Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter D - NONREPAIRABLE AND SALVAGE MOTOR VEHICLES › Section 217.82 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Casual
				  sale--The sale by a salvage vehicle dealer, insurance company, or salvage pool
				  operator of not more than five nonrepairable or salvage motor vehicles to the
				  same person during a calendar year. The term does not include a sale to a
				  salvage vehicle dealer or the sale of an export-only motor vehicle to a person
				  who is not a resident of the United States.
(2) Certificate of title--A written
				  instrument that may be issued solely by and under the authority of the
				  department and that reflects the transferor, transferee, vehicle description,
				  license plate and lien information, and rights of survivorship agreement as
				  specified in Subchapter A of this chapter or as required by the
				  department.
(3) Application for
				  Title--A form prescribed by the director of the department's Vehicle Titles and
				  Registration Division that reflects the information required by the department
				  to create a motor vehicle title record.
(4) Damage--Sudden damage to a motor vehicle
				  caused by the motor vehicle being wrecked, burned, flooded, or stripped of
				  major component parts. The term does not include gradual damage from any cause,
				  sudden damage caused by hail, or any damage caused only to the exterior paint
				  of the motor vehicle.
(5) Date of
				  sale--The date of the transfer of possession of a specific vehicle from a
				  seller to a purchaser.
(6)
				  Department--The Texas Department of Motor Vehicles.
(7) Export-only sale--The sale of a
				  nonrepairable or salvage motor vehicle, by a salvage vehicle dealer, including
				  a salvage pool operator acting as agent for an insurance company, or a
				  governmental entity, to a person who resides outside the United
				  States.
(8) Flood damage--A title
				  remark that is initially indicated on a nonrepairable or salvage vehicle title
				  to denote that the damage to the vehicle was caused exclusively by flood and
				  that is carried forward on subsequent title issuance.
(9) Insurance company--A person authorized to
				  write automobile insurance in this state or an out-of-state insurance company
				  that pays a loss claim for a motor vehicle in this state.
(10) Manufacturer's certificate of origin--A
				  form prescribed by the department showing the original transfer of a new motor
				  vehicle from the manufacturer to the original purchaser, whether importer,
				  distributor, dealer, or owner, and when presented with an application for
				  title, showing, on appropriate forms prescribed by the department, each
				  subsequent transfer between distributor and dealer, dealer and dealer, and
				  dealer and owner.
(11) Metal
				  recycler--A person who:
(A) is predominately
				  engaged in the business of obtaining ferrous or nonferrous metal that has
				  served its original economic purpose to convert the metal, or sell the metal
				  for conversion, into raw material products consisting of prepared grades and
				  having an existing or potential economic value;
(B) has a facility to convert ferrous or
				  nonferrous metal into raw material products consisting of prepared grades and
				  having an existing or potential economic value, by a method other than the
				  exclusive use of hand tools, including the processing, sorting, cutting,
				  classifying, cleaning, baling, wrapping, shredding, shearing, or changing the
				  physical form or chemical content of the metal; and
(C) sells or purchases the ferrous or
				  nonferrous metal solely for use as raw material in the production of new
				  products.