Texas Register, Volume 38, Number 28, Pages 4445-4554, July 12, 2013 Page: 4,504
4445-4554 p. ; 28 cm.View a full description of this periodical.
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Sharon Felfe Howell
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: August 11, 2013
For further information, please call: (512) 463-9693
TITLE 43. TRANSPORTATION
PART 12. EL PASO COUNTY TAX
ASSES S OR-COLLECTOR
CHAPTER 325. REGULATION OF MOTOR
VEHICLE TITLE SERVICES
43 TAC 325.1
The El Paso County Tax Assessor-Collector's Office proposes
new 43 TAC 325.1, concerning the regulation of motor vehi-
cle title services. The Tax Assessor-Collector has linked these
services to document fraud and vehicle theft. Texas Transporta-
tion Code, Chapter 520, Subchapter E regulates motor vehicle
title services in counties with a population of more than 500,000.
Subchapter E requires motor vehicle title services in these coun-
ties to be registered, licensed, and required to maintain records
for inspection.
Victor Flores, El Paso County Tax Assessor-Collector, has de-
termined that for the first five-year period this section is in effect,
there will be no fiscal impact for state or local government. The
county will keep all revenues from licensing fees to offset spend-
ing.
Mr. Flores has also determined that for each year of the first
five years the rule is in effect the public benefit anticipated as a
result of enforcement of the rule will be to reduce vehicle theft
and related document fraud.
The El Paso County Tax Assessor-Collector has received motor
vehicle title services records from approximately 50 to 60 dis-
tinct entities per year since 2008. Nearly all of these entities
are small businesses, many of which are micro-businesses. The
economic costs for persons who are required to comply with this
section will be the license fee, which is due upon application and
is not refundable. Small businesses that comply with the section
may experience increased business opportunities because non-
compliant competitors will be sanctioned.
In preparing the proposed section, the El Paso County Tax-As-
sessor Collector considered processes which require less infor-
mation from applicants, informal tracking of records, and ran-
dom document confirmation. However, study and experience
lead to the conclusion that public welfare and safety would ben-
efit from clear, consistent, and published standards. The El Paso
County Tax Assessor-Collector also considered assessing lower
and higher license fees but concluded that the needs of a border
county like El Paso are different from the counties that set regu-
lations under 43 TAC 95.1 (Harris County) and 43 TAC 301.1
(Fort Bend County).
Comments on the proposed new section may be submitted to
Mr. Sergio H. Garcia, Enforcement Director, El Paso County
Tax Office, 4641 Cohen Avenue, Suite B, El Paso, Texas 79924.
The deadline for all comments is 30 days after publication in the
Texas RegisterThe El Paso County Tax Assessor-Collector proposes the new
section pursuant to Transportation Code, Chapter 520, Sub-
chapter E, which provides the county tax assessor-collector the
authority to adopt rules regarding motor vehicle title services.
This proposal does not affect any other statutes, articles, or
codes.
325.1. Motor Vehicle Title Service Licensing.
(a) Definitions.
(1) "Motor vehicle" has the meaning assigned by Texas
Transportation Code 501.002(14).
(2) "Motor vehicle title service" means any person or en-
tity that for compensation directly or indirectly assists other persons in
obtaining title documents by submitting, transmitting, or sending ap-
plications for title documents to the appropriate government agencies.
(3) "Title documents" means motor vehicle title applica-
tions, motor vehicle registration renewal applications, motor vehicle
mechanic's lien title applications, motor vehicle storage lien title appli-
cations, motor vehicle temporary registration permits, motor vehicle
title application transfers occasioned by the death of the title holder, or
notifications under Chapter 683, Texas Transportation Code or Chapter
70, Texas 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.
A title service license holder is legally responsible for each title service
runner it employs or contracts.
(5) "Title service record" means the written record for each
transaction in which a motor vehicle title service receives compensa-
tion.
(6) "Title service runner" means any person employed by a
licensed motor vehicle title service license holder to submit or present
title documents to the county tax assessor-collector.
(b) License Required.
(1) A person may not act as a motor vehicle title service or
act as an agent for that business (which includes a title service runner)
in El Paso County unless that person holds a license issued by the El
Paso County Tax Assessor-Collector.
(2) A person commits an offense if the person violates a
provision of Title 7, Subtitle A, Chapter 520, Subchapter C of the Texas
Transportation Code or a rule adopted by the El Paso County Tax As-
sessor-Collector under Subchapter E, 520.051 - 520.063 of the Texas
Transportation Code. Such an offense is a Class A misdemeanor.
(3) Any unlicensed individual observed conducting motor
vehicle transactions on behalf of others in El Paso County and who
claims to be doing so without compensation shall complete an affidavit
stating that the individual is not receiving compensation for the trans-
action. This affidavit shall be notarized and will be forwarded to the
Enforcement Division of the El Paso County Tax Assessor-Collector.
(c) License Fees.
(1) License fees must be remitted when the application is
submitted and are non-refundable. License fees are payable only by
certified bank check or money order unless the Tax Assessor-Collector
agrees, in writing, to accept cash.
(2) The fee for a motor vehicle title service license shall be
$200 for the initial application and $200 for each annual renewal.
(3) The fee for a title service runner license shall be $50 for
the initial application and $50 for each annual renewal.38 TexReg 4504 July 12, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 28, Pages 4445-4554, July 12, 2013, periodical, July 12, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326802/m1/60/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.