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Statutes > Texas > Transportation-code > Title-7-vehicles-and-traffic > Chapter-520-miscellaneous-provisions

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE A. CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES

CHAPTER 520. MISCELLANEOUS PROVISIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 520.001. DEFINITION. In this chapter, "department" means

the Texas Department of Motor Vehicles.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 2H.01, eff. September 1, 2009.

Sec. 520.002. LEASE OF ADDITIONAL COMPUTER EQUIPMENT. (a) This

section applies only to the lease of equipment to a county for

the operation of the automated registration and title system in

addition to the equipment provided by the department at no cost

to the county under a formula prescribed by the department.

(b) On the request of the tax assessor-collector of a county,

the department may enter into an agreement with the commissioners

court of that county under which the department leases additional

equipment to the county for the use of the tax assessor-collector

in operating the automated registration and title system in that

county.

(c) A county may install equipment leased under this section at

offices of the county or of an agent of the county.

(d) Equipment leased under this section:

(1) remains the property of the department; and

(2) must be used primarily for the automated registration and

title system.

(e) Under the agreement, the department shall charge the county

an amount not less than the amount of the cost to the department

to provide the additional equipment and any related services

under the lease. All money collected under the lease shall be

deposited to the credit of the state highway fund.

Added by Acts 1999, 76th Leg., ch. 876, Sec. 1, eff. June 18,

1999.

SUBCHAPTER B. MOTOR NUMBER RECORD REQUIREMENTS

Sec. 520.011. MOTOR NUMBER REQUIRED FOR VEHICLE REGISTRATION;

PENALTY. (a) A person may not apply to the county

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.

(b) A person commits an offense if the person violates this

section. An offense under this subsection is a misdemeanor

punishable by a fine of not less than $50 and not more than $100.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.012. APPLICATION FOR MOTOR NUMBER RECORD; RECORD;

PENALTY. (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 separate register for

recording each motor number assigned by the department. For each

motor number assigned by the department, the record must

indicate:

(1) the motor number assigned by the department;

(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.

(c) A person who fails to comply with this section commits an

offense. An offense under this subsection is a misdemeanor

punishable by a fine of not less than $10 and not more than $100.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.013. PRESENTATION OF MOTOR NUMBER RECEIPT REQUIRED;

PENALTY. (a) A person who receives a motor number from the

department shall present the receipt received from the department

for the assignment of the motor number to the county

assessor-collector when the person applies for the registration

of the motor vehicle.

(b) A person commits an offense if the person violates this

section. An offense under this subsection is a misdemeanor

punishable by a fine of not less than $10 and not more than $50.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.014. VIOLATION BY COUNTY ASSESSOR-COLLECTOR; PENALTY.

(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 removed, erased, or

destroyed; and

(2) does not bear a motor 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. GENERAL REQUIREMENTS RELATING TO TRANSFERS OF USED

MOTOR VEHICLES

Sec. 520.022. DELIVERY OF RECEIPT AND TITLE TO TRANSFEREE;

PENALTY. (a) A person, whether acting for that person or

another, who sells, trades, or otherwise transfers a used motor

vehicle shall deliver to the transferee at the time of delivery

of the vehicle:

(1) the license receipt issued by the department for

registration of the vehicle, if the vehicle was required to be

registered at the time of the delivery; and

(2) a properly assigned certificate of title or other evidence

of title as required under Chapter 501.

(b) A person commits an offense if the person violates this

section. An offense under this subsection is a misdemeanor

punishable by a fine not to exceed $200.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1423, Sec. 5, eff. Sept. 1,

1999.

Sec. 520.0225. PERSONS ON ACTIVE DUTY IN ARMED FORCES OF UNITED

STATES. (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 in Section 520.021 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 520.022, 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.

Added by Acts 1999, 76th Leg., ch. 836, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.023. POWERS AND DUTIES OF DEPARTMENT ON TRANSFER OF

USED VEHICLE. (a) On receipt of a written notice of transfer

from the transferor 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 transferor 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 transferor or include the date of signing.

(b) The department may design the written notice of transfer to

be part of the certificate of title for the vehicle. The form

shall be provided by the department and must include a place for

the transferor to state:

(1) the vehicle identification number of the vehicle;

(2) the number of the license plate issued to the vehicle, if

any;

(3) the full name and address of the transferor;

(4) the full name and address of the transferee;

(5) the date the transferor delivered possession of the vehicle

to the transferee;

(6) the signature of the transferor; and

(7) the date the transferor signed the form.

(c) This subsection applies only if the department receives

notice under Subsection (a) before the 30th day after the date

the transferor delivered possession of the vehicle to the

transferee. After the date of the transfer of the vehicle shown

on the records of the department, the transferee 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:

(1) rules to implement this section; and

(2) a fee for filing a notice of transfer under this section in

an amount not to exceed the lesser of the actual cost to the

department of implementing this section or $5.

(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) This section does not require the department to issue a

certificate of title to a person shown on a notice of transfer as

the transferee of a motor vehicle. The department may not issue a

certificate of title for the vehicle until the transferee applies

to the county assessor-collector as provided by Chapter 501.

(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 certificate of 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.71(a), eff.

Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 1, eff. January 1, 2008.

Acts 2009, 81st Leg., R.S., Ch.

542, Sec. 2, eff. September 1, 2009.

SUBCHAPTER D. TRANSFER OF TITLE AND REGISTRATION OF USED VEHICLE

Sec. 520.031. FILING BY TRANSFEREE; APPLICATION FOR TRANSFER OF

TITLE AND REGISTRATION.

Text of subsec. (a) as amended by Acts 1999, 76th Leg., ch. 836,

Sec. 3

(a) Not later than the 20th working day after the date of

receiving the documents under Section 520.022 or 520.0225, the

transferee of the used motor vehicle shall file with the county

assessor-collector:

(1) the license receipt and the certificate of title or other

evidence of title; or

(2) if appropriate, a document described by Section

520.0225(b)(1) or (2) and the certificate of title or other

evidence of title.

Text of subsec. (a) as amended by Acts 1999, 76th Leg., ch. 1423,

Sec. 6

(a) Not later than the 20th working day after the date of

receiving the documents under Section 520.022, the transferee of

the used motor vehicle shall file with the county

assessor-collector each document received under that section.

(b) The filing under Subsection (a) is an application for

transfer of title as required under Chapter 501 and, if the

license receipt is filed, an application for transfer of the

registration of the motor vehicle.

(c) In this section, "working day" means any day other than a

Saturday, a Sunday, or a holiday on which county offices are

closed.

(d) Notwithstanding Subsection (a), if the transferee 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 working day after the date of their

receipt by the transferee.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 836, Sec. 3, eff. Sept. 1,

1999; Acts 1999, 76th Leg., ch. 1423, Sec. 6, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 2, eff. January 1, 2008.

Sec. 520.032. TRANSFER FEE; LATE FEE. (a) The transferee of a

used motor vehicle shall pay, in addition to any fee required

under Chapter 501 for the transfer of title, a transfer fee of

$2.50 for the transfer of the registration of the motor vehicle.

(b) If the transferee does not file the application during the

period provided by Section 520.031, the transferee is liable for

a late fee to be paid to the county assessor-collector when the

application is filed. If the transferee holds a general

distinguishing number issued under Chapter 503 of this code or

Chapter 2301, Occupations Code, the amount of the late fee is

$10. If the transferee does not hold a general distinguishing

number, subject to Subsection (b-1) the amount of the late fee is

$25.

(b-1) If the application is filed after the 31st working day

after the date the transferee received the documents under

Section 520.022, the late fee imposed under Subsection (b)

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) The county assessor-collector and the surety on the county

assessor-collector's bond are liable for the late fee if the

county assessor-collector does not collect the late fee.

(d) Subsections (b) and (b-1) 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 3, eff. January 1, 2008.

Sec. 520.033. ALLOCATION OF FEES. (a) The county

assessor-collector may retain as commission for services provided

under this subchapter half of each transfer fee collected, half

of each late fee, and half of each additional penalty collected

under Section 520.032.

(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 registration fees are required to be reported and

remitted.

(c) Of each late fee collected from a person who does not hold a

general distinguishing number that the department receives 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 4, eff. January 1, 2008.

Sec. 520.034. PROCESSING OF APPLICATION; RULES. (a) On receipt

of an application for the transfer of a certificate of title and

registration, the county assessor-collector shall process the

application for transfer of title as provided under Chapter 501,

and the department shall issue a transfer of registration receipt

when the department receives the application for transfer of

registration.

(b) The department may adopt rules and prescribe forms to

implement this subchapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.035. EXECUTION OF TRANSFER DOCUMENTS; PENALTY. (a) A

person who transfers a motor vehicle in this state shall execute

in full and date as of the date of the transfer all documents

relating to the transfer of registration or certificate of title.

A person who transfers a vehicle commits an offense if the person

fails to execute the documents 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.036. GENERAL PENALTY. (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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER E. MOTOR VEHICLE TITLE SERVICES

Sec. 520.051. DEFINITIONS. In this subchapter:

(1) "Motor vehicle" has the meaning assigned by Section 501.002.

(2) "Motor vehicle title service" means any person that for

compensation directly or indirectly assists other persons in

obtaining title documents by submitting, transmitting, or sending

applications for title documents to the appropriate government

agencies.

(3) "Title documents" means motor vehicle title applications,

motor vehicle registration renewal applications, motor vehicle

mechanic's lien title applications, motor vehicle storage lien

title applications, motor vehicle temporary registration permits,

motor vehicle title application transfers occasioned by the death

of the title holder, or notifications under Chapter 683 of this

code or Chapter 70, Property Code.

(4) "Title service license holder" means a person who holds a

motor vehicle title service license or a title service runner's

license.

(5) "Title service record" means the written record for each

transaction in which a motor vehicle title service receives

compensation.

(6) "Title service runner" means any person employed by a

licensed motor vehicle title service to submit or present title

documents to the county tax assessor-collector.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.052. APPLICABILITY. This subchapter applies to any

motor vehicle title service operating in a county:

(1) that has a population of more than 500,000; or

(2) in which the commissioners court by order has adopted this

subchapter.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 448, Sec. 1, eff.

Sept. 1, 2003.

Sec. 520.053. LICENSE REQUIRED. A person may not act as a motor

vehicle title service or act as an agent for that business unless

that person holds a license issued under this subchapter.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.054. GENERAL LICENSE APPLICATION REQUIREMENTS. (a) An

applicant for a motor vehicle title service license must apply on

a form prescribed by the county tax assessor-collector. The

application form must be signed by the applicant and accompanied

by the application fee.

(b) An application must include:

(1) the applicant's name, business address, and business

telephone number;

(2) the name under which the applicant will do business;

(3) the physical address of each office from which the applicant

will conduct business;

(4) a statement indicating whether the applicant has previously

applied for a license under this subchapter, the result of the

previous application, and whether the applicant has ever been the

holder of a license under this subchapter that was revoked or

suspended;

(5) information from the applicant as required by the county tax

assessor-collector to establish the business reputation and

character of the applicant;

(6) the applicant's federal tax identification number;

(7) the applicant's state sales tax number; and

(8) any other information required by rules adopted under this

subchapter.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.055. APPLICATION REQUIREMENTS: CORPORATION. In

addition to the information required in Section 520.054, an

applicant for a motor vehicle title service license that intends

to engage in business as a corporation shall submit the following

information:

(1) the state of incorporation;

(2) the name, address, date of birth, and social security number

of each of the principal owners and directors of the corporation;

(3) information about each officer and director as required by

the county tax assessor-collector to establish the business

reputation and character of the applicant; and

(4) a statement indicating whether an employee, officer, or

director has been refused a motor vehicle title service license

or a title service runner's license or has been the holder of a

license that was revoked or suspended.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.056. APPLICATION REQUIREMENTS: PARTNERSHIP. In

addition to the information required in Section 520.054, a motor

vehicle title service license applicant that intends to engage in

business as a partnership shall submit an application that

includes the following information:

(1) the name, address, date of birth, and social security number

of each partner;

(2) information about each partner as required by the county tax

assessor-collector to establish the business reputation and

character of the applicant; and

(3) a statement indicating whether a partner or employee has

been refused a motor vehicle title service license or a title

service runner's license or has been the holder of a license that

was revoked or suspended.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.057. RECORDS. (a) A holder of a motor vehicle title

service license shall maintain records as required by this

section on a form prescribed and made available by the county tax

assessor-collector for each transaction in which the license

holder receives compensation. The records shall include:

(1) the date of the transaction;

(2) the name, age, address, sex, driver's license number, and a

legible photocopy of the driver's license for each customer; and

(3) the license plate number, vehicle identification number, and

a legible photocopy of proof of financial responsibility for the

motor vehicle involved.

(b) A motor vehicle title service shall keep:

(1) two copies of all records required under this section for at

least two years after the date of the transaction;

(2) legible photocopies of any documents submitted by a

customer; and

(3) legible photocopies of any documents submitted to the county

tax assessor-collector.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.058. INSPECTION OF RECORDS. A motor vehicle title

service license holder or any of its employees shall allow an

inspection of records required under Section 520.057 by a peace

officer on the premises of the motor vehicle title service at any

reasonable time to verify, check, or audit the records.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.059. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. (a)

The county tax assessor-collector may deny, suspend, revoke, or

reinstate a license issued under this subchapter.

(b) The county tax assessor-collector shall adopt rules that

establish grounds for the denial, suspension, revocation, or

reinstatement of a license and rules that establish procedures

for disciplinary action. Procedures issued under this subchapter

are subject to Chapter 2001, Government Code.

(c) A person whose license is revoked may not apply for a new

license before the first anniversary of the date of the

revocation.

(d) A license may not be issued under a fictitious name that is

similar to or may be confused with the name of a governmental

entity or that is deceptive or misleading to the public.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.060. LICENSE RENEWAL. (a) A license issued under this

subchapter expires on the first anniversary of the date of

issuance and may be renewed annually on or before the expiration

date on payment of the required renewal fee.

(b) A person who is otherwise eligible to renew a license may

renew an unexpired license by paying to the county tax

assessor-collector before the expiration date of the license the

required renewal fee. A person whose license has expired may not

engage in activities that require a license until the license has

been renewed under this section.

(c) If a person's license has been expired for 90 days or less,

the person may renew the license by paying to the county tax

assessor-collector 1-1/2 times the required renewal fee.

(d) If a person's license has been expired for longer than 90

days but less than one year, the person may renew the license by

paying to the county tax assessor-collector two times the

required renewal fee.

(e) If a person's license has been expired for one year or

longer, the person may not renew the license. The person may

obtain a new license by complying with the requirements and

procedures for obtaining an original license.

(f) Notwithstanding Subsection (e), if a person was licensed in

this state, moved to another state, and has been doing business

in the other state for the two years preceding application, the

person may renew an expired license. The person must pay to the

county tax assessor-collector a fee that is equal to two times

the required renewal fee for the license.

(g) Before the 30th day preceding the date on which a person's

license expires, the county tax assessor-collector shall notify

the person of the impending expiration. The notice must be in

writing and sent to the person's last known address according to

the records of the county tax assessor-collector.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.061. CRIMINAL PENALTY. (a) A person commits an

offense if the person violates this subchapter or a rule adopted

by the county tax assessor-collector under this subchapter.

(b) An offense under this section is a Class A misdemeanor.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.062. INJUNCTION. (a) A district attorney of the

county in which the motor vehicle title service is located may

bring an action to enjoin the operation of a motor vehicle title

service if the motor vehicle title service license holder or a

runner of the motor vehicle title service while in the scope of

the runner's employment is convicted of more than one offense

under this subchapter.

(b) If the court grants relief under Subsection (a), the court

may:

(1) enjoin the person from maintaining or participating in the

business of a motor vehicle title service for a period of time as

determined by the court; or

(2) declare the place where the person's business is located to

be closed for any use relating to the business of the motor

vehicle title service for as long as the person is enjoined from

participating in that business.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.063. EXEMPTIONS. The following persons and their

agents are exempt from the licensing and other requirements

established by this subchapter:

(1) a franchised motor vehicle dealer or independent motor

vehicle dealer who holds a general distinguishing number issued

by the department under Chapter 503;

(2) a vehicle lessor holding a license issued by the Motor

Vehicle Board under Chapter 2301, Occupations Code, or a trust or

other entity that is specifically not required to obtain a lessor

license under Section 2301.254(a) of that code; and

(3) a vehicle lease facilitator holding a license issued by the

Motor Vehicle Board under Chapter 2301, Occupations Code.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.832,

eff. Sept. 1, 2003.

State Codes and Statutes

Statutes > Texas > Transportation-code > Title-7-vehicles-and-traffic > Chapter-520-miscellaneous-provisions

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE A. CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES

CHAPTER 520. MISCELLANEOUS PROVISIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 520.001. DEFINITION. In this chapter, "department" means

the Texas Department of Motor Vehicles.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 2H.01, eff. September 1, 2009.

Sec. 520.002. LEASE OF ADDITIONAL COMPUTER EQUIPMENT. (a) This

section applies only to the lease of equipment to a county for

the operation of the automated registration and title system in

addition to the equipment provided by the department at no cost

to the county under a formula prescribed by the department.

(b) On the request of the tax assessor-collector of a county,

the department may enter into an agreement with the commissioners

court of that county under which the department leases additional

equipment to the county for the use of the tax assessor-collector

in operating the automated registration and title system in that

county.

(c) A county may install equipment leased under this section at

offices of the county or of an agent of the county.

(d) Equipment leased under this section:

(1) remains the property of the department; and

(2) must be used primarily for the automated registration and

title system.

(e) Under the agreement, the department shall charge the county

an amount not less than the amount of the cost to the department

to provide the additional equipment and any related services

under the lease. All money collected under the lease shall be

deposited to the credit of the state highway fund.

Added by Acts 1999, 76th Leg., ch. 876, Sec. 1, eff. June 18,

1999.

SUBCHAPTER B. MOTOR NUMBER RECORD REQUIREMENTS

Sec. 520.011. MOTOR NUMBER REQUIRED FOR VEHICLE REGISTRATION;

PENALTY. (a) A person may not apply to the county

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.

(b) A person commits an offense if the person violates this

section. An offense under this subsection is a misdemeanor

punishable by a fine of not less than $50 and not more than $100.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.012. APPLICATION FOR MOTOR NUMBER RECORD; RECORD;

PENALTY. (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 separate register for

recording each motor number assigned by the department. For each

motor number assigned by the department, the record must

indicate:

(1) the motor number assigned by the department;

(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.

(c) A person who fails to comply with this section commits an

offense. An offense under this subsection is a misdemeanor

punishable by a fine of not less than $10 and not more than $100.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.013. PRESENTATION OF MOTOR NUMBER RECEIPT REQUIRED;

PENALTY. (a) A person who receives a motor number from the

department shall present the receipt received from the department

for the assignment of the motor number to the county

assessor-collector when the person applies for the registration

of the motor vehicle.

(b) A person commits an offense if the person violates this

section. An offense under this subsection is a misdemeanor

punishable by a fine of not less than $10 and not more than $50.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.014. VIOLATION BY COUNTY ASSESSOR-COLLECTOR; PENALTY.

(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 removed, erased, or

destroyed; and

(2) does not bear a motor 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. GENERAL REQUIREMENTS RELATING TO TRANSFERS OF USED

MOTOR VEHICLES

Sec. 520.022. DELIVERY OF RECEIPT AND TITLE TO TRANSFEREE;

PENALTY. (a) A person, whether acting for that person or

another, who sells, trades, or otherwise transfers a used motor

vehicle shall deliver to the transferee at the time of delivery

of the vehicle:

(1) the license receipt issued by the department for

registration of the vehicle, if the vehicle was required to be

registered at the time of the delivery; and

(2) a properly assigned certificate of title or other evidence

of title as required under Chapter 501.

(b) A person commits an offense if the person violates this

section. An offense under this subsection is a misdemeanor

punishable by a fine not to exceed $200.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1423, Sec. 5, eff. Sept. 1,

1999.

Sec. 520.0225. PERSONS ON ACTIVE DUTY IN ARMED FORCES OF UNITED

STATES. (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 in Section 520.021 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 520.022, 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.

Added by Acts 1999, 76th Leg., ch. 836, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.023. POWERS AND DUTIES OF DEPARTMENT ON TRANSFER OF

USED VEHICLE. (a) On receipt of a written notice of transfer

from the transferor 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 transferor 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 transferor or include the date of signing.

(b) The department may design the written notice of transfer to

be part of the certificate of title for the vehicle. The form

shall be provided by the department and must include a place for

the transferor to state:

(1) the vehicle identification number of the vehicle;

(2) the number of the license plate issued to the vehicle, if

any;

(3) the full name and address of the transferor;

(4) the full name and address of the transferee;

(5) the date the transferor delivered possession of the vehicle

to the transferee;

(6) the signature of the transferor; and

(7) the date the transferor signed the form.

(c) This subsection applies only if the department receives

notice under Subsection (a) before the 30th day after the date

the transferor delivered possession of the vehicle to the

transferee. After the date of the transfer of the vehicle shown

on the records of the department, the transferee 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:

(1) rules to implement this section; and

(2) a fee for filing a notice of transfer under this section in

an amount not to exceed the lesser of the actual cost to the

department of implementing this section or $5.

(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) This section does not require the department to issue a

certificate of title to a person shown on a notice of transfer as

the transferee of a motor vehicle. The department may not issue a

certificate of title for the vehicle until the transferee applies

to the county assessor-collector as provided by Chapter 501.

(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 certificate of 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.71(a), eff.

Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 1, eff. January 1, 2008.

Acts 2009, 81st Leg., R.S., Ch.

542, Sec. 2, eff. September 1, 2009.

SUBCHAPTER D. TRANSFER OF TITLE AND REGISTRATION OF USED VEHICLE

Sec. 520.031. FILING BY TRANSFEREE; APPLICATION FOR TRANSFER OF

TITLE AND REGISTRATION.

Text of subsec. (a) as amended by Acts 1999, 76th Leg., ch. 836,

Sec. 3

(a) Not later than the 20th working day after the date of

receiving the documents under Section 520.022 or 520.0225, the

transferee of the used motor vehicle shall file with the county

assessor-collector:

(1) the license receipt and the certificate of title or other

evidence of title; or

(2) if appropriate, a document described by Section

520.0225(b)(1) or (2) and the certificate of title or other

evidence of title.

Text of subsec. (a) as amended by Acts 1999, 76th Leg., ch. 1423,

Sec. 6

(a) Not later than the 20th working day after the date of

receiving the documents under Section 520.022, the transferee of

the used motor vehicle shall file with the county

assessor-collector each document received under that section.

(b) The filing under Subsection (a) is an application for

transfer of title as required under Chapter 501 and, if the

license receipt is filed, an application for transfer of the

registration of the motor vehicle.

(c) In this section, "working day" means any day other than a

Saturday, a Sunday, or a holiday on which county offices are

closed.

(d) Notwithstanding Subsection (a), if the transferee 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 working day after the date of their

receipt by the transferee.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 836, Sec. 3, eff. Sept. 1,

1999; Acts 1999, 76th Leg., ch. 1423, Sec. 6, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 2, eff. January 1, 2008.

Sec. 520.032. TRANSFER FEE; LATE FEE. (a) The transferee of a

used motor vehicle shall pay, in addition to any fee required

under Chapter 501 for the transfer of title, a transfer fee of

$2.50 for the transfer of the registration of the motor vehicle.

(b) If the transferee does not file the application during the

period provided by Section 520.031, the transferee is liable for

a late fee to be paid to the county assessor-collector when the

application is filed. If the transferee holds a general

distinguishing number issued under Chapter 503 of this code or

Chapter 2301, Occupations Code, the amount of the late fee is

$10. If the transferee does not hold a general distinguishing

number, subject to Subsection (b-1) the amount of the late fee is

$25.

(b-1) If the application is filed after the 31st working day

after the date the transferee received the documents under

Section 520.022, the late fee imposed under Subsection (b)

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) The county assessor-collector and the surety on the county

assessor-collector's bond are liable for the late fee if the

county assessor-collector does not collect the late fee.

(d) Subsections (b) and (b-1) 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 3, eff. January 1, 2008.

Sec. 520.033. ALLOCATION OF FEES. (a) The county

assessor-collector may retain as commission for services provided

under this subchapter half of each transfer fee collected, half

of each late fee, and half of each additional penalty collected

under Section 520.032.

(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 registration fees are required to be reported and

remitted.

(c) Of each late fee collected from a person who does not hold a

general distinguishing number that the department receives 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 4, eff. January 1, 2008.

Sec. 520.034. PROCESSING OF APPLICATION; RULES. (a) On receipt

of an application for the transfer of a certificate of title and

registration, the county assessor-collector shall process the

application for transfer of title as provided under Chapter 501,

and the department shall issue a transfer of registration receipt

when the department receives the application for transfer of

registration.

(b) The department may adopt rules and prescribe forms to

implement this subchapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.035. EXECUTION OF TRANSFER DOCUMENTS; PENALTY. (a) A

person who transfers a motor vehicle in this state shall execute

in full and date as of the date of the transfer all documents

relating to the transfer of registration or certificate of title.

A person who transfers a vehicle commits an offense if the person

fails to execute the documents 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.036. GENERAL PENALTY. (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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER E. MOTOR VEHICLE TITLE SERVICES

Sec. 520.051. DEFINITIONS. In this subchapter:

(1) "Motor vehicle" has the meaning assigned by Section 501.002.

(2) "Motor vehicle title service" means any person that for

compensation directly or indirectly assists other persons in

obtaining title documents by submitting, transmitting, or sending

applications for title documents to the appropriate government

agencies.

(3) "Title documents" means motor vehicle title applications,

motor vehicle registration renewal applications, motor vehicle

mechanic's lien title applications, motor vehicle storage lien

title applications, motor vehicle temporary registration permits,

motor vehicle title application transfers occasioned by the death

of the title holder, or notifications under Chapter 683 of this

code or Chapter 70, Property Code.

(4) "Title service license holder" means a person who holds a

motor vehicle title service license or a title service runner's

license.

(5) "Title service record" means the written record for each

transaction in which a motor vehicle title service receives

compensation.

(6) "Title service runner" means any person employed by a

licensed motor vehicle title service to submit or present title

documents to the county tax assessor-collector.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.052. APPLICABILITY. This subchapter applies to any

motor vehicle title service operating in a county:

(1) that has a population of more than 500,000; or

(2) in which the commissioners court by order has adopted this

subchapter.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 448, Sec. 1, eff.

Sept. 1, 2003.

Sec. 520.053. LICENSE REQUIRED. A person may not act as a motor

vehicle title service or act as an agent for that business unless

that person holds a license issued under this subchapter.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.054. GENERAL LICENSE APPLICATION REQUIREMENTS. (a) An

applicant for a motor vehicle title service license must apply on

a form prescribed by the county tax assessor-collector. The

application form must be signed by the applicant and accompanied

by the application fee.

(b) An application must include:

(1) the applicant's name, business address, and business

telephone number;

(2) the name under which the applicant will do business;

(3) the physical address of each office from which the applicant

will conduct business;

(4) a statement indicating whether the applicant has previously

applied for a license under this subchapter, the result of the

previous application, and whether the applicant has ever been the

holder of a license under this subchapter that was revoked or

suspended;

(5) information from the applicant as required by the county tax

assessor-collector to establish the business reputation and

character of the applicant;

(6) the applicant's federal tax identification number;

(7) the applicant's state sales tax number; and

(8) any other information required by rules adopted under this

subchapter.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.055. APPLICATION REQUIREMENTS: CORPORATION. In

addition to the information required in Section 520.054, an

applicant for a motor vehicle title service license that intends

to engage in business as a corporation shall submit the following

information:

(1) the state of incorporation;

(2) the name, address, date of birth, and social security number

of each of the principal owners and directors of the corporation;

(3) information about each officer and director as required by

the county tax assessor-collector to establish the business

reputation and character of the applicant; and

(4) a statement indicating whether an employee, officer, or

director has been refused a motor vehicle title service license

or a title service runner's license or has been the holder of a

license that was revoked or suspended.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.056. APPLICATION REQUIREMENTS: PARTNERSHIP. In

addition to the information required in Section 520.054, a motor

vehicle title service license applicant that intends to engage in

business as a partnership shall submit an application that

includes the following information:

(1) the name, address, date of birth, and social security number

of each partner;

(2) information about each partner as required by the county tax

assessor-collector to establish the business reputation and

character of the applicant; and

(3) a statement indicating whether a partner or employee has

been refused a motor vehicle title service license or a title

service runner's license or has been the holder of a license that

was revoked or suspended.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.057. RECORDS. (a) A holder of a motor vehicle title

service license shall maintain records as required by this

section on a form prescribed and made available by the county tax

assessor-collector for each transaction in which the license

holder receives compensation. The records shall include:

(1) the date of the transaction;

(2) the name, age, address, sex, driver's license number, and a

legible photocopy of the driver's license for each customer; and

(3) the license plate number, vehicle identification number, and

a legible photocopy of proof of financial responsibility for the

motor vehicle involved.

(b) A motor vehicle title service shall keep:

(1) two copies of all records required under this section for at

least two years after the date of the transaction;

(2) legible photocopies of any documents submitted by a

customer; and

(3) legible photocopies of any documents submitted to the county

tax assessor-collector.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.058. INSPECTION OF RECORDS. A motor vehicle title

service license holder or any of its employees shall allow an

inspection of records required under Section 520.057 by a peace

officer on the premises of the motor vehicle title service at any

reasonable time to verify, check, or audit the records.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.059. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. (a)

The county tax assessor-collector may deny, suspend, revoke, or

reinstate a license issued under this subchapter.

(b) The county tax assessor-collector shall adopt rules that

establish grounds for the denial, suspension, revocation, or

reinstatement of a license and rules that establish procedures

for disciplinary action. Procedures issued under this subchapter

are subject to Chapter 2001, Government Code.

(c) A person whose license is revoked may not apply for a new

license before the first anniversary of the date of the

revocation.

(d) A license may not be issued under a fictitious name that is

similar to or may be confused with the name of a governmental

entity or that is deceptive or misleading to the public.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.060. LICENSE RENEWAL. (a) A license issued under this

subchapter expires on the first anniversary of the date of

issuance and may be renewed annually on or before the expiration

date on payment of the required renewal fee.

(b) A person who is otherwise eligible to renew a license may

renew an unexpired license by paying to the county tax

assessor-collector before the expiration date of the license the

required renewal fee. A person whose license has expired may not

engage in activities that require a license until the license has

been renewed under this section.

(c) If a person's license has been expired for 90 days or less,

the person may renew the license by paying to the county tax

assessor-collector 1-1/2 times the required renewal fee.

(d) If a person's license has been expired for longer than 90

days but less than one year, the person may renew the license by

paying to the county tax assessor-collector two times the

required renewal fee.

(e) If a person's license has been expired for one year or

longer, the person may not renew the license. The person may

obtain a new license by complying with the requirements and

procedures for obtaining an original license.

(f) Notwithstanding Subsection (e), if a person was licensed in

this state, moved to another state, and has been doing business

in the other state for the two years preceding application, the

person may renew an expired license. The person must pay to the

county tax assessor-collector a fee that is equal to two times

the required renewal fee for the license.

(g) Before the 30th day preceding the date on which a person's

license expires, the county tax assessor-collector shall notify

the person of the impending expiration. The notice must be in

writing and sent to the person's last known address according to

the records of the county tax assessor-collector.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.061. CRIMINAL PENALTY. (a) A person commits an

offense if the person violates this subchapter or a rule adopted

by the county tax assessor-collector under this subchapter.

(b) An offense under this section is a Class A misdemeanor.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.062. INJUNCTION. (a) A district attorney of the

county in which the motor vehicle title service is located may

bring an action to enjoin the operation of a motor vehicle title

service if the motor vehicle title service license holder or a

runner of the motor vehicle title service while in the scope of

the runner's employment is convicted of more than one offense

under this subchapter.

(b) If the court grants relief under Subsection (a), the court

may:

(1) enjoin the person from maintaining or participating in the

business of a motor vehicle title service for a period of time as

determined by the court; or

(2) declare the place where the person's business is located to

be closed for any use relating to the business of the motor

vehicle title service for as long as the person is enjoined from

participating in that business.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.063. EXEMPTIONS. The following persons and their

agents are exempt from the licensing and other requirements

established by this subchapter:

(1) a franchised motor vehicle dealer or independent motor

vehicle dealer who holds a general distinguishing number issued

by the department under Chapter 503;

(2) a vehicle lessor holding a license issued by the Motor

Vehicle Board under Chapter 2301, Occupations Code, or a trust or

other entity that is specifically not required to obtain a lessor

license under Section 2301.254(a) of that code; and

(3) a vehicle lease facilitator holding a license issued by the

Motor Vehicle Board under Chapter 2301, Occupations Code.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.832,

eff. Sept. 1, 2003.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Transportation-code > Title-7-vehicles-and-traffic > Chapter-520-miscellaneous-provisions

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE A. CERTIFICATES OF TITLE AND REGISTRATION OF VEHICLES

CHAPTER 520. MISCELLANEOUS PROVISIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 520.001. DEFINITION. In this chapter, "department" means

the Texas Department of Motor Vehicles.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 2H.01, eff. September 1, 2009.

Sec. 520.002. LEASE OF ADDITIONAL COMPUTER EQUIPMENT. (a) This

section applies only to the lease of equipment to a county for

the operation of the automated registration and title system in

addition to the equipment provided by the department at no cost

to the county under a formula prescribed by the department.

(b) On the request of the tax assessor-collector of a county,

the department may enter into an agreement with the commissioners

court of that county under which the department leases additional

equipment to the county for the use of the tax assessor-collector

in operating the automated registration and title system in that

county.

(c) A county may install equipment leased under this section at

offices of the county or of an agent of the county.

(d) Equipment leased under this section:

(1) remains the property of the department; and

(2) must be used primarily for the automated registration and

title system.

(e) Under the agreement, the department shall charge the county

an amount not less than the amount of the cost to the department

to provide the additional equipment and any related services

under the lease. All money collected under the lease shall be

deposited to the credit of the state highway fund.

Added by Acts 1999, 76th Leg., ch. 876, Sec. 1, eff. June 18,

1999.

SUBCHAPTER B. MOTOR NUMBER RECORD REQUIREMENTS

Sec. 520.011. MOTOR NUMBER REQUIRED FOR VEHICLE REGISTRATION;

PENALTY. (a) A person may not apply to the county

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.

(b) A person commits an offense if the person violates this

section. An offense under this subsection is a misdemeanor

punishable by a fine of not less than $50 and not more than $100.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.012. APPLICATION FOR MOTOR NUMBER RECORD; RECORD;

PENALTY. (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 separate register for

recording each motor number assigned by the department. For each

motor number assigned by the department, the record must

indicate:

(1) the motor number assigned by the department;

(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.

(c) A person who fails to comply with this section commits an

offense. An offense under this subsection is a misdemeanor

punishable by a fine of not less than $10 and not more than $100.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.013. PRESENTATION OF MOTOR NUMBER RECEIPT REQUIRED;

PENALTY. (a) A person who receives a motor number from the

department shall present the receipt received from the department

for the assignment of the motor number to the county

assessor-collector when the person applies for the registration

of the motor vehicle.

(b) A person commits an offense if the person violates this

section. An offense under this subsection is a misdemeanor

punishable by a fine of not less than $10 and not more than $50.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.014. VIOLATION BY COUNTY ASSESSOR-COLLECTOR; PENALTY.

(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 removed, erased, or

destroyed; and

(2) does not bear a motor 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. GENERAL REQUIREMENTS RELATING TO TRANSFERS OF USED

MOTOR VEHICLES

Sec. 520.022. DELIVERY OF RECEIPT AND TITLE TO TRANSFEREE;

PENALTY. (a) A person, whether acting for that person or

another, who sells, trades, or otherwise transfers a used motor

vehicle shall deliver to the transferee at the time of delivery

of the vehicle:

(1) the license receipt issued by the department for

registration of the vehicle, if the vehicle was required to be

registered at the time of the delivery; and

(2) a properly assigned certificate of title or other evidence

of title as required under Chapter 501.

(b) A person commits an offense if the person violates this

section. An offense under this subsection is a misdemeanor

punishable by a fine not to exceed $200.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1423, Sec. 5, eff. Sept. 1,

1999.

Sec. 520.0225. PERSONS ON ACTIVE DUTY IN ARMED FORCES OF UNITED

STATES. (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 in Section 520.021 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 520.022, 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.

Added by Acts 1999, 76th Leg., ch. 836, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.023. POWERS AND DUTIES OF DEPARTMENT ON TRANSFER OF

USED VEHICLE. (a) On receipt of a written notice of transfer

from the transferor 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 transferor 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 transferor or include the date of signing.

(b) The department may design the written notice of transfer to

be part of the certificate of title for the vehicle. The form

shall be provided by the department and must include a place for

the transferor to state:

(1) the vehicle identification number of the vehicle;

(2) the number of the license plate issued to the vehicle, if

any;

(3) the full name and address of the transferor;

(4) the full name and address of the transferee;

(5) the date the transferor delivered possession of the vehicle

to the transferee;

(6) the signature of the transferor; and

(7) the date the transferor signed the form.

(c) This subsection applies only if the department receives

notice under Subsection (a) before the 30th day after the date

the transferor delivered possession of the vehicle to the

transferee. After the date of the transfer of the vehicle shown

on the records of the department, the transferee 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:

(1) rules to implement this section; and

(2) a fee for filing a notice of transfer under this section in

an amount not to exceed the lesser of the actual cost to the

department of implementing this section or $5.

(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) This section does not require the department to issue a

certificate of title to a person shown on a notice of transfer as

the transferee of a motor vehicle. The department may not issue a

certificate of title for the vehicle until the transferee applies

to the county assessor-collector as provided by Chapter 501.

(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 certificate of 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.71(a), eff.

Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 1, eff. January 1, 2008.

Acts 2009, 81st Leg., R.S., Ch.

542, Sec. 2, eff. September 1, 2009.

SUBCHAPTER D. TRANSFER OF TITLE AND REGISTRATION OF USED VEHICLE

Sec. 520.031. FILING BY TRANSFEREE; APPLICATION FOR TRANSFER OF

TITLE AND REGISTRATION.

Text of subsec. (a) as amended by Acts 1999, 76th Leg., ch. 836,

Sec. 3

(a) Not later than the 20th working day after the date of

receiving the documents under Section 520.022 or 520.0225, the

transferee of the used motor vehicle shall file with the county

assessor-collector:

(1) the license receipt and the certificate of title or other

evidence of title; or

(2) if appropriate, a document described by Section

520.0225(b)(1) or (2) and the certificate of title or other

evidence of title.

Text of subsec. (a) as amended by Acts 1999, 76th Leg., ch. 1423,

Sec. 6

(a) Not later than the 20th working day after the date of

receiving the documents under Section 520.022, the transferee of

the used motor vehicle shall file with the county

assessor-collector each document received under that section.

(b) The filing under Subsection (a) is an application for

transfer of title as required under Chapter 501 and, if the

license receipt is filed, an application for transfer of the

registration of the motor vehicle.

(c) In this section, "working day" means any day other than a

Saturday, a Sunday, or a holiday on which county offices are

closed.

(d) Notwithstanding Subsection (a), if the transferee 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 working day after the date of their

receipt by the transferee.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 836, Sec. 3, eff. Sept. 1,

1999; Acts 1999, 76th Leg., ch. 1423, Sec. 6, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 2, eff. January 1, 2008.

Sec. 520.032. TRANSFER FEE; LATE FEE. (a) The transferee of a

used motor vehicle shall pay, in addition to any fee required

under Chapter 501 for the transfer of title, a transfer fee of

$2.50 for the transfer of the registration of the motor vehicle.

(b) If the transferee does not file the application during the

period provided by Section 520.031, the transferee is liable for

a late fee to be paid to the county assessor-collector when the

application is filed. If the transferee holds a general

distinguishing number issued under Chapter 503 of this code or

Chapter 2301, Occupations Code, the amount of the late fee is

$10. If the transferee does not hold a general distinguishing

number, subject to Subsection (b-1) the amount of the late fee is

$25.

(b-1) If the application is filed after the 31st working day

after the date the transferee received the documents under

Section 520.022, the late fee imposed under Subsection (b)

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) The county assessor-collector and the surety on the county

assessor-collector's bond are liable for the late fee if the

county assessor-collector does not collect the late fee.

(d) Subsections (b) and (b-1) 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 3, eff. January 1, 2008.

Sec. 520.033. ALLOCATION OF FEES. (a) The county

assessor-collector may retain as commission for services provided

under this subchapter half of each transfer fee collected, half

of each late fee, and half of each additional penalty collected

under Section 520.032.

(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 registration fees are required to be reported and

remitted.

(c) Of each late fee collected from a person who does not hold a

general distinguishing number that the department receives 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

75, Sec. 4, eff. January 1, 2008.

Sec. 520.034. PROCESSING OF APPLICATION; RULES. (a) On receipt

of an application for the transfer of a certificate of title and

registration, the county assessor-collector shall process the

application for transfer of title as provided under Chapter 501,

and the department shall issue a transfer of registration receipt

when the department receives the application for transfer of

registration.

(b) The department may adopt rules and prescribe forms to

implement this subchapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.035. EXECUTION OF TRANSFER DOCUMENTS; PENALTY. (a) A

person who transfers a motor vehicle in this state shall execute

in full and date as of the date of the transfer all documents

relating to the transfer of registration or certificate of title.

A person who transfers a vehicle commits an offense if the person

fails to execute the documents 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 520.036. GENERAL PENALTY. (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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER E. MOTOR VEHICLE TITLE SERVICES

Sec. 520.051. DEFINITIONS. In this subchapter:

(1) "Motor vehicle" has the meaning assigned by Section 501.002.

(2) "Motor vehicle title service" means any person that for

compensation directly or indirectly assists other persons in

obtaining title documents by submitting, transmitting, or sending

applications for title documents to the appropriate government

agencies.

(3) "Title documents" means motor vehicle title applications,

motor vehicle registration renewal applications, motor vehicle

mechanic's lien title applications, motor vehicle storage lien

title applications, motor vehicle temporary registration permits,

motor vehicle title application transfers occasioned by the death

of the title holder, or notifications under Chapter 683 of this

code or Chapter 70, Property Code.

(4) "Title service license holder" means a person who holds a

motor vehicle title service license or a title service runner's

license.

(5) "Title service record" means the written record for each

transaction in which a motor vehicle title service receives

compensation.

(6) "Title service runner" means any person employed by a

licensed motor vehicle title service to submit or present title

documents to the county tax assessor-collector.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.052. APPLICABILITY. This subchapter applies to any

motor vehicle title service operating in a county:

(1) that has a population of more than 500,000; or

(2) in which the commissioners court by order has adopted this

subchapter.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 448, Sec. 1, eff.

Sept. 1, 2003.

Sec. 520.053. LICENSE REQUIRED. A person may not act as a motor

vehicle title service or act as an agent for that business unless

that person holds a license issued under this subchapter.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.054. GENERAL LICENSE APPLICATION REQUIREMENTS. (a) An

applicant for a motor vehicle title service license must apply on

a form prescribed by the county tax assessor-collector. The

application form must be signed by the applicant and accompanied

by the application fee.

(b) An application must include:

(1) the applicant's name, business address, and business

telephone number;

(2) the name under which the applicant will do business;

(3) the physical address of each office from which the applicant

will conduct business;

(4) a statement indicating whether the applicant has previously

applied for a license under this subchapter, the result of the

previous application, and whether the applicant has ever been the

holder of a license under this subchapter that was revoked or

suspended;

(5) information from the applicant as required by the county tax

assessor-collector to establish the business reputation and

character of the applicant;

(6) the applicant's federal tax identification number;

(7) the applicant's state sales tax number; and

(8) any other information required by rules adopted under this

subchapter.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.055. APPLICATION REQUIREMENTS: CORPORATION. In

addition to the information required in Section 520.054, an

applicant for a motor vehicle title service license that intends

to engage in business as a corporation shall submit the following

information:

(1) the state of incorporation;

(2) the name, address, date of birth, and social security number

of each of the principal owners and directors of the corporation;

(3) information about each officer and director as required by

the county tax assessor-collector to establish the business

reputation and character of the applicant; and

(4) a statement indicating whether an employee, officer, or

director has been refused a motor vehicle title service license

or a title service runner's license or has been the holder of a

license that was revoked or suspended.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.056. APPLICATION REQUIREMENTS: PARTNERSHIP. In

addition to the information required in Section 520.054, a motor

vehicle title service license applicant that intends to engage in

business as a partnership shall submit an application that

includes the following information:

(1) the name, address, date of birth, and social security number

of each partner;

(2) information about each partner as required by the county tax

assessor-collector to establish the business reputation and

character of the applicant; and

(3) a statement indicating whether a partner or employee has

been refused a motor vehicle title service license or a title

service runner's license or has been the holder of a license that

was revoked or suspended.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.057. RECORDS. (a) A holder of a motor vehicle title

service license shall maintain records as required by this

section on a form prescribed and made available by the county tax

assessor-collector for each transaction in which the license

holder receives compensation. The records shall include:

(1) the date of the transaction;

(2) the name, age, address, sex, driver's license number, and a

legible photocopy of the driver's license for each customer; and

(3) the license plate number, vehicle identification number, and

a legible photocopy of proof of financial responsibility for the

motor vehicle involved.

(b) A motor vehicle title service shall keep:

(1) two copies of all records required under this section for at

least two years after the date of the transaction;

(2) legible photocopies of any documents submitted by a

customer; and

(3) legible photocopies of any documents submitted to the county

tax assessor-collector.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.058. INSPECTION OF RECORDS. A motor vehicle title

service license holder or any of its employees shall allow an

inspection of records required under Section 520.057 by a peace

officer on the premises of the motor vehicle title service at any

reasonable time to verify, check, or audit the records.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.059. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE. (a)

The county tax assessor-collector may deny, suspend, revoke, or

reinstate a license issued under this subchapter.

(b) The county tax assessor-collector shall adopt rules that

establish grounds for the denial, suspension, revocation, or

reinstatement of a license and rules that establish procedures

for disciplinary action. Procedures issued under this subchapter

are subject to Chapter 2001, Government Code.

(c) A person whose license is revoked may not apply for a new

license before the first anniversary of the date of the

revocation.

(d) A license may not be issued under a fictitious name that is

similar to or may be confused with the name of a governmental

entity or that is deceptive or misleading to the public.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.060. LICENSE RENEWAL. (a) A license issued under this

subchapter expires on the first anniversary of the date of

issuance and may be renewed annually on or before the expiration

date on payment of the required renewal fee.

(b) A person who is otherwise eligible to renew a license may

renew an unexpired license by paying to the county tax

assessor-collector before the expiration date of the license the

required renewal fee. A person whose license has expired may not

engage in activities that require a license until the license has

been renewed under this section.

(c) If a person's license has been expired for 90 days or less,

the person may renew the license by paying to the county tax

assessor-collector 1-1/2 times the required renewal fee.

(d) If a person's license has been expired for longer than 90

days but less than one year, the person may renew the license by

paying to the county tax assessor-collector two times the

required renewal fee.

(e) If a person's license has been expired for one year or

longer, the person may not renew the license. The person may

obtain a new license by complying with the requirements and

procedures for obtaining an original license.

(f) Notwithstanding Subsection (e), if a person was licensed in

this state, moved to another state, and has been doing business

in the other state for the two years preceding application, the

person may renew an expired license. The person must pay to the

county tax assessor-collector a fee that is equal to two times

the required renewal fee for the license.

(g) Before the 30th day preceding the date on which a person's

license expires, the county tax assessor-collector shall notify

the person of the impending expiration. The notice must be in

writing and sent to the person's last known address according to

the records of the county tax assessor-collector.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.061. CRIMINAL PENALTY. (a) A person commits an

offense if the person violates this subchapter or a rule adopted

by the county tax assessor-collector under this subchapter.

(b) An offense under this section is a Class A misdemeanor.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.062. INJUNCTION. (a) A district attorney of the

county in which the motor vehicle title service is located may

bring an action to enjoin the operation of a motor vehicle title

service if the motor vehicle title service license holder or a

runner of the motor vehicle title service while in the scope of

the runner's employment is convicted of more than one offense

under this subchapter.

(b) If the court grants relief under Subsection (a), the court

may:

(1) enjoin the person from maintaining or participating in the

business of a motor vehicle title service for a period of time as

determined by the court; or

(2) declare the place where the person's business is located to

be closed for any use relating to the business of the motor

vehicle title service for as long as the person is enjoined from

participating in that business.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999.

Sec. 520.063. EXEMPTIONS. The following persons and their

agents are exempt from the licensing and other requirements

established by this subchapter:

(1) a franchised motor vehicle dealer or independent motor

vehicle dealer who holds a general distinguishing number issued

by the department under Chapter 503;

(2) a vehicle lessor holding a license issued by the Motor

Vehicle Board under Chapter 2301, Occupations Code, or a trust or

other entity that is specifically not required to obtain a lessor

license under Section 2301.254(a) of that code; and

(3) a vehicle lease facilitator holding a license issued by the

Motor Vehicle Board under Chapter 2301, Occupations Code.

Added by Acts 1999, 76th Leg., ch. 1478, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.832,

eff. Sept. 1, 2003.