1. (a) Who may file. 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 request issuance of a title from the department on a prescribed form if the vehicle is in the possession of the applicant; and

   1. (1) there is a record that indicates a lien that is less than ten years old and the surety bonding company ensures lien satisfaction or release of lien;
   2. (2) there is a record that indicates there is not a lien or the lien is ten or more years old; or
   3. (3) the department has no previous motor vehicle record.
2. (b) Administrative fee. The applicant must pay the department a $15 administrative fee in addition to any other required fees.

3. (c) 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. (1) The appraisal must be on a form specified by the department 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. (2) The appraisal must be dated and be submitted to the department within 30 days of the appraisal.
   3. (3) If the motor vehicle is 25 years or older and the appraised value of the vehicle is less than $4,000, then the bond amount will be established from a value of $4,000.
4. (d) Vehicle identification number inspection. If the department has no motor vehicle record for the vehicle, the vehicle identification number must be verified by a Texas licensed Safety Inspection Station or a law enforcement officer who holds an auto theft certification.

5. (e) Required documentation. An applicant may apply for a bonded title if the applicant submits:

   1. (1) verification of the vehicle identification number on a form specified by the department;
   2. (2) any evidence of ownership;
   3. (3) the original bond within 30 days of issuance;
   4. (4) the rejection letter within one year of issuance and the receipt for $15 paid to the department;
   5. (5) the documentation determining the value of the vehicle;
   6. (6) proof of the vehicle identification number inspection, as described in subsection (d) of this section, if the department has no motor vehicle record for the vehicle;
   7. (7) a weight certificate if there is no title or the vehicle is an out-of-state commercial vehicle;
   8. (8) a certification of lien satisfaction by the surety bonding company or a release of lien if the rejection letter states that there may be a lien less than ten years old; and
   9. (9) any other required documentation and fees.
6. (f) Report of Judgment. The bond must require that the surety report payment of any judgment to the department within 30 days.

Source Note:The provisions of this §217.9 adopted to be effective March 12, 2015, 40 TexReg 1096; amended to be effective November 30, 2016, 41 TexReg 9337.