2005 Texas Transportation Code CHAPTER 520. MISCELLANEOUS PROVISIONS

TRANSPORTATION CODE

CHAPTER 520. MISCELLANEOUS PROVISIONS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 520.001. DEFINITION.  In this chapter, "department" 
means the Texas Department of Transportation.

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


	§ 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, § 1, eff. June 18, 1999.           

SUBCHAPTER B. MOTOR NUMBER RECORD REQUIREMENTS


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER C. GENERAL REQUIREMENTS RELATING TO TRANSFERS OF USED 
MOTOR VEHICLES


	§ 520.021. CURRENT REGISTRATION REQUIRED.  A person, 
whether acting for that person or another, may not sell, trade, or 
otherwise transfer a used vehicle required to be registered under 
the law of this state unless at the time of delivery the vehicle is 
registered in this state.

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


	§ 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, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1999, 76th Leg., ch. 1423, § 5, eff. Sept. 1, 1999.


	§ 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, § 2, eff. Sept. 1, 1999.           


	§ 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.
	(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)  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.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.71(a), eff. Sept. 1, 1997.

SUBCHAPTER D. TRANSFER OF TITLE AND REGISTRATION OF USED VEHICLE


	§ 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, 
§ 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, 
§ 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.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1999, 76th Leg., ch. 836, § 3, eff. Sept. 1, 1999;  Acts 
1999, 76th Leg., ch. 1423, § 6, eff. Sept. 1, 1999.


	§ 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 $10 late fee to be paid to the county assessor-collector when 
the application is 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.

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


	§ 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 and half 
of each late fee 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.

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


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.                    


	§ 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, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER E. MOTOR VEHICLE TITLE SERVICES


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. Sept. 1, 1999.  
Amended by Acts 2003, 78th Leg., ch. 448, § 1, eff. Sept. 1, 
2003.


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. Sept. 1, 1999.          


	§ 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, § 2, eff. Sept. 1, 1999.  
Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.832, eff. Sept. 
1, 2003.