reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.252 - Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Depositions, interrogatories, and
				  requests for admission shall not be allowed.
(b) When possible, an in-person hearing will
				  be held in the city in which the complainant resides. A hearing may also be
				  conducted by telephone or videoconference.
(c) A hearing will be scheduled at the
				  earliest date possible, provided that a 10-day notice or other notice required
				  by law is given to all parties.
(d)
				  A hearing will be conducted expeditiously by a hearings examiner in accordance
				  with Government Code, Chapter 2001, subject to Occupations Code, Chapter 2301,
				  and this subchapter.
(e) If a party
				  fails to appear for the hearing, relief may be granted to the party that
				  appears.
(f) Absent a showing of
				  good cause, a complaint may be dismissed if the complainant repeatedly fails to
				  respond or communicate with the department.
(g) The complainant shall have the burden of
				  proof by a preponderance of the evidence.
(h) Hearings will be conducted informally. A
				  party has a right to be represented by an attorney at a hearing, although an
				  attorney is not required. A party who intends to be represented at a hearing by
				  an attorney or other authorized representative must notify the hearings
				  examiner and any other party in writing at least five business days prior to
				  the hearing. Failure to provide notice will result in postponement of the
				  hearing if requested by another party.
(i) Subject to a hearings examiner ruling, a
				  party may present that party's case in full, including testimony from witnesses
				  and documentary evidence such as repair orders, warranty documents, and the
				  motor vehicle sales contract.
(j)
				  With written approval of the hearings examiner, a hearing may be conducted by
				  written submission only or by telephone or videoconference.
(k) Upon notice to the parties, a hearings
				  examiner may conduct a hearing or prehearing conference by telephone or
				  videoconference.
(l) Except for a
				  hearing conducted by written submission, a party may be questioned by another
				  party at the discretion of the hearings examiner.
(m) Except for a hearing conducted by written
				  submission, telephone, or videoconference, the complainant may bring the motor
				  vehicle in question to the hearing so that the motor vehicle may be inspected
				  and test driven by Respondent.
(n)
				  Except for a hearing conducted by written submission, a hearing will be
				  recorded by the hearings examiner. A copy of the recording will be provided to
				  any party upon request and upon payment of the cost of the copy as provided by
				  statute or rules.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.254 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The TRE shall apply in all
				  contested cases, in accordance with Government Code, Chapter 2001.
(b) Documents in department files. The
				  hearings examiner may take official notice of documents or information in the
				  department's files, in accordance with Government Code, Chapter 2001.
(c) Exhibits. Exhibits shall be limited to
				  the relevant and material issues involved in a particular contested case. If an
				  offered exhibit has been excluded after objection and the party offering the
				  exhibit withdraws the offer, the hearings examiner shall return the exhibit. If
				  the excluded exhibit is not withdrawn, it shall be given an exhibit number for
				  identification and be included in the record only for the purpose of preserving
				  the exception together with the hearings examiner's ruling.
(d) Evidence may be stipulated by agreement
				  of allparties.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.256 - Objections and Exceptions

Current through Reg. 49, No. 28; July 12, 2024
A party is not required to make a formal exception to a
					 ruling of the hearings examiner.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.258 - Final Order Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearings
				  examiner has final order authority in a contested case filed under Occupations
				  Code, §
										2301.204 or
				  Occupations Code, Chapter 2301, Subchapter M.
(b) This authority includes a contested case
				  in which a case is resolved:
(1) by
				  settlement;
(2) by agreed
				  order;
(3) by withdrawal of the
				  complaint;
(4) by dismissal for
				  want of prosecution or continued failure to communicate with the
				  department;
(5) by dismissal for
				  want of jurisdiction;
(6) by
				  summary judgment or summary disposition;
(7) by a default judgment; or
(8) when a party waives the opportunity for a
				  contested case hearing.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.260 - Lemon Law Relief Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise
				  indicated, this section applies to decisions that relate to lemon law
				  complaints. Decisions shall give effect to the presumptions provided in
				  Occupations Code, §
										2301.605, where
				  applicable.
(1) If a hearings examiner finds
				  that the manufacturer, distributor, or converter is not able to conform the
				  motor vehicle to an applicable express warranty by repairing or correcting a
				  defect in the complainant's motor vehicle, creating a serious safety hazard or
				  substantially impairing the use or market value of the motor vehicle after a
				  reasonable number of attempts, and that the affirmative defenses provided under
				  Occupations Code, §
											2301.606 are not
				  applicable, the hearings examiner shall issue a final order to the
				  manufacturer, distributor, or converter to:
(A) replace the motor vehicle with a
				  comparable motor vehicle; or
(B)
				  accept the return of the motor vehicle from the owner and refund the full
				  purchase price of the motor vehicle to the owner, less a reasonable allowance
				  for the owner's use of the motor vehicle and any other allowances or refunds
				  payable to the owner.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.262 - Incidental Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) When a refund of
				  the purchase price or replacement of a motor vehicle is ordered, the
				  complainant shall be reimbursed for certain incidental costs incurred by the
				  complainant from loss of use of the motor vehicle because of the defect or
				  nonconformity which is the basis of the complaint. The costs must be reasonable
				  and verifiable. Reimbursable incidental costs include, but are not limited to
				  the following costs:
(1) alternate
				  transportation;
(2)
				  towing;
(3) telephone calls or mail
				  charges directly attributable to contacting the manufacturer, distributor,
				  converter, or dealer regarding the motor vehicle;
(4) meals and lodging necessitated by the
				  motor vehicle's failure during out-of-town trips;
(5) loss or damage to personal
				  property;
(6) attorney fees if the
				  complainant retains counsel after notification that the respondent is
				  represented by counsel; and
(7)
				  items or accessories added to the motor vehicle at or after purchase, less a
				  reasonable allowance for use.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.264 - Final Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) A hearings
				  examiner shall prepare a final order as soon as possible, but not later than 60
				  days after the hearing is closed, or as otherwise provided by law. The final
				  order shall include the hearings examiner's findings of fact and conclusions of
				  law. The final order shall be sent by the department to all parties by
				  certified mail.
(b) A party who
				  disagrees with the final order may file a motion for rehearing in accordance
				  with Government Code, Chapter 2001, subject to Occupations Code, Chapter 2301,
				  Subchapter O. A motion for rehearing of a final order must:
(1) be filed with the chief hearings
				  examiner;
(2) include the specific
				  reasons, exceptions, or grounds asserted by a party as the basis of the request
				  for a rehearing; and
(3) recite, if
				  applicable, the specific findings of fact, conclusions of law, or any other
				  portions of the final order to which the party objects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.266 - Compliance with Order Granting Relief

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Compliance with a final order will be monitored by the department.
(b) A complainant is not bound by a final
				  order.
(c) If a complainant does
				  not accept the final order, the proceeding before the hearings examiner will be
				  deemed concluded and the complaint file closed.
(d) If the complainant accepts the final
				  decision, then the manufacturer, distributor, or converter, and the dealer to
				  the extent of the dealer's responsibility, if any, shall immediately take such
				  action as is necessary to implement the final order.
(e) If a manufacturer, distributor, or
				  converter replaces or repurchases a motor vehicle pursuant to a final order,
				  then the manufacturer, distributor, or converter shall, prior to the resale of
				  such motor vehicle, retitle the vehicle in Texas and shall:
(1) issue a disclosure statement on a form
				  provided by or approved by the department; and
(2) affix a department-approved disclosure
				  label in a conspicuous location in or on the motor vehicle.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 224 - ADJUDICATIVE PRACTICE AND PROCEDURE › Subchapter G - LEMON LAW AND WARRANTY PERFORMANCE CLAIMS › Section 224.268 - Judicial Appeal of a Final Order

Current through Reg. 49, No. 28; July 12, 2024
(a) A party who
				  has exhausted all administrative remedies may appeal a final order in a Travis
				  County district court under Government Code, Chapter 2001, and subject to
				  Occupations Code, §
										2301.609.
(b) A party appealing a final order must
				  serve a copy of the petition for judicial review on the department and all
				  parties of record. After service of the petition and within the time allowed
				  for filing an answer, the department shall transmit to the reviewing court the
				  original or a certified copy of the entire record of the proceeding. If the
				  court orders that new evidence be presented to a hearings examiner, the
				  hearings examiner may modify the findings and decision or order by reason of
				  the new evidence and shall transmit the additional record to the
				  court.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 11 - FORT BEND COUNTY TAX ASSESSOR-COLLECTOR › Chapter 301 - REGULATION OF MOTOR VEHICLE TITLE SERVICES › Section 301.1 - Motor Vehicle Title Service Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Definitions.
(1) "Motor vehicle" has the
				meaning assigned by Texas Transportation Code §
										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, 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.
(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.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 12 - EL PASO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 325 - REGULATION OF MOTOR VEHICLE TITLE SERVICES › Section 325.1 - Motor Vehicle Title Service Licensing

Current through Reg. 49, No. 28; July 12, 2024
(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 entity 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, 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
				compensation.
(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.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) "Motor vehicle" has the meaning assigned
				by Texas Transportation Code §
									501.002(17).
(b) "Motor vehicle title service" means any
				person or entity 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.
(c) "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 the Texas Transportation Code or
				Chapter 70 of the Texas Property Code.
(d) "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.
(e) "Title service record" means the written
				record for each transaction in which a motor vehicle title service receives
				compensation.
(f) "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.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.2 - License Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				not act as a motor vehicle title service or act as an agent for such a business
				(which includes a title service runner) in Hidalgo County unless that person
				holds a license issued by the Hidalgo County Tax Assessor-Collector to conduct
				such transactions.
(b) 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 Hidalgo County Tax Assessor-Collector under Subchapter E,
				§§520.051 - 520.063 of the Texas Transportation Code. Such an offense
				is a Class A misdemeanor.
(c) Any
				unlicensed individual observed conducting motor vehicle transactions on behalf
				of others in Hidalgo County and who claims to be doing so without compensation
				shall complete an affidavit stating that the individual is not receiving
				compensation for the transaction. This affidavit shall be notarized and will be
				forwarded to the Fraud Investigations Department of the Hidalgo County Tax
				Assessor-Collector.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.3 - License Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) License fees
				must be remitted at the time a license application is submitted and are
				non-refundable. License fees are payable only by certified bank check or money
				order unless the Hidalgo County Tax Assessor-Collector agrees, in writing, to
				accept cash.
(b) The fee for a
				motor vehicle title service license shall be $500 for the initial application
				and $200 for each annual renewal.
(c) The fee for a title service runner
				license shall be $100 for the initial application and $100 for each annual
				renewal.
(d) The fee for
				replacement of a lost title service license or title runner license shall be
				$20 for the first occurrence; $20 for the second occurrence; and $20 for each
				occurrence thereafter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.4 - General License Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications for a title service license
				may be submitted Monday through Friday, from 9:00 a.m. to 4:00 p.m., at the
				Hidalgo County Tax Office located at 2804 S. US HWY 281, Edinburg, Texas 78539
				or online at the Hidalgo County Tax Assessor-Collector's website at:
http://www.hidalgocountytax.org
.
(b) An applicant for a motor vehicle title
				service license must complete all forms required by the Hidalgo County Tax
				Assessor-Collector. The applicant must sign the application form and pay the
				license fee. 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 (a P.O. Box will not be accepted) and a corresponding photo of each
				building where business is being conducted;
(4) a statement indicating whether the
				applicant has previously applied for a license under this section, the result
				of the previous application, and whether the applicant has ever been the holder
				of a license under this section that was revoked or suspended in any Texas
				county;
(5) the applicant's federal
				tax identification number;
(6) the
				applicant's state sales tax number; and
(7) the name of all individuals who have an
				ownership interest in the applicant motor vehicle title service
				company;
(8) if applicable, motor
				vehicle license information for each individual who has an ownership interest
				in the applicant's motor vehicle title service company.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.5 - Additional Application Requirements for Certain Businesses

Current through Reg. 49, No. 28; July 12, 2024
(a) Corporation. In addition to the
				information required above concerning General License Application Requirements,
				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 (if
				any);
(2) a "doing business as"
				(DBA) certificate or articles of incorporation;
(3) the name, address, date of birth, and
				social security number of each of the principal owners and directors of the
				corporation;
(4) information about
				each officer and director as requested by the Hidalgo County Tax
				Assessor-Collector to establish the business reputation and character of the
				applicant; and
(5) 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 in any Texas
				county.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.6 - Tax Assessor-Collector Transactions

Current through Reg. 49, No. 28; July 12, 2024
(a) All vehicle transactions for Hidalgo
				County will be processed at the Hidalgo County Tax Office, 2804 S. US HWY 281,
				Edinburg, Texas 78539; or any other location specified by the Tax
				Assessor-Collector in writing at:
http://www.hidalgocountytax.org
.
(b) Title service license holders and title
				service runners may conduct business at privately run, contracted offices. A
				list of these offices is available upon request.
(c) An Hidalgo County Tax Assessor-Collector
				title service transaction form must accompany all motor vehicle title service
				transactions. Title service providers may obtain a blank title service
				transaction form from the Hidalgo County Tax Assessor-Collector. The motor
				vehicle title service company is responsible for the accuracy and validity of
				the information for each vehicle listed. Only vehicles authorized and listed by
				the licensed motor vehicle title service will be processed.
(d) Motor vehicle title services and runners
				may only process the following documents: motor vehicle title applications;
				motor vehicle registration renewal applications; requests for replacement
				windshield stickers; and requests for new or replacement vehicle license
				plates. The Hidalgo County Tax Assessor-Collector will also accept applications
				for a motor vehicle mechanic's lien title, a motor vehicle storage lien title
				and a bond title from a motor vehicle title services or runners.
(e) After the final vehicle transaction on
				each transaction sheet is completed, a copy of the transaction sheet will
				remain on file at the office of the Hidalgo County Tax
				Assessor-Collector.
(f) A motor
				vehicle title service shall assume the responsibility for the accuracy and
				validity of all documents presented to the Hidalgo County Tax
				Assessor-Collector under its name.
(g) Title service runners must be identified
				and sponsored by a motor vehicle title service company in order to conduct
				business on the motor vehicle title service's behalf. The required documents
				for any runner must be on file with each service company for which the runner
				is an authorized agent. Individuals whose names are not on file with the
				Hidalgo County Tax Assessor-Collector as a title service runner acting on
				behalf of a motor vehicle title service will not be allowed to conduct business
				with the Hidalgo County Tax Assessor-Collector on behalf of that motor vehicle
				title service.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.7 - Record Keeping

Current through Reg. 49, No. 28; July 12, 2024
(a) A holder of a
				motor vehicle title service license shall maintain records as required by Texas
				law 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 license number, and a legible photocopy of the driver's
				license for each customer; and
(3)
				the vehicle make, model, year, license plate number, vehicle identification
				number, and a legible photocopy of proof of financial responsibility for the
				motor vehicle involved.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.8 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				issued pursuant to these rules 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 as outlined above. All renewals will be
				subject to an additional criminal background check and confirmation of the
				applicant's current address and contact information.
(b) A person who is otherwise eligible to
				renew a license may renew an unexpired license by paying to the Hidalgo 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 Hidalgo County Tax Assessor-Collector one and one-half 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 Hidalgo County Tax
				Assessor-Collector two times the required renewal fee.
(e) If a person's license has been expired
				for one year or more, 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. Notwithstanding this, 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 Hidalgo County Tax Assessor-Collector a fee
				that is equal to two times the required renewal fee for the license.
(f) Before the 30th day preceding the date on
				which a person's license expires, the Hidalgo 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 Hidalgo County Tax Assessor-Collector. Failure to send notice under this
				provision, however, does not provide any right or remedy to a license
				holder.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.9 - Denial, Suspension, or Revocation of License

Current through Reg. 49, No. 28; July 12, 2024
(a) Grounds for the denial, suspension,
				revocation, or denial of reinstatement of a title service license or title
				service runner license in Hidalgo County include, but are not limited to:
(1) having been found to have submitted a
				vehicle packet, or other document, to the Hidalgo County Tax
				Assessor-Collector's office which contains false information, and the Hidalgo
				County Tax Assessor-Collector determines that the false information was
				intentionally submitted by the motor vehicle title service license holder or
				title service runner;
(2) having
				been convicted of any felony, any crime of moral turpitude, or deceptive
				business practice for which the completion date of the applicant's sentence is
				fewer than five years from the date of applying for a motor vehicle title
				service license;
(3) having been
				criminally or civilly sanctioned for the unauthorized practice of law by any
				government or quasi-government body with jurisdiction to do so;
(4) having been found in violation of the
				administrative procedures required by the Texas Department of Motor
				Vehicles;
(5) in the event the Tax
				Assessor-Collector determines a title service license holder has delinquent
				Class C misdemeanor fines, the licensee shall have thirty calendar (30) days
				from the date of deposit of written notice into the U.S. Postal Service to pay
				or otherwise resolve the fines. If the fines remain unresolved after thirty
				calendar (30) days, the Tax Assessor-Collector may, in his discretion, deny,
				suspend, refuse to renew, or revoke, as provided in this section, the license
				of that title service license holder;
(6) a title service runner license may be
				revoked or suspended if the title service runner has presented a title packet
				to the Hidalgo County Tax Assessor-Collector that was not authorized by a
				licensed motor vehicle title service or if the title service runner altered or
				forged the original paperwork prepared for and signed by the motor vehicle
				title service;
(7) failure to
				maintain records required by §
										520.057 of the Texas
				Transportation Code or this section;
(8) behavior that causes disruption or
				creates a security concern to any tax office location or contracted office
				location, as determined by the Tax Assessor-Collector or designee, in his
				discretion; or
(9) involvement in
				the issuance of fraudulent liability insurance while holding an Hidalgo County
				title service license, as determined by the Tax Assessor-Collector or designee,
				in his discretion.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.11 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
The following persons and their agents are exempt from the
				  licensing and other requirements described in this section:
(1) a franchised motor vehicle dealer or
				independent motor vehicle dealer who holds a general distinguishing number
				issued by the department under Texas Transportation Code Chapter 503;
(2) a vehicle lessor holding a license issued
				by the Motor Vehicle Board under Chapter 2301, Texas Occupations Code, or a
				trust or other entity that is specifically not required to obtain a lessor
				license under §
									2301.254(a),
				Texas Occupations Code; and
(3) a
				vehicle lease facilitator holding a license issued by the Motor Vehicle Board
				under Chapter 2301, Texas Occupations Code.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.12 - Training

Current through Reg. 49, No. 28; July 12, 2024
The Tax Assessor-Collector may require title service license
				  holders and title service runners to attend an annual training to orient such
				  licensees to these sections, Texas law, and the Tax Assessor-Collector's
				  policies under these sections. Failure to attend the training may result in
				  discipline under these sections.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 13 - HIDALGO COUNTY TAX ASSESSOR-COLLECTOR › Chapter 401 - MOTOR VEHICLE TITLE SERVICES › Section 401.13 - Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
The Tax Assessor-Collector may authorize other policies and
				  procedures that are not inconsistent with these sections or other law and to
				  the extent authorized by law.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 14 - TRAVIS COUNTY TAX ASSESSOR-COLLECTOR › Chapter 425 - EGULATION OF MOTOR VEHICLE TITLE SERVICES › Section 425.1 - Rules Governing Title Service Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) All companies and individuals wishing to
				conduct title service business in Travis County as governed by Chapter 520 of
				the Transportation Code under Subchapter E (the "Act") must be licensed by the
				County Tax Assessor-Collector. Runners for a full service deputy that has been
				approved by the Tax Assessor Collector and the Commissioners Court pursuant to
				Chapter 217 of the Texas Administrative Code are subject to these
				rules.
(b) "Title service business"
				means processing 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 the Texas
				Transportation Code or Chapter 70 of the Texas Property Code.
(c) Individuals and companies wishing to
				complete an application to register as a motor vehicle title service company,
				or as a runner, must apply at the Travis County Tax Assessor-Collector's
				Administration location, currently located at 5425 Airport Blvd. Austin, Texas,
				using the forms provided by the County Tax Assessor-Collector. All applicants
				must present a valid government-issued photo identification card at the time
				they apply. Lack of such government-issued identification disqualifies an
				applicant from being licensed. The minimum age at which a person may apply for
				a license is 18.
(d) Who Must Apply
				for a License. There are two categories of licenses that are required to do
				title service business: the Motor Vehicle Title Service License and the Title
				Service Runner License.
(1) An organization
				that falls into the category of "motor vehicle title service" company must be
				licensed by the County Tax Assessor-Collector. "Motor vehicle title service"
				means any person who, 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;
				and
(2) A "motor vehicle title
				service runner" is an employee or licensed agent of a licensed motor vehicle
				title service company or a runner for a full service deputy. The motor vehicle
				title service runner has the authority to present motor vehicle title documents
				to the County Tax Assessor-Collector's office for processing. Runners must be
				authorized by a motor vehicle title service company or full service deputy and
				licensed by the County Tax Assessor-Collector. Runners may represent more than
				one motor vehicle title service company.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 15 - DENTON COUNTY TAX-ASSESSOR COLLECTOR › Chapter 430 - MOTOR VEHICLE TITLE SERVICES › Section 430.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The term
				"Applicant Business" means a business entity for which a motor vehicle title
				service license is sought by application, in accordance with these rules, of
				its partners, officers, or directors.
(b) "Application." Except where otherwise
				expressly stated herein, the term "application" includes all documentation
				submitted with a motor vehicle title service application form (TLSA Form) or
				motor vehicle title service runner application (TSRA Form).
(c) The term "DCTAC" means the Office of the
				Denton County Tax Assessor-Collector, except that the term "DCTAC Officeholder"
				means the person who holds the Office of Denton County Tax Assessor-Collector.
				The term "DCTAC Officeholder" includes a person who holds the Office by
				election or, in the event of a vacancy, by appointment.
(d) The terms "licensed MVTS," "licensed
				motor vehicle title service" and "licensed title service" each mean a motor
				vehicle title service that holds a current and valid license, issued by the
				DCTAC under these Rules, to act as a motor vehicle title service in Denton
				County.
(e) The terms "licensed
				MVTSR," "licensed runner," and "licensed title service runner" each mean a
				motor vehicle title service runner that holds a current and valid license,
				issued by the DCTAC, to act as a title service runner for a licensed
				MVTS.
(f) The term "motor vehicle"
				has the meaning assigned by Texas Transportation Code §
									501.002.
(g) The term "motor vehicle title
				application" in §430.13(a)(7), (8) and (10) of this chapter (relating to
				Denial or Revocation of License) herein includes all documentation submitted
				with a motor vehicle title application.
(h) The term "motor vehicle title service" or
				"MVTS" means any person or entity that for compensation directly or indirectly
				assists other persons in obtaining title documents, in either written or
				electronic form, by submitting, transmitting, or sending applications for title
				documents to the appropriate government agencies.
(i) The term "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, motor
				vehicle inquiries, license plate and/or sticker replacement or any other motor
				vehicle related transaction.
(j)
				The terms "title service runner," "runner" and or "MVTSR" each means any person
				employed by a licensed motor vehicle title service to submit or present title
				documents to the DCTAC on behalf of that licensed motor vehicle title
				service.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 15 - DENTON COUNTY TAX-ASSESSOR COLLECTOR › Chapter 430 - MOTOR VEHICLE TITLE SERVICES › Section 430.2 - License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A person or
				business entity may not act as a motor vehicle title service in Denton County
				unless the person or entity holds a motor vehicle title service license issued
				by the DCTAC under these Rules.
(b)
				A person may not act as a title service runner for a motor vehicle title
				service unless that person holds a motor vehicle title service license issued
				by the DCTAC under these Rules. A person may hold only one MVTS runner license
				at a time.
(c) 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 DCTAC
				under Subchapter E, §§520.051 -
				520.063 of the
				Texas Transportation Code. Such an offense is a Class A misdemeanor.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 15 - DENTON COUNTY TAX-ASSESSOR COLLECTOR › Chapter 430 - MOTOR VEHICLE TITLE SERVICES › Section 430.3 - Eligible Applicants

Current through Reg. 49, No. 28; July 12, 2024
A person may not apply for a motor vehicle title service
				  license or motor vehicle title service runner license unless the person
				  is:
(1) at least 18 years of age on the
				date the application is submitted; and
(2) authorized to handle financial
				transactions for himself/herself or another; and
(3) if the application seeks a motor vehicle
				title service license for a business entity, authorized to handle financial
				transactions for that business entity.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 15 - DENTON COUNTY TAX-ASSESSOR COLLECTOR › Chapter 430 - MOTOR VEHICLE TITLE SERVICES › Section 430.5 - Submission of Application

Current through Reg. 49, No. 28; July 12, 2024
Each license application must be submitted by the applicant,
				  in person, at any DCTAC location during business hours. The application must be
				  complete and include all required documentation. To submit the completed
				  application, applicant must, at the time of the submission:
(1) presents a valid Texas driver's license
				and a valid Social Security Card or, if applicable, a U.S.-issued alien
				identification card issued by the Department of Homeland Security, and permits
				a copy of both to be made for DCTAC records; and
(2) pays the non-refundable application
				fee.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 15 - DENTON COUNTY TAX-ASSESSOR COLLECTOR › Chapter 430 - MOTOR VEHICLE TITLE SERVICES › Section 430.6 - Completion of Motor Vehicle Title Service License Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A motor vehicle
				title service ("MVTS") license application will not be considered complete
				under §
									430.5 of this chapter (relating to
				Submission of Application) unless all applicable information identified on the
				title service license application form ("TSLA Form") has been provided, all
				required documentation has been attached, and the applicant identified on the
				TSLA Form has executed the Applicant Affidavit section of the Form as described
				in subsection (c) of this section. If Applicant Business is a partnership, each
				partner must submit a separate application. If Applicant Business is a
				corporation, each officer and director must submit a separate application and
				identify the state of incorporation on that application.
(b) The following documents must be submitted
				with and attached to the signed and completed TSLA Form:
(1) A copy of applicant's valid Texas
				driver's license and valid Social Security Card, or if applicable, a
				U.S.-issued alien identification card by the Department of Homeland
				Security;
(2) an original or
				certified copy of:
(A) if Applicant Business
				is a DBA, each applicable Assumed Name Certificate.
(B) if Applicant Business is a corporation,
				the applicable Articles of Incorporation.
(C) if Applicant Business is a partnership,
				the applicable Partnership Agreement.
(3) all forms required by the DCTAC, signed
				and completed as required by the DCTAC.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 15 - DENTON COUNTY TAX-ASSESSOR COLLECTOR › Chapter 430 - MOTOR VEHICLE TITLE SERVICES › Section 430.7 - Completion of Title Service Runner License Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A motor vehicle
				title service runner application will not be considered complete under §
									430.5 of this chapter (relating to
				Submission of Application) unless all applicable information identified on the
				title service runner application form ("TSRA Form") has been provided, all
				required documentation has been attached, and the applicant identified on the
				TSRA Form has executed the Applicant Affidavit section of the TSRA Form as
				described in subsection (c) of this section. The following documents must be
				submitted with and attached to the signed and completed TSRA Form:
(1) a copy of applicant's valid Texas
				driver's license and valid Social Security Card, or if applicable, a
				U.S.-issued alien identification card by the Department of Homeland
				Security;
(2) all forms required by
				the DCTAC, signed and completed as required by the DCTAC; and
(3) sworn affidavits of each owner, partner,
				officer or director of the licensed title service identified on the TSRA Form,
				stating that the licensed title service (which must be identified specifically
				in the statement by name and License No.) employs applicant and authorizes
				him/her to submit or present title documents to the DCTAC on its
				behalf.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 15 - DENTON COUNTY TAX-ASSESSOR COLLECTOR › Chapter 430 - MOTOR VEHICLE TITLE SERVICES › Section 430.8 - Application Review/Applicant Background Check/Applicant Interview

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				submission of a completed application, an initial review of the application
				will be conducted. If information known to or obtained by the DCTAC conflicts
				or appears to conflict with information supplied in the application, the
				applicant may be asked to provide additional clarifying or verifying
				information. An on-site visit to any or all of the business locations listed on
				an applicant's TSLA Form (§430.6(c)(5) (relating to Completion of Motor
				Vehicle Title Service License Application)) may be performed at the option of
				DCTAC. Upon notification by DCTAC, applicant shall, in coordination with the
				DCTAC, schedule for each location listed in the DCTAC notification an on-site
				visit at which the applicant will be present. Failure or refusal by applicant
				to schedule and carry out any such requested on-site visit shall be grounds for
				dismissal of the application.
(b)
				Following initial application review under subsection (a) of this section, the
				applicant background check will be conducted. Upon completion of this process,
				interviews for eligible applicants will be scheduled according to DCTAC office
				needs/staff availability. Applicants are responsible for reserving open
				interview slots, which will be assigned on a first-come, first-served basis. No
				license may issue unless each person required to apply for the requested
				license has completed the interview process. During the interview process,
				applicant may be asked to provide additional information and/or request
				additional documentation for the purpose of establishing applicant's business
				reputation and character.
(c)
				Applicants will be notified of the outcome of an application within 30 days of
				the date the interview process is completed. Such notice will be sent by
				certified mail to runner license applicants at the home address listed on the
				application and to title service license applicants at the business mailing
				address listed on the application.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 15 - DENTON COUNTY TAX-ASSESSOR COLLECTOR › Chapter 430 - MOTOR VEHICLE TITLE SERVICES › Section 430.9 - License

Current through Reg. 49, No. 28; July 12, 2024
(a) License
				No./Effective Date. Each license granted will be assigned a number. The
				effective date of issuance is the date upon which notice is sent under §
									430.8(c) of this
				chapter (relating to Application Review/Applicant Background Check/Applicant
				Interview).
(b) Original. Each
				licensee shall be issued one original license.
(c) A title service shall process all work at
				the DCTAC Main office for the first forty-five (45) days of the license period,
				after which the title service may process work at any DCTAC location. A title
				service whose license is renewed under §430.12(a) - (d) of this chapter
				(relating to License Renewal) may, upon the commencement of the renewal period,
				process work at any DCTAC location.