Texas Register, Volume 37, Number 34, Pages 6391-6818, August 24, 2012 Page: 6,696
6391-6818 p. ; 28 cm.View a full description of this periodical.
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(C) If the motor vehicle is 25 years or older, an appraisal
less than $4,000 will not be accepted.
(3) Administrative Fee. The applicant must pay the depart-
ment a $15 administrative fee in addition to any other required fees.
(4) Out-of-state vehicles. If the applicant is a Texas resi-
dent, but the evidence indicates that the vehicle is an out-of-state ve-
hicle, the vehicle identification number must be verified by a Texas
licensed Safety Inspection Station, a law enforcement officer, or a de-
partment Regional Service Center on a form prescribed by the depart-
ment.
(5) Issuance. On the filing of the bond, the department may
issue a title.
(h) Rescission, cancellation or revocation by affidavit.
(1) The department may rescind, cancel, or revoke an ap-
plication for a title if a notarized affidavit is completed and presented
to the department within 21 days of initial sale containing:
(A) a statement that the vehicle involved was a new mo-
tor vehicle in the process of a first sale;
(B) a statement that the dealer, the applicant, and any
lienholder have canceled the sale;
(C) a statement that the vehicle was:
(i) never in possession of the title applicant; or
(ii) in the possession of the title applicant;
(D) the signatures of the dealer, the applicant, and any
lienholder as principal to the document; and
(E) an odometer disclosure statement executed by the
purchaser of the motor vehicle and acknowledged by the dealer if a
statement is made pursuant to subparagraph (C)(ii) of this paragraph to
be used for the purpose of determining usage subsequent to sale.
(2) A rescission, cancellation, or revocation containing the
statement authorized under paragraph (1)(C)(ii) of this subsection does
not negate the fact that the vehicle has been subject to a previous retail
sale.
(i) Discharge of lien. A lienholder shall provide the owner,
or the owner's designee, a discharge of the lien after receipt of the final
payment within the time limits specified in Transportation Code, Chap-
ter 501. The lienholder shall submit one of the following documents:
(1) the title including an authorized signature in the space
reserved for release of lien;
(2) a release of lien form prescribed by the department,
with the form filled out to include the:
(A) title or document number, or a description of the
motor vehicle including, but not limited to, the motor vehicle's:
(i) year;
(ii) make;
(iii) vehicle identification number; and
(iv) license plate number, ifthe motor vehicle is sub-
ject to registration under Transportation Code, Chapter 502;
(B) printed name of lienholder;
(C) signature oflienholder or an authorized agent;
(D) printed name of the authorized agent if the agent's
signature is shown;(E) telephone number of lienholder; and
(F) date signed by the lienholder;
(3) signed and dated correspondence submitted on com-
pany letterhead that includes:
(A) a statement that the lien has been paid;
(B) a description of the vehicle as indicated in para-
graph (2)(A) of this subsection;
(C) a title or document number; or
(D) lien information;
(4) any out-of-state prescribed release of lien form, includ-
ing an executed release on a lien entry form;
(5) out-of-state evidence with the word "Paid" or "Lien Sat-
isfied" stamped or written in longhand on the face, followed by the
name of the lienholder, countersigned or initialed by an agent, and
dated; or
(6) original security agreements or copies of the original
security agreements if the originals or copies are stamped "Paid" or
"Lien Satisfied" with a company paid stamp or if they contain a state-
ment in longhand that the lien has been paid followed by the company's
name.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on August 13, 2012.
TRD-201204251
Jennifer Soldano
Associate General Counsel
Texas Department of Motor Vehicles
Effective date: September 2, 2012
Proposal publication date: June 29, 2012
For further information, please call: (512) 467-3853
SUBCHAPTER B. MOTOR VEHICLE
REGISTRATION
43 TAC 217.22
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code,
1002.001, which provides the Board of the Texas Department
of Motor Vehicles with the authority to establish rules for the
conduct of the work of the department, and Transportation
Code, 501.0041, 502.0021, 504.0011, and 520.003 which
provide the Board of the Texas Department of Motor Vehicles
with the authority to establish rules for each respective chapter
of the Transportation Code; more specifically, Transportation
Code, 502.043(a), which authorizes the department to require
an application be made in the manner prescribed and include
the information required by the department by rule and contain
a full description of the vehicle as required by department rule;
and Transportation Code, 502.002(b) and 502.043(d), which
authorize the department to require an applicant for registration
to provide current personal identification as determined by
department rule.
CROSS REFERENCE TO STATUTEADOPTED RULES August 24, 2012 37 TexReg 6695
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Texas. Secretary of State. Texas Register, Volume 37, Number 34, Pages 6391-6818, August 24, 2012, periodical, August 24, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth253226/m1/304/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.