survivorship Rights”
remark.
Example 1:
Owner(s): John Doe, Jane Doe
Survivor(s): John Doe, Jane Doe
Situation: John and Jane are assigning ROS to one another.
RTS Entry: John Doe and Jane Doe are entered on screen TTL007 and again on TTL010.
When an application for Certificate of Title is presented, counties should only enter the
survivor name(s) listed on the ROS or check “Multiple Survivors” (if there are more than
two survivors) on TTL010. Since the owner’s name is already captured on the record
(TTL007) there is no need to repeat it in the ROS agreement.
Example 2:
Recorded Owner(s): John Doe
Survivor(s): Jane Doe
ROS Situation: John enters into ROS with Jane.
RTS Entry: John Doe is entered on TTL007. Jane Doe is entered on TTL010.
Example 3:
Recorded Owner(s): John Doe, Jane Doe
Survivor(s): Jack Doe
ROS Situation: John enters into ROS with Jack.
RTS Entry: John Doe and Jane Doe are entered on TTL007. Jack Doe is entered on
TTL010.
Example 4:
Recorded Owner(s): John Doe, Jane Doe
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Entry of Rights of Survivorship into RTS
Survivor(s): Jack Doe, Jim Doe
ROS Situation: John and Jane are entering into a ROS with Jack and Jim.
RTS Entry: John Doe and Jane Doe are entered on TTL007. Jack Doe and Jim Doe are
entered on TTL010.
Example 5:
Recorded Owner(s): John Doe, Jane Doe
Survivor(s): Jack Doe, Jim Doe
ROS Situation: John enters into ROS with Jack. Jane enters into ROS with Jim.
RTS Entry: John Doe and Jane Doe are entered on TTL007. Jack Doe and Jim Doe are
entered on TTL010.
Note: Certificate of Titles issued prior to April 2012 will only carry the Rights of
Survivorship or Survivorship Rights remark and not include the printed
names. Records that do not feature the printed names on the title or indicate
“Multiple Survivors” will need to verify the names of survivors through
TxDMV Regional Service Centers. (See Vehicle Record (History) in
Chapter 2, “Administration”)
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Chapter 18
OUT OF STATE REQUIREMENTS
This chapter contains the following sections:
• 18.1 Motor Vehicles Brought Into State
• 18.2 Requirement for Title
• 18.3 Evidence of Ownership
• 18.4 Electronic Lien and Title (ELT) System
• 18.5 VIN Inspection
• 18.6 Vehicles Not Subject to Inspection
• 18.7 Vehicles from Indian Reservations
• 18.8 Trailers and Semitrailers Last Registered or Titled Out of State
• 18.9 Apprehended Out Of State Vehicles
• 18.10 Out of State Miscellaneous
• 18.11 Certificate of Title Information for Each State
18.1 Motor Vehicles Brought Into State
Refer to Transportation Code Section 501.030.
18.2 Requirement for Title
A vehicle must be registered and titled in Texas if the owner establishes residency or
becomes gainfully employed in Texas. The vehicle may be operated with current
out-of-state license plates for 30 days.
A vehicle is not required to be registered and titled in Texas if the owner is a nonresident
member of the United States Armed Forces or a nonresident student attending an
accredited Texas college or university on a full-time basis. Part-time employment is
allowed. The vehicle must display valid license plates and remain currently registered at
all times.
A nonresident owner can transfer their vehicle in Texas under the laws of their home state
by assignment of the out-of-state title or, if from a “nontitle state”, by an assigned current
registration receipt or a bill of sale if the registration receipt does not contain a transfer of
ownership section. (The out-of-state registration receipt must reflect registration that is
current or that has been expired for six months or less.) This procedure is reciprocal since
a Texas resident can transfer their vehicle in any other state by assigning the back of the
Texas title.
When a Texas resident has purchased a vehicle with an out-of-state title that indicates an
assignment to someone other than the Texas purchaser or a licensed motor vehicle dealer,
the options for the “first Texas owner” to obtain title are to pursue a Tax Collector’s
Hearing, a Bonded Title, or a court order. Additionally, the same options apply when a
Texas titled vehicle is sold to an out-of-country dealer or resident and then resold to a
Texas resident on the existing Texas title.
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Evidence of Ownership
If an assignment of title is assigned to a person in the military or non-resident student who
is stationed or attending a college or university in Texas, the purchaser should apply for
title and registration in their name in Texas or their home state before the vehicle may be
sold or encumbered.
18.3 Evidence of Ownership
All states have some type of certificate of title law and issue a certificate of title document
to convey ownership. (Refer to the Title Information for Each State Chart)
In most states, title laws apply only to certain year model vehicles; and vehicles of prior
year models are excluded and issued only registration receipts. Therefore, the term
“nontitle state,” as used in this manual, refers to states which exclude certain year motor
vehicles from the title requirements.
Canada and Mexico are considered “non-titled”. These countries issue annual registration
receipts as evidence of ownership.
The first Texas title applicant of an out-of-state motor vehicle should attach the following
evidence of ownership to the application for title:
1.
New and Unregistered Vehicle - A Manufacturer's Certificate of Origin (MCO).
2.
Used Vehicle from a Title State - The out-of-state title with any recorded liens
released and complete assignments starting with the owner as shown on the face of the
title and an Out-of-state Identification Certificate, Form VI-30.
Note: A release of lien is not required if there is no transfer of ownership involved
and the same lienholder, as recorded on the out-of-state title, is shown on the
application for Texas title.
3.
Used Vehicle from Non Title State – The current registration receipt with an
assignment to the Texas applicant or the current registration receipt and bill of sale to
the Texas applicant; either of which must be accompanied by an Out-of-state
Identification Certificate, Form VI-30. (The out-of-state registration receipt must
reflect registration that is current or that has been expired for six months or less.)
Note: Texas licensed motor vehicle dealers may no longer “dealer register” a used
motor vehicle in the dealership's name prior to the sale of the vehicle. Dealers
who wish to secure Texas license plates for new vehicles covered by
manufacturer's certificates or for used vehicles covered by U.S. Government
Certificate to Obtain Title to a Motor Vehicle, Form 97 or out-of-state evidence
of ownership must apply for Texas Certificate of Title in the dealership’s
name at the time of registration or attach a dealer license plate.
Assignment or Release of Ownership
Each state provides for an assignment or release of ownership on the certificate of title,
and the information required in each assignment or release of ownership must be
complete.
There are three general types of assignments on out-of-state titles:
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Evidence of Ownership
•
An assignment in which the seller appears before a person authorized to take
acknowledgments (notary) and the purchaser's name is a part of the assignment.
• An assignment in which the seller's signature is witnessed by another individual and
the name of the purchaser is a part of the assignment.
• A release of ownership in which the owner releases their interest in a motor vehicle by
signing his or her name and dating the release in the designated space. If a title of this
type provides a space for the purchaser's name in the release, it must be shown.
Some states provide a space on the back of their titles for an applicant to apply directly for
title. These “applications for title” may not be used as an assignment or as a reassignment
of title to a motor vehicle.
Some states provide for additional assignments for dealers by providing a form to be
attached to their titles when all the assignments have been used. These additional
assignments together with the out-of-state title may be used to support an application for
Texas title. A Dealer's Reassignment of Title for a Motor Vehicle, Form VTR-41-A, may
be used by Texas licensed dealers in the same manner. Title transactions that do not reflect
a licensed out-of-state dealer license number are acceptable.
Note: If all the assignments are completed on an out-of-state title, which complies
with the Federal odometer disclosure requirements, the out-of-state dealer
must use a reassignment document, which also conforms with Federal
odometer disclosure requirements to transfer ownership to a Texas dealer or
resident. A bill of sale may be used if all dealer reassignments sections on the
out-of-state title have been completed and that state does not use
supplemental dealer reassignment forms or does not require the dealer to
apply for title in their name. If an application for Texas Certificate of Title is
filed, the odometer disclosure statement (Block 18) should be completed or
the odometer disclosure statement must be included in the bill of sale when
sold to a retail buyer.
Non negotiable titles issued by other states are not accepted as evidence of ownership in
securing Texas title and registration.
Undisclosed Liens
Some states issue certificates of title that contain the legend: “This vehicle may be subject
to an undisclosed lien.” These titles may be accepted in support of an application for
Texas title.
Restricted Titles
“Restricted” out-of-state certificates of title which are issued for vehicles that could not
pass the state's motor vehicle inspection requirements are acceptable as evidence of
ownership provided an Out-of-state Identification Certificate, Form VI-30, is attached
verifying that the vehicle has passed the Texas safety inspection requirements.
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Electronic Lien and Title (ELT) System
Current Registration Receipt
A validated current registration receipt or verification (by letter or fax from the proper
state authorities or by a copy of the registration receipt) is evidence of ownership from a
nontitle state and some foreign countries. This registration receipt should be in the name
of the applicant or properly assigned to the applicant. A bill of sale may be accepted, if no
assignment is provided on the registration receipt.
Validated Receipt
A validated receipt is one with an official stamp, seal, signature, or license number and
date. Some receipts are only applications for registration that are mailed to the motor
vehicle owners by the nontitle state; and are not validated until the fee has been paid.
Registration Receipt
A registration receipt from a nontitle state or country is acceptable evidence of ownership
for six months after expiration of registration. If the receipt is not current, a statement
must be attached that the surrendered registration receipt is the last registration for the
vehicle. The statement must be signed by the owner, as shown on the receipt, and by all
other owners that have owned the vehicle since the date of expiration. Additionally, the
statement should explain if the vehicle has been registered since the last registration date.
Registration Receipt from a Nontitle State
A registration receipt from a nontitle state or country must show a complete chain of
transfers to the Texas title applicant.
Out-of-state evidence surrendered to support an application for Texas title should be
examined with consideration of the laws of that state or country.
Joint Ownership
If the words “or” or “and/or” are shown to indicate dual or joint ownership on any
out-of-state evidence, either one or both of the owners may assign the evidence of
ownership as seller(s) or make application for Texas title. However, the words “or” or
“and/or” should not be shown on the application for Texas title. If dual or joint ownership
is indicated by the word “and” on the out-of-state evidence, then both owners must release
their interest or provide a power of attorney from the one not signing. (Refer to
Chapter 11, “Signature - Authority to Sign” for further discussion)
Estates
When an out-of-state title has been issued in the name of an estate and states the name of
the executor, administrator, guardian, etc., or the title is issued in the name of the executor,
administrator, guardian, etc., no proof of authority is required for an application for a
Texas title in the name of the estate or in the name of the executor, administrator,
guardian, etc., or for the title assignment.
18.4 Electronic Lien and Title (ELT) System
States with an ELT program allow for the electronic recording of liens. Accordingly, no
title document is issued until a lien is satisfied. Once an electronic lien is satisfied, a clear
certificate of title is issued. The clear title may or may not exhibit the following indicators:
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VIN Inspection
• A prior lien notation
• An “ELT designation”
• A new title issuance date indicating when the lien was released
• The dealer’s name as either the addressee or the new lienholder
County Tax Assessor-Collector’s offices should check for one of the indicators when
processing transactions involving a title from an ELT state submitted with a secure POA.
If one of the above indicators is noted on a title, use of the Form VTR-271-A is
acceptable.
The states currently identified as implementing an ELT program are:
• Arizona – AZ
• California – CA
• Florida – FL
• Hawaii – HI
• Idaho – ID
• Kansas – KS
• Massachusetts – MA
• New York - NY
• Ohio – OH
• Pennsylvania – PA
• Virginia – VA
• Washington – WA
Applicants wishing to transfer a title from an ELT state to a Texas title must present the
out-of-state title as proof of ownership. Otherwise, they should apply for “Registration
Purposes Only” or go through the hearing/bond process to secure a negotiable Texas
Certificate of Title.
18.5 VIN Inspection
A vehicle last registered or titled outside the State of Texas must pass a Texas Safety
Inspection and the vehicle identification number must be verified by a state appointed
Safety Inspection Station before applying for Texas title or registration. Upon verifying
the vehicle identification number, the inspection station completes the Department of
Public Safety’s Out-of-state Identification Certificate, Form VI-30, and gives it to the
applicant for submission to the County Tax Assessor-Collector when filing an Application
for Texas Certificate of Title.
Out-of-state Identification Certificate
The Out-of-state Identification Certificate must be properly completed and reflect the
correct vehicle identification number, odometer reading, and description of vehicle as
follows:
Motor Number of 1955 and Prior Models
The motor number must be shown on the Out-of-state Identification Certificate and on the
application for title and agree with the out-of-state basic evidence except as follows:
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VIN Inspection
•
•
If the basic out-of-state evidence records a serial number for a 1955 or prior model and
the Out-of-state Identification Certificate also records the serial number, the vehicle
may be titled under the serial number.
If the basic out-of-state evidence records the motor number of a 1955 or prior model
and the Out-of-state Identification Certificate records the serial number, the
transaction must be rejected for a corrected Out-of-state Identification Certificate
showing the motor number, a pencil tracing of the motor number or a Form
VTR-68-A. The vehicle titles using the motor number.
Serial Number of 1956 and Later Models
Serial Number of 1956 and Later Models and all Fords, Mercurys, and Lincolns
manufactured Since March 31, 1932 must be shown on the Out-of-state Identification
Certificate and on the application for title and must agree with the out-of-state basic
evidence. However, if the basic out-of-state evidence records a motor number, the owner
must provide a pencil tracing of both the motor number and the serial number and the
vehicle titles under the serial number.
One or Two Character Errors
If a one or two character error in the vehicle identification number is discovered on the
out-of-state evidence, the error can be corrected without verification from the authorities
of the issuing state. The application for title showing the correct vehicle identification
number must be supported by the out-of-state evidence (with the error), the Out-of-state
Identification Certificate, and a pencil tracing of the correct vehicle identification number
or, if it is not possible to obtain a pencil tracing a Statement of Physical Inspection, Form
VTR-270, verifying the correct vehicle identification number. If an error is in the vehicle
identification number on the Out-of-state Identification Certificate, a corrected certificate
is required.
Information Agreement
The make of vehicle, year model, and body style as shown on the out-of-state evidence
must agree with the description as shown on the Out-of-state Identification Certificate,
except when it can be determined that the out-of-state evidence is in error or that the
inspector has made a mistake in the description of vehicle and the correct make, year
model, or body style can be confirmed by the vehicle identification number. If it is
determined that the make, year model, or body style is recorded on the out-of-state
evidence in error but is shown correctly on the Out-of-state Identification Certificate, the
owner does not need to obtain verification from the state that issued the incorrect evidence
of ownership. If it is determined, that the out-of-state evidence is correct but the
Out-of-state Identification Certificate is in error, a corrected certificate is not required.
License Numbers
• Out-of-state license numbers are not required on the Out-of-state Identification
Certificate; however, this information should be shown, if possible.
Inspection Information
• The date, signature, station number, and name of station should be filled in completely
by the inspector but the Out-of-state Identification Certificate, suffices if the form is
signed by the inspector.
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VIN Inspection
•
•
•
The vehicle identification number may be either typed or written on the Out-of-state
Identification Certificate, but if altered, a new Out-of-state Identification Certificate is
required.
In the event an Out-of-state Identification Certificate indicates that a vehicle
identification number is missing, altered or illegible, the department assigns a number
in accordance with the provisions of Transportation Code Section 501.032.
The current odometer reading at the time of the inspection should be recorded on the
Out-of-state Identification Certificate by the inspector. When the Out-of-state
Identification Certificate was obtained before or after completing the application for
title and results in a discrepancy between the mileage recorded on the Out-of-state
Identification Certificate and the application, the application should be accepted.
Texas Vehicle Inspections
If the owner of an out-of-state vehicle has a current safety inspection sticker but cannot
produce the Out-of-state Identification Certificate, Form VI-30, they must obtain another,
a “Duplicate,” or have the vehicle re-inspected.
The provisions of Refer to Transportation Code Section 501.030. require a vehicle last
registered and titled out of state to pass the Texas Safety Inspection before it may be
registered and titled in Texas and applies to all motor vehicles. Exceptions (see also
Vehicles Not Subject to Inspection) include:
• Vehicles, such as farm trailers and machinery, which are registered but not titled.
• Vehicles, which are titled but not required to be registered.
• Off highway motorcycles and three or more wheel ATVs and ROVs.
• Travel trailers, trailers, and semitrailers having gross weights of 4,500 pounds or less.
• Travel trailers used as a residence, and are being registered for the sole purpose of
obtaining a certificate of title and not for operation on the highways. The applicant is
required to complete a “Travel Trailer” or “Park Model Trailer” Verification, Form
VTR-141, certifying that the vehicle is not in operation on the highways of this State
and that the applicant has physically inspected the vehicle to verify the correct serial
number.
• Vehicles registered with Antique, Parade, or Disaster Relief license plates. When
processing these vehicle titles, the county should input VIN Verification Waived on
the vehicle record. This remark carries forward until the owner submits an application
for regular registration with the required Out-of-State Identification Certification
Form VI-30.
• Vehicles previously owned by the federal government and transferred on the United
States Government Certificate to Obtain a Title to a Motor Vehicle, Form 97.
• Vehicles previously registered with Federal “Diplomat” license plates that are
transferred on a U. S. Department of State Certificate of Authority to Sell a Vehicle.
• Vehicles displaying slow moving vehicle emblems, such as road construction
equipment, that are designed to operate at a maximum speed of 25 mph or less.
• Vehicles registered with Hotrod or Streetrod license plates. (These vehicles have a
separate inspection process.)
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Vehicles Not Subject to Inspection
•
Vehicles which are imported free of duty into the United States for use of members of
the German Federal Armed Forces (or a civilian component of the German Federal
Armed Forces), provided the transaction is accompanied by proper evidence of
ownership and a self-certification verifying the vehicle identification number.
Vehicles Titled but Not Located in Texas
An Out-of-state Identification Certificate, Form VI-30, is not required when a vehicle is
to be titled in Texas but not located in Texas and the application involves:
• Apportioned vehicles.
• Military personnel who are Texas residents whose duty stations are located outside the
State.
• Students who are Texas residents enrolled in accredited out-of-state colleges or
universities.
• Elected officials serving in the United States Congress.
• Texas residents who are full time recreational vehicle users who are temporarily out of
state (exemption is applicable to the recreational vehicle only).
Texas residents who purchase a vehicle out of state and are not exempted by any of the
above provisions must contact the Austin Headquarters office for approval of
self-certification on an individual basis.
Military Personnel
Military personnel who are Texas residents (claim Texas as their legal state of residence)
stationed outside the state may continue to title and register their vehicle in Texas. They
may use the self-certification form verified by the Provost Marshal. If the self-certification
is not verified by the Provost Marshal, the applicant must provide verification that he or
she is currently stationed out of state. Verification may consist of military orders, etc.,
which indicate the current duty station of the applicant.
Students
Students located outside the State may use the self-certification form with verification that
they are an actual student. Verification may consist of a tuition receipt, enrollment form,
student identification card, etc., which confirms that the student is currently enrolled in an
accredited college or university outside the State. It is not necessary for the title
application to be in the name of the student.
18.6 Vehicles Not Subject to Inspection
Transportation Code Section 548.052
This chapter does not apply to:
(1) a trailer, semitrailer, pole trailer, or mobile home moving under or bearing a
current factory-delivery license plate or current in-transit license plate;
(2) a vehicle moving under or bearing a paper dealer in-transit tag, machinery
license, disaster license, parade license, prorate tab, one-trip permit, antique
license, custom vehicle license, street rod license, temporary 24-hour permit,
or permit license;
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Vehicles from Indian Reservations
(3) a trailer, semitrailer, pole trailer, or mobile home having an actual gross
weight or registered gross weight of 4,500 pounds or less;
(4) farm machinery, road-building equipment, a farm trailer, or a vehicle
required to display a slow moving vehicle emblem under section 547.703;
(5) a former military vehicle, as defined by Section 504.502; or
(6) a vehicle qualified for a tax exemption under Section 152.092, Tax Code; or
(7) a vehicle for which a certificate of title has been issued but that is not required
to be registered.
A vehicle that is not subject to the Texas safety inspection requirements because they are
exempt, located out-of-state or will not operate on Texas public roads must submit a
self-certification instead of an Out-of-State Identification Certification form VI-30.
If applying for:
• A Texas Certificate of Title for a vehicle located out-of-state, the owner must
complete and submit a Vehicle Identification Number Self-certification, Form
VTR-272-B.
• A Registration Purposes Only, the owner must complete and submit an Application for
Registration Purposes Only, Form VTR-272.
• A Texas Certificate of Title for an off-highway use only vehicle, the owner must
complete and submit a Statement of Physical Inspection, Form VTR-270.
• A Texas Certificate of Title for a vehicle that is not subject to the Texas safety
inspection requirements, the owner must complete and submit a Form VTR-270.
• A Title Only Texas Certificate of Title, the owner must complete and submit a Form
VTR-270. Counties should enter a VIN Certification Waived remark when a customer
files a Title Only application without submitting an Out-of-State Identification
Certification Form VI-30. Later, when registering the vehicle, the customer must then
submit a new title application to remove the VIN Certification Waived remark.
18.7 Vehicles from Indian Reservations
Native American Tribal titles from tribes that are federally recognized and are accepted by
the appropriate state authority are acceptable title documents to support application for
Texas Certificates of Title. The tribal title requires the supporting documentation as that of
other out-of-state titles (but “FOREIGN EVIDENCE” is the appropriate selection in RTS
to avoid NMVTIS inquiry errors.). The states of North Dakota and Oklahoma have
confirmed acceptance of tribal titles within their jurisdictions.
For the latest information on federally recognized Tribal Nations see:
http://www.ncsl.org/issues-research/tribal/list-of-federal-and-state-recogni
zed-tribes.aspx
18.8 Trailers and Semitrailers Last Registered or Titled Out
of State
Acceptable evidence of ownership on used trailers and semitrailers from out of state is as
follows:
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Apprehended Out Of State Vehicles
• The certificate of title is required for all trailers and semitrailers from title states.
• The registration receipt is required for all trailers and semitrailers from non-title states.
The Out-of-state Identification Certificate, Form VI-30, issued by a state appointed
Safety Inspection Station, must support each application for Texas title for out-of-state
trailers and semitrailers except as provided in Transportation Code Section 501.030.
A weight certificate must be attached to an application for title to a trailer or semitrailer,
and the title copy of the registration receipt must be attached to an application for title to a
trailer or semitrailer.
Note: The space for weight on the application for title must record the empty weight
of a trailer or semitrailer.
18.9 Apprehended Out Of State Vehicles
Out of state vehicles, which are registered in Texas as the result of being apprehended for
registration violations are not subject to the safety inspection requirements, provided
“Registration Purposes Only” is applied for and the application shows an out-of-state
address. The applicant must furnish a self-certification statement as to the correct vehicle
identification number appearing on the vehicle. An Out-of-state Identification Certificate,
Form VI-30, is required if a Texas address is shown on the Application for Registration
Purposes Only, Form VTR-272.
Note: The department or a Law Enforcement Officer is authorized to waive the
requirements of a weight certificate for commercial vehicles.
Note: When a vehicle is being registered as the result of an apprehension, the
County Tax Assessor-Collector must check the box to indicate apprehension.
18.10 Out of State Miscellaneous
Registration Purposes Only
If a holder of a registration purposes only receipt issued by Texas desires a negotiable
Texas Certificate of Title an Out-of-state Identification Certificate, Form VI-30 is not
required if the Texas registration receipt or non negotiable title was issued prior to
September 1, 2001.
Out-of-state License Plates
An Out-of-state Identification Certificate, VI-30, is required when the evidence
supporting an application for title is a Tax Collector's hearing order or an auction sales
receipt covering a vehicle that displays out-of-state license plates.
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Certificate of Title Information for Each State
Salvage Vehicles
A salvage vehicle title may be issued when it is needed to allow the owner to transfer
ownership without repairing the vehicle. If the vehicle is later repaired and placed in an
operable condition, the purchaser's application for title must be supported by the Texas
salvage title, a Rebuilt Vehicle Statement, Form VTR-61, and the current vehicle
inspection sticker number and date of expiration, issued by an authorized state safety
inspection station after the motor vehicle was rebuilt.
Mixed component Parts
Any application for a Texas title supported by out-of-state evidence and accompanied by
further evidence of ownership for motor, frame, or body to correct one of the component
parts of the vehicle should not be accepted; correction should be made by the state in
which the vehicle was last registered or titled. However, if that state refuses to issue
corrected evidence, a letter from the proper out-of-state authorities stating such fact must
be attached to the transaction. If the change was made in Texas, the same procedure
should be followed as if the vehicle were titled in Texas (Refer to the TxDMV Assembled
and Rebuilt Vehicle Manual).
Errors
If there is an error in the basic motor or vehicle identification number on a Texas title and
the records reveal the application for the first Texas title was issued from out-of-state
evidence, refer to Chapter 7, “Corrections” for the correction procedures.
Title Only
A motor vehicle, which was previously titled and/or registered out of state that is issued a
“title only”, is exempt from the Out-of-state Identification Certificate requirement.
However, the title and motor vehicle record indicates a “VIN CERTIFICATION
WAIVED” remark. If the vehicle is registered at a later date, the applicant must apply for
title and registration. In support of the title application, the applicant must provide an
Out-of-state Identification Certificate, Form VI-30, a weight certificate (if the vehicle is
commercial), valid proof of insurance, and negotiable evidence of ownership.
18.11 Certificate of Title Information for Each State
Table 18-1 (Current as of 1/12).
Table 18-1
State
Title Information for Each State
Applicable To And Exceptions
Alabama
Every motor vehicle not more than 35 model years old and travel trailers not more than 20
model years old. ATVs and off-road vehicles are not titled.
Alaska
All year model vehicles, except salvage, ATVs and off-road vehicles.
Arizona
All year model vehicles, except mopeds.
Arkansas
All year model vehicles, except off-road vehicles and mopeds.
California
All year model vehicles.
Colorado
All year model vehicles, except ATVs, off-road vehicles, and mopeds.
Connecticut
All 1981 and subsequent year model vehicles. All trailers less than 3,000 lbs. gross weight,
ATVs, off-road vehicles, and mopeds are not titled.
Delaware
All year model vehicles, except ATVs and off-road vehicles.
Dist. Of Columbia All year model vehicles, except ATVs and off-road vehicles.
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Certificate of Title Information for Each State
State
Applicable To And Exceptions
Florida
All year model vehicles, except ATVs and off-road vehicles purchased prior to 7/1/02, and
trailers weighing less than 2,000 lbs and mopeds.
All 1986 and newer year model vehicles except ATVs, mopeds, off-road vehicles,
homemade trailers, and utility trailers weighing less than 2,000 lbs.
All year model vehicles, except trailers of all sizes, ATVs, off-road vehicles, and mopeds.
All year model vehicles, all trailers over 2,000 lbs. unladen, certain mopeds, and new all
new purchases of ATVs or off-road vehicles.
All year model vehicles.
All year model vehicles and camping trailers manufactured after January 1, 1986, except
mopeds and the titling of ATVs is optional.
All year model vehicles and ATVs new or acquired on or after January 1, 2000, except
trailers/semitrailers with an unladen weight of 2,000 lbs. or less.
All year model vehicles, trailers over 2,000 lbs. gross weight, farm trailers over 6,000 lbs. or
more.
All year model vehicles, except off-road vehicles and mopeds. ATVs are optional.
All year model vehicles.
All 15 year model vehicles and newer, except any trailer with an unladen weight of 3,000
lbs. or less, ATVs, mopeds, and motorcycles with less than 300 cc.
All year model vehicles, except mopeds. Boat and utility trailers with a 2,500 GVWR or less
and ATVs are optional.
All vehicles purchased after 9/1/72, except trailers having a gross weight of 3,000 lbs. or
less, ATVs, off-road vehicles, and mopeds.
All year model vehicles, off-road vehicles, and trailers weighing more than 2,500 lbs.,
except mopeds.
All year model vehicles except trailers having a gross weight of 4,000 lbs. or less unless
secured by a lien or previously titled, trailers designed primarily for agricultural purposes,
ATVs, and off-road vehicles.
All motor vehicles manufactured or assembled after July 1, 1969 and all user car
transactions after July 1, 1969 or brought into the state from a state requiring titling. Titling
for all other vehicles bought in the state are optional, except pole trailers, utility trailers of
less than 5,000 lbs. gross vehicle weight, ATVs, and off-road vehicles are not titled.
All year model vehicles, except mopeds.
All year model vehicles and off-highway vehicles, except mopeds.
All year model vehicles, ATVs (purchased new after 1-1-04), UTVs (purchased after
1-1-12), low speed vehicles (purchased after 1-1-12), except mopeds, utility trailers with
gross weight of 9,000 lbs. or less, and off-road vehicles.
All year model vehicles except ATVs. Mopeds are optional.
Vehicles that are 15 model years old and newer, and heavy trucks (3 or more axles) and
truck-tractors with a gross weight in excess of 18,000 lbs. Trailers with a gross weight of
less than 3,001 lbs., off-road, ATVs, and mopeds are exempt.
All year model vehicles, except certain non-conventional type vehicles.
All year model vehicles.
1973 and newer models except mopeds, off-highway vehicles, trailers with an unladen
weight less than 1,000 lbs., and ATVs.
All year model vehicles, except ATVs, mopeds and off-road vehicles.
All year model vehicles, and off-highway vehicles except luggage and utility trailers.
All year model vehicles, except all trailers with a GVW of 4,000 lbs. or less, mopeds,
off-road vehicles.
All year model vehicles except for ATVs and off-road vehicles (purchased prior to 7/1/05).
Boat, luggage, and utility trailers are exempt.
All year model vehicles. Trailers with a loaded with of 1,800 lbs. or less and ATVs are
optional.
All year model vehicles.
All vehicles 10 years old or newer must be titled, except ATVs, off-road vehicles, trailers
having a carrying capacity of 3,000 lbs. or less, and mopeds.
All year model vehicles, except for mopeds, and ATVs.
All year model vehicles, except mopeds (optional).
All year model vehicles and off-road vehicles, except for boat and collapsible camping
trailers.
All year model vehicles, except for trailers with an empty weight of 4,000 lbs. or less,
semitrailers with a gross weight of 4,000 lbs. or less.
All year model vehicles, except trailers with an unladen weight of 750 lbs. or less.
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
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Certificate of Title Information for Each State
State
Applicable To And Exceptions
Vermont
All vehicles 15 years old or newer, and ATVs/off-road vehicles beginning with 2004 model
year. Trailers with an unladen weight of 1,500 lbs. or less and motorcycles with less than
300 cubic centimeters of engine displacement and mopeds are exempt.
All year model vehicles, except ATVs, off-road vehicles, and mopeds.
All year model vehicles.
All year model vehicles.
All year model vehicles, except trailers 3,000 lbs. or less unladen weight or ATVs and
off-road vehicles.
All year model vehicles.
Virginia
Washington
West Virginia
Wisconsin
Wyoming
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Chapter 19
IMPORTED VEHICLES
This chapter contains the following sections:
• 19.1 Motor Vehicles Brought Into State
• 19.2 Evidence of Ownership
• 19.3 Additional Documentation
• 19.4 Proof of Compliance with USDOT Safety Requirements
• 19.5 United States Customs Entry/Clearance Documentation
• 19.6 Registration Purposes Only (RPO) for Foreign Vehicles
• 19.7 Tax Collectors Hearing or Bonded Title for Foreign Vehicles
• 19.8 List of Manufacturers to Notify For Proof of Compliance
19.1 Motor Vehicles Brought Into State
Transportation Code Section 501.030
(a) Before a motor vehicle that was last registered or titled in another state or
country may be titled in this state, the applicant must furnish the county
assessor-collector with a verification form under Section 548.256.
(b) Before a motor vehicle that was not manufactured for sale or distribution in the
United States may be titled in this state, the applicant must:
(1) provide to the assessor-collector:
(A) a bond release letter, with all attachments, issued by the United States
Department of Transportation acknowledging:
(i) receipt of a statement of compliance submitted by the importer of the
vehicle; and
(ii) that the statement meets the safety requirements of 19 C.F.R. 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. Section 4064(a) have been paid; or
(2) provide to the assessor-collector proof, satisfactory to the department, that
the vehicle was not brought into the United States from outside of the country.
(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.
(d) If a motor vehicle has not been titled or registered in the United States, the
application for title must be accompanied by:
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Evidence of Ownership
(1) a manufacturer's certificate of origin written in English issued by the vehicle
manufacturer;
(2) the original documents that constitute valid proof of ownership in the country
where the vehicle was originally purchased, with an English translation of the
documents verified as to the accuracy of the translation by an affidavit of the
translator; or
(3) if the vehicle was imported from a country that cancels the vehicle
registration and title for export, the documents assigned to the vehicle after
the registration and title were canceled, with an English translation of the
documents verified as to the accuracy of the translation by an affidavit of the
translator.
(e) Before a motor vehicle that is required to be registered in this state and that is
brought into this state by a person other than a manufacturer or importer may be
bargained, sold, transferred, or delivered with an intent to pass an interest in the
vehicle or encumbered by a lien, the owner must apply for a title in a manner
prescribed by the department to the county assessor-collector for the county in
which the transaction is to take place. The assessor-collector may not issue a title
receipt unless the applicant delivers to the assessor-collector satisfactory evidence
of title showing that the applicant is the owner of the vehicle and that the vehicle is
free of any undisclosed liens.
(f) A county assessor-collector may not be held liable for civil damages arising out of
the failure to reflect on the title receipt a lien or encumbrance on a motor vehicle
to which Subsection (e) applies unless the assessor-collector’s failure constitutes
willful or wanton negligence.
(g) Until an applicant has complied with this section:
(1) a county assessor-collector may not accept an application for title; and
(2) the applicant is not entitled to an appeal as provided by Sections 501.052 and
501.053.
Note: As a result of a decision handed down by the United States Fifth Circuit
Court of Appeals, the department is prohibited from enforcing the provision
of this statute that requires the surrender of a bond release letter from the
Environmental Protection Agency.
19.2 Evidence of Ownership
All vehicles imported into the United States must have proper evidence of ownership. The
original documents constituting valid proof of ownership in the country in which the
vehicle was most recently registered and/or titled must be surrendered when application is
made for a Texas Certificate of Title. (A certified copy of the foreign evidence of
ownership is acceptable, if certified by the appropriate foreign registrar.) For example, the
Fahrzeugbrief title document issued by Germany is acceptable evidence of ownership for
vehicles imported into the United States.
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Evidence of Ownership
National Reference Guides
National reference guides may be used to identify acceptable foreign evidence of
ownership and other documents. (Supplemental documents distributed by the department
may be used to identify acceptable foreign evidence of ownership.) Documents not
illustrated in the reference guides that are presented as evidence of ownership must be
approved by a TxDMV Regional Service Center manager, prior to acceptance by a County
Tax Assessor-Collector’s office. If the ownership and description of a vehicle cannot be
determined or there is doubt regarding information on a foreign document, a translation
into the English language is required. The translation must contain a notarized or
acknowledged affidavit from the translator, including the name and address of the
translator.
Vehicle Registration and Title Canceled Upon Export
If a vehicle is imported from a country that cancels the vehicle registration and title upon
export, the documents assigned to the vehicle after the registration and/or title have been
canceled would be acceptable evidence of ownership. (If a translation is required, refer to
the previous paragraph.)
Manufacturer's Certificate of Origin (MCO)
A secure Manufacturer's Certificate of Origin (MCO) is required on all new imported
vehicles. The “New Vehicle Information Statement” (NVIS) issued by Canada is
acceptable instead of an MCO with a bill of sale or dealer reassignment form to the first
Texas retail purchaser.
Foreign Bills of Sale
Foreign bills of sale or invoices are not acceptable without proper evidence of ownership
from the country in which the vehicle was last registered, and only if the evidence of
ownership does not contain a transfer of ownership section. These documents must
identify the vehicle (make, year model, and vehicle identification number or foreign
registration), indicate the name of the buyer and seller, and be acknowledged and dated.
Transfers to the Applicant
Surrendered evidence must reflect a proper transfer to the first United States purchaser or
importer and contain a complete chain of transfers to the applicant.
The Notation D.B.A.
When an individual’s name is shown with the notation “D.B.A.” followed by the name of
a dealership on foreign evidence of ownership, a separate affidavit is required from the
dealership certifying that the individual is an agent/employee of the dealership.
Salvage Vehicles
Caution should be taken to observe any vehicular remark or restrictions that would impede
titling and registration of such vehicles such as non-repairable, parts only, dismantler
purposes only, etc.
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Additional Documentation
Document Alterations
Alterations on foreign documents are not acceptable. Written verification from the
appropriate foreign country must be obtained by the applicant.
19.3 Additional Documentation
Additional documentation required on a foreign/imported vehicles includes:
• An Out-of-State Identification Certificate, VI-30, completed by a State approved
Safety Inspection Station, must accompany all vehicles imported into the United
States (except certain vehicles owned by members of the German Federal Armed
Forces).
• The Inspection Report on the bottom of the Application for Assigned or Reassigned
Number, Form VTR-68-A, must be completed by a law enforcement officer as
described in Chapter 13, “Vehicle Identification Numbers” under Inspection. The
completed VTR-68-A must accompany any title documentation supported by foreign
evidence except for military evidence. U.S. military personnel, including immediate
family members, returning to Texas military bases are no longer required to submit a
Form VTR-68-A. However, proof of active duty is required.
• A weight certificate on all imported commercial motor vehicles in excess of 10,000
lbs.
• Proof of compliance with all U. S. Department of Transportation (USDOT) safety
requirements, if applicable.
Note: Vehicles with year models 25 years old or older are exempt from safety
compliance.
•
•
•
•
U. S. Customs' entry/clearance documentation.
Valid proof of financial responsibility for the vehicle in the applicant's name. (Refer to
Chapter 11 of the TxDMV Motor Vehicle Registration Manual.)
All foreign vehicles imported into Texas for title and registration purposes are subject
to odometer requirements. (Refer to Transportation Code Section 501.072)
A receipt or certificate issued by the U. S. Department of Treasury showing that any
and all gas-guzzler taxes have been fully paid, if applicable. A copy of the IRS Form
720 that was filed by the applicant, accompanied by a copy of the canceled check, is
also acceptable proof of payment.
19.4 Proof of Compliance with USDOT Safety Requirements
When an applicant applies for a Texas Certificate of Title on an imported motor vehicle,
the application must be supported by acceptable proof of compliance with all USDOT
safety requirements, if applicable.
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Proof of Compliance with USDOT Safety Requirements
USDOT Form HS-7
Importers of vehicles must file a USDOT Form HS-7, Application for (Declaration)
Importation of Motor Vehicles and Motor Vehicle Equipment Subject to Federal Motor
Vehicle Safety, Bumper and Theft Prevention Standards, (available at ports of entry) at the
time a vehicle is imported to declare whether the vehicle complies with all applicable
federal motor vehicle safety standards (USDOT safety requirements). The USDOT Form
HS-7 must be validated with an original U. S. Customs stamp or an ABI electronic release
which includes a date and time stamp, or must be accompanied by other U. S. Customs
entry/clearance documentation.
Refer to the quick reference at the end of this chapter to determine title and registration
requirements that are applicable to the various blocks checked on the USDOT Form
HS-7.
Note: Vehicles with year models that are 25 years old or older are exempt from
these requirements.
Automated Broker Interface (ABI) system
The USDOT and U. S. Customs House Brokers have established an Automated Broker
Interface (ABI) system that allows importers to provide USDOT HS-7 information
electronically to USDOT on Customs releases. Instead of a USDOT Form HS-7, a title
applicant can provide a properly completed ABI screen that serves as a U. S. Customs
entry/clearance documentation and shows the USDOT safety requirement eligibility
information normally provided on the USDOT Form HS-7. The following information
must be included on the ABI screen:
• The description of the vehicle (year model, make, VIN, and model);
• The USDOT Form HS-7 box number of eligibility* (1, 2A, 2B, 3, 5, 7, 8, 9 & 12);
• U. S. Customs entry number; and
• A reference notation, such as “USDOT” or “DOT.”
Note: If Box 3 is indicated, the registered importer number is also required on the
ABI screen.
USDOT Safety Certification
Vehicles manufactured to meet all applicable USDOT safety requirements have a USDOT
Safety Certification label affixed by the original manufacturer in the area of the
driver-side door. A vehicle without this certification label must be imported as a
nonconforming vehicle through a USDOT Registered Importer and post a USDOT Bond.
Note: A current listing of Registered Importers is available on NHTSA’s Web page
at www.nhtsa.dot.gov/cars/rules/import.
Vehicles Imported Under Bond
If the vehicle is imported under bond, one of the following documents is required:
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Proof of Compliance with USDOT Safety Requirements
•
•
An original bond release letter from the USDOT, with all attachments referred to in
the letter, if any; or
An applicant claiming exemption from the USDOT safety requirements must provide
a legible copy of a USDOT Form HS-7 (yellow copy) as filed with the USDOT,
which confirms the exemption. These forms must be validated with an original
Customs stamp. Certified copies by U. S. Customs are also acceptable.
Vehicle Inspections
If a vehicle is manufactured in compliance with USDOT safety requirements and is
imported into the United States (such as military personnel returning from overseas duty,
individuals returning from Canada, etc.), and the owner is unable to produce the USDOT
Form HS-7, U. S. Customs may inspect the vehicle and certify whether or not the vehicle
conforms to USDOT safety requirements. If it is confirmed that the vehicle complies with
USDOT safety requirements, certification on U. S. Custom’s letterhead and signed by a
customs agent is acceptable instead of the USDOT Form HS-7.
The department may also inspect the vehicle to confirm that a USDOT Safety
Certification Label has been affixed to the driver side door area by the original
manufacturer or USDOT Registered Importer. This inspection serves only as proof of
compliance with USDOT safety requirements. The U. S. Customs entry/clearance
documentation is also required.
USDOT Form HS-7 Problems
If the U. S. Customs documentation or USDOT Form HS-7 is not properly completed and
stamped, the applicant must contact the vehicle manufacturer or U. S. Department of
Transportation (USDOT) for a written (letter) of vehicle compliance. For manufacturer’s
contact information see Table 19-1. The telephone number for NHTSA’s Office of
Vehicle Safety Compliance is (202) 366-5291.
Proof of Compliance
Proof of compliance is also required on imported vehicles under the following conditions:
• Apprehended vehicle unless the vehicle is covered under imported vehicle portion of
the Application for Registration Purposes Only, Form VTR-272.
• Vehicles sold at public auction by federal, state, and local law enforcement agencies.
• Vehicles with a non-USA vehicle identification number that have been seized or
forfeited. (Refer to Chapter 16, “Operation of Law”).
• Salvage vehicles that have been rebuilt.
• The United States Government Certificate to Obtain Title to a Motor Vehicle, Form
97, issued by the U. S. Government.
• Storage and mechanics liens.
• Court order awarding ownership to a Texas resident.
Exceptions
The following are exceptions to the above-mentioned requirements; and in these
instances, proof of USDOT safety compliance is not required.
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TxDMV April 2014
Proof of Compliance with USDOT Safety Requirements
•
•
•
•
•
•
If a vehicle is manufactured in a foreign country and the title transaction is supported
by a Manufacturer’s Certificate of Origin invoiced to a United States dealer or
distributor.
If the motor vehicle’s year model is 25 years old or older.
Vehicles imported into the United States from a U. S. Territory (American Samoa,
Baker and Howard Islands, Commonwealth of the Northern Marianas Islands,
Federated States of Micronesia, Guam, Jarvis, Johnston, Kingman Reef, Marshall
Islands, Midway, Navassa, Palau, Palmyra, Puerto Rico, U.S. Virgin Islands, and
Wake), were declared to U. S. Customs when imported into that territory and were
required to meet the same standards as those vehicles imported into the United States.
Vehicles which have been titled in the United States and shipped overseas (as in the
case of vehicles owned by military personnel) are required to be declared to U. S.
Customs upon reentering the United States; however, an application for Texas title and
registration may be accepted without USDOT proof of compliance if the vehicle is
currently titled in the United States. The certificate of title is sufficient to substantiate
that the vehicle has met U. S. specifications.
Vehicles that have been seized and forfeited under Federal or State contraband laws
and awarded by court order to a law enforcement agency for their official use. (Refer
to Chapter 16, “Operation of Law” for further information).
U.S. Customs documentation should not be required if a vehicle is manufactured in the
United States and transferred on a security-type Manufacturer's Certificate of Origin
(MCO), which reflects a 17-character VIN. Whether or not the vehicle is transferred
by the U.S. manufacturer to an overseas distributor or dealer is immaterial.
Vehicles assembled in Mexico
A vehicle identification number beginning with a “3” designates a vehicle that was
manufactured in Mexico, but does not necessarily mean the vehicle was not manufactured
in compliance with U.S. safety standards. To determine if the vehicle meets US safety
standards, a TxDMV Regional Service Center may inspect and verify that a USDOT
Safety Certification Label is affixed to the driver side door area. If the US certification
label is not affixed, the vehicle must be imported under contract with a Registered
Importer.
Only certain vehicles manufactured for the Mexican market have been determined by
NHTSA to be eligible for importation into the United States. Therefore, if the USDOT
Safety Certification Label is not affixed, the title transaction may not be accepted for
processing unless it is supported by:
• A USDOT Form HS-7 or other documentation, which is acceptable in lieu of the
USDOT Form HS-7; and
• A USDOT Bond Release Letter or a manufacturer's confirmation letter containing the
USDOT stamp.
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United States Customs Entry/Clearance Documentation
19.5 United States Customs Entry/Clearance Documentation
In addition to proof of compliance with applicable United States Department of
Transportation (USDOT) safety requirements, an application for Certificate of Title must
also be supported by acceptable U. S. Customs entry/clearance documentation.
Acceptable evidence of U. S. Customs entry/clearance may consist of:
1.
A USDOT Form HS-7 validated with an original U. S. Customs stamp or an ABI
electronic release which includes a date and time stamp. Certified copies by U. S.
Customs are also acceptable.
2.
Certification on U. S. Customs letterhead and signed by a customs agent.
3.
A Bond Release Letter from USDOT that references the customs “Entry Number” and
“Port Code”.
4.
Any of the following U.S. Customs forms:
Note: The department requires a USDOT Form HS-7, or other acceptable evidence
of USDOT safety requirement compliance, if applicable, in addition to these
forms.
•
•
•
•
•
•
•
•
CF-368 – Collection Receipt for Informal Entry;
CF-3299 – Declaration for Free Entry of Unaccompanied Articles;
CF-3311 – Declaration for Free Entry of Returned American Property;
CF-3461 – Entry/Immediate Delivery; (may include ABI electronic release which
includes a date and time stamp)
CF-3461ALT – Entry/Immediate Delivery;
CF-6059B – Customs Declaration (Badge number instead of signature);
CF-7501 – Entry Summary (does not require a Customs Inspector’s signature); or
CF-7523 – Entry and Manifest of Merchandise Free of Duty.
Note: Newer versions of these forms may be represented as CBP Form (Customs
and Border Patrol) rather than CF (Customs Form).
19.6 Registration Purposes Only (RPO) for Foreign Vehicles
In some situations, an imported vehicle that cannot be sold or titled in Texas may be
issued registration only. The owner of a non conforming vehicle may be required to obtain
Texas registration for failure to display the international marker or if the foreign license
plates expire or become lost or stolen. In these instances, the owner/applicant must
complete an Application for Registration Purposes Only, Form VTR-272, including the
imported vehicle declaration portion, and not required to comply with USDOT standards.
Only the following applicants, identified as indicated by Block 5, 7A, or 12 on the
required USDOT Form HS-7, may qualify:
• Block 5 - A nonresident (visitor). Vehicle may be temporarily registered only for one
year. Vehicle cannot be sold and must be exported within one year.
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Tax Collectors Hearing or Bonded Title for Foreign Vehicles
•
•
Block 7A - An individual who imports a vehicle for show, test, experiment, or
competition. Requires USDOT approval letter to be temporarily registered for one
year.
Block 12 - A member of the armed forces or a civilian on assignment for a foreign
government in excess of one year. Also, see civilian individual who imports a vehicle
for show, test, experiment, or competition.
Additional required documentation
Application for Texas Title, Form 130-U; Out-of-State Identification Certificate, Form
VI-30; Application for Registration Purposes Only, Form VTR-272; proof of financial
responsibility; USDOT Form HS-7 or other acceptable Customs documentation.
Note: When processing an RPO (Form VTR-272) on an imported vehicle, the “DOT
Proof Required” remark must be selected on the additional information
screen in the RTS title event to ensure that a registration renewal notice does
not print.
19.7 Tax Collectors Hearing or Bonded Title for Foreign
Vehicles
A Tax Collector's Hearing or Bonded Title option is not available when the applicant
cannot furnish the USDOT bond release letter or proof of payment of the gas-guzzler tax,
if applicable. However, County Tax Assessor-Collectors are not prohibited from holding a
hearing if the applicant can provide such documents but does not have proper evidence of
ownership.
19.8 List of Manufacturers to Notify For Proof of Compliance
Table 19-1 is (Revision 1-07)
Table 19-1
List of Manufacturers to Notify For Proof of Compliance
Manufacturer
Contact Information
Acura Division American Honda
1919 Torrance Boulevard
Torrance, CA 90501-2746
Consumer Affairs
Alfa Romeo/Fiat
USA: 1-800-999-1009
CANADA: 1-800-999-1009
USA: (810) 488-5600
CANADA: (810) 488-5600
USA: 1-800-822-2834
CANADA: 1-800-822-2834
Audi
Audi Customer Relations
3800 Hamlin Road
Auburn Hills, MI 48326
BMW of North America
1 BMW Plaza
Montvale, NJ 07645
BMW Headquarters
920 Champlain Court
Whitby, Ontario
Canada L1N 6K9
Chrysler Corporation
National Owner Relations Dept.
26001 Lawrence Avenue
Center Line, MI 48015-1231
Motor Vehicle Title Manual
USA: (201) 573-2041
Environmental Engineering Dept.
CANADA: (905) 683-1200
USA: 1-800-992-1997
Customer Center
CANADA: (519) 973-2000
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TxDMV April 2014
List of Manufacturers to Notify For Proof of Compliance
Manufacturer
Contact Information
Ferrari North America
USA: (201) 816-2601
CANADA: (201) 816-8683
USA: (248) 488-5600
FAX: (248) 488-5820
CANADA: (810) 488-5600
USA: 1-800-392-3673
Lincoln:
USA: 1-800-521-4140
CANADA: 1-800-565-3673
Fiat Auto R & D USA
39300 Country Club Drive
Farmington Hill, MI 48331
Ford-Ford Motor Company
P. O. Box 43360
Detroit, MI 48242
Ford-Ford Motor Company Canada
The Canadian Road
P. O. Box 2000
Oakville, Ontario
Canada L6J 5E4
General Motors
Environmental Activities Staff
Room 12-204
3044 West Grand Boulevard
Detroit, MI 48202
General Motors of Canada Limited
1908 Colonel Sam Drive
Oshawa, Ontario
Canada L1H 8P7
Harley Davidson
Milwaukee, WI
Honda-American Honda Motor Co., Inc.
1919 Torrance Boulevard
Torrance, CA 90501-2746
Hyundai Motor America
10555 Talbert Avenue
Fountain Valley, CA 92728
Hyundai Auto Canada
Markham, Ontario
Canada L3R 6H2
Infiniti (Division of Nissan Motor Corp)
P. O. Box 47038
Gardena, CA 90247-6838
Isuzu
USA: (905) 644-5843
FAX: (905) 644-5436
CANADA: (905) 440-7689
FAX: (905) 440-7644
USA: (414) 343-4056
CANADA: (414) 343-4056
USA: 1-800-999-1009
CANADA: 1-800-999-1009
(Ask for Consumer Affairs)
USA: 1-800-633-5151
CANADA: (905) 477-0202
(Ask for Customer Service)
USA: 1-800-662-6200
CANADA: (615) 725-1000
USA: 1-800-255-6727
CANADA: 1-800-255-6727
USA: (201) 818-8171
Jaguar-Jaguar Cars, Inc.
555 MacArthur Boulevard
Mahwah, NJ 07430-2327
Jaguar Canada Inc.
#8 Indell Lane
Bramalea, Ontario L6T 4H3 Canada
Kawasaki Motors Corp
9950 Jeronimo Road
Irvine, CA 92718-2016
Lamborghini
27 Jayson Avenue
Great Neck, NY 11021
Land Rover North America
555 MacArthur Blvd
Mahwah, NJ 07430
Land Rover Canada
8 Indell Lane
Bramalea, ON
L6T 4H3 Canada
Motor Vehicle Title Manual
CANADA: (905) 792-9400
Ext. 242
(949) 460-5688
USA: (516) 829-8694
CANADA: (516) 829-8694
Michael J. Grossman
USA: 1-800-637-6837
CANADA: 1-800-346-3493
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TxDMV April 2014
List of Manufacturers to Notify For Proof of Compliance
Manufacturer
Contact Information
Lexus
One Toyota Place
Scarborough, Ontario
Canada M1H 1H9
Mazda North American Operations
Attn: International Imports/Exports
7755 Irvine Center Drive
Irvine, CA 92618-2922
Mercedes-Benz of North America
1 Mercedes Drive
Montvale, NJ 07645
Mercedes-Benz Canada
849 Eglinton Avenue East
Toronto, Ontario
Canada M4G 2L5
Mitsubishi Motors of America
6400 Kalella Avenue
Cypress, CA 90630
Nissan Motor Corporation
Porsche Cars of North America
Saab
CANADA: (416) 438-6535
USA: (949) 727-1990 extension 1114
FAX: (949) 727-6703 E-MAIL:
[email protected]
CANADA: (949) 727-1990
USA: (201) 573-2632
CANADA: 1-800-387-0100
866-876-3018
615-725-1000
1-800-767-7243
USA: (770) 279-6364
CANADA: (770) 279-6364
USA: 1-800-782-2783
FAX: (609) 488-0485
CANADA: 1-800-782-2783
Subaru of America, Inc.
Subaru Plaza
P. O. Box 6000
Cherry Hill, NJ 08034-6000
Suzuki-American Suzuki Motor Corp.
3251 East Imperial Highway
Post Office Box 1100
Brea, CA 92622-1100
Toyota-Toyota Motor Sales, Inc.
19001 South Western Avenue
P. O. Box 2991
Torrance, CA 90509-2991
Volkswagen of America, Inc.
Customer Relations Department
3800 Hamlin Road
Auburn Hills, MI 48326
Volvo Cars of North America, Inc.
Volvo Drive
Rockleigh, NJ 07647
Volvo Canada Ltd.
175 Gordon Baker Road
North York, Ontario
Canada M2H 2N7
Yamaha Motor Corporation
6555 Katella Avenue
Cypress, CA 90630-5101
Mike Schmitt
Motor Vehicle Title Manual
USA: (714) 996-7040
CANADA: (905) 889-2677
FAX: (714) 970-6005
800-331-4331
FAX: (310) 468-7814
USA: 1-800-822-8987
CANADA: 1-800-822-8987
USA: (201) 768-7300
FAX: (201) 784-4525
CANADA: 1-800-663-8255
FAX: (416) 493-8754
USA: (714) 761-7710
CANADA: (714) 761-7710
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Chapter 20
MILITARY
This chapter contains the following sections:
• 20.1 Persons on Active Duty in Armed Forces of United States
• 20.2 Entry of Motor Vehicles into the United States
• 20.3 Deployed Military Protections
20.1 Persons on Active Duty in Armed Forces of United
States
Transportation Code Section 502.457
(a) This section applies only to a used motor vehicle that is owned by a person
who:
(1) is on active duty in the armed forces of the United States;
(2) is stationed in or has been assigned to another nation under military orders;
and
(3) has registered the vehicle or been issued a license for the vehicle under the
applicable status of forces agreement by:
(A) the appropriate branch of the armed forces of the United States; or
(B) the nation in which the person is stationed or to which the person has
been assigned.
(b) The requirement that a used vehicle be registered under the law of this state does
not apply to a vehicle described by Subsection (a). In lieu of delivering the license
receipt to the transferee of the vehicle, as required by Section 501.0721, the person
selling, trading, or otherwise transferring a used motor vehicle described by
Subsection (a) shall deliver to the transferee:
(1) a letter written on official letterhead by the owner's unit commander attesting
to the registration of the vehicle under Subsection (a)(3); or
(2) the registration receipt issued by the appropriate branch of the armed forces
or host nation.
(c) A registration receipt issued by a host nation that is not written in the English
language must be accompanied by:
(1) a written translation of the registration receipt in English; and
(2) an affidavit, in English and signed by the person translating the registration
receipt, attesting to the person's ability to translate the registration receipt
into English.
The registration receipt and/or license plate issued by the armed forces or host nation
remains valid and a motor vehicle may be operated for 90 days after the vehicle is returned
to Texas. (Transportation Code §502.0025, refer to the TxDMV Motor Vehicle
Registration Manual.)
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Persons on Active Duty in Armed Forces of United States
The above law provides that under specific circumstances, persons who are on active duty
in the armed forces may apply for a Texas Certificate of Title without obtaining Texas
registration (title only).
Additional Requirements
In addition to the negotiable evidence of ownership that must be surrendered in support of
the Texas Certificate of Title, the applicant must meet the following requirements:
• The applicant must be a Texas resident.
• The applicant must be on active duty in the armed forces of the United States.
• The applicant must be stationed in or has been assigned to another Country under
military orders.
• The applicant must have registered the vehicle or been issued a license for the vehicle
under the applicable status of forces agreement (SOFA) by the appropriate branch of
the armed forces of the United States. A SOFA is an agreement between a country and
the United States who are stationing military forces in that country and defines the
legal status of entry and exit of personal property in the country.
Title Only
Required is the negotiable evidence of ownership, release of lien (if applicable), etc., a
Application for Title Only, Form VTR-131, and an Application for Texas Title, Form
130-U.
The applicant must provide the vehicle description, including vehicle year, make, body
style, license plate number, year of license, VIN, and registration sticker number, if
applicable.
• The third check box must be checked on the Form VTR-131 if the applicant is
applying for Texas title without Texas registration under Transportation Code,
§502.0025. This applies to Texas residents who are active military personnel and have
current registration in another country (military or registration under the host nation).
Proof of valid military registration must be provided to the County Tax
Assessor-Collector’s office. Valid proof includes: a letter written on official letterhead
by the applicant’s unit commander attesting to the registration of the vehicle or the
registration receipt issued by the appropriate branch of the armed forces or host nation.
• A registration receipt not written in English must be accompanied by a written
translation in English with a signed affidavit by the translator attesting to their ability
to translate the receipt into English.
The signature of the applicant on the Form VTR-131 verifies that the applicant
understands that the vehicle may not be operated on the public streets and highways of
Texas without the applicant obtaining and displaying current registration.
A Title Only may not be issued for slow-moving vehicles, ATVs, or ROVs.
The applicant does not have to provide proof of insurance at the time of application for
title without registration.
Vehicles with a Texas title obtained without registration are not subject to inspection
under Transportation Code Section 548.052.
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Entry of Motor Vehicles into the United States
Note: For additional information on other Title Only applications, refer to
Chapter 6, “Application and Issuance of Motor Vehicle Title”.
20.2 Entry of Motor Vehicles into the United States
Civilians and members of the United States Armed Forces who bring motor vehicles into
the United States must follow rules and regulations established by the federal government
and this department. An Out-of-State Identification Certificate, Form VI-30, issued by a
state appointed Safety Inspection Station must accompany any final application for a
vehicle brought into Texas. If the vehicle is located outside of Texas, a self-certification of
the vehicle identification number on an Application for Registration Purposes Only Form
VTR-272 or Vehicle Identification Number Self -certification, Form VTR-272-B may be
completed. (Refer to Chapter 18, “Out of State Requirements” for a complete discussion
of motor vehicle inspection requirements.)
There are several types of U. S. Military title and registration documents issued to military
personnel and individuals working for the military services in foreign countries, and these
documents are acceptable as evidence of ownership to support an application for Texas
title provided they agree with the motor vehicle description.
Foreign Titles
A title (or if no title, a registration receipt) issued by a foreign country is acceptable as
evidence of ownership to support an application for Texas title. (The registration receipt
issued by a foreign country is considered current evidence of ownership for six months
after expiration). (Refer to Chapter 19, “Imported Vehicles” for evidence of ownership
requirements for imported and foreign vehicles.)
Post Exchanges
When Post Exchanges (PXs) that are located on property controlled by a branch of the
Armed Forces of the United States, sell new vehicles as part of their normal business, the
PX acts as an authorized selling agent for a manufacturer and issues a “Manufacturer’s
Certificate of Ownership (MCO)” to the purchaser. Such MCOs may support an
application for Texas title. The use of these certificates arises most frequently on motor
vehicles imported from countries which require the registration receipt or booklet to be
surrendered when the motor vehicle leaves the country, or in some cases, because the
purchaser shipped the motor vehicle to the United States immediately upon purchase. In
such cases, the MCO would be the only evidence of ownership the applicant would
possess, and in others the registration receipt is the latest evidence, although the owner
may still possess the MCO. The status of any lien should be requested and if a lien is
shown on the MCO and not paid, the lien should be shown on the Texas title.
When a motor vehicle is owned and operated by a PX, the vehicle must be transferred on
the United States Government, Certificate to obtain Title to a Vehicle, Form 97. The PX is
considered an agency of the Federal Government and, therefore, must provide the
purchaser of a PX owned and operated motor vehicle with a Form 97.) If the purchaser
loses the Form 97, a Tax Assessor-Collector Hearing, Bonded Title, or Court Order are
the applicant’s available options.
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Deployed Military Protections
20.3 Deployed Military Protections
Military members deployed prior to September 1, 2009 have protections under the Service
Members Civil Relief Act (SCRA) that could result in a filing under pre August 31, 2009
requirements. The SCRA states that a person holding a lien on the property or effects of a
service member may not, during any period of military service of the service member and
for 90 days thereafter, foreclose or enforce any lien on such property or effects without a
court order granted before foreclosure or enforcement.
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Chapter 21
THEFT AND FRAUDULENT ACTIVITIES
This chapter contains the following sections:
• 21.1 Definitions
• 21.2 Record of Stolen or Concealed Motor Vehicle
• 21.3 Placement of Serial Number With Intent to Change Identity
• 21.4 Rightful Owner/Right of Possession
• 21.5 Justice of the Peace Orders
• 21.6 Sale or Offer Without Title Receipt or Title
• 21.7 Application for Title for Stolen or Concealed Vehicle
• 21.8 Alteration of Certificate or Receipt
• 21.9 False Name, False Information and Forgery
• 21.10 Penalties
• 21.11 Seizure of Stolen Vehicle or Vehicle With Altered Vehicle Identification
Number
21.1 Definitions
•
•
•
“Stolen” used in reference to the acquisition of property, includes property acquired by
theft.
“Conversion” is the selling of legally possessed property without being the legal
owner or operating legally possessed property to one's own personal gain or use
without permission from the legal owner.
“Concealed motor vehicle” may be applied to a mortgaged vehicle, sold without the
consent of the lienholder, or to a mortgaged vehicle when either the vehicle or the
registered owner of the vehicle is removed to an unknown location so that necessary
legal papers cannot be served or the vehicle seized.
21.2 Record of Stolen or Concealed Motor Vehicle
Transportation Code Section 501.135
(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
(2) note the fact of the report in the department's records.
(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.
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Record of Stolen or Concealed Motor Vehicle
Law Enforcement Procedures
Whenever the owner of a motor vehicle reports to a law enforcement agency that their
vehicle has been stolen, converted, or concealed, the enforcement agency notifies the
Texas Department of Public Safety (DPS) and a “Stolen” remark is placed on the vehicle
record. If the department receives an application for title involving such vehicle, the
transaction returns to the County Tax Assessor-Collector, and all parties involved are
advised that title will not be issued until the “Stolen” remark is removed by the applicable
law enforcement agency.
Titles Marked Stolen
Generally, when a “Stolen” remark appears in a vehicle's title record, the department
rejects an application for title. However, in some cases, a title may be issued depending
upon the circumstances and presentation of certain evidence. In these instances, the
“Stolen” remark carries forward. A title may be issued for a vehicle with a “Stolen”
remark on the vehicle record, under the following instances:
1. Stolen After the Date of Transfer
A Texas Title to a vehicle on which a “Stolen” remark appears in the vehicle record issues
only when the vehicle was stolen after the date of transfer to the person from whom it was
stolen. In this instance, a title issues in the name of the applicant, if the applicant is the
person from whom the vehicle was stolen and such evidence is presented to the
department. In addition to the title transaction, a copy of the theft report filed with law
enforcement must accompany as supporting evidence. Occasionally, a transaction may be
held by a dealer before being filed with the County Tax Assessor-Collector, and if the
vehicle is stolen during this time, it does not affect the issuance of the original Texas title.
When title is issued, the “Stolen” remark carries forward to the new title record.
2. Corrected Title
A corrected title to record a lien for a vehicle with a “Stolen” remark appears on the
vehicle record only when the vehicle was stolen after the date it was encumbered. In this
instance, the applicant must furnish to the department a copy of the theft report, filed with
law enforcement. If the theft report was filed before the date of encumbrance, the title
does not issue. If the theft report was filed after the date of encumbrance, title issues, and
the “Stolen” remark carried forward to the new title record.
3. Certified Copy of Title
A certified copy of title for a vehicle on which a “Stolen” remark appears on the vehicle
record issues when an affidavit from the recorded owner states that the title is lost, and
outlines the reasons why certified copy is needed, such as the title being necessary for
settlement of the claim by the insurance company.
• The department rejects applications for certified copy original titles and advises the
applicant of the stolen remark and the necessity of its removal before title can be
issued.
• If, the application is resubmitted accompanied by the above mentioned affidavit, the
certified copy original title issues.
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Placement of Serial Number With Intent to Change Identity
Total Loss Claims on Stolen Vehicles
When an insurance company pays a total loss claim on a stolen vehicle, the insurance
company must apply for a negotiable title in the company name. This should be done
immediately in order for the insurance company to be notified by law enforcement when
the vehicle is recovered. Salvage ownership documents are not issued to insurance
companies for stolen vehicles on which titles are obtained because of paying total loss
claims.
Application for Title
Application for title in the name of the insurance company should be supported by proper
evidence of ownership, such as negotiable title or manufacturer's certificate. Any recorded
liens must be released or carried forward, and the owner's interest must be released by
assignment of title or by attachment of a Power of Attorney (POA) or Proof of Loss
Statement. (If a POA is attached, the assignment must be completed by the person
authorized by the POA).
Application Fees
The insurance company must pay the title application fee. The registration fee, registration
transfer fee, delinquent transfer penalty, and sales or use tax fee requirements are waived
provided the stolen remark is on the vehicle record and the insurance company attaches a
statement that the vehicle is a stolen vehicle on which the company has paid a total loss
claim if the stolen vehicle was previously titled out of state. The Vehicle Identification
Certificate, VI-30, issued by a state safety inspection station may also be waived;
however, a “VIN Certification Waived” remark must be added to the vehicle record. An
odometer reading and brand is required, but may be carried forward from the surrendered
title if the current reading and brand is unavailable.
Vehicle Record
The “Stolen” remark carries forward in the vehicle record.
Recovered Stolen Vehicles
If the stolen vehicle is recovered prior to filing an application for Texas title, the insurance
company is not required to apply for title. Instead, the insurance company may reassign a
regular title (negotiable Texas title, or out of state original or certified copy) to the new
purchaser.
If the recovered vehicle is damaged to the extent that it is a salvage or nonrepairable
vehicle, the insurance company must apply for the appropriate salvage ownership
document (Refer to the TxDMV Salvage/Nonrepairable Motor Vehicle Manual for the
applicable procedure).
21.3 Placement of Serial Number With Intent to Change
Identity
Transportation Code Section 501.151
(a) A person commits an offense if the person stamps or places a serial number on
a vehicle or part of a vehicle with the intent of changing the identity of the
vehicle.
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(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
(2) the department, and the person was:
(A) discharging official duties as an agent of the department; or
(B) complying with department rule as an applicant for a serial number
assigned by the department.
(c) An offense under this section is a felony of the third degree.
21.4 Rightful Owner/Right of Possession
With reference to the term “rightful owner” as used in this chapter, the applicant is
recognized as the rightful owner; and no further determination is needed if the
identification number recorded on the evidence of ownership ties in with the true
identification number affixed to the vehicle or component part for which the assigned
number is applied. This determination, as a general rule, is made by the department
through a comparison of the evidence of ownership submitted by the applicant against the
assigned number application and the inspection report executed by a law enforcement
officer as described in Inspection under Chapter 13, Section 13.9 Reassigned Vehicle
Identification Number (VIN).
The department cannot determine ownership if the identification number shown on the
evidence of ownership cannot be tied in with the true identification number on the vehicle
or component part. The owner must obtain a court order from a court of competent
jurisdiction to prove ownership. They must attach the court order to the application to
receive an assigned number. A Justice of the Peace court order for title and ownership of a
vehicle should be accepted in the same way that all county and district court orders are
accepted.
21.5 Justice of the Peace Orders
See Transportation Code Section 501.0521
When a Justice of the Peace (JP) or Municipal Judge holds an examining trial to determine
disposition of property alleged as stolen, the JP or Municipal Judge may issue an order to
release the property to the person determined to have rightful possession. A Justice of the
Peace or Municipal Judge cannot not award vehicle ownership; therefore, a Justice of the
Peace or Municipal Judge Order is not acceptable to support application for title unless
provided for in Chapter 47, Code of Criminal Procedure (Stolen Vehicle) or Section
27.031(a)(3), Government Code. The vehicle owner may pursue a County Tax
Assessor-Collector hearing, or obtain a district or county court order when the vehicle
does not fall into the purview of Chapter 47, Code of Criminal Procedure.
A JP or Municipal Judge Order issued in accordance with Article 47.01a(b), Code of
Criminal Procedures which orders a vehicle delivered to a government agency is
acceptable for that agency to obtain a certificate of title and Exempt license plates.
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21.6 Sale or Offer Without Title Receipt or Title
Refer to Sale or Offer without Title Receipt or Title under Chapter 9, Section 9.2 Sale of
Vehicle; Transfer of Title.
21.7 Application for Title for Stolen or Concealed Vehicle
Transportation Code Section 501.153
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.
When an application for title is applied for by an insurance company as a result of the
payment of a theft by conversion claim, the title transaction must be accompanied by an
Affidavit for a Repossessed Motor Vehicle, Form VTR-264, completed by the lienholder
and a notarized statement from the insurance company verifying that a theft by conversion
total loss claim has been paid. The license number on the Application for Texas Certificate
of Title, Form 130-U and the license number on the Application Receipt, Form
VTR-500-RTS, should be left blank when registration is not transferred.
21.8 Alteration of Certificate or Receipt
Refer to Chapter 6, Section 6.11 Alteration of Certificate or Receipt.
21.9 False Name, False Information and Forgery
Transportation Code Section 501.155
(a) 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;
(2) an application for a certified copy of an original title;
(3) an assignment of title for a motor vehicle;
(4) a discharge of a lien on a title for a motor vehicle; or
(5) any other document required by the department or necessary to the transfer of
ownership of a motor vehicle.
(b) An offense under this section is a felony of the third degree.
21.10 Penalties
Transportation Code Section 501.157
(a) Unless otherwise provided by this chapter, an offense under this chapter is a
misdemeanor punishable by a fine of not less than $1 or more than $100 for the
first offense. If a person is subsequently convicted of the same offense, at the
jury's discretion, a person may be fined not less than $2 or more than $200.
(b) A person commits an offense if the person violates Subchapter E or a rule adopted
under that subchapter. An offense under this subsection is a Class A misdemeanor.
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21.11 Seizure of Stolen Vehicle or Vehicle With Altered
Vehicle Identification Number
Transportation Code Section 501.158
(a) A peace officer may seize a vehicle or part of a vehicle without a warrant if the
officer has probable cause to believe that the vehicle or part:
(1) is stolen; or
(2) has had the vehicle identification number removed, altered, or obliterated.
(b) A vehicle or part seized under this section may be treated as stolen property for
purposes of custody and disposition of the vehicle or part.
The department issues an assigned component part number to any person who has been
determined to be the rightful owner of any motor vehicle component part - motor,
transmission, frame, or body - if the manufacturer's identification number has been
removed, changed, or obliterated. A distinctive type number is assigned to each
component part, and these numbers are to be die stamped on the components in a location
prescribed by the department. (See Chapter 13, “Vehicle Identification Numbers” for
more information regarding assigned/reassigned numbers).
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Chapter 22
ABANDONED VEHICLES
This chapter contains the following sections:
• 22.1 Definitions
• 22.2 Taking Custody of Abandoned Motor Vehicle
• 22.3 Auction or Use of Abandoned Items; Waiver of Rights
• 22.4 Garagekeeper’s Duties: Abandoned Motor Vehicles
• 22.5 Disposal of Vehicle Abandoned in Storage Facility
• 22.6 Disposal to Demolisher
• 22.7 Vehicles Abandoned in Coastal Waters
• 22.8 Public Nuisance Vehicles
• 22.9 Miscellaneous: Statutes, Uses, Offense, Etc.
22.1 Definitions
Transportation Code Section 683.001
In this chapter:
(1) “Department” means the Texas Department of Motor Vehicles.
(2) “Garagekeeper” means an owner or operator of a storage facility.
(3) “Law enforcement agency” means:
(A) the Department of Public Safety;
(B) the police department of a municipality;
(C) the police department of an institution of higher education; or
(D) a sheriff or a constable.
(4) “Motor vehicle” means a vehicle that is subject to registration under Chapter
501.
(5) “Motor vehicle demolisher” means a person in the business of:
(A) converting motor vehicles into processed scrap or scrap metal; or
(B) wrecking or dismantling motor vehicles.
(6) “Outboard motor” means an outboard motor subject to registration under
Chapter 31, Parks and Wildlife Code.
(7) “Storage facility” includes a garage, parking lot, or establishment for the
servicing, repairing, or parking of motor vehicles.
(8) “Watercraft” means a vessel subject to registration under Chapter 31, Parks
and Wildlife Code.
(9) “Abandoned nuisance vehicle” means a motor vehicle that is at least 10 years
old and is of a condition only to be junked, crushed, or dismantled.
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Definitions
(10) “Vehicle storage facility” means a vehicle storage facility, as defined by
Section 2303.002, Occupations Code, which is operated by a person who
holds a license issued under Chapter 2303 of that code to operate that vehicle
storage facility.
(11) “Aircraft” has the meaning assigned by Section 24.001.
Abandoned Motor Vehicle
Transportation Code Section 683.002
(a) For the purposes of this chapter, a motor vehicle is abandoned if the motor
vehicle:
(1) is inoperable, is more than five years old, and has been left unattended on
public property for more than 48 hours;
(2) has remained illegally on public property for more than 48 hours;
(3) has remained on private property without the consent of the owner or person
in charge of the property for more than 48 hours;
(4) has been left unattended on the right-of-way of a designated county, state, or
federal highway for more than 48 hours; or
(5) has been left unattended for more than 24 hours on the right-of-way of a
turnpike project constructed and maintained by the Texas Turnpike Authority
division of the Texas Department of Transportation or a controlled access
highway; or
(6) is considered an abandoned motor vehicle under Section 644.153(r).
(b) In this section, “controlled access highway” has the meaning assigned by Section
541.302.
Conflict of Laws; Effect on Other Laws defines an abandoned motor vehicle.
Note: A “controlled access highway” means a highway or roadway to which
persons, including owners or occupants, of abutting real property have no
right of access; and access by persons to enter or exit the highway or roadway
is restricted under law except at a place and in the manner determined by the
authority that has jurisdiction over the highway or roadway.
Junked Vehicle
Transportation Code Section 683.071 (Two Versions HB 787 82nd Legislature)
(a) In this subchapter, “Junked Vehicle” means a vehicle that:
(1) is self-propelled and:
(2) is:
(A) wrecked, dismantled or partially dismantled, or discarded; or
(B) is inoperable and has remained inoperable for more than:
(i) 72 consecutive hours, if the vehicle is on public property; or
(ii) 30 consecutive days, if the vehicle is on private property.
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(b) For purposes of this subchapter, “junked vehicle” includes a motor vehicle,
aircraft, or watercraft. This subchapter applies only to:
(1) a motor vehicle that does not have lawfully attached to it:
(A) an unexpired license plate; and
(B) a valid motor vehicle inspection certificate;
(2) an aircraft that does not have lawfully printed on the aircraft an unexpired
federal aircraft identification number registered under Federal Aviation
Administration aircraft registration regulations in 14 C.F.R. Part 47; or
(3) a watercraft that:
(A) does not have lawfully on board an unexpired certificate of number; and
(B) is not a watercraft described by Section 31.055, Parks and Wildlife Code.
Transportation Code Section 683.071 (Two Versions HB 1376 82nd Legislature)
In this subchapter, “junked vehicle” means a vehicle that is self-propelled and:
(1) displays an expired license plate or invalid motor vehicle inspection
certificate or does not display a license plate or motor vehicle inspection
certificate; and
(2) is:
(A) wrecked, dismantled or partially dismantled, or discarded; or
(B) is inoperable and has remained inoperable for more than:
(i) 72 consecutive hours, if the vehicle is on public property; or
(ii) 30 consecutive days, if the vehicle is on private property.
22.2 Taking Custody of Abandoned Motor Vehicle
Transportation Code Section 683.011
(a) A law enforcement agency may take into custody an abandoned motor vehicle,
aircraft, watercraft, or outboard motor found on public or private property.
(b) A law enforcement agency may use agency personnel, equipment, and facilities or
contract for other personnel, equipment, and facilities to remove, preserve, store,
send notice regarding, and dispose of an abandoned motor vehicle, aircraft,
watercraft, or outboard motor taken into custody by the agency under this
subchapter.
Transportation Code Section 683.012
(a) A law enforcement agency shall send notice of abandonment to:
(1) the last known registered owner of each motor vehicle, aircraft, watercraft, or
outboard motor taken into custody by the agency or for which a report is
received under Section 683.031; and
(2) each lienholder recorded:
(A) under Chapter 501 for the motor vehicle;
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(a)
(b)
(c)
(d)
(B) with the Federal Aviation Administration or the secretary of state for the
aircraft; or
(C) under Chapter 31, Parks and Wildlife Code, for the watercraft or
outboard motor.
A law enforcement agency that takes into custody an aircraft shall contact the
Federal Aviation Administration in the manner described by Section 22.901 to
attempt to identify the owner of the aircraft before sending the notice required
by Subsection (a).
The notice under Subsection (a) must:
(1) be sent by certified mail not later than the 10th day after the date the agency:
(A) takes the abandoned motor vehicle, aircraft, watercraft, or outboard
motor into custody; or
(B) receives the report under Section 683.031;
(2) specify the year, make, model, and identification number of the item;
(3) give the location of the facility where the item is being held;
(4) inform the owner and lienholder of the right to claim the item not later than
the 20th day after the date of the notice on payment of:
(A) towing, preservation, and storage charges; or
(B) garagekeeper's charges and fees under Section 683.032 and, if the
vehicle is a commercial motor vehicle impounded under Section
644.153(q), the delinquent administrative penalty and costs; and
(5) state that failure of the owner or lienholder to claim the item during the period
specified by Subdivision (4) is:
(A) a waiver by that person of all right, title, and interest in the item; and
(B) consent to the sale of the item at a public auction.
Notice by publication in one newspaper of general circulation in the area where
the motor vehicle, aircraft, watercraft, or outboard motor was abandoned is
sufficient notice under this section if:
(1) the identity of the last registered owner cannot be determined;
(2) the registration has no address for the owner; or
(3) the determination with reasonable certainty of the identity and address of all
lienholders is impossible.
Notice by publication:
(1) must be published in the same period that is required by Subsection (b) for
notice by certified mail and contain all of the information required by that
subsection; and
(2) may contain a list of more than one abandoned motor vehicle, aircraft,
watercraft, or outboard motor.
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(e) A law enforcement agency is not required to send a notice, as otherwise required
by Subsection (a), if the agency has received notice from a vehicle storage facility
that an application has or will be submitted to the department for the disposal of
the vehicle.
(f) In addition to the notice required under Subsection (a), if a law enforcement
agency takes an abandoned motor vehicle into custody, the agency shall notify a
person that files a theft report or similar report prepared by any law enforcement
agency for the vehicle of that fact. The notice must be sent by regular mail on the
next business day after the agency takes the vehicle into custody. The law
enforcement agency shall also provide the name and address of the person that
filed the theft report or similar report to the vehicle storage facility or
governmental vehicle storage facility that is storing the vehicle.
When an abandoned vehicle is taken into Custody by a Law Enforcement Agency
(Transportation Code Section 683.012) the following applies:
• A law enforcement agency means the Texas Department of Public Safety, the police
department of any municipality, the police department of an institution of higher
education, or the sheriff or a constable of any county within this State.
• A garagekeeper means an owner or operator of a storage facility. A storage facility
includes a garage, parking lot, or establishment for the servicing, repairing, or parking
of motor vehicles.
Towed Vehicles
A law enforcement agency or operator of a storage facility who receives a vehicle that has
been towed to the facility at the request of law enforcement must send a written notice to
the registered owner and each lienholder within 10 days.
The agency or operator must send the notice by certified mail, return receipt requested,
and it must contain:
• the vehicle description (year, make, model and vehicle identification number);
• the type and amount of all charges due when the vehicle is claimed;
• the location of the facility where the vehicle is held (full name, street address, and
telephone number of the facility);
• the owner and lienholder’s right to claim the vehicle within 20 days upon payment of
charges due; and
• the consequences for failure to reclaim the vehicle.
Garage Charges and Responsibilities
Transportation Code Section 683.013
A law enforcement agency or the agent of a law enforcement agency that takes into
custody an abandoned motor vehicle, aircraft, watercraft, or outboard motor is entitled to
reasonable storage fee:
(1) for not more than 10 days, beginning on the day the item is taken into custody
and ending on the day the required notice is mailed; and
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(2) beginning on the day after the day the agency mails notice and ending on the
day accrued charges are paid and the vehicle, aircraft, watercraft, or
outboard motor is removed.
Until the notice is mailed, a law enforcement agency or garagekeeper may not charge
more than 10 days storage, in addition to towing, notification, and preservation fees
incurred on the abandoned vehicle. (Transportation Code Section 683.013)
If there is no record of title, notice may be made by publication in a local newspaper. The
newspaper publication:
• must appear in the same time period that is required for notice by certified mail;
• must contain all of the same information as required for the certified mail notice; and
• may contain a list of more than one abandoned motor vehicle.
• A law enforcement agency has custody if the agency:
• has physical custody of the vehicle;
• has given notice to the storage facility that the agency intends to dispose of the
vehicle; or
• has received a report of the abandonment from the garagekeeper.
The garagekeeper is required to report the abandonment of the motor vehicle and pay a
$10.00 fee to the law enforcement agency in the jurisdiction where the vehicle is located
or the Department of Public Safety within 7 days of the vehicle being deemed abandoned
(Transportation Code Section 683.031, Transportation Code Section 683.032).
A garagekeeper who fails to report an abandoned vehicle to a law enforcement agency
within 7 days after the date it becomes abandoned may not claim reimbursement for
storage of the vehicle.
Within 10 days of receiving an abandoned motor vehicle report and the applicable fee
from a garagekeeper, the law enforcement agency or the Department of Public Safety is
required to notify the registered owner and lienholder of record that the vehicle has been
taken into custody.
22.3 Auction or Use of Abandoned Items; Waiver of Rights
Transportation Code Section 683.014
(a) If an abandoned motor vehicle, aircraft, watercraft, or outboard motor is not
claimed under Section 683.012:
(1) the owner or lienholder:
(A) waives all rights and interests in the item; and
(B) consents to the sale of the item by public auction or the transfer of the
item, if a watercraft, as provided by Subsection (d); and
(2) the law enforcement agency may sell the item at a public auction, transfer the
item, if a watercraft, as provided by Subsection (d), or use the item as
provided by Section 683.016.
(b) Proper notice of the auction shall be given. A garagekeeper who has a
garagekeeper’s lien shall be notified of the time and place of the auction.
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(c) The purchaser of a motor vehicle, aircraft, watercraft, or outboard motor:
(1) takes title free and clear of all liens and claims of ownership;
(2) shall receive a sales receipt from the law enforcement agency; and
(3) is entitled to register the motor vehicle, aircraft, watercraft, or outboard
motor with and receive a certificate of title from the appropriate authority.
(d) On consent of the Parks and Wildlife Department, the law enforcement agency
may transfer a watercraft that is not claimed under Section 683.012 to the Parks
and Wildlife Department for use as part of an artificial reef under Chapter 89,
Parks and Wildlife Code, or for other use by the Parks and Wildlife Department
permitted under the Parks and Wildlife Code. On transfer of the watercraft, the
Parks and Wildlife Department:
(1) takes title free and clear of all liens and claims of ownership; and
(2) is entitled to register the watercraft and receive a certificate of title.
Auction Proceeds
Transportation Code Section 683.015
(a) A law enforcement agency is entitled to reimbursement from the proceeds of the
sale of an abandoned motor vehicle, aircraft, watercraft, or outboard motor
for:
(1) the cost of the auction;
(2) towing, preservation, and storage fees resulting from the taking into custody;
and
(3) the cost of notice or publication as required by Section 683.012.
(b) After deducting the reimbursement allowed under Subsection (a), the proceeds of
the sale shall be held for 90 days for the owner or lienholder of the vehicle.
(c) After the period provided by Subsection (b), proceeds unclaimed by the owner or
lienholder shall be deposited in an account that may be used for the payment of
auction, towing, preservation, storage, and notice and publication fees resulting
from taking other vehicles, aircraft, watercraft, or outboard motors into custody if
the proceeds from the sale of the other items are insufficient to meet those fees.
(d) A municipality or county may transfer funds in excess of $1,000 from the account
to the municipality’s or county’s general revenue account to be used by the law
enforcement agency or, if the vehicle, aircraft, watercraft, or outboard motor was
located in a county of less than 150,000, by the attorney representing the state.
(e) If the vehicle is a commercial motor vehicle impounded under Section 644.153(q),
the Department of Public Safety is entitled from the proceeds of the sale to an
amount equal to the amount of the delinquent administrative penalty and costs.
(f) A law enforcement agency may use funds transferred under Subsection (d) to
compensate property owners whose property was damaged as a result of a pursuit
involving the law enforcement agency, regardless of whether the agency would be
liable under Chapter 101, Civil Practice and Remedies Code.
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(g) Before a law enforcement agency may compensate a property owner under
Subsection (f) using funds transferred to a county under Subsection (d), the sheriff
or constable must submit the proposed payment for compensation for
consideration, and the commissioners court shall consider the proposed payment
for compensation, at the next regularly scheduled meeting of the commissioners
court.
(h) In this section, “attorney representing the state” means a district attorney,
criminal district attorney, or county attorney performing the duties of a district
attorney.
If the vehicle is not reclaimed and the charges paid within 20 days, it may be sold at a
public auction by the law enforcement agency by use of the department’s Auction Sales
Receipt for an Abandoned Motor Vehicle Sold by a Law Enforcement Agency at Public
Auction, Form VTR-71-1. This form, when properly completed by a law enforcement
agency, is acceptable as valid evidence of ownership in place of the certificate of title.
Note: The law enforcement agency must indicate any value limiting remarks from
the vehicle record on the form. Examples include “salvage,” “rebuilt salvage,”
or “reconditioned,” etc.
The purchaser at public auction takes title to the motor vehicle free and clear of all liens
and claims of ownership (a release of any recorded lien is not required). However, if the
vehicle is purchased by an out-of-state/country resident, the Form VTR-71-1, may not be
acceptable in their state/country, and as a non-Texas resident, they may not apply for title
in Texas.
The purchaser shown on the Form VTR-71-1 must title in their name before sale to a
subsequent purchaser, except as provided below.
• If the purchaser is a Texas licensed dealer, the dealer may transfer the vehicle by
completing a Dealer's Reassignment of Title for a Motor Vehicle, Form VTR-41-A,
or,
• If the purchaser is a demolisher or a motor vehicle salvage dealer, the Form
VTR-71-1 must be listed on the demolisher's inventory sheet, (Receipt for
Surrendered Titles and Other Evidence of Ownership, Form VTR-340) and
surrendered to the department in place of the certificate of title. (Transportation Code
Section 501.1003, Transportation Code Section 683.056, Transportation Code Section
683.057, and Occupations Code section 2302.257)
Application for Title
The purchaser must file an Application for Texas Title, Form 130-U, supported by the
Form VTR-71-1, with the local County Tax Assessor-Collector where the purchase took
place, the purchaser resides, or where the vehicle is encumbered.
1. Evidence of notification to the owner and lienholder is not required to support an
application for title when an Auction Sales Receipt for an Abandoned Motor Vehicle
Sold by a Police Department at Public Auction, Form VTR 71-1, is surrendered as the
evidence of ownership. An application for title supported by this form must also
include:
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Garagekeeper’s Duties: Abandoned Motor Vehicles
•
2.
verification of the latest Texas Inquiry or out-of-state title and registration record
found; or
• if no record of title and registration is found, the original or copy of the newspaper
publication providing the year, model, make, and vehicle identification number of
the vehicle being titled.
An odometer disclosure statement is required unless exempted (Refer to Chapter 15,
Section 15.2 Vehicles Exempt from Disclosure)
3.
An Out-of-state Identification Certificate, Form VI-30, is required if the vehicle was
last registered and titled or registered out-of-state.
4.
A weight certificate is required to support an application for the title covering a
commercial vehicle, if applicable, as explained in Chapter 10, “Evidence of
Ownership”.
5.
A copy of current proof of liability insurance in the applicant’s name is also required,
if registering.
If the vehicle is not taken into custody by the law enforcement agency within 31 days after
the notification is mailed, the garagekeeper may dispose of the vehicle.
22.4 Garagekeeper’s Duties: Abandoned Motor Vehicles
Transportation Code Section 683.031
(a) A motor vehicle is abandoned if the vehicle is left in a storage facility operated
for commercial purposes after the 10th day after the date on which:
(1) the garagekeeper gives notice by registered or certified mail, return receipt
requested, to the last known registered owner of the vehicle and to each
lienholder of record of the vehicle under Chapter 501 to remove the vehicle;
(2) a contract for the vehicle to remain on the premises of the facility expires; or
(3) the vehicle was left in the facility, if the vehicle was left by a person other than
the registered owner or a person authorized to have possession of the vehicle
under a contract of use, service, storage, or repair.
(b) If notice sent under Subsection (a) (1) is returned unclaimed by the post office,
substituted notice is sufficient if published in one newspaper of general circulation
in the area where the vehicle was left.
(c) The garagekeeper shall report the abandonment of the motor vehicle to a law
enforcement agency with jurisdiction where the vehicle is located and shall pay a
$10 fee to be used by the law enforcement agency for the cost of the notice
required by this subchapter or other cost incurred in disposing of the vehicle.
(d) The garagekeeper shall retain custody of an abandoned motor vehicle until the
law enforcement agency takes the vehicle into custody under Section 683.034.
The provisions of Transportation Code Section 683.031 deems “abandoned” as those
motor vehicles left in a storage facility operated for commercial purposes (garage, parking
lot, or any type of facility or establishment for the servicing, repairing, storing, or parking
of motor vehicles) after the tenth day on which:
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The garagekeeper gives notice by registered or certified mail, return receipt requested, to
the owner and any lienholder of record to pick up the vehicle. (Until the notice is mailed, a
garagekeeper may not charge more than five days storage.)
A contract for the vehicle to remain at the facility has expired; or the vehicle was left by a
person other than the registered owner or a person authorized to have possession of the
vehicle under a contract of use, service, storage, or repair.
1. The garagekeeper is required to report the abandonment of the motor vehicle and pay a
$10.00 fee to the law enforcement agency with jurisdiction where the vehicle is
located within 7 days of the vehicle being deemed abandoned (Transportation Code
Section 683.031).
2.
A garagekeeper who fails to report an abandoned vehicle to a law enforcement agency
within 7 days after the date it becomes abandoned may not claim reimbursement for
storage of the vehicle.
3.
The law enforcement agency must notify the last known registered owner and each
lienholder of record, by certified mail that the vehicle has been taken into custody.
4.
Custody of the vehicle must remain with the garagekeeper until taken into custody by
the law enforcement agency and sold by the law enforcement agency at public auction
in the same manner and under the same conditions as explained in Garage Charges and
Responsibilities, in this chapter.
5.
The garagekeeper applies the proceeds of the sale to charges for servicing, storage, or
repair. The law enforcement agency receives two percent of the sale or all of the
proceeds if the gross proceeds are less than $10.00, for the expense incurred in
handling and auctioning the vehicle.
6.
If the vehicle is not taken into custody by the law enforcement agency within 31 days
after the notification is mailed, the garagekeeper may dispose of the vehicle under:
•
•
Chapter 70, Property Code, by using Form VTR 265-S (Refer to Chapter 23,
“Foreclosure of Miscellaneous Liens” for disposal procedures), or
Chapter 2303, Occupations Code (only if the storage facility is a licensed storage
facility and the possession of the vehicle is non-consensual), by using Form VTR
265-VSF. (Refer to Chapter 23, “Foreclosure of Miscellaneous Liens” for disposal
procedures.)
Garagekeeper’s Fees and Charges
Transportation Code Section 683.032
(a) A garagekeeper who acquires custody of a motor vehicle for a purpose other
than repair is entitled to towing, preservation, and notification charges and
reasonable storage fees, in addition to storage fees earned under a contract, for
each day:
(1) not to exceed five days, until the notice described by Section 683.031(a) is
mailed; and
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(2) after notice is mailed, until the vehicle is removed and all accrued charges are
paid.
(b) A garagekeeper who fails to report an abandoned motor vehicle to a law
enforcement agency within seven days after the date it is abandoned may not claim
reimbursement for storage of the vehicle.
(c) This subchapter does not impair any lien that a garagekeeper has on a vehicle
except for the termination or limitation of claim for storage for the failure to
report the vehicle to the law enforcement agency.
Unauthorized Storage Fee; Offense
Transportation Code Section 683.033
(a) A person commits an offense if the person charges a storage fee for a period for
which the fee is not authorized by Section 683.032.
(b) An offense under this subsection is a misdemeanor punishable by a fine of not less
than $200 or more than $1,000.
22.5 Disposal of Vehicle Abandoned in Storage Facility
Transportation Code Section 683.034
(a) A law enforcement agency shall take into custody an abandoned vehicle left in a
storage facility that has not been claimed in the period provided by the notice
under Section 683.012. In this section, a law enforcement agency has custody if
the agency:
(1) has physical custody of the vehicle;
(2) has given notice to the storage facility that the law enforcement agency
intends to dispose of the vehicle under this section; or
(3) has received a report under Section 683.031(c) and the garagekeeper has met
all of the requirements of that subsection.
(b) The law enforcement agency may use the vehicle as authorized by Section 683.016
or sell the vehicle at auction as provided by Section 683.014. If a vehicle is sold,
the proceeds of the sale shall first be applied to a garagekeeper's charges for
providing notice regarding the vehicle and for service, towing, impoundment,
storage, and repair of the vehicle.
(c) As compensation for expenses incurred in taking the vehicle into custody and
selling it, the law enforcement agency shall retain:
(1) two percent of the gross proceeds of the sale of the vehicle; or
(2) all the proceeds if the gross proceeds of the sale are less than $10.
(d) Surplus proceeds shall be distributed as provided by Section 683.015.
(e) If the law enforcement agency does not take the vehicle into custody before the
31st day after the date the vehicle was reported abandoned under Section 683.031:
(1) the law enforcement agency may not take the vehicle into custody; and
(2) the storage facility may dispose of the vehicle under:
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(A) Chapter 70, Property Code, except that notice under Section 683.012
satisfies the notice requirements of that chapter; or
(B) Chapter 2303, Occupations Code, if the storage facility is a vehicle
storage facility.
22.6 Disposal to Demolisher
Transportation Code Section 683.051
A person may apply to the department for authority:
(1) to sell, give away, or dispose of a motor vehicle to a motor vehicle demolisher
if:
(A) the person owns the motor vehicle and the certificate of title to the vehicle
is lost, destroyed, or faulty; or
(B) the vehicle is an abandoned motor vehicle and is:
(i) in the possession of the person; or
(ii) located on property owned by the person; or
(2) to dispose of a motor vehicle to a motor vehicle demolisher for demolition,
wrecking, or dismantling if:
(A) the abandoned motor vehicle:
(i) is in the possession of the person;
(ii) is more than eight years old;
(iii) either has no motor or is otherwise totally inoperable or does not
comply with all applicable air pollution emissions control related
requirements included in: (aa) the vehicle inspection requirements
under Chapter 548, as evidenced by a current inspection certificate
affixed to the vehicle windshield; or (bb) the vehicle emissions
inspection and maintenance requirements contained in the Public
Safety Commission's motor vehicle emissions inspection and
maintenance program under Subchapter F, Chapter 548, or the
state's air quality state implementation plan; and
(iv) was authorized to be towed by a law enforcement agency; and
(B) the law enforcement agency approves the application.
Forms: Application for Authority to Dispose of a Motor Vehicle to a Demolisher, Form
VTR-71-2 and Application for Authority to Dispose of a Motor Vehicle to a Demolisher,
Form VTR-71-2X (Law enforcement)
Fee: $2
Transportation Code Section 683.051 provides a procedure where any person (including a
firm, corporation or unit of government) may apply to the department for authority to sell,
give away, or dispose of a motor vehicle to a demolisher for demolition, wrecking, or
dismantling only, if:
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•
•
the person owns the motor vehicle and the certificate of title is lost, destroyed, or
faulty; or
the vehicle is an abandoned motor vehicle in the possession of the person or located on
property owned by the person.
Note: Form VTR-71-2 is used to dispose of these vehicles.
Additional Disposal Procedure
An additional procedure is provided to dispose of a motor vehicle to a demolisher for
demolition, wrecking, or dismantling if:
• the abandoned motor vehicle is in the possession of the person;
• it is more than eight years old;
• it has no motor or is totally inoperable or does not comply with all applicable air
pollution emissions control related requirements or the vehicle emissions inspection
and maintenance requirements or the state’s air quality state implementation plan;
• it was authorized to be towed by a law enforcement agency; and the law enforcement
agency approves the application.
Note: Form VTR-71-2X is used to dispose of these vehicles.
Nonrepairable Vehicle Title
Upon approval of the application, the department issues a Nonrepairable Vehicle Title to
the applicant as authorization to dispose of a motor vehicle to a demolisher for demolition,
wrecking, or dismantling only.
Note: Beginning October 1, 2007, VTR began issuing a Nonrepairable Vehicle Title
instead of a Certificate of Authority to Dispose of a Motor Vehicle to a
Demolisher for Demolition, Wrecking or Dismantling Only (COA) Form
VTR 71-3.
A $2.00 fee must accompany the application, except where a unit of government is
applying.
A vehicle disposed of in this manner may not be reconstructed, made operable or retitled
and the component part of the vehicle that reflects the vehicle identification number may
not be used in the construction of another vehicle, such as an assembled vehicle, rebuilt
vehicle, body change, etc.
Also, under the provisions of this section, any person, firm, corporation, or unit of
government in possession of an abandoned vehicle which was authorized to be towed in
by a police department and which is over eight years old and has no engine or is otherwise
totally inoperable, may, upon affidavit of such facts and approval of the police
department, apply to the department for a Nonrepairable Vehicle Title to dispose of such
vehicle to a demolisher for demolition, wrecking or dismantling only. If the application is
approved, a Nonrepairable Vehicle Title branded “Certificate of Authority” will be issued.
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Contents of Application; Application Fee
Transportation Code Section 683.052
(a) An application under Section 683.051 must:
(1) contain the name and address of the applicant;
(2) state the year, make, model, and vehicle identification number of the vehicle,
if ascertainable, and any other identifying feature of the vehicle; and
(3) include:
(A) a concise statement of facts about the abandonment;
(B) a statement that the certificate of title is lost or destroyed; or
(C) a statement of the reasons for the defect in the owner’s certificate of title
for the vehicle.
(b) An application under Section 683.051(2) must also include an affidavit containing
a statement of the facts that make that subdivision applicable.
(c) The applicant shall make an affidavit stating that;
(1) the facts stated in the application are true; and.
(2) no material fact has been withheld.
(d) the application must be accompanied by a fee of $2, unless the application is made
by a unit of government. Fees collected under this subsection shall be deposited to
the credit of the Texas Department of Motor Vehicles fund.
Department to Provide Notice
Transportation Code Section 683.053
Except as provided by Section 683.054(b), the department shall give notice as provided by
Section 683.012 if it determines that an application under Section 683.051 is:
(1) executed in proper form; and
(2) shows that:
(A) the abandoned motor vehicle is in the possession of the applicant or has
been abandoned on the applicant’s property; or
(B) the vehicle is not an abandoned motor vehicle and the applicant appears
to be the owner of the vehicle.
Authority to Dispose of Vehicle
Transportation Code Section 683.054
(a) The department shall issue the applicant a certificate of authority to dispose of
the vehicle to a motor vehicle demolisher for demolition, wrecking, or
dismantling if notice under Section 683.053 was given and the vehicle was not
claimed as provided by the notice.
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(b) Without giving the notice required by Section 683.053, the department may issue
to an applicant under Section 683.051(2) a certificate of authority to dispose of the
motor vehicle to a demolisher if the vehicle meets the requirements of Sections
683.051 (2)(A)(ii) and (iii).
(c) A motor vehicle demolisher shall accept the certificate of authority in lieu of a
certificate of title for the vehicle.
ENACTMENT NOTE: HB 3588, Article 17, 76th Texas Legislature, 2003, Section
17.11(d) provided that “the Texas Department of Transportation shall issue a
nonrepairable vehicle title as the certificate of authority to dispose of a motor vehicle as
provided for in Chapter 683, Transportation Code.”
House Bill 3588, enacted by the 78th Texas Legislature, 2003, requires the department to
issue a Nonrepairable Vehicle Title instead of COA under the provisions of
Transportation Code, Chapter 683. Beginning October 1, 2007, the department began
issuing a Nonrepairable Vehicle Title, Form VTR-222-NR, branded “Certificate of
Authority” instead of an Application for Authority to Dispose of a Motor Vehicle to a
Demolisher for Demolition, Wrecking, or Dismantling Only, Form VTR-71-3. The
requirements and procedures for obtaining authority to dispose of a motor vehicle to a
demolisher remain the same.
Demolisher’s Duty
Transportation Code Section 683.056
A motor vehicle demolisher who acquires a motor vehicle for dismantling or demolishing
shall obtain from the person delivering the vehicle:
(1) the motor vehicle’s certificate of title;
(2) a sales receipt for the motor vehicle;
(3) a transfer document for the vehicle as provided by Subchapter B or
Subchapter E; or
(4) a certificate of authority for the disposal of the motor vehicle.
(a) A demolisher is not required to obtain a certificate of title for the vehicle in the
demolisher’s name.
(b) On the department’s demand, the demolisher shall surrender for cancellation the
certificate of title or certificate of authority.
(c) The department shall adopt rules and forms necessary to regulate the surrender of
auction sales receipts and certificates of title.
22.7 Vehicles Abandoned in Coastal Waters
The removal and disposal process for vessels and structures in or on coastal waters is
found in the Natural Resources Code, Chapter 40 and is administered by the General Land
Office.
The term “structure” includes a vehicle as defined by Section 502.001, Transportation
Code, if the vehicle is:
• located in coastal waters; and
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• in a wrecked, derelict, or substantially dismantled condition.
A person may not abandon, or maintain any such structure or vessel in or on coastal
waters, on public or private lands if the commissioner finds the structure or vessel to be:
• involved in an actual or threatened unauthorized discharge of oil;
• a threat to public health, safety, or welfare;
• a threat to the environment; or
• a navigation hazard.
The commissioner may remove and dispose of or contract for the removal and disposal of
any such vessel or structure and may recover the resulting costs from the owner or
operator.
This method of disposal is expected to be uncommon and occur usually after weather
related disasters. The General Land Office then administers the disposal of the vehicles.
22.8 Public Nuisance Vehicles
Transportation Code Section 683.072
A junked vehicle, including a part of a junked vehicle that is visible from a public place or
public right-of-way:
(1)
(2)
(3)
(4)
(5)
(6)
is detrimental to the safety and welfare of the public;
tends to reduce the value of private property;
invites vandalism;
creates a fire hazard;
is an attractive nuisance creating a hazard to the health and safety of minors;
produces urban blight adverse to the maintenance and continuing
development of municipalities; and
(7) is a public nuisance.
Transportation Code Section 683.072 declares junked vehicles to be a public nuisance and
Section 683.074 authorizes any city, town, or county within this State to adopt procedures
(city ordinance, etc.) for the abatement and removal of junked vehicles or parts of a junked
vehicles from private property, public property, or public rights-of-way.
Transportation Code Section 683.071 (Two Versions HB 787 82nd Legislature), defines a
junked vehicle as a vehicle that is self-propelled and is wrecked, dismantled or partially
dismantled or discarded; or inoperable or has remained inoperable for more than 72
consecutive hours on public property; or 30 consecutive days on private property.
The term junked vehicle includes a motor vehicle, aircraft, or watercraft (see both the fine
and confinement.).
Junked vehicles disposed of in accordance with these provisions must be disposed of as
scrap or salvage only and may not be reconstructed, made operable, or re-titled.
A city, town, or county that removes a vehicle under these provisions must notify the
department no later than five days after the date of removal by completing and submitting
a Notice to the Texas Department of Motor Vehicles of the Abatement of Junked Vehicles,
Form VTR 71-4.
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Authority to Abate Nuisance; Procedures
Transportation Code Section 683.074
(a) A municipality or county may adopt procedures that conform to this subchapter
for the abatement and removal from private or public property or a public
right-of-way of a junked vehicle or part of a junked vehicle as a public
nuisance.
(b) The procedures must:
(1) prohibit a vehicle from being reconstructed or made operable after removal;
(2) require a public hearing on request of a person who receives notice as
provided by Section 683.075 if the request is made not later than the date by
which the nuisance must be abated and removed; and
(3) require that notice identifying the vehicle or part of the vehicle be given to the
department not later than the fifth day after the date of removal.
(c) An appropriate court of the municipality or county may issue necessary orders to
enforce the procedures.
(d) Procedures for abatement and removal of a public nuisance must be administered
by regularly salaried, full-time employees of the municipality or county, except
that any authorized person may remove the nuisance.
(e) A person authorized to administer the procedures may enter private property to
examine a public nuisance, to obtain information to identify the nuisance, and to
remove or direct the removal of the nuisance.
(f) On receipt of notice of removal of a motor vehicle under Subsection (b) (3), the
department shall immediately cancel the certificate of title issued for the vehicle.
(g) The procedures may provide that the relocation of a junked vehicle that is a public
nuisance to another location in the same municipality or county after a proceeding
for the abatement and removal of the public nuisance has commenced has no effect
on the proceeding if the junked vehicle constitutes a public nuisance at the new
location.
(h) On receipt of notice of removal of a watercraft under Subsection (b)(3), the
department shall notify the Parks and Wildlife Department of the removal. On
receipt of the notice from the department, the Parks and Wildlife Department shall
immediately cancel the certificate of title issued for the watercraft.
Notice
Transportation Code Section 683.075
(a) The procedures for the abatement and removal of a public nuisance under this
subchapter must provide not less than 10 days' notice of the nature of the
nuisance. The notice must be personally delivered or sent by certified mail with
a five-day return requested, or delivered by the United States Postal Service
with signature confirmation service to:
(1) the last known registered owner of the nuisance;
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(2) each lienholder of record of the nuisance; and
(3) the owner or occupant of:
(A) the property on which the nuisance is located; or
(B) if the nuisance is located on a public right-of-way, the property adjacent
to the right-of-way.
(b) The notice must state that:
(1) the nuisance must be abated and removed not later than the 10th day after the
date on which the notice was personally delivered or mailed; and
(2) any request for a hearing must be made before that 10-day period expires.
(c) If the post office address of the last known registered owner of the nuisance is
unknown, notice may be placed on the nuisance or, if the owner is located,
personally delivered.
(d) If notice is returned undeliverable, action to abate the nuisance shall be continued
to a date not earlier than the 11th day after the date of the return.
Hearing
Transportation Code Section 683.076
(a) The governing body of the municipality or county or a board, commission, or
official designated by the governing body shall conduct hearings under the
procedures adopted under this subchapter.
(b) If a hearing is requested by a person for whom notice is required under Section
683.075(a) (3), the hearing shall be held not earlier than the 11th day after the
date of the service of notice.
(c) At the hearing, the junked motor vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable.
(d) If the information is available at the location of the nuisance, a resolution or order
requiring removal of the nuisance must include:
(1) for a motor vehicle, the vehicle's:
(A) description;
(B) vehicle identification number; and
(C) license plate number;
(2) for an aircraft, the aircraft's:
(A) description; and
(B) federal aircraft identification number as described by Federal Aviation
Administration aircraft registration regulations in 14 C.F.R. Part 47; and
(3) or a watercraft, the watercraft's:
(A) description; and
(B) identification number as set forth in the watercraft's certificate of
number.
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Alternative Procedure for Administrative Hearing
Transportation Code Section 683.0765
A municipality by ordinance may provide for an administrative adjudication process
under which an administrative penalty may be imposed for the enforcement of an
ordinance adopted under this subchapter. If a municipality provides for an administrative
adjudication process under this section, the municipality shall use the procedure
described by Section 54.044, Local Government Code.
Inapplicability of Subchapter
Transportation Code Section 683.077
(a) Procedures adopted under Section 683.074 or 683.0765 may not apply to a
vehicle or vehicle part:
(1) that is completely enclosed in a building in a lawful manner and is not visible
from the street or other public or private property; or
(2) that is stored or parked in a lawful manner on private property in connection
with the business of a licensed vehicle dealer or junkyard, or that is an
antique or special interest vehicle stored by a motor vehicle collector on the
collector’s property, if the vehicle or part and the outdoor storage area, if
any, are:
(A) maintained in a orderly manner;
(B) not a health hazard; and
(C) screened from ordinary public view by appropriate means, including a
fence, rapidly growing trees, or shrubbery.
(b) In this section:
(1) “Antique vehicle” means a passenger car or truck that is at least 25 years old.
(2) “Motor vehicle collector” means a person who:
(A) owns one or more antique or special interest vehicles; and
(B) acquires, collects, or disposes of an antique or special interest vehicle or
part of an antique or special interest vehicle for personal use to restore
and preserve an antique or special interest vehicle for historic interest.
(3) “Special interest vehicle” means a motor vehicle of any age that has not been
changed from original manufacturer’s specifications and, because of its
historic interest, is being preserved by a hobbyist.
Junked Vehicle Disposal
Transportation Code Section 683.078
(a) A junked vehicle, including a part of a junked vehicle, may be removed to a
scrap yard, a motor vehicle demolisher, or a suitable site operated by a
municipality or county.
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Miscellaneous: Statutes, Uses, Offense, Etc.
(b) A municipality or county may operate a disposal site if its governing body
determines that commercial disposition of junked vehicles is not available or is
inadequate. A municipality or county may:
(1) finally dispose of a junked vehicle or vehicle part; or
(2) transfer it to another disposal site if the disposal is scrap or salvage only.
22.9 Miscellaneous: Statutes, Uses, Offense, Etc.
Conflict of Laws; Effect on Other Laws
Transportation Code Section 683.003
(a) Sections 683.051 - 683.055 may not be read as conflicting with Sections
683.074 - 683.078.
(b) This chapter does not affect a law authorizing the immediate removal of a vehicle
left on public property that is an obstruction to traffic.
Law Enforcement Agency Use of Certain Abandoned Motor
Vehicles
Transportation Code Section 683.016
(a) The law enforcement agency that takes an abandoned motor vehicle into
custody that is not claimed under Section 683.012 may:
(1) use the vehicle for agency purposes; or
(2) transfer the vehicle to any other municipal or county agency, a groundwater
conservation district governed by Chapter 36, Water Code, or a school
district for the use of that agency or district.
(b) The law enforcement agency shall auction the vehicle as provided by this
subchapter if the law enforcement agency or the municipal or county agency,
groundwater conservation district, or school district to which the vehicle was
transferred under Subsection (a) discontinues use of the vehicle.
(c) This section does not apply to an abandoned vehicle on which there is a
garagekeeper’s lien.
(d) This section does not apply to a vehicle that is:
(1) taken into custody by a law enforcement agency located in a county with a
population of 3.3 million or more; and
(2) removed to a privately owned storage facility.
(e) A law enforcement agency must comply with the notice requirements of Section
683.012 before the law enforcement agency may transfer a vehicle under
Subsection (a)(2).
Rules and Forms
Transportation Code Section 683.055
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The department may adopt rules and prescribe forms to implement Sections 685.051 683.054.
Demolisher’s Records; Offense
Transportation Code Section 683.057
(a) A motor vehicle demolisher shall keep a record of a motor vehicle that is
acquired in the course of business.
(b) The record must contain:
(1) the name and address of the person from whom the vehicle was acquired; and
(2) the date of acquisition of the vehicle.
(c) The demolisher shall keep the record until the first anniversary of the date of
acquisition of the vehicle.
(d) The record shall be open to inspection by the department or any law enforcement
agency at any time during normal business hours.
(e) A motor vehicle demolisher commits an offense if the demolisher fails to keep a
record as provided by this section.
(f) An offense under Subsection (e) is a misdemeanor punishable by:
(1) a fine of not less than $100 or more than $1000;
(2) confinement in the county jail for a term of not less than 10 days or more than
six months; or
(3) both the fine and confinement.
Municipal Requirements
Transportation Code Section § 683.0711
An ordinance adopted by a governing body of a municipality may provide for a more
inclusive definition of a junked vehicle subject to regulation under this subchapter.
Offense
Transportation Code Section 683.073
(a) A person commits an offense if the person maintains a public nuisance
described by Section 683.072.
(b) An offense under this section is a misdemeanor punishable by a fine not to exceed
$200.
(c) The court shall order abatement and removal of the nuisance on conviction.
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Chapter 23
FORECLOSURE OF MISCELLANEOUS LIENS
This chapter contains the following sections:
• 23.1 Mechanics’ Lien Procedures
• 23.2 Storage Lien
• 23.3 Storage Lien for Licensed Vehicle Storage Facility (VSF)
• 23.4 Landlord's Lien
• 23.5 Self-service Storage Facility Lien
• 23.6 Deployed Military Protections
• 23.7 Statutory Foreclosure Procedures Charts
23.1 Mechanics’ Lien Procedures
In those instances when a mechanic’s lien is acquired on a motor vehicle under provisions
of the Property Code, Chapter 70, Subchapter A, Section 70.001 (Worker’s Lien), the lien
may be disposed of in accordance with the provisions of Section 70.006. A mechanic’s
lien can be created only when a vehicle is repaired pursuant to a signed contract or
agreement between a garagekeeper and the vehicle owner or a person who has authority to
contract for such services.
General Information
Refer to Table 23-1 to identify the appropriate mechanic lien procedures for your
situation. The procedures differ depending on whether you are a franchised or
non-franchised dealer and when you obtained the vehicle. For additional universal
procedures, see Requirements Applicable to all Mechanic Liens.
Table 23-1 Mechanic Lien Procedural Chart
Time Vehicle Obtained
Dealer Type
After Sept. 1, 1999
Appropriate Procedure
Non Franchised Dealers
See Procedure One or
Franchised Dealers
See Procedure Two (Table 23-6)
If unable to determine where the vehicle was last registered, this method of disposal of the
vehicle cannot be used. Disposal of the vehicle must be by court order through a county or
district court.
Possession
If possession of the vehicle was released in return for a payment that was stopped,
dishonored because of insufficient funds, no funds or account closed the lien continues to
exist. The person claiming the lien is entitled to repossess the vehicle if the work order or
repair contract has a statement the vehicle may be subject to repossession in boldface,
capitalized, underlined or in a conspicuous manner with a separate signature line. The
holder of the lien may include the repossession fee to the original amount due.
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Mechanics' Liens Occurring Out-of-State
Out of State mechanic's liens should be cleared by the state in which the lien was created.
Renewal Recipient Notification
It is not necessary to send notifications described in this chapter to a renewal recipient’s
address, but it is recommended. The last registered owner and lienholder are considered
the owner of record, however VTR also recommends that the owner and lienholder
located in the E-tags and permit database be notified.
Storage Fees Notice
If any amount of the charges includes storage fees, a second notification must be made by
certified mail to the registered owner and lienholder, or see Notifications to the Owner(s)
and Lienholder(s) for applicable notice by newspaper publication. If last registered
out-of-state, notice must be made within 14 days of obtaining possession. A Storage Lien
for Abandoned Vehicle or Private Tow, Form VTR-265-S must also be completed. A
release of lien is also required if any portion of the amount due represents charges for
storage; otherwise, foreclosure must be through a county or district court.
Procedure One
This section pertains to non franchised dealers. Licensed franchised dealers should follow
the foreclosure procedures in Procedure Two or Table 23-6.
Foreclosure Notice
Within 30 days after the charges accrue, the person claiming the lien must notify the
owner(s), lienholder(s) of record and to the address that appears on the work order if the
address is different from the address on the motor vehicle record by certified mail, return
receipt requested. The notification must include:
• the address where the repairs were made
• the legal name of the person that holds the possessory lien
• the taxpayer or employer identification number of the person that holds the possessory
lien
• a signed copy of the work order authorizing repairs
• the amount of the charges due; and
• a request for payment.
The person filing the lien, other than a licensed franchise dealer must also submit to the
local County Tax Assessor-Collector's office within 10 days:
• an administrative fee of $25
• a copy of their notification
• a signed copy of the work order.
Not later than the 15th business day after receiving notification, the County Tax
Assessor-Collector must send, a copy of the work order and notification to the owner(s),
and lienholder(s) of record and to the address on the work order if different from the
address on the motor vehicle record.
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Note: Unless it is necessary to resend the notifications due to incorrect information
provided by the mechanic, such as owner, lienholder or vehicle information,
an additional $25 fee should not be collected if a transaction is rejected either
by the county or the department.
If the owner or lienholder requests, the possessory lienholder must make the motor vehicle
available for inspection to verify the repairs no later than 30 days of receipt of notice.
Work Order
Attach a copy of the signed work order. If a signed work order is not available, this
method of disposal of the vehicle cannot be used. Disposal of the vehicle must be by court
order through a county or district court.
Public Sale
If charges are not paid before the 31st day after the day that notice of the amount of
charges was mailed by the County Tax Assessor-Collector or published by the possessory
lienholder, and the charges do not include storage fees, the possessory lienholder may sell
the vehicle at public sale without obtaining a release of lien. The proceeds are to be
applied to the payment of charges due and the excess proceeds (balance) paid to the
person entitled to it.
• If a person entitled to the excess proceeds is not known or has moved from this state or
country, the person holding the excess must pay it to the county treasurer of the county
that the lien originated. The treasurer should issue the person a receipt for the
payment.
• If the person entitled to the excess does not claim it before two years after the day it is
paid to the treasurer, the excess becomes a part of the county's general fund.
Procedure Two
This section pertains to franchised dealers.
Foreclosure Notice
Thirty days after the day on which repair charges are due, the person claiming the lien
must notify the owner(s) and lienholder(s) of record by certified mail, return receipt
requested, of the location of the vehicle, charges due and a request for payment. The
claimant must also send notice to the address that appears on the work order/document
authorizing possession if the address is different from the address on the motor vehicle
record. Notice by newspaper publication may be permitted. For more information see
Notice by Newspaper Publication (only if applicable).
Public Sale
If charges are not paid before the 31st day after the day on which notice of the amount of
charges was mailed or published, and the charges do not include storage fees, the
possessory lienholder may sell the vehicle at public sale without obtaining a release of
lien. The claimant may apply the proceeds to the payment of charges due and pay the
excess proceeds (balance) to the person entitled to it.
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Mechanics’ Lien Procedures
•
•
If a person entitled to the excess proceeds is not known or has moved from this state or
country, the person holding the excess must pay it to the county treasurer of the county
in which the lien originated. The treasurer should issue the person a receipt for the
payment.
If the person entitled to the excess does not claim it before two years after the day it is
paid to the treasurer, the excess becomes a part of the county's general fund.
Requirements Applicable to all Mechanic Liens
The remaining sections apply to all mechanic liens regardless of when a vehicle was
acquired unless specifically noted.
Application for Title
The purchaser of the vehicle at public sale must apply for title in their name.
Notifications to the Owner(s) and any Lienholder(s)
Instead of notification by certified mail, return receipt requested, claimants may notify by
publication in a newspaper of general circulation in the county in which the vehicle is
stored if all of the following apply:
1.
the motor vehicle is registered in another state, and:
•
2.
the holder of the lien submits a written request by certified mail, return receipt
requested, to the governmental entity with which the motor vehicle is registered
requesting information relating to the identity of the last known registered owner and
any lienholder of record, and
the holder of the lien:
• is advised in writing by the governmental entity with which the motor vehicle is
registered that the entity is unwilling or unable to provide information on the last
known registered owner or any lienholder of record; or
• does not receive a response from the governmental entity with which the motor
vehicle is registered on or before the 21st day after the date the holder of the lien
submits a request.
the identity of the last known registered owner cannot be determined,
3.
the registration does not contain an address for the last known registered owner, and
4.
the holder of the lien cannot determine the identities and addresses of the lienholders
of record.
•
The holder of the lien is not required to publish notice in a newspaper, if a correctly
addressed certified mail notice is sent with sufficient postage and is returned as unclaimed
or refused or with a notation that the addressee is unknown or has moved without leaving
a forwarding address.
Note: County Tax Assessor-Collector's are not required to publish a notice in the
newspaper.
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Mechanics’ Lien Procedures
Evidence Required to Support an Application for Title
The statutory lienholder must complete the Mechanic’s Lien Foreclosure, Form
VTR-265-M.
Verification of Title and Registration
If registered in Texas - verification of Texas title and registration is required.
If registered outside of Texas – verification of title and registration from the state of
record. If not available, the following may be provided:
• If a holder of a lien sends a written request for title and registration verification to the
state of record (by certified mail) and is informed by letter from that state that due to
the Driver’s Privacy Protection Act restrictions the state elects to forward the
notification to the owner(s) and lienholder(s) for notification purposes, the original
letter(s) from the state of record, along with certified receipts for each notification sent
to that state, is acceptable; or
• If notification is made by newspaper publication, proof that a correctly addressed
request for the name and address of the last known registered owner(s) and
lienholder(s) was sent to the state of record by certified mail with return receipt
requested. Proof consists of a copy of the request sent along with certified receipts for
the notification sent to the state of record.
Proof of Notifications
Notice by Certified Mail
Proof consists of the date stamped receipts for certified mail and return receipt, together
with any unopened certified letter(s) returned as undeliverable, unclaimed, or no
forwarding address.
• Alternate for PS Form 3800 - A copy of the page from the Firm Mailing Book for
Accountable Mail (PS Form 3877) or a copy of a privately printed or computer
generated firm mailing bill is acceptable provided it contains a U.S. postal date stamp,
the name and complete address of the person/firm to whom the certified mail was sent,
and the “Article Number” corresponds on all documentation.
• Alternate for PS Form 3811 - When the post office loses the return receipt or the
unopened certified letters that should have been returned as undeliverable, unclaimed
or no forwarding address, the mailer may request a return of receipt after mailing from
the post office and the proof of delivery record provided by the post office may be
accepted.
Notice by Newspaper Publication (only if applicable)
Proof consists of evidence of the certified request (same as listed above for certified mail)
sent to the state of record requesting verification of owner(s) and lienholder(s), and a
legible photocopy of the newspaper publication that includes the name of the publication
and the date of publication.
Proof of Insurance
There must be a copy of current proof of liability insurance in the applicant’s name. (Refer
to Chapter 11 of the TxDMV Motor Vehicle Registration Manual.)
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Mechanics’ Lien Procedures
Work Order
Attach a copy of the signed work order. If a signed work order is not available, this
method of disposal of the vehicle cannot be used. Disposal of the vehicle must be by court
order through a county or district court. (The bonded title process is only available to an
innocent purchaser. A mechanic’s only option is a court order).
Serial Numbers
VTR may require a pencil tracing of the motor and serial numbers to establish the
vehicle’s correct identity.
Out of State Vehicles
If the vehicle was last registered outside of Texas, the following documentation is also
required:
• Out-of-State Identification Certificate, Form VI-30 and
• Weight certificate on a commercial vehicle as explained in Chapter 10, “Evidence of
Ownership”.
Public Auctions
When a vehicle is lawfully acquired at public auction pursuant to a mechanic’s lien
foreclosure sale and the vehicle is of such little value that it does not justify the expense of
registration and title, the purchaser may apply to the department for a Nonrepairable
Vehicle Title to dispose of the vehicle to a demolisher for demolition, wrecking, or
dismantling only. Applicants must complete the Junked Vehicle Purchased at a
Foreclosure Sale, Form VTR-70, accompanied by the Mechanic’s Lien Foreclosure,
Form VTR-265-M, and all related documents necessary to support the foreclosure
transaction.
Financial Agreements
A mechanic’s lien cannot be filed if a customer enters into a financial agreement with a
company, a financial institution, or with the mechanic for the cost of the repairs. This
includes agreements that the mechanic subsequently sells to another financial institution.
Companies or financial institutions that finance or purchase existing contractual financial
agreements from mechanics are ineligible to file a mechanic’s lien under Texas Property
Code, Chapter 70. Applications for mechanic’s liens that are supported by a financial
agreement should not be accepted and will be rejected.
Mechanics Filing to Junk a Vehicle
A mechanic must pay the $25 administrative fee to the county even if the vehicle is junk
and the mechanic will be applying for a Nonrepairable Vehicle Title. The only exemption
from paying the fee is for franchise dealers. In situations where a Mechanic’s Lien
Foreclosure, VTR-265-M, is submitted with a Junked Vehicle Purchased at a
Foreclosure Sale, VTR-70, the mechanic is responsible for the $25 and $10 fees
associated with both applications.
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Storage Lien
23.2 Storage Lien
A storage lien acquired on a motor vehicle under the provisions of the Property Code,
Chapter 70, Subchapter A, Section 70.003, may be disposed of in accordance with the
provisions of Sections 70.004. Generally, a storage lien can exist only when a vehicle is
stored pursuant to a contract or agreement between a garagekeeper and the vehicle owner
or a person who has authority to contract for such services.
Note: A garagekeeper may dispose of an abandoned vehicle under Property Code,
Chapter 70, if the vehicle was not taken into custody by law enforcement
within 31 days after the notification required under Transportation Code,
Section 683.034 (Disposal of Vehicle Abandoned in Storage Facility) was
mailed. In such cases, garagekeepers must comply with the procedures
addressed in Chapter 22, Section 22.4 Garagekeeper’s Duties: Abandoned
Motor Vehicles.
Storage Lien Procedures
This section relates to possessions obtained on or after September 1, 1999.
Note: If unable to determine the vehicle’s last registration location, a garagekeeper
cannot use this method of disposal. Disposal of the vehicle must be by court
order through a court of competent jurisdiction.
First Notice
If the vehicle was last registered in Texas, claimants must provide notice within five days
of obtaining possession. If last registered outside of Texas, claimants must provide notice
within 14 days of obtaining possession. Claimants must send the first notice to the last
known owner(s) and any lienholder(s) of record by certified mail, return receipt requested,
or if applicable, notice by newspaper publication. See Notifications to the Owner(s) and
any Lienholder(s).
Second Notice
If charges are still unpaid 31 days after the first notice claimants must send the second
notice by certified mail, return receipt requested, or if applicable, notice by newspaper
publication, to the last known owner(s) and any lienholder(s) of record. See Notifications
to the Owner(s) and any Lienholder(s).
Public Sale
If charges are not paid before the 31st day after the second notice was made, the
possessory lienholder may sell the vehicle at public sale. A release of lien is required, if
one is indicated on the Texas or out-of-state title and registration verification. Claimants
may apply the proceeds to the payment of charges due and pay the excess proceeds
(balance) to the person entitled to it.
• If a person entitled to the excess proceeds is not known or has moved from this state
or country, the person holding the excess must pay it to the county treasure or the
county in which the lien originated. The treasurer should issue the person a receipt for
the payment.
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Storage Lien
•
If the person entitled to the excess does not claim it before two years after the day it is
paid to the treasurer, the excess becomes a part of the county’s general fund.
Application for Title
The purchaser of the vehicle at public sale must apply for title in their name.
Notifications to the Owner(s) and Lien Holder(s)
Instead of notification by certified mail, return receipt requested, claimants may use
notification by publication in a newspaper of general circulation in the appropriate county
if all of the following apply:
1. the motor vehicle is registered in another state, and
•
•
2.
3.
the holder of the lien submits a written request by certified mail, return receipt
requested, to the governmental entity that the motor vehicle is registered requesting
information relating to the identity of the last known registered owner and any
lienholder of record, and
the holder of a lien:
• is advised in writing by the governmental entity that the motor vehicle is registered
that the entity is unwilling or unable to provide information on the last known
registered owner or any lienholder of record; or
• does not receive a response from the governmental entity with which the motor
vehicle is registered on or before the 21st day after the date the holder of the lien
submits a request.
the identity of the last known registered owner cannot be determined
the registration does not contain an address for the last known registered owner; and
the holder of the lien cannot determine the identities and addresses of the lienholders
of record
Note: The holder of the lien is not required to publish notice in a newspaper, if a
correctly addressed certified mail notice is sent with sufficient postage and is
returned as unclaimed or refused or with a notation that the addressee is
unknown or has moved without leaving a forwarding address.
Evidence Required to Support an Application for Title
The statutory lienholder must complete a Storage Lien for Abandoned Vehicle or Private
Tow, Form VTR-265-S.
Verification of Title and Registration
If registered in Texas – Verification of Texas title and registration is required.
If registered outside of Texas – Verification of title and registration from the state of
record. If not available, a holder of a lien sends a written request for title and registration
verification to the state of record (by certified mail) and is informed by letter from that
state that due to the Driver’s Privacy Protection Act restrictions, the state elects to forward
the lienholder’s notification to the owner(s) for notification purposes, the original letter(s)
from the state of record, along with certified receipts for each notification sent to that
state, is acceptable; or
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Storage Lien
If notification is made by newspaper publication, proof that a correctly addressed request
for the name and address of the last known registered owner(s) and lienholder(s) was sent
to the state of record by certified mail with return receipt requested. Proof consists of a
copy of the request sent along with certified receipts for the notification sent to the state of
record.
Proof of Notifications
Proof of notifications is required for both first and second notices and, if applicable, with
requests sent to the state of record.
• Notices by Verified Mail – Verified mail means any method of mailing that provides
evidence of mailing. Proof submitted to must consist of an official evidence of
mailing issued by the USPS or a common carrier (such as a receipt, copy of receipt,
green card, or web site tracking printout). In lieu of this, unopened letter(s) returned as
undeliverable, unclaimed or no forwarding address will be accepted.
Note: When using Form VTR 265-S for a storage lien foreclosure on an abandoned
vehicle towed by law enforcement, lienholders must complete items 5 of B and
2 of C of the form. However, they may attach the law enforcement certified
receipts or any unopened certified letter(s) returned as undeliverable instead
of completing item 5 of B and the proof of notice described above is not
required.
Notice by Newspaper Publication (Only if applicable)
Proof consists of evidence of the certified request (same as listed above for certified mail)
sent to the state of record requesting verification of owner(s) and lienholder(s), and a
legible photocopy of the newspaper publication that includes the name of the publication
and the date of publication.
Liability Insurance
A copy of current proof of liability insurance in the applicant’s name. (Refer to Chapter
11 of the TxDMV Motor Vehicle Registration Manual.)
City Ordinance
If foreclosure is in accordance with a city ordinance, the bill of sale must refer to the
ordinance number under which removal and sale was authorized, and a copy of the city
ordinance must be attached.
Release of Lien
A release of lien for any lien properly recorded in Texas or out of state, if applicable.
Serial Number
VTR may require a pencil tracing of the motor and serial numbers to establish the
vehicle’s correct identity.
Out-of-state Vehicles
If the vehicle was last registered out of Texas, the following documentation is also
required:
• Out-of-State Identification Certificate, Form VI-30; and
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Storage Lien for Licensed Vehicle Storage Facility (VSF)
•
Weight certificate on a commercial vehicle as explained in Chapter 10, “Evidence of
Ownership”.
Storage Liens
Storage liens occurring in other states should be cleared by the state in which the lien was
created.
Public Auctions
When a vehicle is lawfully acquired at public auction pursuant to a storage lien
foreclosure sale and the vehicle is of such little value that it does not warrant the expense
of registration and title, the purchaser may apply to the department for a Nonrepairable
Vehicle Title to dispose of the vehicle to a demolisher for demolition, wrecking, or
dismantling only. Applicants must use the Junked Vehicle Purchased at a Foreclosure
Sale, Form VTR-70, accompanied by the Storage Lien Abandoned Vehicle or Private
Tow, Form VTR-265-S and all related documents necessary to support the foreclosure
transaction.
23.3 Storage Lien for Licensed Vehicle Storage Facility
(VSF)
Senate Bill 855 (1997) amended the Vehicle Storage Facility Act (Occupations Code
Chapter 2303) to provide an additional process for disposal of a motor vehicle towed on or
after September 1, 1997, in conjunction with a non-consent private property or law
enforcement tow, and the vehicle was taken to a vehicle storage facility (VSF) licensed by
the Texas Department of Licensing and Regulation or the Motor Carrier Division (if prior
to January 1, 2008). In these cases, a licensed VSF can dispose of a vehicle without
requiring a court order if they cannot obtain a release or discharge of any lien on the
vehicle.
Later, House Bill 1376 (1999) amended the Vehicle Storage Facility Act to provide for an
alternate means for notification of the vehicle owner(s) and lienholder(s) in certain
situations, if possession occurred on or after September 1, 1999.
And currently, House Bill 2630 (2005) amended the Vehicle Storage Facility Act to
provide for alternate means for notification of the vehicle owner(s) and lienholder(s) in
certain situations, if possession occurred on or after September 1, 2005. The disposal of a
motor vehicle towed and stored prior to September 1, 2005 remains under the law in effect
immediately prior to House Bill 2630.
As a result, two procedures for disposal of a vehicle by a licensed storage facility are
provided below. The correct procedure is dependent on the time period in which the
licensed storage facility obtained possession of the vehicle. If possession of the vehicle
was obtained by a licensed VSF:
• On or after September 1, 2005, follow the procedure outlined in VSF Storage Lien:
After September 1, 2005.
• Prior to September 1, 2005, follow the procedure outlined in VSF Storage Lien: Prior
to September 1, 2005.
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Storage Lien for Licensed Vehicle Storage Facility (VSF)
VSF Storage Lien: After September 1, 2005
This section pertains to possessions obtained on or after September 1, 2005
The VSF’s possession of the vehicle must have been in conjunction with a non-consent
private property or law enforcement tow and the vehicle must have been taken to a vehicle
storage facility licensed by the Texas Department of Licensing and Regulation or the
Motor Carrier Division (if prior to January 1, 2008). Provisions of the Vehicle Storage
Facility Act do not apply to a vehicle parked or stored at a VSF with the consent of the
vehicle's owner.
Notifications
All notifications are required to be written notices made by certified mail, return receipt
requested, or by electronic certified mail, unless certain criteria apply. If any of the
following apply, lienholders may make notification by publication in a newspaper of
general circulation in the county in which the vehicle is stored:
• The vehicle is registered in another state;
• The VSF has sent a correctly addressed request, by certified mail with return receipt
requested, to the applicable state requesting the name and address of the last known
registered owner(s) and lienholder(s), if any;
• The identity if the last known owner(s) cannot be determined;
• The registration does not contain an address for the last known owner(s);
• The identity and address of the lienholder(s), if any cannot be determined; or
• The vehicle does not display a license plate or a vehicle inspection certificate
indicating the state of registration and no record of title or registration is found in
Texas (verification by VIN required).
Note: The holder of the lien is not required to publish notice in a newspaper, if a
correctly addressed notice is sent with sufficient postage and is returned as
unclaimed or refused or with a notation that the addressee has moved without
leaving a forwarding address.
All notifications must include the information required by the Texas Department of
Licensing and Regulation. For information concerning these requirements, call: (512)
463-6599 or Toll-Free 800-803-9202.
First Notice
Notification to Law Enforcement - A vehicle is deemed abandoned, by statute,
Transportation Code Section 683.031(a), 10 days after the date the first notice was made.
The VSF must report the motor vehicle as abandoned to the law enforcement agency in
the jurisdiction where the vehicle is located or the Department of Public Safety within 7
days of the deemed abandoned date. Upon receipt of this report, law enforcement has 10
days to send another notice by certified mail to the registered owner(s) and lienholder(s).
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Storage Lien for Licensed Vehicle Storage Facility (VSF)
Second Notice
If law enforcement does not take custody of the vehicle, or if the charges due are not paid,
before the 15th day after the first notice was given the VSF is required to make a second
notification to the registered owner(s) and lienholder(s) by certified mail, return receipt
requested, electronic certified mail, or newspaper publication, if applicable.
Public Sale
If the charges are not paid before the 30th day after the second notice is given, or the
vehicle taken into custody by a law enforcement agency, the VSF may sell the vehicle at a
public sale without a court order or release/discharge of any lien on the vehicle.
Lienholders may apply the proceeds from the sale of the vehicle to the payment of any
charges and pay the balance, if any, to the person entitled to it.
Application for Title
Vehicles sold to the highest bidder at public sale transfer to the purchaser using Form
VTR-265-VSF, Storage Lien for Licensed Vehicle Storage Facility. The purchaser must
apply for a vehicle title in their name or the authority to demolish the vehicle using a
Junked Vehicle Purchased at a Foreclosure Sale, Form VTR-70.
Evidence Required to Support the Application for Title
In addition to the Form VTR-265-VSF, the following must support the application for
title in the name of the purchaser:
Verification of Title and Registration
•
•
•
If last registered in Texas – Verification of title and registration is required.
If last registered outside of Texas – Verification of title and registration from the state
of record, if available.
If no title and registration verification record is available from Texas or out-of-state,
verification by VIN of no record in Texas is required.
Proof of Notifications
Proof of notifications is required for both first and second notices and, if applicable, with
requests sent to the state of record.
• Notices by Verified Mail – Verified mail means any method of mailing that provides
evidence of mailing. Proof submitted to must consist of an official evidence of
mailing issued by the USPS or a common carrier (such as a receipt, copy of receipt,
green card, or web site tracking printout). In lieu of this, unopened letter(s) returned as
undeliverable, unclaimed or no forwarding address will be accepted.
Notices Made by Newspaper Publication
Proof may consist of legible photocopy of the newspaper publication that includes the
name and the date of the publication.
Proof of Insurance
A copy of current proof of liability insurance in the applicant’s name (Refer to Chapter 11
of the TxDMV Motor Vehicle Registration Manual).
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Storage Lien for Licensed Vehicle Storage Facility (VSF)
City Ordinance
If foreclosure is in accordance with a city ordinance, the bill of sale must refer to the
ordinance number under which removal and sale was authorized and a copy of the city
ordinance must be attached.
Serial Numbers
VTR may require a pencil tracing of the motor and serial numbers to establish the
vehicle’s correct identity.
Out of State Vehicles
If the vehicle was last registered outside of Texas, the following documentation is also
required:
• Out of State Vehicle Identification Certificate. Form VI-30, and
• Weight certificate for a commercial vehicle as explained in Chapter 10, “Evidence of
Ownership”.
Storage Liens
Storage liens occurring in other states should be cleared by the state in which the lien was
created.
Public Auctions
When a vehicle is lawfully acquired at public auction pursuant to a Storage Lien
Foreclosure Sale and the vehicle is of such little value that it does not warrant the expense
of registration and title, the purchaser has the option of applying to the department for a
Nonrepairable Vehicle Title to dispose of the vehicle to a demolisher for demolition,
wrecking, or dismantling only. The applicant must use the Junked Vehicle Purchased at a
Foreclosure Sale, Form VTR-70, accompanied by the applicable storage foreclosure
form VTR-265-VSF and all related forms necessary to support the foreclosure
transaction.
VSF Storage Lien: Prior to September 1, 2005
This section pertains to possessions obtained prior to September 1, 2005
Note: This method of disposal cannot be used if the vehicle was last registered in
Texas and the registered owner(s) and lienholder(s) cannot be established, or
the VSF is unable to determine where the vehicle was last registered.
The VSF’s possession of the vehicle must have been in conjunction with a non-consent
private property or law enforcement tow and the vehicle must have been taken to a vehicle
storage facility licensed by the Motor Carrier Division (since it was prior to January 1,
2008).
Notifications
VTR requires all notifications to be certified mail, return receipt requested, unless certain
criteria apply. Only if ALL of the following apply, may notification be made by
publication in a newspaper of general circulation in the county in which the vehicle is
stored:
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Storage Lien for Licensed Vehicle Storage Facility (VSF)
•
•
•
•
•
The vehicle is registered in another state,
The VSF has sent a correctly addressed request, by certified mail with return receipt
requested, to the applicable state requesting the name and address of the last known
registered owner(s) and lienholder(s), if any,
The identity if the last known owner(s) cannot be determined,
The registration does not contain an address for the last known owner(s), and
The identity and address of the lienholder(s), if any is unknown.
Note: The holder of the lien is not required to publish notice in a newspaper, if a
correctly addressed certified mail notice is sent with sufficient postage and is
returned as unclaimed or refused or with a notation that the addressee is
unknown or has moved without leaving a forwarding address.
All notifications must include the information required by the Texas Department of
Licensing and Regulation. For information concerning these requirements, call: (512)
463-6599 or Toll-Free 800-803-9202.
First Notice
The vehicle storage facility must notify, by certified mail, return receipt requested, or if
applicable by newspaper publication, the last known registered owner and all lienholders
of record to pick up the vehicle and request payment of charges. If the vehicle was last
registered:
• In Texas, the lienholder must make the first notification within five days of taking the
vehicle into possession; or
• Outside of Texas, he lienholder must make the first notification within 14 days of
taking possession of the vehicle.
Second Notice
If law enforcement does not take custody of the vehicle, or if the charges due are not paid,
before the 41st day after the first notice was given the VSF is required to make a second
notification to the registered owner(s) and lienholder(s) by certified mail or newspaper
publication, if applicable.
Public Sale
If the charges are not paid before the 30th day after the second notice is given, the VSF
may sell the vehicle at a public sale without a court order or release/discharge of any lien
on the vehicle. The seller may apply the proceeds from the sale of the vehicle to the
payment of any charges and pay the balance, if any, to the person entitled to it.
Application for Title
Vehicles sold to the highest bidder at public sale must transfer to the purchaser using form,
Form VTR-265-VSF, Storage Lien for Licensed Vehicle Storage Facility, with a revision
date of 9/99 or later. The purchaser must apply for a vehicle title in their name or the
authority to demolish the vehicle using a Junked Vehicle Purchased at a Foreclosure Sale,
Form VTR-70.
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Storage Lien for Licensed Vehicle Storage Facility (VSF)
Evidence Required to Support the Application for Title
In addition to the Form VTR-265-VSF, the following must support the application for
title in the name of the purchaser:
Verification of Title and Registration
If last registered in Texas – VTR requires certification of title and registration.
If last registered outside of Texas – VTR requires verification of title and registration from
the state of record, if available. If not available, applicants may provide the following in
lieu of title and registration from the state of record:
• If a VSF sends a request for title and registration verification to the state of record (by
certified mail) and is informed by letter from that state that due to the Driver’s Privacy
Protection Act restrictions the state elects to forward the VSF’s notification to the
owner(s) and lienholder(s) for notification purposes, the original letter(s) from the
state of record, along with certified receipts for each notification sent to that state, is
acceptable; or
• If notification is made by newspaper publication, proof that a correctly addressed
request for the name and address of the last known registered owner(s) and
lienholder(s) was sent to the state of record by certified mail with return receipt
requested. Proof shall consist of a copy of the request sent along with certified receipts
for each notification sent to the state of record.
Proof of Notifications
(Required for both first and second notices and, if applicable, requests sent to the state of
record).
Notices Made by Certified Mail - Proof shall consist of the U.S. Post Office validated
(date stamped) receipts for certified mail (PS Form 3800) and return receipt (PS Form
3811), together with any unopened certified letter(s) returned by the post office as
undeliverable, unclaimed, or due to no forwarding address.
• Alternate for PS Form 3800 - A copy of the page from the Firm Mailing Book for
Accountable Mail (PS Form 3877) or a copy of a privately printed or computer
generated firm mailing bill can be acceptable, provided it contains a U.S. postal date
stamp, the name and complete address of the person/firm to whom the certified mail
was sent, and the “Article Number” corresponds on all documentation.
• Alternate for PS Form 3811 - A print-out of the U.S. postal service’s electronic
track/confirm screen may be acceptable or, when the post office loses the return
receipt or the unopened certified letters that should have been returned as
undeliverable, unclaimed or no forwarding address, the mailer may request a return of
receipt after mailing from the post office and the proof of delivery record provided by
the post office is acceptable.
Notices Made by Newspaper Publication (only if applicable)
Proof shall consist of evidence of the certified request (same as listed above for certified
mail) sent to the state of record requesting verification of owner(s) and lienholder(s), and a
legible photocopy of the newspaper publication that includes the name of the publication
and the date of publication.
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Landlord's Lien
Proof of Insurance
A copy of current proof of liability insurance in the applicant’s name (Refer to Chapter 11
of the TxDMV Motor Vehicle Registration Manual.);
City Ordinance
If foreclosure is in accordance with a city ordinance, the bill of sale refers to the ordinance
number under which removal and sale was authorized and a copy of the city ordinance
must be attached.
Serial Number
VTR may require a pencil tracing of the motor and serial numbers to establish the
vehicle’s correct identity.
Out of State Vehicles
If the vehicle was last registered outside of Texas, the following documentation is also
required:
• Out of State Vehicle Identification Certificate, Form VI-30, and
• Weight certificate for a commercial vehicle as explained Chapter 10, “Evidence of
Ownership”.
Storage Liens
Storage liens occurring in other states should be cleared by the state in which the lien was
created.
Public Auctions
When a vehicle is lawfully acquired at public auction pursuant to a Storage Lien
Foreclosure Sale and the vehicle is of such little value that it does not warrant the expense
of registration and title, the purchaser has the option of applying to the department for a
Nonrepairable Vehicle Title to dispose of the vehicle to a demolisher for demolition,
wrecking, or dismantling only. Application for such certificate must use the Junked
Vehicle Purchased at a Foreclosure Sale, Form VTR-70, accompanied by the applicable
storage foreclosure Form VTR-265-VSF, (with a revision date prior to 9/1/05) and all
related forms necessary to support the foreclosure transaction.
23.4 Landlord's Lien
When a landlord's lien is acquired on a motor vehicle under the provisions of the Property
Code, Chapter 54, Subchapter C, Sections 54.041 the landlord may sell or dispose of a
motor vehicle in accordance with the provisions of Chapter 54.
Note: If the vehicle title is not in the tenant's name, verification of the title record
cannot be obtained from another state, or if a release of lien cannot be
obtained, the landlord foreclosure procedure is not available and the
foreclosure must be accomplished through a county or district court.
A landlord may only use this procedure if they:
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Landlord's Lien
•
•
have a written lease or rental agreement with the tenant and a record of the title or
ownership of the motor vehicle can be established in the tenant's name.
have a lease agreement or contract that authorizes, in conspicuous bold print, the sale
and disposition of the property, signed by both the tenant and landlord.
Exempt Property
The landlord may not seize exempt property.
Seizure of Property Notice
The landlord must leave, in a conspicuous place within the dwelling, a written notice of
entry with an itemized list of the items removed immediately. The notice must state the
amount of delinquent rent and the name, address, and telephone number of the person the
tenant may contact regarding the amount owed. The notice must state that the property
will be promptly returned on full payment of the delinquent rent.
Notice of Sale
The landlord must give notice to the tenant no later than the thirtieth day before the date of
the sale. They must send notice by first class certified mail, return receipt requested, to the
tenant’s last known address and must include:
• the date, time, and place of the sale;
• an itemized account of the amount owed by the tenant to the landlord; and
• the name, address, and telephone number of the person the tenant may contact
regarding the sale and the right to redeem the property at any time before the property
is sold by paying all delinquent rents and, if authorized in the written lease, reasonable
packing, moving, storage, and sale costs.
Sale Requirements
The property must sell to the highest cash bidder at public sale.
The landlord may apply proceeds from the sale first to delinquent rents and, if authorized
by the written lease, reasonable packing, moving, storage, and sale costs.
The landlord must mail any sale proceeds remaining to the tenant at the tenant’s last
known address no later than the thirtieth day after the date of the sale. The landlord must
provide the tenant with an account of all the proceeds on the sale within 30 days of the
tenant making a written request for the accounting.
Transfer of Title
Vehicles sold to the highest bidder at public sale must transfer from the landlord to the
purchaser using the Landlord's Foreclosure Lien Affidavit, Form VTR-265-L.
1. The landlord must provide the purchaser:
•
•
•
a copy of the lease or rental agreement
a copy of the motor vehicle title record
a release of any recorded liens.
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Self-service Storage Facility Lien
2.
The purchaser must apply for a certificate of title in their name and provide a copy of
current proof of liability insurance in the purchaser’s name, covering the described
vehicle.
3.
If the vehicle was last registered outside of Texas, the following documentation is also
required:
•
•
4.
Vehicle Identification Certificate Form VI-30 and
Weight certificate for a commercial vehicle as explained in Chapter 10, “Evidence
of Ownership”.
Landlord liens occurring in other states should be cleared by the state in which the lien
was created.
23.5 Self-service Storage Facility Lien
When a self-service storage facility’s lien is acquired on a motor vehicle under the
provisions of the Property Code, Chapter 59, Section 59.021, the lien may be disposed of
in accordance with the provision of Section 59.042.
The following addresses foreclosure of self-service storage facility’s lien when possession
occurred on or after September 1, 1999. For information concerning foreclosure
procedures prior to September 1, 1999, refer to the Statutory Foreclosure Procedures
Chart at the end of this chapter.
Note: If unable to determine where the vehicle was last registered, this method of
disposal of the vehicle cannot be used. Disposal of the vehicle must be by court
order through a court of competent jurisdiction.
First Notice
Lessors must send the first notice to the last known owner(s) of record by verified mail,
return receipt requested, or if applicable, notice by newspaper publication.
Second Notice
If the tenant fails to satisfy the claim on or before the 14th day after the date the notice is
delivered, the lessor must publish or post notices advertising the sale. If the notice is by
publication, the lessor may not sell the property until the 15th day after the date the notice
is first published. If notice is by posting, the lessor may sell the property after the 10th day
after the date the notices are posted. See Notifications to the Owner(s) and any
Lienholder(s).
Contents and Delivery of Notice of Claim
In accordance with Section 59.043, the lessor's notice to the tenant must contain all of the
following:
• An itemized account of the claim
• The name, address, and telephone number of the lessor or the lessor's agent
• A statement that the contents of the self-service storage facility have been seized under
the contractual landlord's lien
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Self-service Storage Facility Lien
•
A statement that the if the tenant fails to satisfy the claim on or before the 14th day
after the date the notice is delivered, the property may be sold at public auction
• A statement underlined or printed in conspicuous bold print requesting a tenant who is
in military service to notify the lessor of the status of the tenant's current military
service immediately
A lessor may require written proof of a tenant's military service in the form of
documentation from the United States Department of Defense or other documentation
reasonably acceptable to the lessor.
The lessor must deliver the notice in person or by e-mail or verified mail to the tenant's
last known e-mail or postal address. Notice by verified mail is considered delivered when
the notice, properly addressed with postage prepaid, is deposited with the United States
Postal Service or a common carrier. Notice by e-mail is considered delivered when sent to
the last know e-mail address of the tenant. The notice may not be sent by e-mail unless a
written rental agreement between the lessor and the tenant contains language underlined
or in conspicuous bold print that notice may be given by e-mail if the tenant elects to
provide an e-mail address.
Public Sale
If charges are not paid before the 31st day after the second notice was made, the
possessory lienholder may sell the vehicle at public sale. Landlords may apply the
proceeds to the payment of charges due and pay the excess proceeds (balance) to the
person entitled to it.
Application for Title
The purchaser of the vehicle at public sale must apply for title in their name.
Notifications to the Owner(s) and Lienholder(s)
In addition to the notices required by Sections 59.042 and 59.044, no later than 30 days
after the lessor takes possession of the motor vehicle, the lessor must give written notice of
sale to the last known owner and each holder of a lien recorded on the motor vehicle title.
If the vehicle is registered or titled in another state, the lessor must provide notice to the
owner and each lienholder of record in that state.
The lessor must send notice by verified mail. The notice must include the amount of the
charges secured by the lien, a request for payment, and a statement that if the charges are
not paid in full before the 31st day after the date the notice is mailed or published, the
property may be sold at public auction.
Instead of verified mail, the lessor may publish the notice once in a print or electronic
version of a newspaper of general circulation in the county where the vehicle is stored.
The lessor may use publication as a notification process if:
• the lessor submits a written request by verified mail to the TxDMV or other registering
or titling entity requesting the identity of the last known owner of record and any
lienholder of record. Either of the following resulting responses qualifies for
publication:
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Self-service Storage Facility Lien
•
the entity advises the lessor in writing that they are unwilling or unable to provide
information on the last known owner of record or any lienholder of record
• the lessor does not receive a response from the entity on or before the 21st day after
the date the lessor submits the request
• the lessor cannot determine the identity of the last known owner of record
• the lessor cannot determine the identities and addresses of the lienholders of record
The lessor is not required to publish notice if a correctly addressed notice is sent with
sufficient postage and is returned as unclaimed or refused or with a notation that the
addressee is unknown or has moved without leaving a forwarding address or the
forwarding address has expired.
After receiving notice the owner of or lienholder on the vehicle may take possession of the
vehicle by paying all charges due to the lessor before the 31st day after the date the notice
is mailed or published. If the charges are not paid before the 31st day, the lessor may sell
the vehicle at public sale and apply the proceeds to their charges.
Title Evidence Required
The landlord (lessor) must complete an Application and Affidavit for Foreclosure of a
Self-service Storage Facility Lien, Form VTR-265-SSF.
A copy of the contract dated on and after 9-1-99 with the terms of the lease printed or
underlined in conspicuous bold print, which addresses the sale and disposition of the
property signed by both the tenant (lessee) and landlord (lessor). The lien is not
enforceable unless the sale and disposition of the property is authorized in a written lease
agreement.
Verification of Title and Registration
If registered in Texas – Verification of Texas title and registration is required.
If registered outside of Texas – Verification of title and registration from the state of
record. If not available, the landlord may provide the following:
• If a holder of a lien sends a written request for title and registration verification to the
state of record (by certified mail) and is informed by letter from that state that due to
the Driver’s Privacy Protection Act restrictions, the state elects to forward the
lienholder’s notification to the owner(s) for notification purposes, the original letter(s)
from the state of record, along with certified receipts for each notification sent to that
state, is acceptable; or
• If notification is made by newspaper publication, proof that a correctly addressed
request for the name and address of the last known registered owner(s) and
lienholder(s) was sent to the state of record by certified mail with return receipt
requested. Proof consists of a copy of the request sent along with certified receipts for
the notification sent to the state of record.
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Deployed Military Protections
Proof of Notifications
Notices by Verified Mail
Verified mail means any method of mailing that provides evidence of mailing. Proof
submitted to must consist of an official evidence of mailing issued by the USPS or a
common carrier (such as a receipt, copy of receipt, green card, or web site tracking
printout). In lieu of this, unopened letter(s) returned as undeliverable, unclaimed or no
forwarding address will be accepted.
Notice by Newspaper Publication (Only if applicable)
Proof consists of evidence of the certified request (same as listed above for certified mail)
sent to the state of record requesting verification of owner(s) and lienholder(s), and a
legible photocopy of the newspaper publication that includes the name of the publication
and the date of publication.
Liability Insurance
A copy of current proof of liability insurance in the applicant’s name. (Refer to Chapter 11
of the TxDMV Motor Vehicle Registration Manual.)
Serial Number
VTR may require a pencil tracing of the motor and serial numbers to establish the
vehicle’s correct identity.
Out-of-state Vehicles
If the vehicle was last registered out of Texas, the following documentation is also
required:
• Out-of-State Identification Certificate, Form VI-30; and
• Weight certificate on a commercial vehicle as explained in Chapter 10, “Evidence of
Ownership”.
Self Service Storage Liens
A self-service storage facility lien takes priority over all other liens. Therefore, a release of
any recorded lien is not required.
Self-Service Storage liens occurring in other states should be cleared by the state in which
the lien was created.
Service Members
Under Section 59.010, servicemember has the meaning assigned by Section 101,
Servicemembers Civil Relief Act (50 U.S.C. App. Section 511). A member of the Texas
State Guard or Texas National Guard who is in military service is entitled to the same
protections and rights relating to the enforcement of storage liens under the
Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.) to which a
servicemember is entitled.
23.6 Deployed Military Protections
Refer to Chapter 20, Section 20.3 Deployed Military Protections.
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Statutory Foreclosure Procedures Charts
23.7 Statutory Foreclosure Procedures Charts
1.
Abandoned Nuisance Vehicles Disposal Chart
•
Procedures to obtain a Nonrepairable Vehicle Title to demolish an abandoned
nuisance vehicle.
Procedures effective September 1, 2001.
Storage Lien Chart Property Code, Chapter 70 on and after September 1, 2001
•
2.
•
•
3.
•
•
4.
•
•
5.
•
•
6.
•
•
7.
Procedures for unpaid storage and tow charges for a consent private property tow.
Procedures effective for vehicles stored on and after September 1, 1999.
Storage Lien Chart Property Code, Chapter 70 Prior to September 1, 1999
Procedures for unpaid storage and tow charges for a consent private property tow.
Procedures effective for vehicles stored prior to September 1, 1999.
Landlord Lien Chart Property Code, Chapter 54 Effective on September 1, 1999
Procedures for a landlord to acquire a lien for unpaid rent.
Procedures effective on and after September 1, 1999.
Franchised Dealer Mechanic Lien Chart Property Code, Chapter 70
Procedures to acquire a lien on a motor vehicle for unpaid repair charges.
Procedures effective for vehicles repaired on and after September 1, 1999.
Mechanic Lien Chart Property Code, Chapter 70 Effective Prior to September 1, 1999
Procedures to acquire a lien on a motor vehicle for unpaid repair charges.
Procedures effective for vehicles repaired prior to September 1, 1999.
Mechanic Lien Chart Property Code, Chapter 70
8.
Self-service Storage Chart Property Code, Chapter 59 & Chapter 70 Effective on or
after Sept 1, 1999
•
Procedures to acquire a lien on property stored in a self-service storage facility for
charges due and unpaid by the tenant.
Procedures effective on and after September 1, 1999.
Self-service Storage Chart Property Code, Chapter 59 Effective Prior to September 1,
1999
•
9.
•
•
10.
•
•
Procedures to acquire a lien on property stored in a self-service storage facility for
charges due and unpaid by the tenant.
Procedures effective prior to September 1, 1999.
Licensed Vehicle Storage Facility Chart, Vehicle Storage Facility Act, Effective Since
Sept 1, 2005
Procedures for a licensed vehicle storage facility to acquire a lien on a motor vehicle
for unpaid storage and tow charges when the vehicle was towed without the owner or
lienholder’s consent.
Procedures effective for vehicles stored on and after September 1, 2005.
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Statutory Foreclosure Procedures Charts
11.
Licensed Vehicle Storage Facility Chart, Vehicle Storage Facility Act, Effective prior
to Sept 1, 2005
•
Procedures for a licensed vehicle storage facility to acquire a lien on a motor vehicle
for unpaid storage and tow charges when the vehicle was towed without the owner or
lienholder’s consent.
Procedures effective for vehicles stored prior to September 1, 2005.
•
Abandoned Nuisance Vehicles Disposal Chart
Table 23-2 lists procedures to obtain a Nonrepairable Vehicle Title to demolish an
abandoned nuisance vehicle under Occupations Code, Chapter 2303. Vehicle Storage
Facilities.
Type: Vehicle Storage Facility for Non-Consent Tows Only
Forms: Application for Authority to Dispose of an Abandoned Nuisance Vehicle to a
Demolisher, VTR-71-6
Storage Location: Facility
Authorization:
• Law Enforcement and Anyone other than the owner or lienholder of record;
• Operator of the vehicle; or
• Person having possession, custody or control of the vehicle
Table 23-2
Abandoned Nuisance Vehicles Disposal Chart
Statute
Details
Occupations Code
2303.002 (1)
1. Definitions:
2303.002 (8)
•
2303.101
•
2303.003 (a)
•
Occupations Code
2303.151 (a)
2. Notification:
2303.151 (b)
•
•
•
Motor Vehicle Title Manual
Abandoned Nuisance Vehicle - A motor vehicle that is: at least 10 years old; and of a
condition only to be demolished, wrecked, or dismantled.
Vehicle Storage Facility (VSF) - A garage, parking lot, or any type of facility owned by a
person other than a governmental entity used to store or park at least 10 vehicles each year.
License - A person may not operate a VSF unless the person holds a current license to
operate a vehicle storage facility issued to the person by the Texas Department of Licensing
and Regulation or the Motor Carrier Division (if prior to January 1, 2008).
Non-consent Only - This article does not apply to a vehicle parked or stored at a VSF with
the consent of the vehicle’s owner.
Vehicle registered in Texas - When a vehicle that is registered in this state is towed to a
facility for storage, the operator of the VSF is required to send a written notice to the last
registered owner and primary lienholder. The notice must be sent not later than the fifth day
but not before 24 hours after the operator receives the vehicle. The VSF may not charge for
more than five days storage until the notice is sent.
Vehicle registered out-of-state - When a vehicle that is registered outside this state or the
United States is towed to a facility for storage, the operator of the VSF is required to send a
written notice to the last registered owner and all recorded lienholders. The notice must be
sent not later than the 14th day but not before 24 hours after the operator receives the
vehicle. The VSF may not charge for more than five days storage until the notice is sent.
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Statutory Foreclosure Procedures Charts
Statute
Details
Occupations Code
2303.151 (d)
2303.153 (a)
3. Written Notification Contents:
Occupations Code
2303.153 (d)
2303.152 (c)
4. Newspaper Publication Option:
The written notice must be correctly addressed, with sufficient postage, sent by certified mail,
return receipt requested or electronic certified mail, and must contain:
• the date the vehicle was accepted for storage;
• the first day for which a storage fee is assessed;
• the daily storage rate;
• the type and amount of all other charges to be paid when the vehicle is claimed;
• the full name, street address, and telephone number of the facility;
• the hours during which the owner may claim the vehicle; and
• the facility license number preceded by “Vehicle Storage Facility License Number”.
Notice by publication in a newspaper of general circulation in the county in which the vehicle is
stored may be used if:
1. the vehicle is registered in another state or does not display a license plate or a vehicle
inspection certificate indicating the state of registration;
2. the storage facility submitted a request for owner information to the governmental entity
which registered the vehicle and received no response, or insufficient information;
3. the registration does not contain an address for the registered owner or the identify of the
registered owner cannot reasonably be determined by the operator of the storage facility; or
4. the operator of the storage facility cannot reasonably determine the identity and address of
each lienholder.
Notice by publication in a newspaper may include a list of more than one vehicle.
Notice by publication in a newspaper is not required if all correctly addressed notices sent were
returned because the notices were unclaimed or refused or the addressee(s) moved without
leaving a forwarding address.
Occupations Code
2303.153 (b)
5. Newspaper Publication Contents:
Transportation Code
683.031 (a)
6. Vehicle Abandoned in Storage Facility:
Transportation Code
683.031 (c)
7. Report to Law Enforcement:
683.032 (b)
•
Occupations Code
2303.1545
2303.157 (a), (b)
8. Disposal of the Abandoned Nuisance Vehicle:
2303.157 (c)
The publication must contain:
• the vehicle description;
• the total charges;
• the full name, street address, and telephone number of the facility; and
• the facility license number preceded by “Vehicle Storage Facility License Number”.
A motor vehicle is abandoned if the vehicle is left in a storage facility after 10 days from date of
notice (deems vehicle abandoned by statute).
•
•
•
•
•
Motor Vehicle Title Manual
The VSF must report the abandonment of the motor vehicle to law enforcement within 7 days
of the deemed abandoned date (10 days from date of notice) and pay a $10 fee to law
enforcement.
If the VSF does not report the abandonment of the motor vehicle to law enforcement within 7
days after the date it is deemed abandoned, the VSF may not claim reimbursement for
storage of the vehicle.
VSF must allow 30 days to elapse from the date of the notification.
A second notification is not required to be mailed or published.
If not reclaimed by a person entitled to claim the vehicle; or taken into custody by a law
enforcement agency, VSF may dispose of the vehicle on the 30th day after the date the
notice is mailed or published without a release of lien.
The VSF must submit an application (Form VTR-71-6) to the department for disposal of the
vehicle notifying the department that notices under Occupations Code, Chapter 2303, and
Transportation Code, Chapter 683, have been provided; and submit a $10 fee.
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Statutory Foreclosure Procedures Charts
Statute
Details
9. Application Process:
•
•
•
•
•
•
•
A completed Form VTR-71-6, Application for Authority to Dispose of an Abandoned
Nuisance Vehicle to a Demolisher.
Payment of $10.00 fee in the form of a cashier’s check, money order, or check made
payable to the Texas Department of Motor Vehicles.
A Texas or an out-of-state title and registration verification, if applicable. If no record, a
verification by vehicle identification number of no record in Texas is required.
Verified mail receipts (originals).
Any unopened returned certified or registered mail returned by the US Post Office or other
common carrier as undeliverable, unclaimed or no forwarding address, if applicable.
If the services of an electronic certified mail vendor are used for vehicles towed on or after
September 1, 2003, a verifiable copy of an electronic listing indicating when the notice was
mailed, delivered and/or returned to the sender is acceptable.
Copy of newspaper publication, if applicable. The form, fee, and all applicable
documentation should be submitted to the:
Texas Department of Motor Vehicles
Vehicle Titles and Registration Division
Austin, Texas 78779-0001
Storage Lien Chart Property Code, Chapter 70 on and after
September 1, 2001
Table 23-3 lists procedures for unpaid storage and tow charges for a consent private
property tow under Occupations Code, Chapter 2303.
Type: Consent/Private Property Storage
Forms: Storage Lien for Abandoned Vehicle or Private Tow, VTR-265-S (Rev. on or
after 9/1/1999)
Storage Location: Vehicle Storage Facility
Authorization: Contract
Table 23-3
Consent Private Property on
Statute
and after September 1, 2001
Details
Property Code, §70.003
1. Lien:
A garage man with whom a motor vehicle is left for care has a lien on the motor vehicle for the
amount of charges for the care, including reasonable charges for towing the motor vehicle to the
garage man’s place of business.
Property Code, §70.004(e)
2. Fees:
A person is entitled to fees for:
• towing, impoundment, preservations, and notification;
• reasonable storage fees for up to five days before the day that the notice is mailed or
published, as applicable; and
• reasonable storage, impoundment, and preservation fees, after the day that the notice is
mailed or published, until the motor vehicle is removed and accrued charges are paid.
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Statutory Foreclosure Procedures Charts
Table 23-3
Consent Private Property on
and after September 1, 2001
Statute
Details
Property Code, §70.004(a)
3. Notification:
• Upon expiration of the contract, the garage man is required to notify the last known owner
and each lienholder of record by certified mail.
• If registered in this state, the notice shall be given to the last known owner/lienholder by
certified mail within five days after the expiration of the contract.
• If registered outside this state, the notice shall be given to the last known registered owner
and each lienholder of record not later than the 14th day after the expiration of the contract.
Property Code, §70.004(b)
4. Notice by Verified Mail:
The notice must be sent by certified or registered mail with return receipt requested. (see Proof
of Notifications)
The notice must contain:
• a request to remove the motor vehicle;
• a request for payment;
• the location of the motor vehicle; and
• the amount of accrued charges.
Property Code, §70.004 (c)
5. Published Notice:
The notice may be given by publishing the notice once in a newspaper of general circulation in
the county in which the motor vehicle is stored if all of the following apply:
• the motor vehicle is registered in another state;
• the holder of the lien submits a written request by certified mail, return receipt requested, to
the governmental entity with which the motor vehicle is registered, requesting information
relating to the identity of the last known registered owner and any lienholder of record;
• the holder of the lien:
1. is advised in writing by the governmental entity with which the motor vehicle is registered
that the entity is unwilling or unable to provide information on the last known registered
owner or any lienholder of record; or
70.004 (d)
•
•
•
•
70.006 (a)
70.006 (f)
Transportation Code,
§501.074 (c)
Property Code, §70.006 (f)
2. does not receive a response from the governmental entity with which the motor vehicle is
registered on or before the 21st day after the date the holder of the lien submits a request;
the identity of the last known registered owner cannot be determined;
the registration does not contain an address for the last known registered owner; and
the holder of the lien cannot determine the identities and addresses of the lienholders of
record.
The published notice is not required, if a correctly addressed notice is sent by certified mail
with return receipt requested, with sufficient postage and is returned as unclaimed or refused
or with a notation that the addressee is unknown or has moved without leaving a forwarding
address.
6. Sale of Vehicle:
• The garage man must allow 30 days from the date of the 1st notice. (See # 3.)
• On the 31st day, the second notice is required to be sent (refer to # 4 and 5).
• If not reclaimed by the 31st day after the date of the second notice, the vehicle may be sold
at public sale.
• The garage man must complete the Form VTR-265-S including dates certified mail was sent
and attaching the certified mail receipts and any returned unopened letters.
• The possessory lienholder shall apply the proceeds to the payment of charges and shall pay
the balance to the person entitled to it.
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Statutory Foreclosure Procedures Charts
Table 23-3
Consent Private Property on
Statute
Transportation Code,
§501.074 (c)
501.023
501.023
§601.051
§501.074
Transportation Code
§501.030 (a), (e), §548.256
and after September 1, 2001
Details
7. Evidence Required to Transfer a Motor Vehicle Subject to a Storage Lien Foreclosure:
• Verification of Title and Registration
If registered in Texas
Verification of Texas title and registration is required.
If registered outside of Texas
Verification of title and registration from the state of record, if available. If not available, the
following may be provided in lieu of title and registration verification from the state of record:
1. If a holder of a lien sends a request for title and registration verification to the state of
record (by certified mail) and is informed by letter from that state that due to the Driver’s
Privacy Protection Act restrictions, the state elects to forward the lienholder’s notification to
the owner(s) for notification purposes, the original letter(s) from the state of record, along
with certified receipts for each notification sent to that state, is acceptable; or
2. If notification is made by newspaper publication, proof that a correctly addressed request
for the name and address of the last known registered owner(s) and lienholder(s) was sent to
the state of record by certified mail with return receipt requested. Proof shall consist of a
copy of the request sent along with certified receipts for the notification sent to the state of
record.
• Application for Texas Title, Form 130-U
• Release of Lien - A release of lien is required for any lien properly recorded in Texas or out of
state, if applicable.
• Liability Insurance - A copy of current proof of liability insurance in the title applicant’s name.
• Document Authorizing Possession - A copy of the document authorizing possession, or Item
4 or 5 of B completed on Form VTR-265-S.
• Form VTR-265-S - A properly completed Form VTR-265-S, Storage Lien for Abandoned
Vehicle or Private Tow, executed by the statutory lienholder.
• Proof of Notifications
Notice by Newspaper Publication (Only if applicable) – Proof shall consist of evidence of the
certified request (same as listed above for certified mail) sent to the state of record requesting
verification of owner(s) and lienholder(s), and a legible photocopy of the newspaper publication
which includes the name of the publication and the date of publication.
• Pencil Tracing
A pencil tracing of the motor and serial numbers may be required to establish the vehicle’s
correct identity.
• Out-of-state Vehicles
If the vehicle was last registered outside of Texas, the following documentation is also required:
• Identification Certificate; and Weight certificate on a commercial vehicle.
Motor Vehicle Title Manual
23-27
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Storage Lien Chart Property Code, Chapter 70 Prior to September
1, 1999
Table 23-4 lists procedures effective prior to September 1, 1999 for unpaid storage and
tow charges for a consent private property tow under Occupations Code, Chapter 2303.
Type: Consent/Private Property Storage
Forms: Storage Lien for Abandoned Vehicle or Private Tow, VTR-265-S (Rev. prior
to 9/1/1999)
Storage Location: Vehicle Storage Facility
Authorization: Contract
Table 23-4
Consent Private Property Prior to September 1, 1999
Statute
Details
Property Code, §70.003
1. Lien:
A garage man with whom a motor vehicle is left for care has a lien on the motor vehicle for the
amount of charges for the care, including reasonable charges for towing the motor vehicle to the
garage man’s place of business.
Transportation Code,
§683.031 (a) (2)
2. Notification:
Property Code,
§70.006 (a)
§70.006 (b)
•
•
•
•
Upon expiration of the contract, the garage man is required to notify the last known owner
and each lienholder of record by certified mail within 10 days of such expiration.
The garage man must allow 30 more days of storage fees to accrue from the date of the 1st
notice.
If storage fees remain unpaid 30 days after the 1st notice is sent, the garage man must send
a second notice by certified mail.
If not reclaimed by the 31st day after the date of the second notice, the vehicle may be sold
at public sale.
Transportation Code,
§501.074 (c)
3. Upon sale of the Vehicle:
The garage man shall complete the Form VTR-265-S including dates certified mail was sent and
attaching the certified mail receipts and any returned unopened letters.
Property Code, §70.006 (f)
4. Proceeds of Sale:
The possessory lienholder shall apply the proceeds to the payment of charges and shall pay the
balance to the person entitled to it.
Motor Vehicle Title Manual
23-28
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-4
Consent Private Property Prior to September 1, 1999
Statute
Transportation
Code,
§501.023
§501.074 (c)
Transportation Code,
§601.051
§501.030(a), (e)
§548.256
Details
5. Evidence Required to Transfer a Motor Vehicle Subject to a Storage Lien Foreclosure:
• Verification of title and registration.
• Application for Texas Title, Form 130-U.
• Release of lien for any lien properly recorded in Texas or out of state, if applicable.
• A copy of the document authorizing possession unless Item 5 of B on the Form VTR-265-S
is completed.
• A properly completed Form VTR-265-S, Storage Lien for Abandoned Vehicle or Private Tow,
executed by the statutory lienholder.
• Proof of Verified Mail – Verified mail means any method of mailing that provides evidence of
mailing. Proof submitted to must consist of an official evidence of mailing issued by the
USPS or a common carrier (such as a receipt, copy of receipt, green card, or web site
tracking printout). In lieu of this, unopened letter(s) returned as undeliverable, unclaimed or
no forwarding address will be accepted.
• Liability Insurance – A copy of current proof of liability insurance in the title applicant’s name.
• Pencil Tracing – A pencil tracing of the motor and serial numbers may be required to
establish the vehicle’s correct identity.
• Out-of-state Vehicles – If the vehicle was last registered outside of Texas, the following
documentation is also required:
1. Identification Certificate; and
2. Weight certificate on a commercial vehicle.
Motor Vehicle Title Manual
23-29
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Landlord Lien Chart Property Code, Chapter 54 Effective on
September 1, 1999
Table 23-5 lists procedures effective on and after September 1, 1999 for a landlord to
acquire a lien for unpaid rent. Occupations Code, Chapter 2303. If unable to determine
where the vehicle was last registered, this procedure cannot be used. Disposal of the
vehicle must be through a court of competent jurisdiction.
Type: Landlord Lien
Forms: Landlord’s Foreclosure Lien Affidavit, VTR-265-L (Rev. on or after
9/1/1999)
Storage Location: Lease or Rental Property
Authorization: Landlord or the Landlord’s Agent
Table 23-5
Landlord Lien Chart Property Code, Chapter 54 Effective on September 1, 1999
Statute
Details
Property Code, §54.041
1. Lien:
A landlord of a single or multifamily residence has a lien for unpaid rent that is due. The lien
attaches to nonexempt property that is in the residence or that the tenant has stored in a storage
room.
Property Code, §54.042.
Exemptions
2. Applicable Exemptions:
A lien under this subchapter does not attach to:
• One automobile and one truck;
• Goods that the landlord or the landlord’s agent knows are owned by a person other than the
tenant or an occupant of the residence; and
• Goods that the landlord or the landlord’s agent knows are subject to a recorded chattel
mortgage or financing agreement.
54.043. Enforceability of
Contractual Provisions (a)
§54.044. Seizure of
Property (a)
§54.044 (b)
3. Requirements:
• A contractual landlord’s lien is not enforceable unless it is underlined or printed in
conspicuous bold print in the lease agreement.
• The landlord or the landlord’s agent may not seize exempt property and may seize
nonexempt property only if authorized by a written lease and can be accomplished without a
breach of the peace.
• Immediately after seizing property, the landlord or the landlord’s agent shall leave written
notice of entry, in a conspicuous place within the dwelling, an itemized list of the items
removed.
• The notice must state the amount of delinquent rent, the name, address, and telephone
number of the person the tenant may contact regarding the amount owed and that the
property is promptly returned on full payment of the delinquent rent.
54.045. Sale of Property
(a)
§54.045 (b)
4. Sale Requirements:
• Before selling seized property, the landlord or the landlord’s agent must give notice to the
tenant not later than the 30th day before the date of the sale.
• The notice must be sent by both first class mail and certified mail, return receipt requested,
to the tenant’s last known address.
The notice must contain:
• the date, time, and place of the sale;
• an itemized account of the amount owed by the tenant to the landlord; and
• the name, address, and telephone number of the person the tenant may contact regarding
the sale, the amount owed, and the right of the tenant to redeem the property (see Number
7. Sale of Property).
54.044. Seizure of
Property (c)
§54.044 (d)
Sale of Property (a)
§54.045 (c)
Motor Vehicle Title Manual
23-30
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-5
Landlord Lien Chart Property Code, Chapter 54 Effective on September 1, 1999
Statute
Details
§54.045 (d)
5. Seizure of Property:
• Unless authorized in a written lease, the landlord is not entitled to collect a charge for
packing, removing, or storing property seized.
• If the tenant has abandoned the premises, the landlord or the landlord’s agent may remove
its contents.
54.045. Sale of Property
(e)
6. Sale of Property:
Property may not be sold or otherwise disposed of unless the sale or disposition is authorized in
a written lease.
• A sale under this section is subject to a recorded chattel mortgage or financing statement.
• The property shall be sold to the highest cash bidder.
• Proceeds from the sale shall be applied first to delinquent rents and, if authorized by the
written lease, reasonable packing, moving, storage, and sale costs.
• Any sale proceeds remaining after payment of the amounts authorized (above) shall be
mailed to the tenant at the tenant’s last known address not later than the 30th day after the
date of the sale.
The landlord shall provide the tenant with an accounting of all proceeds of the sale not later than
the 30th day after the date on which the tenant makes a written request for the accounting.
7. Tenant’s Right to Redeem Property:
The tenant may redeem the property at any time before the property is sold by paying to the
landlord or the landlord’s agent all delinquent rents and, if authorized in the written lease, all
reasonable packing, moving, storage, and sale costs.
4.046. Violation by
Landlord
8. Landlord Violation:
If a landlord or the landlord’s agent willfully violates this chapter, the tenant is entitled to actual
damages, return of any property seized that has not been sold, return of the proceeds of any
sale of seized property, and one month’s rent or $500, whichever is greater, less any amount for
which the tenant is liable; and reasonable attorney’s fees.
01.023
9. Evidence Required to Transfer a Motor Vehicle Subject to a Landlord Lien Foreclosure:
• A copy of a contract signed by the tenant and the landlord, which addresses the sale and
disposition of the property.
• A copy of the written notice left for tenant when the property was removed.
• An Application and Landlord's Foreclosure Lien Affidavit, Form VTR-265-L, executed by the
landlord or landlord’s agent.
• Application for Texas Title, Form 130-U.
• A copy of the title record in the tenant’s name.
• If the vehicle was last registered outside of Texas, the following documentation is also
required:
1. Identification Certificate; and
§501.030 (a), (e)
§548.256
§502.046 (c), §601.051
•
•
Motor Vehicle Title Manual
2. Weight certificate on a commercial vehicle.
A copy of current proof of liability insurance in the title applicant’s name.
A release of lien, if applicable.
23-31
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Franchised Dealer Mechanic Lien Chart Property Code, Chapter 70
Table 23-6 lists procedures for a franchised dealer to acquire a lien on a motor vehicle for
unpaid repair charges.
Type: Mechanic’s Lien
Forms: Mechanic’s Lien Foreclosure, VTR-265-M (Rev. on or after 9/1/1999)
Storage Location: Repair Shop
Authorization: Owner or lienholder of record or operator of vehicle
Table 23-6
Mechanic Lien Chart Property Code, Chapter 70
Statute
Details
Property Code, §70.001,
Worker’s Lien
1. Lien:
Property Code, §70.001 (c)
2. Possession:
Must have been authorized by a signed work order or contract stating the vehicle would be
subject to repossession and the charges due have not been paid.
Property Code, §70.006
(a), (b)
3. Foreclosure Notice:
Property Code,
§70.006 (c)
70.006 (d)
4. Notification to the Owner(s) and any Lienholder(s):
A worker in this state, who by labor, repairs a motor vehicle, may retain possession of the
vehicle until:
• The amount due under the contract for the repairs is paid; or
• If no amount is specified by contract, the reasonable and usual compensation is paid.
Within thirty days after the day on which repair charges accrue, the person claiming the lien shall
notify the owner(s) and lienholder(s) of record by certified or verified mail, return receipt
requested, of the amount of charges due and a request for payment. The notice must also be
sent to the address that appears on the work order/document authorizing possession, if the
addresses are different from the address on the motor vehicle record. Notice by newspaper
publication may be permitted (see # 4 below).
In lieu of written notification, publication of the notice(s) in a newspaper of general circulation in
the county in which the vehicle is stored may be used only if ALL of the following apply:
1. the motor vehicle is registered in another state;
2. the holder of the lien submits a written request by certified mail, return receipt requested, to
the governmental entity with which the motor vehicle is registered requesting information
relating to the identity of the last known registered owner and any lienholder of record;
3. the holder of a lien:
(a) is advised in writing by the governmental entity with which the motor vehicle is registered that
the entity is unwilling or unable to provide information on the last known registered owner or any
lienholder of record; or
(b) does not receive a response from the governmental entity with which the motor vehicle is
registered on or before the 21st day after the date the holder of the lien submits a request under
#(2) above.
4. the identity of the last known registered owner cannot be determined:
5. the registration does not contain an address for the last known registered owner; and
6. the holder of the lien cannot determine the identities and addresses of the lienholders of
record.
NOTE: The holder of the lien is not required to publish notice if a correctly addressed notice is
sent with sufficient postage and is returned as unclaimed or refused or with a notation that the
addressee is unknown or has moved without leaving a forwarding address.
Motor Vehicle Title Manual
23-32
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-6
Mechanic Lien Chart Property Code, Chapter 70
Statute
Details
Property Code,
§70.006 (b)
5. Storage Notice, if applicable:
If any amount of the charges includes storage fees, a second notification must be made by
certified mail to the registered owner(s) and lienholder(s), or see # 4 above for applicable notice
by newspaper publication. If last registered outside of Texas, notice must be made within
fourteen (14) days of obtaining possession. A Storage Lien for Abandoned Vehicle or Private
Tow, Form VTR-265-S with a revision date of 9-1-99, or after, must also be completed.
A release of lien is also required if any portion of the amount due represents charges for storage;
otherwise, foreclosure must be through a court of competent jurisdiction.
Property Code,
§70.006 (f)
6. Public Sale:
If charges are not paid before the 31st day after the day on which notice of the amount of
charges was mailed or published, and charges do not include storage fees, the possessory
lienholder may sell the vehicle at public sale without obtaining a release of lien. The proceeds
shall be applied to the payment of charges and the balance shall be paid to the person entitled
to it.
Transportation Code,
§501.074 (c)
7. Application for Title:
The highest bidder must apply for title.
Transportation Code,
§501.071 and §501.074 (c)
8. Evidence Required to Transfer a Motor Vehicle Subject to a Mechanic’s Lien
Foreclosure:
• Verification of Title and Registration
If registered in Texas – Verification of Texas title and registration is required.
If registered outside of Texas – Verification of title and registration from the state of record, if
available. If not available, the following may be provided in lieu of title and registration
verification from the state of record:
• If a holder of a lien sends a request for title and registration verification to the state of record
(by certified mail) and is informed by letter from that state that due to the Driver’s Privacy
Protection Act restrictions, the state elects to forward the lienholder’s notification to the
owner(s) for notification purposes, the original letter(s) from the state of record, along with
certified receipts for each notification sent to that state, is acceptable; or
• If notification is made by newspaper publication, proof that a correctly addressed request for
the name and address of the last known registered owner(s) and lienholder(s) was sent to
the state of record by certified mail with return receipt requested. Proof shall consist of a
copy of the request sent along with certified receipts for the notification sent to the state of
record.
• Application for Texas Title, Form 130-U
• A properly completed Mechanic’s Lien Foreclosure, Form VTR-265-M, executed by the
statutory lienholder
• Proof of Notifications
Transportation Code,
§501.023
501.074 (c)
Motor Vehicle Title Manual
23-33
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-6
Mechanic Lien Chart Property Code, Chapter 70
Statute
Transportation Code,
§501.074 (c) (2)
§502.046 (c), §601.051
§501.030 (a), (e), §548.256
Details
Notices by Certified Mail – Proof shall consist of the U.S. Post Office validated (date stamped)
receipts for certified mail (PS Form 3800) and return receipt (PS Form 3811), together with any
unopened certified letter(s) returned by the post office as undeliverable, unclaimed, or due to no
forwarding address.
A copy of the PS Form 3877 can be accepted in lieu of a PS Form 3800, provided the form
contains a U.S. postal date stamp and the “Article Number” on all documentation (PS Form
3811, PS Form 3877, unopened envelope) corresponds.
A copy of the page from the Firm Mailing Book for Accountable Mail (PS Form 3877) or a
print-out of the U.S. Postal Service’s electronic track/confirm screen may be accepted in lieu of
the PS Form 3811 when the post office loses the return receipt (PS Form 3811), or the
unopened certified letters that should have been returned as undeliverable, unclaimed or no
forwarding address.
Notices by Newspaper Publication (Only if applicable) – Proof shall consist of evidence of the
certified request (same as listed above for certified mail) sent to the state of record requesting
verification of owner(s) and lienholder(s), and a legible photocopy of the newspaper publication
which includes the name of the publication and the date of publication.
• Liability Insurance - A copy of current proof of liability insurance in the title applicant’s name.
• Work Order - Attach a copy of the work order or complete Item 4 of B on the Form
VTR-265-M.
• Pencil Tracing - A pencil tracing of the motor and serial numbers may be required to
establish the vehicle’s correct identity.
• Out-of-state Vehicles - If the vehicle was last registered outside of Texas, the following
documentation is also required:
• Identification Certificate; and Weight certificate on a commercial vehicle.
A release of lien is not required for mechanic’s lien foreclosure only transactions. If transaction
includes storage fees, see # 5 above
Motor Vehicle Title Manual
23-34
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Mechanic Lien Chart Property Code, Chapter 70 Effective Prior to
September 1, 1999
Table 23-7 lists procedures effective prior to September 1, 1999 for a dealer to acquire a
lien on a motor vehicle for unpaid repair charges.
Type: Mechanic’s Lien
Forms: Mechanic’s Lien Foreclosure, VTR-265-M (Rev. prior to 9/1/1999)
Storage Location: Repair Shop
Authorization: Owner or lienholder of record or operator of vehicle
Table 23-7
Mechanic Lien Chart Property Code, Chapter 70 Effective Prior to Sept 1, 1999
Statute
Details
Property Code, §70.001,
Worker’s Lien
1. Lien:
A worker in this state, who by labor, repairs a motor vehicle, may retain possession of the
vehicle until:
• The amount due under the contract for the repairs is paid; or
• If no amount is specified by contract, the reasonable and usual compensation is paid.
Property Code, §70.006
(a)
2. Possession:
Must have continued for thirty (30) days after the charges accrued and the charges due have not
been paid.
Property Code, §70.006
(a), (b)
3. Foreclosure Notice:
Thirty (30) days after the day on which repair charges accrue, the person claiming the lien shall
notify the owner(s) and lienholder(s) of record by certified mail, return receipt requested, of the
amount of charges due and a request for payment. The notice must also be sent to the address
that appears on the work order/document authorizing possession, if the addresses are different
from the address on the motor vehicle record.
Property Code,
§70.006 (b)
4. Storage Notice, if Applicable:
If any amount of the charges includes storage fees, a second notification must be made by
certified mail to the registered owner(s) and lienholder(s) and a Form VTR-265-S must be
completed. A release of lien is also required if any portion of the amount due represents charges
for storage; otherwise, foreclosure must be through a court of competent jurisdiction.
Property Code,
§70.006 (f)
5. Public Sale:
If charges are not paid before the 31st day after the day on which notice of the amount of
charges was mailed or published, and charges do not include storage fees, the possessory
lienholder may sell the vehicle at public sale without obtaining a release of lien. The proceeds
shall be applied to the payment of charges and the balance shall be paid to the person entitled
to it.
Transportation Code,
§501.074 (c)
6. Application for Title:
The highest bidder must apply for title.
Motor Vehicle Title Manual
23-35
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-7
Mechanic Lien Chart Property Code, Chapter 70 Effective Prior to Sept 1, 1999
Statute
Transportation Code,
§501.071 and §501.074
(c)
§501.023
§501.074 (c) (1)
§501.074 (c) (2)
§502.046 (c), §601.051
§501.030 (a), (e),
§548.256
Details
7. Evidence Required to Transfer a Motor Vehicle Subject to a Mechanic’s Lien
Foreclosure:
• A copy of the Title and Registration, if applicable.
If registered in Texas – Verification of Texas title and registration is required.
If registered outside of Texas – Verification of title and registration from the state of record, if
available. If a holder of a lien sends a request for title and registration verification to the state of
record (by certified mail) and is informed by letter from that state that due to the Driver’s Privacy
Protection Act restrictions, the state elects to forward the lienholder’s notification to the owner(s)
for notification purposes, the original letter(s) from the state of record, along with certified
receipts for each notification sent to that state, is acceptable.
• Application for Texas Title, Form 130-U.
• A properly completed Mechanic’s Lien Foreclosure application, Form VTR-265-M, executed
by the statutory lienholder.
• Proof of Notifications - Proof shall consist of the U.S. Post Office validated (date stamped)
receipts for certified mail (PS Form 3800) and return receipt (PS Form 3811), together with
any unopened certified letter(s) returned by the post office as undeliverable, unclaimed, or
due to no forwarding address.
A copy of the PS Form 3877 can be accepted in lieu of a PS Form 3800, provided the form
contains a U.S. postal date stamp and the “Article Number” on all documentation (PS Form
3811, PS Form 3877, unopened envelope) corresponds.
• A copy of the page from the Firm Mailing Book for Accountable Mail (PS Form 3877) or a
print-out of the U.S. Postal Service’s electronic track/confirm screen may be accepted in lieu
of the PS Form 3811 when the post office loses the return receipt (PS Form 3811), or the
unopened certified letters that should have been returned as undeliverable, unclaimed or no
forwarding address.
• Liability Insurance - A copy of current proof of liability insurance in the title applicant’s name.
• Work Order - Attach a copy of the work order or complete Item 4 of B on the Form
VTR-265-M.
• Pencil Tracing - A pencil tracing of the motor and serial numbers may be required to
establish the vehicle’s correct identity.
• Out-of-state Vehicles - If the vehicle was last registered outside of Texas, the following
documentation is also required:
1. Identification Certificate; and
•
Motor Vehicle Title Manual
2. Weight certificate on a commercial vehicle.
A release of lien is not required for mechanic’s lien foreclosure transactions involving only
repair charges. If transaction includes storage fees, see # 4 above.
23-36
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Mechanic Lien Chart Property Code, Chapter 70
Table 23-8 lists procedures for a non franchised dealer to acquire a lien on a motor vehicle
for unpaid repair charges.
Type: Mechanic’s Lien
Forms: Mechanic’s Lien Foreclosure, VTR-265-M (Rev. after 9/1/1999)
Storage Location: Repair Shop
Authorization: Owner or lienholder of record or operator of vehicle
Table 23-8
Mechanic Lien Chart Property Code, Chapter 70
Statute
Property Code, §70.001,
Worker’s Lien
Details
Property Code, §70.006
(a)
1. Lien:
A worker in this state, who by labor, repairs a motor vehicle, may retain possession of the
vehicle until:
• The amount due under the contract for the repairs is paid; or
• If no amount is specified by contract, the reasonable and usual compensation is paid.
Property Code, §70.006
(a),
2. Possession:
Must have possession and the charges due have not been paid.
(b)
Property Code,
§70.006 (b)
3. Foreclosure Notice:
Within thirty days of repairs completed, the person claiming the lien must notify the owner(s) and
lienholder(s) of record by certified mail, return receipt requested, of the location of the vehicle,
charges due and a request for payment. They must also send notice to the address that appears
on the work order/document authorizing possession, if the address is different from the address
on the motor vehicle record. Notice by newspaper publication is permissible. The notification
must include:
• the address where the repairs were made
• the legal name of the person that holds the possessory lien
• the taxpayer or employer identification number of the person that holds the possessory lien
• a signed copy of the work order authorizing repairs.
• amount due
The person filing the lien must also submit to the local County Tax Assessor-Collector's office:
• an administrative fee of $25
• a copy of their notification
• a signed copy of the work order.
Not later than the 15th day after receiving notification, the County Tax Assessor-Collector must
send copies of work order and notification to the owner(s) and lienholder(s) of record.
4. Work Order:
Attach a copy of the signed work order. If a signed work order is not available this method of
disposal of the vehicle cannot be used. Disposal of the vehicle must be by court order through a
county or district court.
Motor Vehicle Title Manual
23-37
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-8
Mechanic Lien Chart Property Code, Chapter 70
Statute
Details
Property Code,
§70.006 (f)
Transportation Code,
§501.074 (c)
5. Public Sale:
If charges are not paid before the 31st day after the day on which notice of the amount of
charges was mailed by the County Tax Assessor-Collector or published by the possessory
lienholder, and the charges do not include storage fees, the possessory lienholder may sell the
vehicle at public sale without obtaining a release of lien. The proceeds are to be applied to the
payment of charges due and the excess proceeds (balance) paid to the person entitled to it.
• If a person entitled to the excess proceeds is not known or has moved from this state or
country, the person. holding the excess must pay it to the county treasurer of the county in
which the lien originated. The treasurer should issue the person a receipt for the payment.
• If the person entitled to the excess does not claim it before two years after the day it is paid
to the treasurer, the excess becomes a part of the county's general fund.
6. Application for Title:
The highest bidder must apply for title.
Self-service Storage Chart Property Code, Chapter 59 & Chapter 70
Effective on or after Sept 1, 1999
Table 23-9 lists procedures effective on and after to September 1, 1999 to acquire a lien on
property stored in a self-service storage facility for charges due and unpaid by the tenant.
Property Code, Chapter 59 and 70. If unable to determine where the vehicle was last
registered, this procedure cannot be used. Disposal of the vehicle must be through a court
of competent jurisdiction.
Type: Self-Service Storage Facility Liens
Forms: Application and Affidavit for Foreclosure of a Self-Service Storage Facility
Lien, VTR-265-SSF (Rev. after 3/2002)
Storage Location: Self-Service Storage Facility
Authorization: Owner, lessor, sub-lessor, or agent of a self-service storage facility
Table 23-9
Self-service Storage Chart Property Code, Chapter 59 and Chapter 70 Effective
after September 1, 1999
Statute
Property Code, §59.021.
Lien; Property Attached
Details
1. Lien:
A lessor has a lien on all property in a self-service storage facility for the payment of charges that
are due and unpaid by the tenant.
Motor Vehicle Title Manual
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Statutory Foreclosure Procedures Charts
Table 23-9
Self-service Storage Chart Property Code, Chapter 59 and Chapter 70 Effective
after September 1, 1999
Statute
Details
Property Code, §59.001.
Definitions
2. Definitions:
• “Lessor” means an owner, lessor, sub-lessor, or managing agent of a self-service storage
facility.
• “Rental agreement” means a written or oral agreement that establishes or modifies the terms
of use of a self-service storage facility.
• “Self-service storage facility” means real property that is rented to be used exclusively for
storage of property and is cared for and controlled by the tenant.
• “Tenant” means a person entitled under a rental agreement to the exclusive use of storage
space at a self-service storage facility.
• “Military Service” means military service as defined by Section 101, Servicemembers Civil
Relief Act (50 U.S.C. App. Section 511) and active duty service for a period of more than 30
consecutive days as a member of the Texas State Guard or Texas National Guard under the
call of the governor.
• “Verified Mail” means any method of mailing that provides evidence of mailing.
Property Code, §59.002.
Applicability
3. Applicability:
This chapter applies to a self-service storage facility rental agreement that is entered into,
extended, or renewed after September 1, 1981.
Property Code,
§59.006. Attachment and
Priority of Lien
4. Priority of Lien:
A lien under this chapter attaches on the date the tenant places the property at the self-service
storage facility. The lien takes priority over all other liens on the same property.
Property Code, §59.007.
Purchase of Property
5. Purchaser:
A good faith purchaser of property sold to satisfy a lien under this chapter takes the property free
of a claim by a person against whom the lien was valid, regardless of whether the lessor has
complied with this chapter.
Property Code,
§59.008. Redemption
6. Redemption:
A tenant may redeem property seized under a judicial order or a contractual landlord’s lien prior
to its sale or other disposition by paying the lessor the amount of the lien and the lessor’s
reasonable expenses incurred under this chapter.
Property Code, §59.041.
Enforcement of Lien
7. Requirements:
A lessor may enforce a lien by seizing and selling the property to which the lien is attached if:
• the seizure and sale are made under the terms of a contractual landlord’s lien as underlined
or printed in conspicuous bold print in a written rental agreement between the lessor and
tenant; and
• the seizure and sale are made in accordance with Chapter 59.
Otherwise, a lessor may enforce a lien under this chapter only under a judgment by a court of
competent jurisdiction that forecloses the lien and orders the sale of the property to which it is
attached.
Property Code, §59.042
8. First Notice:
The lessors must send the first notice to the last known owner(s) of record by verified mail,
return receipt requested, or if applicable, notice by newspaper publication.
Property Code,
59.042
9. Second Notice:
If the tenant fails to satisfy the claim on or before the 14th day after the date the notice is
delivered, the lessor must publish or post notices advertising the sale. If the notice is by
publication, the lessor may not sell the property until the 15th day after the date the notice is first
published. If notice is by posting, the lessor may sell the property after the 10th day after the
date the notices are posted.
Motor Vehicle Title Manual
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TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-9
Self-service Storage Chart Property Code, Chapter 59 and Chapter 70 Effective
after September 1, 1999
Statute
Property Code,
59.0445
Details
10. Notification
In addition to the notices required by Sections 59.042 and 59.044, no later than 30 days after the
lessor takes possession of the motor vehicle, the lessor shall give written notice of sale to the
last known owner and each holder of a lien recorded on the motor vehicle title. If the vehicle is
registered or titled in another state, the notice shall be given to the owner and each lienholder of
record in the location in which the vehicle is registered or titled.
The notice must be sent by verified mail. The notice must include the amount of the charges
secured by the lien; a request for payment; and a statement that if the charges are not paid in full
before the 31st day after the date the notices is mailed or published, the property may be sold at
public auction.
Instead of verified mail, the notice may be given by publishing the notice once in a print or
electronic version of a newspaper of general circulation in the county in which the vehicle is
stored. This notification process can be used if:
• the lessor submits a written request by verified mail to the registering and titling entity
requesting the identity of the last known owner of record and any lienholder of record;
the entity advises in writing that they are unwilling or unable to provide information on the last
known owner of record or any lienholder of record; or
the lessor does not receive a response from the governmental entity on or before the 21st day
after the date the lessor submits the request;
• the identity of the last known owner or record cannot be determined;
• the lessor cannot determine the identities and addresses of the lienholders of record.
The lessor is not required to publish notice if a correctly addressed notice is sent with sufficient
postage and is returned as unclaimed or refused or with a notation that the addressee is
unknown or has moved without leaving a forwarding address or the forwarding address has
expired.
After notice is given under this section to the owner of or lienholder on the vehicle, the owner or
lienholder may take possession of the vehicle by paying all charges due to the lessor before the
31st day after the date the notice is mailed or published as provided by this section. If the
charges are not paid before the 31st day, the lessor may sell the vehicle at public sale and apply
the proceeds to the charges.
Transportation Code,
§501.074 (c)
11. Application for Title:
The highest bidder must apply for title.
Transportation Code,
§501.071
§501.074 (c)
12. Evidence Required to Transfer a Motor Vehicle Title Subject to a Self-service Storage
Facility Lien Foreclosure:
• A copy of the title and registration verification, if applicable.
If registered in Texas – Verification of Texas title and registration is required.
If registered outside of Texas – Verification of title and registration from the state of record, if
available. If not available, the following may be provided in lieu of title and registration
verification from the state of record:
(1) If a holder of a lien sends a request for title and registration verification to the state of record
(by certified mail) and is informed by letter from that state that due to the Driver’s Privacy
Protection Act restrictions, the state elects to forward the lienholder’s notification to the owner(s)
for notification purposes, the original letter(s) from the state of record, along with certified
receipts for each notification sent to that state, is acceptable; or
(2) If notification is made by newspaper publication, proof that a correctly addressed request for
the name and address of the last known registered owner(s) and lienholder(s) was sent to the
state of record by certified mail with return receipt requested. Proof shall consist of a copy of the
request sent along with certified receipts for the notification sent to the state of record.
Motor Vehicle Title Manual
23-40
TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-9
Self-service Storage Chart Property Code, Chapter 59 and Chapter 70 Effective
after September 1, 1999
Statute
Details
•
§501.074 (c) (1)
§501.023
§502.046 (c), §601.051
•
•
•
•
•
Property Code, 59.042
•
•
•
•
§501.030(a), (e)
§548.256
•
A copy of the contract, dated on or after September 1, 1999, which addresses the sale and
disposition of the property and is signed by the tenant (lessee) and the landlord (lessor).
Form VTR-265-SSF, Application and Affidavit for Foreclosure of a Self-service Storage
Facility Lien, executed by the landlord.
Application for Texas Title, Form 130-U.
A copy of current proof of liability insurance in the title applicant’s name.
Proof of notifications is required.
Notices by Verified Mail – Verified mail means any method of mailing that provides
evidence of mailing. Proof submitted to must consist of an official evidence of mailing
issued by the USPS or a common carrier (such as a receipt, copy of receipt, green card, or
web site tracking printout). In lieu of this, unopened letter(s) returned as undeliverable,
unclaimed or no forwarding address will be accepted.
Notice by Newspaper Publication (Only if applicable) – Proof shall consist of evidence of
the certified request (same as listed above for certified mail) sent to the state of record
requesting verification of owner(s) and lienholder(s), and a legible photocopy of the
newspaper publication which includes the name of the publication and the date of
publication.
A pencil tracing of the motor and serial numbers may be required to establish the vehicle’s
correct identity.
If the vehicle was last registered outside of Texas, the following documentation is also
required:
1. Identification Certificate; and
2. Weight certificate on a commercial vehicle.
A release of lien is not required
Self-service Storage Chart Property Code, Chapter 59 Effective
Prior to September 1, 1999
Table 23-10 lists procedures effective prior to September 1, 1999 to acquire a lien on
property stored in a self-service storage facility for charges due and unpaid by the tenant.
If unable to determine where the vehicle was last registered, this procedure cannot be
used. Disposal of the vehicle must be through a court of competent jurisdiction.
Type: Self-Service Storage Facility Liens
Forms: Application and Affidavit for Foreclosure of a Self-Service Storage Facility
Lien, VTR-265-SSF (Prior to 9/99)
Storage Location: Self-Service Storage Facility
Authorization: Owner, lessor, sub-lessor, or agent of a self-service storage facility
Table 23-10 Self-service Storage Chart Property Code, Chapter 59 and Chapter 70 prior to
September 1, 1999
Statute
Property Code, §59.021.
Lien; Property Attached
Details
1. Lien:
A lessor has a lien on all property in a self-service storage facility for the payment of charges that
are due and unpaid by the tenant.
Motor Vehicle Title Manual
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TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-10 Self-service Storage Chart Property Code, Chapter 59 and Chapter 70 prior to
September 1, 1999
Statute
Property Code, §59.001.
Definitions
Details
2. Definitions:
•
•
•
•
•
•
“Lessor” means an owner, lessor, sub-lessor, or managing agent of a self-service storage
facility.
“Rental agreement” means a written or oral agreement that establishes or modifies the terms
of use of a self-service storage facility.
“Self-service storage facility” means real property that is rented to be used exclusively for
storage of property and is cared for and controlled by the tenant.
“Tenant” means a person entitled under a rental agreement to the exclusive use of storage
space at a self-service storage facility.
“Military Service” means military service as defined by Section 101, Service members Civil
Relief Act (50 U.S.C. App. Section 511) and active duty service for a period of more than 30
consecutive days as a member of the Texas State Guard or Texas National Guard under the
call of the governor.
“Verified Mail” means any method of mailing that provides evidence of mailing.
Property Code, §59.002.
Applicability
3. Applicability:
This chapter applies to a self-service storage facility rental agreement that is entered into,
extended, or renewed after September 1, 1981.
Property Code,
§59.006. Attachment and
Priority of Lien
4. Priority of Lien:
A lien under this chapter attaches on the date the tenant places the property at the self-service
storage facility. The lien takes priority over all other liens on the same property.
Property Code, §59.007.
Purchase of Property
5. Purchaser:
A good faith purchaser of property sold to satisfy a lien under this chapter takes the property free
of a claim by a person against whom the lien was valid, regardless of whether the lessor has
complied with this chapter.
Property Code,
§59.008. Redemption
6. Redemption:
A tenant may redeem property seized under a judicial order or a contractual landlord’s lien prior
to its sale or other disposition by paying the lessor the amount of the lien and the lessor’s
reasonable expenses incurred under this chapter.
Property Code, §59.041.
Enforcement of Lien
7. Requirements:
A lessor may enforce a lien by seizing and selling the property to which the lien is attached if:
• the seizure and sale are made under the terms of a contractual landlord’s lien as underlined
or printed in conspicuous bold print in a written rental agreement between the lessor and
tenant; and
• the seizure and sale are made in accordance with Chapter 59.
Otherwise, a lessor may enforce a lien under this chapter only under a judgment by a court of
competent jurisdiction that forecloses the lien and orders the sale of the property to which it is
attached.
59.042. Procedure for
Seizure and Sale
8. Seizure and Sale Requirements:
• To enforce a contractual landlord’s lien by seizing and selling or otherwise disposing of the
property, the lessor must deliver written notice of the claim to the tenant.
• If the tenant fails to satisfy the claim on or after the 14th day after the date the notice is
delivered, the lessor must publish or post notices advertising the sale.
• If notice is by publication, the lessor may not sell the property until the 15th day after the date
the notice is published. If notice is by posting, the lessor may sell the property after the 10th
day after the date that the notice is posted.
Motor Vehicle Title Manual
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TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-10 Self-service Storage Chart Property Code, Chapter 59 and Chapter 70 prior to
September 1, 1999
Statute
Details
59.043. Contents and
Delivery of Notice of
Claim; Information
Regarding Tenant's
Military Service
9. Notification to Tenant:
The lessor’s notice to the tenant of the claim must contain:
* an itemized account of the claim;
* the name, address, and telephone number of the lessor or the lessor’s agent;
* a statement that the contents of the self-service storage facility have been seized under the
contractual landlord’s lien;
* a statement that if the tenant fails to satisfy the claim on or before the 14th day after the date
that the notice is delivered, the property may be sold at public auction; and
* a statement underlined or printed in conspicuous bold print requesting a tenant who is in
military service to notify the lessor of the status of the tenant's current military service
immediately
* a lessor may require written proof of a tenant's military service in the form of documentation
from the United States Department of Defense or other documentation reasonably acceptable to
the lessor.
* Subject to Subsection (d), the lessor must deliver the notice in person or by e-mail or verified
mail to the tenant’s last known e-mail or postal address as stated in the rental agreement or in a
written notice from the tenant to the lessor furnished after the execution of the rental agreement.
Notice by verified mail is considered delivered when the notice, properly addressed with postage
prepaid, is deposited with the United States Postal Service or a common carrier. Notice by
e-mail is considered delivered when sent to the last known e-mail address of the tenant.
* the notice may not be sent by e-mail unless a written rental agreement between the lessor and
the tenant contains language underlined or in conspicuous bold print that notice may be given by
e-mail if the tenant elects to provide an e-mail address.
§59.044. Notice of Sale
10. Notice of Sale:
The notice advertising the sale must contain:
• a general description of the property;
• a statement that the property is being sold to satisfy a landlord’s lien;
• the tenant’s name;
• the address of the self-service storage facility; and
• the time, place, and terms of the sale.
Published Notice
The lessor must publish the notice once in each of two consecutive weeks in a newspaper of
general circulation in the county in which the self-service storage facility is located.
Posted Notice
If there is not a newspaper of general circulation in the county, the lessor may instead post a
copy of the notice at the self-service storage facility and at least five other conspicuous locations
near the facility.
59.045. Conduct of Sale
11. Sale:
A sale must be:
• a public sale at the self-service storage facility or a reasonably near public place;
• conducted by the lessor according to the terms specified in the notice advertising the sale;
and
• sold to the highest bidder.
59.046. Excess Proceeds
of Sale
12. Proceeds of Sale:
If the proceeds of a sale are greater than the amount of the lien and the reasonable expenses of
the sale, the lessor:
• shall deliver written notice of the excess to the tenant’s last known address as stated in the
rental agreement or in a written notice from the tenant to the lessor furnished after the
execution of the rental agreement.
• shall retain the excess and deliver it to the tenant if the tenant requests it before two years
after the date of the sale.
• owns the excess, if the tenant does not request the excess before two years after the date of
the sale.
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Statutory Foreclosure Procedures Charts
Table 23-10 Self-service Storage Chart Property Code, Chapter 59 and Chapter 70 prior to
September 1, 1999
Statute
Details
13. Evidence Required to Transfer a Motor Vehicle Title Subject to a Self-service Storage
Facility Lien Foreclosure:
• A copy of the contract, which addresses the sale and disposition of the property and is
signed by the tenant (lessee) and landlord (lessor).
• Copy of the written notice of the claim delivered to the tenant.
• Copy of publication or posting of notice advertising sale.
• An Application and Affidavit for Foreclosure of a Self-service Storage Facility Lien,
• Form VTR-265-SSF, executed by the landlord.
• A copy of the title and registration verification, if applicable.
• Application for Texas Title, Form 130-U.
• A copy of current proof of liability insurance in the title applicant’s name.
• A release of lien is not required.
Licensed Vehicle Storage Facility Chart, Vehicle Storage Facility
Act, Effective Since Sept 1, 2005
Table 23-11 lists procedures for a licensed vehicle storage facility to acquire a lien on a
motor vehicle for unpaid storage and tow charges when the vehicle was towed without the
owner or lienholder’s consent effective after September 1, 2005.
Type: Vehicle Storage Facility Lien For Non-Consent Tows Only
Forms: Storage Lien for License Vehicle Storage Facility, VTR-265-VSF (Rev. after
9/01/05)
Storage Location: Vehicle Storage Facility
Authorization:
• Law enforcement and anyone other than the owner or lien holder of record,
• Operator of the vehicle, or
• Person having possession, custody or control of the vehicle.
Table 23-11 Disposal of Vehicles Towed on and after September 1, 2005
Statute
Occupations Code,
§2303.002 (8)
§2303.101
§2303.003 (a)
Details
1. Definitions:
• Vehicle Storage Facility (VSF)
A garage, parking lot, or any type of facility owned by a person other than a governmental entity,
and is used to store or park at least 10 vehicles each year.
• License
A person may not operate a VSF unless the person holds a current license to operate a vehicle
storage facility issued to the person by the Texas Department of Licensing and Regulation or the
Motor Carrier Division (if prior to January 1, 2008).
• Non-consent Only
This article does not apply to a vehicle parked or stored at a VSF with the consent of the
vehicle’s owner.
Motor Vehicle Title Manual
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Statutory Foreclosure Procedures Charts
Table 23-11 Disposal of Vehicles Towed on and after September 1, 2005
Statute
Occupations Code,
§2303.151 (a)
§2303.151 (b)
Details
2. First Notification:
Vehicle registered in Texas
When a vehicle that is registered in this state is towed to a facility for storage, the operator of the
VSF is required to send a written notice to the last registered owner and primary lienholder. The
notice must be sent not later than the fifth day but not before 24 hours after the operator receives
the vehicle. The VSF may not charge for more than 5 days storage until the notice is sent.
Vehicle registered out-of-state
When a vehicle that is registered outside this state or the United States is towed to a facility for
storage, the operator of the VSF is required to send a written notice to the last registered owner
and all recorded lienholders, or if applicable, notice by newspaper publication. The notice must
be sent not later than the 14th day but not before 24 hours after the operator receives the
vehicle. The VSF may not charge for more than five days storage until the notice is sent.
Occupations Code,
§2303.151 (d)
§2303.153 (a)
3. 1st Notification Contents:
The written notice must be correctly addressed, with sufficient postage, sent by certified mail,
return receipt requested or electronic certified mail, and must contain:
• (1) the date the vehicle was accepted for storage;
• (2) the first day for which a storage fee is assessed;
• (3) the daily storage rate;
• (4) the type and amount of all other charges to be paid when the vehicle is claimed;
• (5) the full name, street address, and telephone number of the facility;
• (6) the hours during which the owner may claim the vehicle; and
• (7) the facility license number preceded by “Vehicle Storage Facility License Number”.
Occupations Code,
§2303.152
4. Newspaper Publication Option:
NOTE: Newspaper publication option is not available if a motor vehicle record is found in Texas.
Notice by publication in a newspaper of general circulation in the county in which the vehicle is
stored may be used if: any of the following apply:
• the vehicle is registered in another state;
• the operator of the storage facility submits a written request that is correctly addressed, with
sufficient postage and is sent by certified mail, return receipt requested to the governmental
entity in which the vehicle is registered requesting information relating to the identity of the
last known registered owner and any lienholder of record;
• the identify of the last known registered owner cannot be determined;
• the registration does not contain an address for the last known registered owner;
• the operator of the storage facility cannot reasonably determine the identity and address of
each lienholder; or
• the vehicle does not display a license plate or a vehicle inspection certificate indicating the
state of registration and no record of title or registration is found in Texas (verification by VIN
required).
The publication must contain:
• the vehicle description;
• the total charges,
• the full name, street address, and telephone number of the facility; and
• the facility license number preceded by “Vehicle Storage Facility License Number”.
The publication may include a list of more than one vehicle.
Notice by publication in a newspaper is not required if all correctly addressed notices sent were
returned because:
1. the notices were unclaimed or refused; or
2. the addressee(s) moved without leaving a forwarding address.
§2303.153 (b)
§2303.153 (d)
§2303.152 (c)
Transportation Code,
§683.031 (a)
5. Vehicle Abandoned in Storage Facility:
A motor vehicle is abandoned if the vehicle is left in a storage facility after 10 days from date of
first notice (deems vehicle abandoned by statute.)
Motor Vehicle Title Manual
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Statutory Foreclosure Procedures Charts
Table 23-11 Disposal of Vehicles Towed on and after September 1, 2005
Statute
Details
Transportation Code,
§683.031 (a)
6. Report to Law Enforcement:
• The VSF must report the abandonment of the motor vehicle to law enforcement within 7 days
of the deemed abandoned date (10 days from date of first notice) and pay a $10 fee to law
enforcement.
• If the VSF does not report the abandonment of the motor vehicle to law enforcement within 7
days after the date it is deemed abandoned, the VSF may not claim reimbursement for
storage of the vehicle.
Transportation Code,
§683.012
7. Notification by Law Enforcement:
After receiving the report from the VSF, law enforcement has 10 days to send notice to the last
known registered owner and each lienholder informing owner/lienholder of right to claim the
vehicle within 20 days on payment of fees.
Transportation Code,
§683.034 (a)
§683.034 (e)
8. Custody by Law Enforcement:
• Law enforcement agency shall take custody of an abandoned motor vehicle left in a storage
facility that has not been claimed in the period provided by the notice sent under Section
683.012 (# 7 above).
• If law enforcement does not take the vehicle into custody before the 31st day after the
vehicle was reported abandoned to law enforcement (# 6 above), the storage facility may
dispose of the vehicle under Chapter 70, Property Code procedures (Form VTR-265-S) or
Chapter 2303, Occupations Code procedures (Form VTR-265-VSF).
NOTE: See VSF Storage Lien: After September 1, 2005.
Occupations Code,
§2303.154 (a)
9. Second Notification:
Occupations Code,
§2303.154 (b) (1), (2), (3)
10. Second Notice Contents:
Written
The notice must contain:
• the information required in the 1st notification (#3 above);
• a statement of the right of the facility to dispose of the vehicle;
• a statement that the failure of the owner or lienholder to claim the vehicle before the 30th day
after the date the second notice was mailed is a waiver by that person of all right, title, and
interest in the vehicle; and a consent to the sale of the vehicle at a public sale.
Publication
If publication is required for the second notice, the published notice must contain:
(1) the vehicle description;
(2) the total charges;
(3) the full name, street address, and telephone number of the facility;
(4) the facility license number preceded by “Vehicle Storage Facility License Number”; and
(5) a statement that the failure of the owner or lienholder to claim the vehicle before the 30th day
after the date the second notice was mailed is:
• a waiver by that person of all right, title, and interest in the vehicle; and
• a consent to the sale of the vehicle at a public sale.
2303.154 (c) (1), (2)
Occupations Code,
§2303.157 (a), (b)
If law enforcement does not take custody of the vehicle or a person permitted to claim the
vehicle before the 15th day from the date of notice mailed (#2 above) or published (#4 above),
the VSF must send a second notice to registered owner/lienholder.
11. Disposal by the VSF:
• VSF must allow 30 days to elapse from the date of the second notification.
• If not reclaimed by a person entitled to claim the vehicle, or taken into custody by a law
enforcement agency, VSF may sell the vehicle at public sale without a release of lien.
• The proceeds shall be applied to the charges incurred for the vehicle, and excess proceeds,
if any, shall be paid to the person entitled to them.
Motor Vehicle Title Manual
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TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-11 Disposal of Vehicles Towed on and after September 1, 2005
Statute
Transportation Code,
§501.023
Transportation Code,
§501.074
§601.051
§501.030 (a), (e)
§548.256
Details
12. Evidence Required to Transfer a Motor Vehicle Subject to a Storage Lien Foreclosure:
• Verification of Title and Registration
If registered in Texas – Verification of Texas title and registration is required.
If registered outside of Texas – Verification of title and registration from the state of record, if
available.
If no title and registration verification record is available from Texas or out-of-state, verification
by VIN of no record in Texas is required
• A properly completed Application for Texas Title, Form 130-U.
• A properly completed Form VTR-265-VSF, Storage Lien for Licensed Vehicle Storage
Facility, executed by the statutory lienholder.
• Proof of Notifications
Notices by Certified Mail – Proof shall consist of the U.S. Post Office validated (date stamped)
receipts for certified mail (PS Form 3800) and return receipt (PS Form 3811), together with any
unopened certified letter(s) returned by the post office as undeliverable, unclaimed, or due to no
forwarding address.
A copy of the PS Form 3877 can be accepted in lieu of a PS Form 3800, provided the form
contains a U.S. postal date stamp and the “Article Number” on all documentation (PS Form
3811, PS Form 3877, unopened envelope) corresponds.
A copy of the page from the Firm Mailing Book for Accountable Mail (PS Form 3877) or a
print-out of the U.S. Postal Service’s electronic track/confirm screen may be accepted in lieu of
the PS Form 3811 when the post office loses the return receipt (PS Form 3811), or the
unopened certified letters that should have been returned as undeliverable, unclaimed or no
forwarding address.
If the services of an electronic certified mail vendor are used for vehicles towed on or after
September 1, 2003, the certified mail receipts similar to the PS Form 3800, and a copy of an
electronic listing indicating when the notice was mailed, delivered and/or returned to the U.S.
Postal Service is acceptable in lieu of the PS Form 3811.
Notice by Newspaper Publication (Only if applicable) – Proof shall consist of evidence of a
legible photocopy of the newspaper publication which includes the name of the publication and
the date of publication.
• Liability Insurance - A copy of current proof of liability insurance in the title applicant’s name.
• City Ordinance - If foreclosure is in accordance with a city ordinance, the bill of sale shall
refer to the ordinance number under which removal and sale was authorized and a copy of
the city ordinance must be attached.
• Pencil Tracing - A pencil tracing of the motor and serial numbers may be required to
establish the vehicle’s correct identity.
• Out-of-state Vehicles - If the vehicle was last registered outside of Texas, the following
documentation is also required:
(1) Vehicle Identification Certificate; and
(2) Weight certificate on a commercial vehicle.
• A release of lien is not required.
Motor Vehicle Title Manual
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TxDMV April 2014
Statutory Foreclosure Procedures Charts
Licensed Vehicle Storage Facility Chart, Vehicle Storage Facility
Act, Effective prior to Sept 1, 2005
Table 23-12 lists procedures for a licensed vehicle storage facility to acquire a lien on a
motor vehicle for unpaid storage and tow charges when the vehicle was towed without the
owner or lienholder’s consent effective prior to September 1, 2005.
Type: Vehicle Storage Facility Lien For Non-Consent Tows Only
Forms: Storage Lien for License Vehicle Storage Facility, VTR-265-VSF (Rev.
prior 9/01/05)
Storage Location: Vehicle Storage Facility
Authorization:
• Law enforcement and anyone other than the owner or lien holder of record,
• Operator of the vehicle, or
• Person having possession, custody or control of the vehicle.
Table 23-12 Procedures for Disposal of Vehicles Towed Prior to Sept. 1, 2005
Statute
Occupations Code,
§2303.002 (8)
§2303.101
§2303.003 (a)
Occupations Code,
§2303.151 (a)
§2303.151 (b)
Details
1. Definitions:
• Vehicle Storage Facility (VSF)
A garage, parking lot, or any type of facility owned by a person other than a governmental entity,
and is used to store or park at least 10 vehicles each year.
• License
A person may not operate a VSF unless the person holds a current license to operate a vehicle
storage facility issued to the person by the Texas Department of Licensing and Regulation or the
Motor Carrier Division (if prior to January 1, 2008).
• Non-consent Only
This article does not apply to a vehicle parked or stored at a VSF with the consent of the
vehicle’s owner.
2. First Notification:
Vehicle registered in Texas
When a vehicle that is registered in this state is towed to a facility for storage, the operator of the
VSF is required to send a written notice to the last registered owner and primary lienholder. The
notice must be sent not later than the fifth day but not before 24 hours after the operator receives
the vehicle. The VSF may not charge for more than five days storage until the notice is sent.
Vehicle registered out-of-state
When a vehicle that is registered outside this state or the United States is towed to a facility for
storage, the operator of the VSF is required to send a written notice to the last registered owner
and all recorded lienholders, or if applicable, notice by newspaper publication. The notice must
be sent not later than the 14th day but not before 24 hours after the operator receives the
vehicle. The VSF may not charge for more than five days storage until the notice is sent.
Motor Vehicle Title Manual
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TxDMV April 2014
Statutory Foreclosure Procedures Charts
Table 23-12 Procedures for Disposal of Vehicles Towed Prior to Sept. 1, 2005
Statute
Details
Occupations Code,
§2303.151 (d)
§2303.153 (a)
3. 1st Notification Contents:
The written notice must be correctly addressed, with sufficient postage, sent by certified mail,
return receipt requested or electronic certified mail, and must contain:
• (1) the date the vehicle was accepted for storage;
• (2) the first day for which a storage fee is assessed;
• (3) the daily storage rate;
• (4) the type and amount of all other charges to be paid when the vehicle is claimed;
• (5) the full name, street address, and telephone number of the facility;
• (6) the hours during which the owner may claim the vehicle; and
• (7) the facility license number preceded by “Vehicle Storage Facility License Number”.
Occupations Code,
§2303.152
4. Newspaper Publication Option:
Notice by publication in a newspaper of general circulation in the county in which the vehicle is
stored may be used if all apply.
• the vehicle is registered in another state;
• the operator of the storage facility submits a written request that is correctly addressed, with
sufficient postage and is sent by certified mail, return receipt requested to the governmental
entity in which the vehicle is registered requesting information relating to the identity of the
last known registered owner and any lienholder of record;
• the identify of the last known registered owner cannot be determined;
• the registration does not contain an address for the last known registered owner;
• the operator of the storage facility cannot reasonably determine the identity and address of
each lienholder; or
• the vehicle does not display a license plate or a vehicle inspection certificate indicating the
state of registration and no record of title or registration is found in Texas (verification by VIN
required).
§2303.153 (b)
The publication must contain:
• the vehicle description;
• the total charges,
• the full name, street address, and telephone number of the facility; and
• the facility license number preceded by “Vehicle Storage Facility License Number”.
The publication may include a list of more than one vehicle.
Notice by publication in a newspaper is not required if all correctly addressed notices sent were
returned because:
1. the notices were unclaimed or refused; or
2. the addressee(s) moved without leaving a forwarding address.
2303.153 (d)
§2303.152 (c)
Transportation Code,
§683.031 (a)
5. Vehicle Abandoned in Storage Facility:
A motor vehicle is abandoned if the vehicle is left in a storage facility after 10 days from date of
first notice (deems vehicle abandoned by statute.)
Transportation Code,
§683.031 (c)
6. Report to Law Enforcement:
• The VSF must report the abandonment of the motor vehicle to law enforcement within 7 days
of the deemed abandoned date (10 days from date of first notice) and pay a $10 fee to law
enforcement.
• If the VSF does not report the abandonment of the motor vehicle to law enforcement within 7
days after the date it is deemed abandoned, the VSF may not claim reimbursement for
storage of the vehicle.
683.032 (b)
Transportation Code,
§683.012
7. Notification by Law Enforcement:
After receiving the report from the VSF, law enforcement has 10 days to send notice to the last
known registered owner and each lienholder informing owner/lienholder of right to claim the
vehicle within 20 days on payment of fees.
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Statutory Foreclosure Procedures Charts
Table 23-12 Procedures for Disposal of Vehicles Towed Prior to Sept. 1, 2005
Statute
Transportation Code,
§683.034 (a)
Details
§683.034 (e)
8. Custody by Law Enforcement:
• Law enforcement agency shall take custody of an abandoned motor vehicle left in a storage
facility that has not been claimed in the period provided by the notice sent under Section
683.012 (# 7 above).
• If law enforcement does not take the vehicle into custody before the 31st day after the
vehicle was reported abandoned to law enforcement (# 6 above), the storage facility may
dispose of the vehicle under Chapter 70, Property Code procedures (Form VTR-265-S) or
Chapter 2303, Occupations Code procedures (Form VTR-265-VSF).
NOTE: See VSF Storage Lien: After September 1, 2005.
Occupations Code,
§2303.154 (a)
9. Second Notification:
Occupations Code,
§2303.154 (b) (1), (2), (3)
10. Second Notice Contents:
Written
The notice must contain:
• (1) the information required in the 1st notification (#3 above);
• (2) a statement of the right of the facility to dispose of the vehicle;
• (3) a statement that the failure of the owner or lienholder to claim the vehicle before the 30th
day after the date the second notice was mailed is a waiver by that person of all right, title,
and interest in the vehicle; and a consent to the sale of the vehicle at a public sale.
2303.154 (c) (1), (2)
11. Publication
If publication is required for the second notice, the published notice must contain:
• the vehicle description;
• the total charges;
• the full name, street address, and telephone number of the facility;
• the facility license number preceded by “Vehicle Storage Facility License Number”; and
• a statement that the failure of the owner or lienholder to claim the vehicle before the 30th day
after the date the second notice was mailed is:
1. a waiver by that person of all right, title, and interest in the vehicle; and
2. a consent to the sale of the vehicle at a public sale.
Occupations Code,
§2303.157 (a), (b)
12. Disposal by the VSF:
• VSF must allow 30 days to elapse from the date of the second notification.
• If not reclaimed by a person entitled to claim the vehicle, or taken into custody by a law
enforcement agency, VSF may sell the vehicle at public sale without a release of lien.
• The proceeds shall be applied to the charges incurred for the vehicle, and excess proceeds,
if any, shall be paid to the person entitled to them.
Transportation Code,
§501.023
13. Evidence Required to Transfer a Motor Vehicle Subject to a Storage Lien Foreclosure:
• Verification of Title and Registration
If registered in Texas – Verification of Texas title and registration is required.
If registered outside of Texas – Verification of title and registration from the state of record, if
available.
If no title and registration verification record is available from Texas or out-of-state, verification
by VIN of no record in Texas is required
• A properly completed Application for Texas Title, Form 130-U.
• A properly completed Form VTR-265-VSF, Storage Lien for Licensed Vehicle Storage
Facility, executed by the statutory lienholder.
• Proof of Notifications
If law enforcement does not take custody of the vehicle or a person permitted to claim the
vehicle before the 15th day from the date of notice mailed (#2 above) or published (#4 above),
the VSF must send a second notice to registered owner/lienholder.
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Statutory Foreclosure Procedures Charts
Table 23-12 Procedures for Disposal of Vehicles Towed Prior to Sept. 1, 2005
Statute
Transportation Code,
§501.074
§601.051
501.030 (a), (e)
§548.256
Details
Notices by Certified Mail – Proof shall consist of the U.S. Post Office validated (date stamped)
receipts for certified mail (PS Form 3800) and return receipt (PS Form 3811), together with any
unopened certified letter(s) returned by the post office as undeliverable, unclaimed, or due to no
forwarding address.
A copy of the PS Form 3877 can be accepted in lieu of a PS Form 3800, provided the form
contains a U.S. postal date stamp and the “Article Number” on all documentation (PS Form
3811, PS Form 3877, unopened envelope) corresponds.
A copy of the page from the Firm Mailing Book for Accountable Mail (PS Form 3877) or a
print-out of the U.S. Postal Service’s electronic track/confirm screen may be accepted in lieu of
the PS Form 3811 when the post office loses the return receipt (PS Form 3811), or the
unopened certified letters that should have been returned as undeliverable, unclaimed or no
forwarding address.
If the services of an electronic certified mail vendor are used for vehicles towed on or after
September 1, 2003, the certified mail receipts similar to the PS Form 3800, and a copy of an
electronic listing indicating when the notice was mailed, delivered and/or returned to the U.S.
Postal Service is acceptable in lieu of the PS Form 3811.
Notice by Newspaper Publication (Only if applicable) – Proof shall consist of evidence of a
legible photocopy of the newspaper publication which includes the name of the publication and
the date of publication.
• Liability Insurance - A copy of current proof of liability insurance in the title applicant’s name.
• City Ordinance - If foreclosure is in accordance with a city ordinance, the bill of sale shall
refer to the ordinance number under which removal and sale was authorized and a copy of
the city ordinance must be attached.
• Pencil Tracing - A pencil tracing of the motor and serial numbers may be required to
establish the vehicle’s correct identity.
• Out-of-state Vehicles - If the vehicle was last registered outside of Texas, the following
documentation is also required:
(1) Vehicle Identification Certificate; and
(2) Weight certificate on a commercial vehicle.
• A release of lien is not required.
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Chapter 24
CERTIFIED COPIES
This chapter contains the following sections:
• 24.1 Lost or Destroyed Certificate of Title
• 24.2 Certified Copy of Title
• 24.3 Certified Copy of Duplicate Original Title (CCDO)
• 24.4 Safety Responsibility Act
• 24.5 Owner Verification Procedures/Acceptable Identification
• 24.6 Title Records Recording a Lien
• 24.7 Verifiable Proof for Lienholders Applying for Certified Copies of Titles
• 24.8 Business Owner(s) of Record/Verified Agent of Business
• 24.9 Vehicles Titled in the Name of a Trust
• 24.10 Retention of Documentation Returned
• 24.11 Certified Copy of Title Denial Alternatives
• 24.12 Title Transfers Involving Fraudulent/Questionable Certified Copies of Title
• 24.13 CCO Requests for Electronic Lien Records
24.1 Lost or Destroyed Certificate of Title
Transportation Code Section 501.134
(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. A
fee collected under this subsection shall be deposited to the credit of the Texas
Department of Motor Vehicles fund and may be spent only as provided by
Section 501.138.
(b) If a lien is disclosed on a title, the department may issue a certified copy of the
original title only to the first lienholder or the lienholder's verified agent.
(c) The department must plainly mark “certified copy” on the face of a certified copy
issued under this section. A subsequent purchaser or lienholder of the vehicle only
acquires the rights, title, or interest in the vehicle held by the holder of the certified
copy.
(d) A purchaser or lienholder of a motor vehicle having a certified copy issued under
this section may at the time of the purchase or establishment of the lien require
that the seller or owner indemnify the purchaser or lienholder and all subsequent
purchasers of the vehicle against any loss the person may suffer because of a claim
presented on the original title.
(e) Repealed January 1, 2012
(f) Repealed January 1, 2012
(g) The department may issue a certified copy of a title only if the applicant:
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Certified Copy of Title
(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
(2) submits personal identification as required by department rule.
(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.
24.2 Certified Copy of Title
A certified copy of title, as provided for in this section, should be issued upon presentation
of a properly completed Application for a Certified Copy of Title, Form VTR-34, if the
negotiable Texas Certificate of Title is lost or destroyed. No person should, without lawful
authority attached to the application, complete an application for certified copy for any
person other than the owner.
The former abbreviation “CCO,” generally used to refer to a certified copy of original title
should no longer be used officially. This manual terms a CCO as a “certified copy of
title.”
Submission
All applications for a certified copy of title, Form VTR-34, together with the required
documentation and the required fee, should be submitted directly to a TxDMV Regional
Service Center.
The fee should be in the form of a check, cashier’s check, or money order made payable to
the Texas Department of Motor Vehicles. Do not mail cash.
If mailing by overnight or express mail, through a mail service, which requires a physical
address, mail to your TxDMV Regional Service Center using the appropriate street
address found on the Form VTR-34. Note the following:
• The certified copy of title is a negotiable title; and only the owner or lienholder, or
verified agent of either should sign Form VTR-34, for a certified copy of a title.
• Original signatures are required on Form VTR-34. The department does not accept
applications by fax.
• An application for a certified copy cannot be assigned. The certified copy of title
should be issued before ownership of the motor vehicle concerned may be transferred.
• A photo copy of an “Acceptable Form of Current Identification” is required.
• Other documentation (i.e.: Release of Lien, Power of Attorney, or court documents)
submitted with a Form VTR-34 should be original documents, except for the Secure
Power of Attorney, Form VTR-271-A. A copy of this form is acceptable. VTR returns
the original documents along with the certified copy of title.
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Certified Copy of Title
Verification of Ownership
In the event the department receives a Form VTR-34 and every resource has been
checked with no record of title or registration, the department cannot issue a certified copy
of title. If the owner has satisfactory evidence of ownership, the owner may complete a
Verification of Ownership, Form VTR-268, and submit it to the department with legible
photocopies of evidence of ownership and the $2 fee.
Satisfactory evidence of ownership includes:
• A photocopy of an original or certified copy of the Certificate of Title in the applicants
name with release of lien, if applicable.
• A Duplicate Original or a photocopy of a Duplicate Original (non-negotiable title
issued prior to September 1, 2001) title in the applicants name, with a release of lien, if
applicable.
The Title Control Systems Branch processes applications without a recorded lien. County
tax offices process applications with a recorded lien.
Table 24-1
Evidence of Ownership
Evidence Of Ownership Indicates No Lien
Evidence Of Ownership Indicates A Lien
Submit a completed Form VTR-268
Attach legible photocopy of evidence of ownership
indicating no lien
Attach completed Form VTR-34, Application for a
Certified Copy of Title with a legible copy of the
owner’s government-issued photo ID
Submit a $2.00 fee in the form of a check, cashier’s
check, or money order payable to the Texas
Department of Motor Vehicles.
Mail to: Texas Department of Motor Vehicles
Vehicle Titles and Registration Division
Attn: Title Control Systems Branch
Austin, Texas 78779-0001
Submit a completed Form VTR-268
Attach legible photocopy of evidence of ownership indicating
a lien and release of lien
Attach completed Application for Texas Title, Form 130-U.
•
•
Submit the title application fee ($28 or $33) fee in the form of
a check, cashier’s check, or money order payable to your
local County Tax Assessor-Collector.
Mail or submit to your local County Tax Assessor-Collector
A certified copy of title issues in the owner’s name as shown on the evidence of
ownership and mailed to the delivery address provided (Refer to Chapter 7,
“Corrections”).
If an application for a corrected title is filed, to remove a lien (no transfer of ownership
involved) and the application is supported by a certified copy of title, the registered
owner receives a certified copy of title.
Multiple CCO Requests
As of November 2010 there is a 30 day waiting period for persons requesting a duplicate
CCO. In some emergency situations the department may waive this waiting period.
Examples of these situations include:
• Immediate military deployments.
• A previous CCO issued based on fraudulent release of lien or similar circumstances.
The applicant must surrender the outstanding CCO or title for the vehicle in order to
receive the duplicate CCO in under 30 days.
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Certified Copy of Duplicate Original Title (CCDO)
24.3 Certified Copy of Duplicate Original Title (CCDO)
Effective September 1, 2001, the requirement to issue a non-negotiable Duplicate Original
Certificate of Title to the owner when a lien is recorded was eliminated and replaced with
the Tax Collector’s Receipt, Form VTR-500-RTS. When a CCDO is listed, the reference
is to a Certified Copy of Duplicate Original Non-negotiable Texas Title issued prior to
September 1, 2001.
If a CCDO (issued prior to September 1, 2001) is lost or destroyed, a Duplicate
Registration Receipt or Vehicle Inquiry may be requested from the county tax office or
TxDMV Regional Service Center.
24.4 Safety Responsibility Act
For information about the issuance of a certified copy of title or a registration receipt for
Registration Purposes Only on vehicles suspended under the provisions of the Safety
Responsibility Act, refer to Chapter 601 of the Texas Transportation Code, or Chapter 8,
“Refusal/Denial of Title” of this manual.
24.5 Owner Verification Procedures/Acceptable
Identification
Effective September 1, 2001, the department implemented owner verification procedures
for issuance of a certified copy of title.
The required proof for an individual owner of record, if no lien is recorded, is an
“Acceptable Form of Current Identification”. Required proof for an agent of the owner or
lienholder is an acceptable form of current identification, along with a letter of signature
authority on letterhead or printed business card (letterhead or printed business card may be
copies), or the agent’s employee ID. A photocopy of the acceptable form of current
identification presented should be attached to the Application for a Certified Copy of Title,
Form VTR-34 to be included in the title history record.
Acceptable Form of Current Identification
Note: This section and references to this section in this chapter on acceptable forms
of current identification is only applicable to applications for Certified Copy
of Title.
Acceptable forms of current identification for an Application for a Certified Copy of Title
are:
• A driver's license or state identification certificate issued by a state or territory of
the United States;
• United States (U.S. passport card is acceptable) or foreign passport ;
• United States military identification card;
• North Atlantic Treaty Organization (NATO) identification or identification issued
under a Status of Forces Agreement (SOFA);
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Owner Verification Procedures/Acceptable Identification
•
United States Department of Homeland Security, United States Citizenship and
Immigration Services, or United States Department of State identification
document;
• Enhanced Tribal Card (U.S Customs and Border Protection);
• Form I-872 American Indian Card for the Texas and Oklahoma Kickapoo
American and Mexican members (Immigration and Naturalization Service).
The acceptable identification documents listed above must include:
• a photo of the applicant;
• a unique identification number; and,
• an expiration date.
Note: Within this subsection, “Current identification” is defined as not expired
more than twelve (12) months from the expiration date of the identification
document.
Requirements
If the applicant is the individual owner of record the required documentation is:
1. A completed signed Form VTR-34 along with applicable fees.
2.
A photocopy of the owner of record’s acceptable form of current identification.
3.
If the record indicates a lien, a release of lien on the lienholder’s original letterhead. If
the release of lien is on a department form, the lienholder should attach verifiable
proof, such as a letter of signature authority on original letterhead, a business card, or a
photocopy of the employee’s ID.
Note: If the record indicates Joint Owners and/or a Survivorship Rights remark,
each owner and/or survivor must also sign the application and provide a
photo ID (Refer to Rights of Survivorship Agreement Represents Joint
Ownership).
Power of Attorney
If the applicant has Power of Attorney (POA) for the individual owner of record, the
individual or agent of the business-appointed POA is required to provide the following
documentation:
1.
A completed signed Form VTR-34 along with applicable fees.
2.
A POA signed by the individual owner of record.
3.
A photocopy of the individual owner of record’s acceptable form of current ID.
4.
If an individual has POA, a photocopy of the acceptable form of current ID of the
individual signing the Form VTR-34.
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Title Records Recording a Lien
5.
If a business has POA, a letter of signature authority on letterhead, a business card, or
a photocopy of the employee’s ID, and a photocopy of the acceptable form of current
ID of the business agent who signed Form VTR-34.
6.
Any additional documentation required for the specific scenario if applicable.
Note: In the case of joint ownership, each owner should sign the POA and provide a
photocopy of each individual owner of record’s acceptable form of current
ID.
Applying on Behalf of an Entity
When applying for a CCO on behalf of an entity, an employee’s or authorized agent’s
employee ID is acceptable to establish authority to sign on behalf of the entity. In addition
to the individual’s government issued photo ID, an employee or agent can present an
original or photocopy of a letter of authorization, printed business card, or employee ID.
This applies to vehicles titled in the name of a business, government entity, organization,
trust, lease company, or with a power of attorney (POA).
Note: Copies of the letter of authorization, employee ID, printed business card, or
POA are acceptable when provided as proof of signature authority.
24.6 Title Records Recording a Lien
If a motor vehicle record reflects a lienholder or lienholders (encumbered status), the first
lienholder must complete Form VTR-34 for a certified copy of title. Previously
encumbered owner(s) must complete Form VTR-34 and provide a release of lien for
certified copy of title. (Refer to Chapter 12, “Liens” for more information).
A lien recorded on a motor vehicle Texas title remains on the record until a new
application for title is filed and supported by a release of lien. The certified copy of title is
processed through a County Tax Assessor-Collector’s office, and a new title is issued
showing no lien. If the title recording the lien is lost or destroyed, the recorded lienholder
should complete Form VTR-34 for a certified copy of title. This is true even if the lien
has been paid off, since the lien is still recorded against the vehicle in the files of the
department.
Multiple Lienholders
A second lienholder has no authority to apply for a certified copy of title without a release
of lien from the first lienholder.When dealing with a vehicle record with a first and second
lienholder:
• The first lienholder may apply for a CCO without a release of lien from the second
lienholder
• The owner(s)