1. (a) Titles. Unless otherwise exempted by law or this chapter, the owner of any motor vehicle that is required to be registered in accordance with Transportation Code, Chapter 502, shall apply for a Texas title in accordance with Transportation Code, Chapter 501.

   1. (1) Motorcycles, motor-driven cycles, and mopeds.

      1. (A) The title requirements of a motorcycle, motor-driven cycle, and moped are the same requirements prescribed for any motor vehicle.
      2. (B) A vehicle that meets the criteria for a moped and has been certified as a moped by the Department of Public Safety will be registered and titled as a moped. If the vehicle does not appear on the list of certified mopeds published by that agency, the vehicle will be treated as a motorcycle for title and registration purposes.

   2. (2) Farm vehicles.

      1. (A) The term motor vehicle does not apply to implements of husbandry, which may not be titled.
      2. (B) Farm tractors owned by agencies exempt from registration fees in accordance with Transportation Code, §502.453, are required to be titled and registered with "Exempt" license plates issued in accordance with Transportation Code, §502.451.
      3. (C) Farm tractors used as road tractors to mow rights of way or used to move commodities over the highway for hire are required to be registered and titled.
      4. (D) Farm semitrailers with a gross weight of more than 4,000 pounds that are registered in accordance with Transportation Code, §502.146, may be issued a Texas title.
   3. (3) Neighborhood electric vehicles. The title requirements of a neighborhood electric vehicle (NEV) are the same requirements prescribed for any motor vehicle.

   4. (4) Exemptions from title. Vehicles registered with the following distinguishing license plates may not be titled under Transportation Code, Chapter 501:

      1. (A) vehicles eligible for machinery license plates and permit license plates in accordance with Transportation Code, §502.146; and
      2. (B) vehicles eligible for farm trailer license plates in accordance with Transportation Code, §502.433, unless the owner chooses to title a farm semitrailer with a gross weight of more than 4,000 pounds that is registered in accordance with §502.146, as provided by Transportation Code, §501.036.

   5. (5) Trailers, semitrailers, and house trailers. Owners of trailers and semitrailers shall apply for and receive a Texas title for any stand alone (full) trailer, including homemade or shopmade full trailers, or any semitrailer having a gross weight in excess of 4,000 pounds. House trailer-type vehicles must meet the criteria outlined in subparagraph (C) of this paragraph to be titled.

      1. (A) In the absence of a manufacturer's rated carrying capacity for a trailer or semitrailer, the rated carrying capacity will not be less than one-third of its empty weight.
      2. (B) Mobile office trailers, mobile oil field laboratories, and mobile oil field bunkhouses are not designed as dwellings, but are classified as commercial semitrailers and must be registered and titled as commercial semitrailers if operated on the public streets and highways.

      3. (C) House trailer-type vehicles and camper trailers must meet the following criteria in order to be titled.

         1. (i) A house trailer-type vehicle designed for living quarters and that is eight body feet or more in width or forty body feet or more in length (not including the hitch), is classified as a manufactured home or mobile home and is titled under the Texas Manufactured Housing Standards Act, Occupations Code, Chapter 1201, administered by the Texas Department of Housing and Community Affairs.
         2. (ii) A house trailer-type vehicle that is less than eight feet in width and less than forty feet in length is classified as a travel trailer and shall be registered and titled.
         3. (iii) A camper trailer shall be titled as a house trailer and shall be registered with travel trailer license plates.
         4. (iv) A recreational park model type trailer that is primarily designed as temporary living quarters for recreational, camping or seasonal use, is built on a single chassis, and is 400 square feet or less when measured at the largest horizontal projection when in the set up mode shall be titled as a house trailer and may be issued travel trailer license plates. If the park model type trailer exceeds one hundred two inches in width or forty feet in length, the title will include a brand to indicate that an oversize permit must be obtained to move the trailer on the public roads.
   6. (6) Vehicles that may not be titled. The department will not title a vehicle, with the exception of a trailer as defined in Transportation Code, §501.002, that does not have a body, motor, and frame manufactured by a motor vehicle manufacturer.

2. (b) Initial application for title.

   1. (1) Time for application. A person must apply for the title not later than the 30th day after the date of assignment, except:

      1. (A) that in a seller-financed sale, the title must be applied for not later than the 45th day after the date the motor vehicle is delivered to the purchaser;
      2. (B) as provided by §215.144(e) of this title (relating to Record of Sales and Inventory); or
      3. (C) a member of the armed forces or a member of a reserve component of the United States, a member of the Texas National Guard or of the National Guard of another state serving on active duty, must apply not later than the 60th day after the date of assignment of ownership.

   2. (2) Place of application. When motor vehicle ownership is transferred, a title application must be filed with the county tax assessor-collector in the county in which the applicant resides or in the county in which the motor vehicle was purchased or encumbered, as selected by the applicant, except:

      1. (A) as provided by Transportation Code, Chapters 501 and 502 and by §217.63(a) of this chapter (relating to Application for Non-repairable or Salvage Vehicle Title); or
      2. (B) if a county has been declared a disaster area, the resident may apply at the closest unaffected county if the affected county tax assessor-collector estimates the county offices will be inoperable for a protracted period.

   3. (3) Information to be included on application. An applicant for an initial title must file an application on a form prescribed by the department. The form will at a minimum require the:

      1. (A) motor vehicle description including, but not limited to, the motor vehicle's:

         1. (i) year;
         2. (ii) make;
         3. (iii) model;
         4. (iv) identification number;
         5. (v) body style;
         6. (vi) manufacturer's rated carrying capacity for commercial motor vehicles; and
         7. (vii) empty weight;
      2. (B) license plate number, if the motor vehicle is subject to registration under Transportation Code, Chapter 502;
      3. (C) odometer reading and brand, or the word "exempt" if the motor vehicle is exempt from federal and state odometer disclosure requirements;
      4. (D) previous owner's name and city and state of residence;
      5. (E) name and complete address of the applicant;
      6. (F) name and mailing address of any lienholder and the date of lien, if applicable;
      7. (G) signature of the seller of the motor vehicle or the seller's authorized agent and the date the title application was signed; and
      8. (H) signature of the applicant or the applicant's authorized agent and the date the title application was signed.
   4. (4) Vehicle identification number. If no vehicle identification number is die-stamped by the manufacturer on a motor vehicle, house trailer, trailer, semitrailer, or item of equipment required to be titled, or if the vehicle identification number assigned and die-stamped by the manufacturer has been lost, removed, or obliterated, the department will on proper application, presentation of evidence of ownership, and presentation of evidence of a law enforcement physical inspection, assign a vehicle identification number to the motor vehicle, trailer, or equipment. The manufacturer's vehicle identification number or the assigned vehicle identification number will be used by the department as the major identification of the motor vehicle or trailer in the issuance of a title.

   5. (5) Accompanying documentation. The title application must be supported by, at a minimum, the following documents:

      1. (A) evidence of vehicle ownership, as described in subsection (c) of this section;
      2. (B) an odometer disclosure statement properly executed by the seller of the motor vehicle and acknowledged by the purchaser, if applicable;
      3. (C) proof of financial responsibility in the applicant's name, as required by Transportation Code, §502.046, unless otherwise exempted by law;
      4. (D) an identification certificate if required by Transportation Code, §548.256, and Transportation Code, §501.030, and if the vehicle is being titled and registered, or registered only; and

      5. (E) a release of any liens, provided that if any liens are not released, they will be carried forward on the new title application with the following limitations.

         1. (i) A lien recorded on out-of-state evidence as described in subsection (c) of this section cannot be carried forward to a Texas title when there is a transfer of ownership, unless a release of lien or authorization from the lienholder is attached.
         2. (ii) A lien recorded on out-of-state evidence as described in subsection (c) of this section 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.

3. (c) Evidence of motor vehicle ownership. Evidence of motor vehicle ownership properly assigned to the applicant must accompany the title application. Evidence must include, but is not limited to, the following documents.

   1. (1) New motor vehicles. A manufacturer's certificate of origin assigned by the manufacturer or the manufacturer's representative or distributor to the original purchaser is required for a new motor vehicle that is sold or offered for sale.

      1. (A) The manufacturer's certificate of origin must be in the form prescribed by the department and must contain, at a minimum, the following information:

         1. (i) motor vehicle description including, but not limited to, the motor vehicle's year, make, model, identification number, body style and empty weight;
         2. (ii) the manufacturer's rated carrying capacity when the manufacturer's certificate of origin is invoiced to a licensed Texas motor vehicle dealer and is issued for commercial motor vehicles as that term is defined in Transportation Code, Chapter 502;
         3. (iii) a statement identifying a motor vehicle designed by the manufacturer for off-highway use only; and
         4. (iv) if the vehicle is a "neighborhood electric vehicle", a statement that the vehicle meets Federal Motor Vehicle Safety Standard 500 (49 C.F.R. §571.500) for low-speed vehicles.
      2. (B) When a motor vehicle manufactured in another country is sold directly to a person other than a manufacturer's representative or distributor, the manufacturer's certificate of origin must be assigned to the purchaser by the seller.
   2. (2) Used motor vehicles. A title issued by the department, a title issued by another state if the motor vehicle was last registered and titled in another state, or other evidence of ownership must be relinquished in support of the title application for any used motor vehicle. A letter of Title and Registration verification is required from a vehicle owner coming from a state that no longer titles vehicles after a certain period of time.

   3. (3) Motor vehicles brought into the United States. An application for title for a motor vehicle last registered or titled in a foreign country must be supported by documents including, but not limited to, the following:

      1. (A) the motor vehicle registration certificate or other verification issued by a foreign country reflecting the name of the applicant as the motor vehicle owner, or reflecting that legal evidence of ownership has been legally assigned to the applicant;

      2. (B) verification of the vehicle identification number of the vehicle, on a form prescribed by the department, executed by a member of:

         1. (i) the National Insurance Crime Bureau;
         2. (ii) the Federal Bureau of Investigation; or
         3. (iii) a law enforcement auto theft unit; and

      3. (C) for motor vehicles that are less than 25 years old, proof of compliance with United States Department of Transportation (USDOT) regulations, including, but not limited to, the following documents:

         1. (i) the original bond release letter with all attachments advising that the motor vehicle meets federal motor vehicle safety requirements or a letter issued by the USDOT, National Highway Traffic Safety Administration, verifying the issuance of the original bond release letter;
         2. (ii) a legible copy of the motor vehicle importation form validated with an original United States Customs stamp, date, and signature as filed with the USDOT confirming the exemption from the bond release letter required in clause (i) of this subparagraph, or a copy thereof certified by United States Customs;
         3. (iii) a verification of motor vehicle inspection by United States Customs certified on its letterhead and signed by its agent verifying that the motor vehicle complies with USDOT regulations;
         4. (iv) a written confirmation that a physical inspection of the safety certification label has been made by the department and that the motor vehicle meets United States motor vehicle safety standards;
         5. (v) the original bond release letter, verification thereof, or written confirmation from the previous state verifying that a bond release letter issued by the USDOT was relinquished to that jurisdiction, if the non United States standard motor vehicle was last titled or registered in another state for one year or less; or
         6. (vi) verification from the vehicle manufacturer on its letterhead stationery.

   4. (4) Alterations to documentation. An alteration to a registration receipt, title, manufacturer's certificate, or other evidence of ownership constitutes a valid reason for the rejection of any transaction to which altered evidence is attached.

      1. (A) Altered lien information on any surrendered evidence of ownership requires a release from the original lienholder or a statement from the proper authority of the state in which the lien originated. The statement must verify the correct lien information.
      2. (B) A strikeover that leaves any doubt about the legibility of any digit in any document will not be accepted.

      3. (C) A corrected manufacturer's certificate of origin will be required if the manufacturer's certificate of origin contains an:

         1. (i) incomplete or altered vehicle identification number;
         2. (ii) alteration or strikeover of the vehicle's model year;
         3. (iii) alteration or strikeover to the body style, or omitted body style on the manufacturer's certificate of origin; or
         4. (iv) alteration or strikeover to the manufacturer's rated carrying capacity.

      4. (D) A Statement of Fact may be requested to explain errors, corrections, or conditions from which doubt does or could arise concerning the legality of any instrument. A Statement of Fact will be required in all cases:

         1. (i) in which the date of sale on an assignment has been erased or altered in any manner; or
         2. (ii) of alteration or erasure on a Dealer's Reassignment of Title.
   5. (5) Rights of survivorship. A signed "rights of survivorship" agreement may be executed by a natural person acting in an individual capacity in accordance with Transportation Code, §501.031.

   6. (6) Identification required through August 31, 2013.

      1. (A) An application for title is not acceptable unless the applicant presents a government-issued current photo identification of the owner containing a unique identification number, expiration date, and birth date. The identification document may also be a document listed in paragraph (7)(A) of this subsection.
      2. (B) The requirements of paragraph (7)(B) - (E) apply to this paragraph.

   7. (7) Identification required on or after September 1, 2013.

      1. (A) An application for title is not acceptable unless the applicant presents a current photo identification of the owner containing a unique identification number and expiration date. The identification document must be a:

         1. (i) driver's license or state identification certificate issued by a state or territory of the United States;
         2. (ii) United States or foreign passport;
         3. (iii) United States military identification card;
         4. (iv) North Atlantic Treaty Organization identification or identification issued under a Status of Forces Agreement; or
         5. (v) United States Department of Homeland Security, United States Citizenship and Immigration Services, or United States Department of State identification document.

      2. (B) If the motor vehicle is titled in:

         1. (i) more than one name, then the identification of one owner must be presented;
         2. (ii) the name of a leasing company, then the identification of the lessee or lessor's employee along with a business card or authorization written on the lessor's letterhead matching the identification of the employee must be presented;
         3. (iii) the name of a trust, then the identification of a trustee must be presented; or
         4. (iv) the name of a business, government entity, or organization, then a business card or authorization written on letterhead must be presented matching the identification of the applicant.

      3. (C) If a power of attorney is being used to apply for a title, then the applicant must show:

         1. (i) identification matching the person or employee of the entity named as power of attorney;
         2. (ii) 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
         3. (iii) identification of the owner or lienholder.
      4. (D) Within this subsection, "current" is defined as not to exceed 12 months of expiration date.
      5. (E) A person who holds a general distinguishing number issued under Chapter 503 of the Transportation Code or Chapter 2301, Occupations Code, is not required to submit the owner's identification to the county tax assessor-collector, but must retain a copy of the owner's current photo identification in the purchase and sales records as required under §215.144 of this title (relating to Record of Sales and Inventory).

4. (d) Title issuance.

   1. (1) Issuance. The department or its designated agent will issue a receipt and process the application for title on receipt of:

      1. (A) a completed application for title;
      2. (B) accompanying documentation required by subsections (b)(4) and (c) of this section;

      3. (C) the statutory fee for a title application, unless exempt under:

         1. (i) Transportation Code, §501.138; or
         2. (ii) Government Code, §431.039 and copies of official military orders are presented as evidence of the applicant's active duty status and deployment orders to a hostile fire zone; and
      4. (D) any other applicable fees.
   2. (2) Titles. The department will issue and mail or deliver a title to the applicant or, in the event that there is a lien disclosed in the application, to the first lienholder.
   3. (3) Receipt. The receipt issued at the time of application for title may be used only as evidence of title and may not be used to transfer any interest or ownership in a motor vehicle or to establish a new lien.

5. (e) Replacement of title. If a title is lost or destroyed, the department will issue a certified copy of the title to the owner, the lienholder, or a verified agent of the owner or lienholder in accordance with Transportation Code, Chapter 501, on proper application and payment of the appropriate fee to the department.

   1. (1) Identification required.

      1. (A) An owner or lienholder may not apply for a certified copy of title unless the applicant presents a current photo identification of the owner or lienholder containing a unique identification number and expiration date. The identification document must be a:

         1. (i) driver's license or state identification certificate issued by a state or territory of the United States;
         2. (ii) United States or foreign passport;
         3. (iii) United States military identification card;
         4. (iv) North Atlantic Treaty Organization identification or identification issued under a Status of Forces Agreement; or
         5. (v) United States Department of Homeland Security, United States Citizenship and Immigration Services, or United States Department of State identification document.

      2. (B) If the motor vehicle is titled in:

         1. (i) more than one name, then the identification for each owner must be presented;
         2. (ii) the name of a leasing company, then the identification of the lessor's employee along with a business card or authorization written on the lessor's letterhead matching the identification of the employee must be presented;
         3. (iii) the name of a trust, then the identification of a trustee must be presented; or
         4. (iv) the name of a business, government entity, or organization, then a business card or authorization written on letterhead must be presented matching the identification of the applicant.

      3. (C) If a power of attorney is being used to apply for a certified copy of title, then the applicant must show:

         1. (i) identification matching the person or employee of the entity named as power of attorney;
         2. (ii) 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
         3. (iii) identification of the owner or lienholder.
      4. (D) Within this subsection, "current" is defined as within six months of expiration date.
   2. (2) Issuance. An application for a certified copy must be properly executed and supported by appropriate verifiable proof for the vehicle owner, lienholder, or agent regardless of whether the application is submitted in person or by mail.
   3. (3) Denial. If issuance of a certified copy is denied, the applicant may resubmit the request with the required verifiable proof or may pursue the privileges available in accordance with Transportation Code, §501.052 and §501.053.
   4. (4) Certified copy designation. A certified copy of an existing title will be marked "Certified Copy" until ownership of the vehicle is transferred, when the words "Certified Copy" will be eliminated from the new title.
   5. (5) Fees. The fee for obtaining a certified copy of a title is $2 if the application is submitted to the department by mail and $5.45 if the application is submitted in person for expedited processing at one of the department's regional offices.

6. (f) Department notification of second hand vehicle transfers. A transferor of a motor vehicle may voluntarily make written notification to the department of the sale of the vehicle, in accordance with Transportation Code, §501.147. The written notification may be submitted to the department by mail, in person at one of the department's regional offices, or electronically through the department's Internet website.

   1. (1) Records. On receipt of written notice of transfer from the transferor of a motor vehicle, the department will mark its records to indicate the date of transfer and will maintain a record of the information provided on the written notice of transfer.
   2. (2) Title issuance. A title will not be issued in the name of a transferee until the transferee files an application for the title as described in this section.

7. (g) Bonded titles and County Tax Assessor-Collector Hearings.

   1. (1) Application for bonded title. A person who has an interest in a motor vehicle to which the department has refused to issue a title or has suspended or revoked a title may file a bond with the department on a department form.

      1. (A) Value. The amount of the bond must be equal to one and one-half times the value of the vehicle as determined using the Standard Presumptive Value (SPV) from the department's Internet website. If the SPV is not available, then a national reference guide will be used. If the value cannot be determined by either source, then the person may obtain an appraisal.

         1. (i) The appraisal must be on a department form from a Texas licensed motor vehicle dealer for the categories of motor vehicles that the dealer is licensed to sell or a Texas licensed insurance adjuster who may appraise any type of motor vehicle.
         2. (ii) The appraisal must be dated and be submitted to the county tax assessor-collector within 30 days of the purchase or assignment.
         3. (iii) If the motor vehicle is 25 years or older, an appraisal less than $4,000 will not be accepted.
      2. (B) Administrative Fee. The applicant must pay the department a $15 administrative fee in addition to any other required fees.
      3. (C) Out-of-state vehicles. If the applicant is a Texas resident, but the evidence indicates that the vehicle is an out-of-state vehicle, the vehicle identification number must be verified by a Texas licensed Safety Inspection Station, a law enforcement officer, or a department Regional Service Center on a form prescribed by the department.
      4. (D) Issuance. On the filing of the bond, the department may issue a title.

   2. (2) Appeal of refusal to Issue, or Revocation or Suspension of Title.

      1. (A) The county tax assessor-collector must hold a hearing upon the application by an interested person aggrieved by a refusal to issue title, or a revocation or suspension of title.
      2. (B) A person wishing to appeal the county tax assessor-collector hearing may appeal to a court with jurisdiction.

8. (h) Rescission, cancellation or revocation by affidavit.

   1. (1) The department may rescind, cancel, or revoke an application for a title if a notarized affidavit is completed and presented to the department within 21 days of initial sale containing:

      1. (A) a statement that the vehicle involved was a new motor vehicle in the process of a first sale;
      2. (B) a statement that the dealer, the applicant, and any lienholder have canceled the sale;

      3. (C) a statement that the vehicle was:

         1. (i) never in possession of the title applicant; or
         2. (ii) in the possession of the title applicant;
      4. (D) the signatures of the dealer, the applicant, and any lienholder as principal to the document; and
      5. (E) an odometer disclosure statement executed by the purchaser of the motor vehicle and acknowledged by the dealer if a statement is made pursuant to subparagraph (C)(ii) of this paragraph to be used for the purpose of determining usage subsequent to sale.
   2. (2) A rescission, cancellation, or revocation containing the statement authorized under paragraph (1)(C)(ii) of this subsection does not negate the fact that the vehicle has been subject to a previous retail sale.

9. (i) Discharge of lien. A lienholder shall provide the owner, or the owner's designee, a discharge of the lien after receipt of the final payment within the time limits specified in Transportation Code, Chapter 501. The lienholder shall submit one of the following documents:

   1. (1) the title including an authorized signature in the space reserved for release of lien;

   2. (2) a release of lien form prescribed by the department, with the form filled out to include the:

      1. (A) title or document number, or a description of the motor vehicle including, but not limited to, the motor vehicle's:

         1. (i) year;
         2. (ii) make;
         3. (iii) vehicle identification number; and
         4. (iv) license plate number, if the motor vehicle is subject to registration under Transportation Code, Chapter 502;
      2. (B) printed name of lienholder;
      3. (C) signature of lienholder or an authorized agent;
      4. (D) printed name of the authorized agent if the agent's signature is shown;
      5. (E) telephone number of lienholder; and
      6. (F) date signed by the lienholder;

   3. (3) signed and dated correspondence submitted on company letterhead that includes:

      1. (A) a statement that the lien has been paid;
      2. (B) a description of the vehicle as indicated in paragraph (2)(A) of this subsection;
      3. (C) a title or document number; or
      4. (D) lien information;
   4. (4) any out-of-state prescribed release of lien form, including an executed release on a lien entry form;
   5. (5) out-of-state evidence with the word "Paid" or "Lien Satisfied" stamped or written in longhand on the face, followed by the name of the lienholder, countersigned or initialed by an agent, and dated; or
   6. (6) original security agreements or copies of the original security agreements if the originals or copies are stamped "Paid" or "Lien Satisfied" with a company paid stamp or if they contain a statement in longhand that the lien has been paid followed by the company's name.

10. (j) Fees. The department and the county will charge required fees, and only those fees provided by statute or by rule.

    1. (1) Mechanic lien fees. The $25 fee provided by Property Code, §70.006 may be charged once per vehicle.
    2. (2) There is no charge for issuance of title receipt or the duplicate of title receipt at the time of application.

Source Note:The provisions of this §217.3 adopted to be effective March 4, 2010, 35 TexReg 1761; amended to be effective May 6, 2012, 37 TexReg 3185; amended to be effective September 2, 2012, 37 TexReg 6687; amended to be effective April 14, 2013, 38 TexReg 2231.