Guaranteed Used Cars
Note: Not all of the Transportation Codes are shown below. We have only listed the ones that are most commonly either misunderstood or violated by Unscrupulous Dealers, Private Citizens and Unlicensed Persons that are actively engaged in the business of buying and selling automobiles but without posting a Security Requirement (Dealer Bond) or meeting the requirements to obtain a Motor Vehicle Dealer's License (General Distinguishing Number) Please visit the Consumer Links Page where you will find links for the entire Transportation Code as well as links for other laws related to the sale of used automobiles.
Texas Transportation Code
Title 7
Vehicles and Traffic
Chapter 501.
Certificate of Title Act
501.021 Certificate of Title
"UNLESS OTHERWISE AUTHORIZED BY LAW, IT IS A VIOLATION OF
STATE LAW TO SIGN THE NAME OF ANOTHER PERSON ON A CERTIFICATE OF
TITLE OR OTHERWISE GIVE FALSE INFORMATION ON A CERTIFICATE OF
TITLE."
501.025 Social Security Number Required
501.0276 Denial of Title Receipt or Certificate of Title for Failure to Provide Proof of Emissions Testing.
501.028 Owner's Signature
On receipt of a certificate of title, the owner of a motor vehicle shall write the
owner's name in ink in the space provided on the certificate.
Note: We call this "taking" assigment. Many unscrupulous dealers are guilty failing to take assignment as they intentionally leave the back of the titles blank and in order to avoid paying taxes if they sell it for cash. Dealers are supposed to put their name on the title when they receive it. Dealer should be aware if they get caught with a vehicle on their lot and they haven't taken assignment, they could be charged with a violation. Dealers that are connected to Curbstoning often fail to take assignment to avoid being connnected to illegal Curbstoner offerings.
501.029 Use of Registration Receipt or Title Receipt to Evidence Title.
Note: Although the title receipt or registration receipt as "evidence" of ownership, it can not be used to transfer ownership (sell) or establish a lien. Further, the department may issue a receipt that evidences title to a vehicle for Registration Purposes Only. A vehicle tagged as Registration Purposes Only can not be sold! Purchasers from private parties should be alert for they may never get a clear title if they purchase a vehicle tagged as for Registration Purposes Only.
501.030 Motor Vehicles Brought Into Texas
Before a motor vehicle may be bargained, sold, transferred, or delivered with an intent to pass an interest in the
vehicle or encumbered by a lien, the owner must apply for a certificate of title in the county in which the transaction
is to take place.
Note: They must also prove the vehicle doesn't have a lien!
501.071 Sale of Vehicle - Transfer of Title
A motor vehicle may not be the subject of a subsequent sale unless the owner designated in the
certificate of title transfers the certificate of title at the time of the sale. If you buy a car, you must register the vehicle into your name before offering it for sale.
Attention Consumers: If you see a vehicle being offered for sale by a Private Party, make certain the seller's name is imprinted on the "Front" of the title. If not, the seller hasn't registered the vehicle into their name and you could get stuck with taxes or even worse, you might end up being accused of fraud in a case where the true owner might have been defrauded of their car.
501.073 SALES IN VIOLATION OF CHAPTER
A sale made in violation of this chapter is void and title may not pass until the requirements of this chapter are satisfied.
Attention Consumers: If you purchase a vehicle from a person that is not imprinted on the "FRONT" of the Title, you might get stuck with paying Back Taxes, Other Fees or in the worst case, if a previous transaction involved fraud (such as often connected to divorce) or undisclosed liens or bankruptcy, the vehicle could get impounded and returned to the rightful owner.
501.075 VALIDITY OF DOCUMENTS NOT NOTARIZED
A document necessary to transfer ownership of a motor vehicle is
valid without regard to whether the document is executed before a notary public.
501.092. INSURANCE COMPANY TO SURRENDER CERTIFICATES OF TITLE
TO CERTAIN SALVAGE MOTOR VEHICLES OR NONREPAIRABLE MOTOR VEHICLES.
Note: This code was ammended in 2003 to allow an insurance company to sell a salvage vehicle in a "casual" sale at an insurance auction but without first surrendering the Original Title.
What's the big deal?
This leaves a GIANT LOOPHOLE for fraud as unscrupulous people are purchasing wrecked vehicles at auctions and putting them back on the streets as Clean Titled Cars! This is a rapidly growing problem as many employees within the Body Repair Industry are purchasing wrecked vehicles and cycling them back into the marketplace. In many cases, the unsuspecting consumer has purchased a vehicle that was "totaled" meaning the insurance company decided to pay off the claim as opposed to fixing it. Do you really believe the shade tree body shop employee is performing all the necessary repairs and in a good workmanlike manner?
501.151. PLACEMENT OF SERIAL NUMBER WITH INTENT TO CHANGE IDENTITY
(a) A person commits an offense if the person stamps or places a serial number on a vehicle or part of a vehicle with the intent of changing the identity of the vehicle.
501.152 SALE OR OFFER WITHOUT TITLE RECEIPT OR TITLE.
(a) Except as provided by this section, a person commits an
offense if the person:
(1) sells, offers to sell, or offers as security for an obligation a motor vehicle registered in this state; and
(2) does not possess the title receipt or certificate of title for the vehicle.
501.153. APPLICATION FOR TITLE FOR STOLEN OR CONCEALED VEHICLE. A person commits an offense if the person applies for a certificate of title for a motor vehicle that the person knows is stolen or concealed in violation of Section 32.33 of the Penal Code.
501.154. ALTERATION OF CERTIFICATE OR RECEIPT.
A person commits an offense if the person alters a manufacturer's or importer's certificate, a title receipt, or a certificate of title.
501.155. FALSE NAME, FALSE INFORMATION, AND FORGERY (Don't even think about signing someone name for it's a Felony of the Third Degree.
(a) A person commits an offense if the person knowingly provides false or incorrect information or without legal authority signs the name of another person on the Title, Title Assignment or any other Documents.
501.158SEIZURE OF STOLEN VEHICLE OR VEHICLE WITH ALTERED SERIAL NUMBER. (Stay away from vehicles with Missing or Altered Vehicle Identification Numbers for you will probably get snookered.)
(a) A peace officer may seize a vehicle or part of a vehicle without a warrant if the officer has probable cause to believe that the vehicle or part:
(1) is stolen; or
(2) has had the serial number removed, altered, or obliterated.
502.002 REGISTRATION REQUIRED: GENERAL RULE.
(If a vehicle is going to be driven on the road, it must be registered.)
(a) The owner of a motor vehicle, trailer, or semitrailer shall apply for the registration of the vehicle for:
(1) each registration year in which the vehicle is used or to be used on a public highway;
502.152 CERTIFICATE OF TITLE REQUIRED FOR REGISTRATION.
(a) The department may not register or renew the registration of a motor vehicle for which a certificate of title is required under Chapter 501 unless the owner:
(1) obtains a certificate of title for the vehicle; or
(2) presents satisfactory evidence that a certificate of title was previously issued to the owner by the department or another jurisdiction.
502.156 STATEMENT REQUIRED FOR REBUILT VEHICLES.
A county assessor-collector shall require an applicant for
registration of a rebuilt vehicle to provide a statement that the vehicle is rebuilt and that states the name of each person from whom the parts used in assembling the vehicle were obtained.
502.170 ADDITIONAL FEE FOR REFLECTORIZED LICENSE PLATES.
(a) In addition to the other registration fees for a license plate or set of license plates or other device used as the registration insignia, 30 cents shall be collected.
(b) The department shall use money collected under this section to purchase equipment and material for the production and manufacture of reflectorized license plates.
502.1705 ADDITIONAL FEE FOR AUTOMATED REGISTRATION AND TITLE SYSTEM. (a) In addition to other registration fees for a license plate or set of license plates or other device used as the registration insignia, a fee of $1 shall be collected.
(b) The department may use money collected under this section to perform one or more of the following:
(1) enhancing the department's automated registration and title system;
(2) providing for the automated on-site production of registration insignia; or
(3) providing for automated on-premises and off-premises self-service registration.
502.182 CREDIT FOR REGISTRATION FEE PAID ON MOTOR VEHICLE SUBSEQUENTLY DESTROYED.
(a) The owner of a motor vehicle
that is destroyed to the extent that it cannot afterwards be operated on a public highway is entitled to a registration fee credit if the prorated portion of the registration fee for the remainder of the registration yearis more than $15. The owner must claim the credit by:
(1) sending the registration fee receipt and the
license plates for the vehicle to the department; and
(2) executing a statement on a form provided by the
department showing that the license plates have been surrendered to
the department.
(b) The department, on satisfactory proof that the vehicle is destroyed, shall issue a registration fee credit slip to the owner in an amount equal to the prorated portion of the registration fee for the remainder of the registration year. The owner, during the same or the next registration year, may use the registration fee credit slip as payment or part payment for the registration of another vehicle to the extent of the credit.
502.179 DUPLICATE REGISTRATION RECEIPT
(a) The owner of a vehicle for which the registration receipt has been lost or destroyed may obtain a duplicate receipt from the department or the county assessor-collector who issued the original receipt by paying a fee of $2.
(b) The office issuing a duplicate receipt shall retain the fee received as a fee of office.
502.402 OPERATION OF UNREGISTERED MOTOR VEHICLE
(a) A person commits an offense if the person operates a motor vehicle that has not been registered as required by law. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200.
502.403 OPERATION OF VEHICLE UNDER IMPROPER REGISTRATION
(a) A person commits an offense if the person operates on a public highway a motor vehicle registered for a class other than that to which the vehicle belongs.
(b) An offense under this section is a misdemeanor
punishable by a fine not to exceed $200.
502.404 OPERATION OF VEHICLE WITHOUT LICENSE PLATE OR REGISTRATION INSIGNIA
(a) A person commits an offense if the person operates on a public highway during a registration period a passenger car or commercial motor vehicle that does not display two license plates, at the front and rear of the vehicle, that have been:
(1) assigned by the department for the period; or
(2) validated by a registration insignia issued by the
department that establishes that the vehicle is registered for the
period.
(b) A person commits an offense if the person operates on a public highway during a registration period a passenger car or commercial motor vehicle, other than a vehicle assigned license plates for the registration period, that does not properly display the registration insignia issued by the department that establishes
that the license plates have been validated for the period.
(c) A person commits an offense if the person operates on a public highway during a registration period a road tractor, motorcycle, trailer, or semitrailer that does not display a license plate, attached to the rear of the vehicle, that has been:
(1) assigned by the department for the period; or
(2) validated by a registration insignia issued by the department that establishes that the vehicle isregistered for the period.
(d) Subsections (a) and (b) do not apply to a dealer operating a vehicle as provided by law.
(e) An offense under this section is a misdemeanor punishable by a fine not to exceed $200.
502.407 OPERATION OF VEHICLE WITH EXPIRED LICENSE PLATE
(a) A person commits an offense if, after the fifth working day after the date the registration for the vehicle expires:
(1) the person operates on a public highway during a registration period a motor vehicle, trailer,or semitrailer that has attached to it a license plate for the preceding period; and
(2) the license plate has not been validated by the attachment of a registration insignia for the registration period in effect.
(b) A justice of the peace or municipal court judge having jurisdiction of the offense may:
(1) dismiss a charge of driving with an expired motor vehicle registration if the defendant:
(A) remedies the defect not later than the 10th working day after the date of the offense; and
(B) establishes that the fee prescribed by Section 502.176 has been paid; and
(2) assess an administrative fee not to exceed $10 when the charge is dismissed.
(c) An offense under this section is a misdemeanor punishable by a fine not to exceed $200.
502.408 OPERATION OF VEHICLE WITH WRONG LICENSE PLATE
(a) A person commits an offense if the person operates, oras the owner permits another to operate, on a public highway a motor vehicle that has attached to it a number plate or registration insignia issued for a different vehicle. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200.
502.409 WRONG, FICTITIOUS, ALTERED, OR OBSCURED LICENSE PLATE
(a) A person commits an offense if the person attaches to or displays on a motor vehicle a number plate or registration insignia that:
(1) is assigned to a different motor vehicle;
(2) is assigned to the vehicle under any other motor vehicle law other than by the department;
(3) is assigned for a registration period other than the registration period in effect;
(4) is fictitious;
(5) has letters, numbers, or other identification marks that because of blurring or reflective matterare not plainly visible at all times during daylight;
(6) has an attached illuminated device or sticker, decal, emblem, or other insignia that is notauthorized by law and that interferes with the readability of the letters or numbers on the plate or the name of the state in which the vehicle is registered; or
(7) has a coating, covering, or protective material that:
(A) distorts angular visibility or detectability; or
(B) alters or obscures the letters or numbers on the plate, the color of the plate, or another original design feature of the plate.
(b) Except as provided by Subsection (f), an offense under Subsection (a) is a misdemeanor punishable by a fine of not more than $200, unless it is shown at the trial of the offense that the owner knowingly altered or made illegible the letters, numbers, and other identification marks, in which case the offense is a Class B misdemeanor.
(c) to (e) Repealed by Acts 1997, 75th Leg., ch. 165, § 30.66, eff. Sept. 1, 1997.
(f) An offense under Subsection (a)(4) is a Class B misdemeanor.
502.410 FALSIFICATION OR FORGERY
(a) A person commits an offense if the person knowingly provides false or incorrect information or without legal authority signs the name of another person on a statement or application filed or given as required by this chapter.
(b) Subsection (a) does not apply to a statement or application filed or given under Section 502.184, 502.352, 502.353, 502.354, 502.355, 504.201, 504.411 or 504.508
(c) An offense under this section is a felony of the third degree.
503.007. FEES FOR GENERAL DISTINGUISHING NUMBER.
(a) The fee for an original general distinguishing number is $500.
(b) The fee for the renewal of a general distinguishing number is $200.
(c) The registration fee for a drive-a-way in-transit license is $50.
(d) A fee collected under this section shall be deposited to the credit of the state highway fund.
Note: 503.021 is the Transportation Code Number that Law Enforcement Officers use to write Citations for Unlicense Curbstoners and Licensed Dealers that are making off premise offerings.
503.021 DEALER GENERAL DISTINGUISHING NUMBER.
A person may not engage in business as a dealer, directly or indirectly, including by consignment, without a dealer general distinguishing number in one of the six categories described by Section 503.029(a)(6) for each location from which the person conducts business as a dealer.
503.024 EXCLUSIONS FOR DEALER
(a) A person is not required to obtain a dealer general distinguishing number if the
person:
(1) sells or offers to sell during a calendar year fewer than five vehicles of the same type that are owned and registered in that person's name; or
(2) is a federal, state, or local governmental agency.
(b) For the purposes of Section, a person is not engaging in business as a dealer by:
(1) selling or offering to sell a vehicle the person acquired for personal or business use to a person other than a retail buyer if the sale or offer is not made to avoid a requirement of this chapter;
(2) selling, in a manner provided by law for the forced sale of vehicles, a vehicle in which the person holds a security interest;
(3) acting under a court order as a receiver, trustee, administrator, executor, guardian, or other appointed person;
503.026 REQUIREMENT FOR EACH TYPE OF DEALER VEHICLE
Note: Automobile Dealers can't sell motorcycles, Motor Homes, Trailers or Big Trucks unless they hold a license for the type of vehicle they are offering.
A person must obtain a dealer general distinguishing number for each type of vehicle the person intends to sell.
503.027 REQUIREMENTS RELATING TO DEALER LOCATION
(a) If a person consigns for sale more than five vehicles in a calendar year from a location other than the location for which the person holds a wholesale motor vehicle auction general distinguishing number or a dealer general distinguishing number, the location to which the person consigns the vehicles must have a general distinguishing number for that location.
(b) If a person is not otherwise prohibited from doing business as a dealer at more than one location in the territory of a municipality, a person may buy, sell, or exchange a vehicle of the type for which the person holds a dealer general distinguishing number from more than one location in the territory of the municipality without obtaining an additional dealer general distinguishing number. Each location must comply with the requirements prescribed by this chapter and board rules relating to an established and permanent place of business.
503.032 ESTABLISHED AND PERMANENT PLACE OF BUSINESS.
(a) An applicant for a dealer general distinguishing number or wholesale motor vehicle auction general distinguishing
number must demonstrate that the location for which the applicant requests the number is an established and permanent place of business. A location is considered to be an established and permanent place of business if the applicant:
(1) owns the real property on which the business is situated or has a written lease for the property that has a term of not less than one year;
(2) maintains on the location:
(A) a permanent furnished office that is equipped as required by the department for the sale of the vehicles of the type specified in the application; and
(B) a conspicuous sign with letters at least six inches high showing the name of the applicant's business; and
(3) has sufficient space on the location to display at least five vehicles of the type specified in the application.
(b) An applicant for a general distinguishing number as a wholesale motor vehicle dealer is not required to maintain display space in accordance with Subsection (a)(3).
(c) The applicant must demonstrate that:
(1) the applicant intends to remain regularly and actively engaged in the business specified in the application for at least one year at the location specified in the application; and
(2) the applicant or a bona fide employee of the applicant will be:
(A) at the location to buy, sell, lease, or exchange vehicles; and
(B) available to the public or the department at that location during reasonable and lawful business hours.
503.033 SECURITY REQUIREMENT
(a) The department may
not issue or renew a motor vehicle dealer general distinguishing
number or a wholesale motor vehicle auction general distinguishing
number unless the applicant provides to the department:
(1) satisfactory proof that the applicant has
purchased a properly executed surety bond in the amount of $25,000
with a good and sufficient surety approved by the department; or
(2) other security under Subsection (c).
(b) The surety bond must be:
(1) in a form approved by the attorney general;
(2) conditioned on:
(A) the payment by the applicant of all valid
bank drafts, including checks, drawn by the applicant to buy motor
vehicles; and
(B) the transfer by the applicant of good title
to each motor vehicle the applicant offers for sale.
(c) In lieu of the surety bond, the department may accept
and receive for the surety obligation:
(1) a pledge of cash;
(2) a cash deposit;
(3) a certificate of deposit; or
(4) another instrument the department determines to be
adequate security.
(d) A person may recover against a surety bond or other
security if the person obtains against a person issued a motor
vehicle dealer general distinguishing number or a wholesale motor
vehicle auction general distinguishing number a judgment assessing
damages and reasonable attorney's fees based on an act or omission
on which the bond is conditioned that occurred during the term for
which the general distinguishing number was valid.
(e) The liability imposed on a surety is limited to:
(1) the amount:
(A) of the valid bank drafts, including checks,
drawn by the applicant to buy motor vehicles; or
(B) paid to the applicant for a motor vehicle for
which the applicant did not deliver good title; and
(2) attorney's fees that are incurred in the recovery
of the judgment and that are reasonable in relation to the work
performed.
(f) The liability of a surety may not exceed the face value
of the surety bond. A surety is not liable for successive claims in
excess of the bond amount regardless of the number of claims made
against the bond or the number of years the bond remains in force.
(g) This section does not apply to a person licensed as a
franchised motor vehicle dealer by the department's Motor Vehicle
Board.
503.036 REASSIGNMENT OF EVIDENCE OF OWNERSHIP; DEALER CATEGORIES
(a) The holder of a franchised motor vehicle dealer's
general distinguishing number may buy, sell, or exchange new or
used motor vehicles and reassign a manufacturer's certificate of
origin, certificate of title, or other basic evidence of ownership
of any type of vehicle owned by the dealer that the dealer is not
otherwise prohibited by law from selling or offering for sale.
(b) The holder of an independent motor vehicle dealer's
general distinguishing number may reassign a certificate of title
or other basic evidence of ownership of any type of vehicle owned by
the dealer that the dealer is not otherwise prohibited by law from
selling or offering for sale.
(c) The holder of a wholesale motor vehicle dealer's general
distinguishing number may sell or offer to sell motor vehicles to no
person except:
(1) a person who holds a general distinguishing
number; or
(2) a person who is legally recognized as and duly
licensed or otherwise qualified as a dealer under the laws of
another state or foreign jurisdiction.
503.038 CANCELLATION OF GENERAL DISTINGUISHING NUMBER
(a) The department may cancel a dealer's general
distinguishing number if the dealer:
(1) falsifies or forges a title document, including an
affidavit making application for a certified copy of a title;
(2) files a false or forged tax document, including a
sales tax affidavit;
(3) fails to take assignment of any basic evidence of
ownership, including a certificate of title or manufacturer's
certificate, for a vehicle the dealer acquires;
(4) fails to assign any basic evidence of ownership,
including a certificate of title or manufacturer's certificate, for
a vehicle the dealer sells;
(5) uses or permits the use of a metal dealer's license
plate or a dealer's temporary cardboard tag on a vehicle that the
dealer does not own or control or that is not in stock and offered
for sale;
(6) makes a material misrepresentation in an
application or other information filed with the department;
(7) fails to maintain the qualifications for a general
distinguishing number;
(8) fails to provide to the department within 30 days
after the date of demand by the department satisfactory and
reasonable evidence that the person is regularly and actively
engaged in business as a wholesale or retail dealer;
(9) has been licensed for at least 12 months and has
not assigned at least five vehicles during the previous 12-month
period;
(10) has failed to demonstrate compliance with
Sections 23.12, 23.121, and 23.122, Tax Code;
(11) uses or allows the use of the dealer's general
distinguishing number or the location for which the general
distinguishing number is issued to avoid the requirements of this
chapter;
(12) misuses or allows the misuse of a temporary
cardboard tag authorized under this chapter;
(13) refuses to show on a buyer's temporary cardboard
tag the date of sale or other reasonable information required by the
department; or
(14) otherwise violates this chapter or a rule adopted
under this chapter.
(b) The department shall cancel a dealer's general
distinguishing number if the dealer obtains the number by
submitting false or misleading information.
(c) A person whose general distinguishing number is
canceled under this chapter shall surrender to a representative of
the department each license, license plate, temporary cardboard
tag, sticker, and receipt issued under this chapter not later than
the 10th day after the date the general distinguishing number is
canceled. The department shall direct any peace officer to secure
registering under Chapter 502 a vehicle that the dealer owns,
operates, or permits to be operated on a public street or highway,
the dealer may apply for, receive, and attach metal dealer's
license plates to the vehicle if it is the type of vehicle:
(1) that the dealer sells; and
(2) for which t.
PUBLIC MOTOR VEHICLE AUCTIONS.
A motor vehicle may not be the subject of a subsequent sale at an auction by
a holder of a dealer's general distinguishing number unless:
(1) equitable or legal title passes to the holder of a
dealer's general distinguishing number before a transfer of title
to the buyer; and
(2) the holder of a dealer's general distinguishing
number transfers the certificate of title to the buyer before the
21st day after the date of the sale.
503.061 DEALER'S LICENSE PLATES
(a) Instead of registering under Chapter 502 a vehicle that the dealer owns,
operates, or permits to be operated on a public street or highway,
the dealer may apply for, receive, and attach metal dealer's
license plates to the vehicle if it is the type of vehicle:
(1) that the dealer sells; and
number.
(b) The board may adopt rules regulating the issuance and
use of a license plate issued pursuant to the terms of this section.
503.062 DEALER'S TEMPORARY CARDBOARD TAGS. (a) A
dealer may issue a temporary cardboard tag for use on an
unregistered vehicle by the dealer or the dealer's employees only
to:
(1) demonstrate or cause to be demonstrated to a
prospective buyer the vehicle for sale purposes only;
(2) convey or cause to be conveyed the vehicle:
(A) from one of the dealer's places of business
in this state to another of the dealer's places of business in this
state;
(B) from the dealer's place of business to a
place the vehicle is to be repaired, reconditioned, or serviced;
(C) from the state line or a location in this
state where the vehicle is unloaded to the dealer's place of
business;
(D) from the dealer's place of business to a
place of business of another dealer;
(E) from the point of purchase by the dealer to
the dealer's place of business; or
(F) to road test the vehicle; or
(3) use the vehicle for or allow its use by a
charitable organization.
(b) Subsection (a)(1) does not prohibit a dealer from
permitting a prospective buyer to operate a vehicle while the
vehicle is being demonstrated.
(c) A vehicle being conveyed under this section is exempt
from the inspection requirements of Chapter 548.
(d) The department may not issue a dealer temporary
cardboard tag or contract for the issuance of a dealer temporary
cardboard tag but shall prescribe:
(1) the specifications, form, and color of a dealer
temporary cardboard tag; and
(2) the period for which a tag may be used for or by a
charitable organization.
(e) For purposes of this section, "charitable organization"
means an organization organized to relieve poverty, to advance
education, religion, or science, to promote health, governmental,
or municipal purposes, or for other purposes beneficial to the
community without financial gain.
503.063 BUYER'S TEMPORARY CARDBOARD TAGS. (a) Except
as provided by this section, a dealer may issue to a person who buys
an unregistered vehicle one temporary cardboard buyer's tag for the
vehicle.
(b) Except as provided by this section, the buyer's tag is
valid for the operation of the vehicle until the earlier of:
(1) the date on which the vehicle is registered; or
(2) the 21st day after the date of purchase.
(c) The dealer:
(1) must show in ink on the buyer's tag the actual date
of sale and any other required information; and
(2) is responsible for displaying the tag.
(d) The dealer is responsible for the safekeeping and
distribution of each buyer's tag the dealer obtains.
(e) The department may not issue a buyer's tag or contract
for the issuance of a buyer's tag but shall prescribe the
specifications, color, and form of a buyer's tag.
(f) A dealer may issue an additional temporary cardboard
buyer's tag to a person after the expiration of 21 days after the
issue of a temporary cardboard buyer's tag, and the person may
operate the vehicle for which the tag was issued on the additional
temporary cardboard buyer's tag if the dealer has been unable to
obtain on behalf of the vehicle's owner the necessary documents to
obtain permanent metal license plates because the documents are in
the possession of a lienholder who has not complied with the terms
of Section 501.115(a) of this code. An additional tag issued under
the terms of this subsection is valid for a maximum of 21 days after
the date of issue.
503.065 BUYER'S OUT-OF-STATE LICENSE PLATES. (a) The
department may issue or cause to be issued to a person a temporary
license plate made of cardboard or similar material authorizing the
person to operate a new unregistered vehicle on a public highway of
this state if the person:
(1) buys the vehicle from a dealer outside this state
and intends to drive the vehicle from the dealer's place of
business; or
(2) buys the vehicle from a dealer in this state but
intends to drive the vehicle from the manufacturer's place of
business outside this state.
(b) The department may not issue a temporary license plate
under this section to a manufacturer or dealer of a motor vehicle,
trailer, or semitrailer or to a representative of such a dealer.
(c) A person may not use a temporary license plate issued
under this section on a vehicle transporting property.
(d) A temporary license plate issued under this section
expires not later than the 30th day after the date on which it is
issued. The department shall place or cause to be placed on the
license plate at the time of issuance the date of expiration and the
type of vehicle for which the license plate is issued.
(e) The fee for a temporary license plate issued under this
section is $3. Only one license plate may be issued for each
vehicle.
503.067 UNAUTHORIZED REPRODUCTION OF TEMPORARY
CARDBOARD TAGS. (a) A person other than a dealer may not produce or
reproduce a buyer's or dealer's temporary cardboard tag.
(b) A person may not operate a vehicle that displays an
unauthorized temporary cardboard tag.
503.068 LIMITATION ON USE OF DEALER'S LICENSE PLATES
AND TAGS. (a) A dealer or an employee of a dealer may not use a
dealer's temporary cardboard tag as authorization to operate a
vehicle for the dealer's or the employee's personal use.
(b) A person may not use a metal dealer's license plate or
dealer's temporary cardboard tag on:
(1) a service or work vehicle; or
(2) a commercial vehicle that is carrying a load.
(c) For purposes of this section, a boat trailer carrying a
boat is not a commercial vehicle carrying a load. A dealer
complying with this chapter may affix to the rear of a boat trailer
the dealer owns or sells a metal dealer's license plate or temporary
cardboard tag issued under Section 503.061, 503.062, or 503.063.
(d) This section does not prohibit the operation or
conveyance of an unregistered vehicle using the full-mount method,
saddle-mount method, tow-bar method, or a combination of those
methods in accordance with Section 503.062 or 503.063
503.068 LIMITATION ON USE OF DEALER'S LICENSE PLATES
AND TAGS. (a) A dealer or an employee of a dealer may not use a
dealer's temporary cardboard tag as authorization to operate a
vehicle for the dealer's or the employee's personal use.
(b) A person may not use a metal dealer's license plate or
dealer's temporary cardboard tag on:
(1) a service or work vehicle; or
(2) a commercial vehicle that is carrying a load.
(c) For purposes of this section, a boat trailer carrying a
boat is not a commercial vehicle carrying a load. A dealer
complying with this chapter may affix to the rear of a boat trailer
the dealer owns or sells a metal dealer's license plate or temporary
cardboard tag issued under Section 503.061, 503.062, or 503.063.
(d) This section does not prohibit the operation or
conveyance of an unregistered vehicle using the full-mount method,
saddle-mount method, tow-bar method, or a combination of those
methods in accordance with Section 503.062 or 503.063.
503.069 DISPLAY OF LICENSE PLATES AND TAGS. (a) A
license plate, other than an in-transit license plate, or a
temporary cardboard tag issued under this chapter shall be
displayed in accordance with board rules.
(b) A drive-a-way operator who has been issued a drive-a-way
in-transit license shall display the operator's in-transit license
plates on each transported motor vehicle from the vehicle's point
of origin to its point of destination in this state in accordance
with the laws relating to the operation of a vehicle on a public
highway.
§ 503.091 ENFORCEMENT AGREEMENT. The department may
agree with an authorized official of another jurisdiction to
regulate activities and exchange information relating to the
wholesale operations of nonresident vehicle dealers.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 503.092 ACTION TO ENFORCE CHAPTER. (a) The attorney
general or a district, county, or city attorney may enforce this
chapter and bring an enforcement action in the county in which a
violation of this chapter is alleged to have occurred.
(b) A justice or municipal court has concurrent original
jurisdiction with the county court or a county court at law over an
action to enforce this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2005, 79th Leg., ch. 1128, § 1, eff. June 18, 2005.
503.093 ACTION TO ENFORCE SUBCHAPTER. (a) The
department or any interested person may bring an action, including
an action for an injunction, to:
(1) enforce a provision of Subchapter B; or
(2) prohibit a person from operating in violation of
the person's application for a general distinguishing number.
(b) A plaintiff other than the department may recover the
plaintiff's attorney's fees.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 871, § 9, eff. Sept. 1, 1997.
§ 503.094 CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this chapter.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $50 or more than $5,000.
(c) If the trier of fact finds that the person committed the
violation wilfully or with conscious indifference to law, the court
may treble the fine otherwise due as a penalty for the violation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 503.095 CIVIL PENALTY. (a) In addition to any other
penalty prescribed by this chapter, a person who violates this
chapter or a rule adopted under this chapter is subject to a civil
penalty of not less than $50 or more than $1,000.
(b) For purposes of this section, each act in violation of
this chapter and each day of a continuing violation is a separate
violation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
705.001 ALLOWING DANGEROUS DRIVER TO BORROW MOTOR
VEHICLE; OFFENSE. (a) A person commits an offense if the person:
(1) knowingly permits another to operate a motor
vehicle owned by the person; and
(2) knows that at the time permission is given the
other person's license has been suspended as a result of a:
(A) conviction of an offense under:
(i) Section 49.04, Penal Code;
(ii) Section 49.07, Penal Code, if the
offense involved operation of a motor vehicle; or
(iii) Article 6701l-1, Revised Statutes, as
that law existed before September 1, 1994; or
(B) failure to give a specimen under:
(i) Chapter 724; or
(ii) Chapter 434, Acts of the 61st
Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's
Texas Civil Statutes), as that law existed before September 1,
1995.
(b) An offense under this section is a Class C misdemeanor.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995
727.002 TAMPERING WITH ODOMETER OFFENSE
(a) A person commits an offense if the person, with intent to defraud,
disconnects or resets an odometer to reduce the number of miles
indicated on the odometer.
(b) Except as provided by Subsection (c), an offense under
this section is punishable by:
(1) confinement in the county jail for not more than
two years;
(2) a fine not to exceed $1,000; or
(3) both the confinement and fine.
(c) If it is shown on the trial of an offense under this
section that the person has previously been convicted of an offense
under this section, the offense is punishable by:
(1) confinement in the county jail for not less than 30
days or more than two years; and
(2) a fine not to exceed $2,000.
(d) In this section, "odometer" means an instrument for
measuring and recording the distance a motor vehicle travels while
in operation but does not include an auxiliary odometer designed to
be reset by the operator to record mileage on trips.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§
AND SUNDAY PROHIBITED. (a) A person may not, on consecutive days
of Saturday and Sunday:
(1) sell or offer for sale a motor vehicle; or
(2) compel an employee to sell or offer for sale a
motor vehicle.
(b) Each day a motor vehicle is offered for sale is a
separate violation. Each sale of a motor vehicle is a separate
violation.
(c) This section does not prohibit the occasional sale of a
motor vehicle by a person not in a business that includes the sale
of motor vehicles.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 728.003 CIVIL PENALTY. (a) A person who violates
Section 728.002 is subject to a civil penalty of:
(1) not more than $500 for a first violation;
(2) not less than $500 or more than $1,000 for a second
violation; or
(3) not less than $1,000 or more than $5,000 for a
third or subsequent violation.
(b) On a finding by the trier of fact that a person wilfully
or with conscious indifference violated Section
may triple the penalty due under Subsection (a).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§
general or a district, county, or municipal attorney may enforce
this subchapter and may bring an action in the county in which a
violation is alleged.
(b) The operation of a business in violation of this
subchapter is a public nuisance. Any person, including a district,
county, or municipal attorney, may obtain an injunction restraining
a violation of this subchapter. A person who obtains an injunction
under this subsection may recover the person's costs, including
court costs and reasonable attorney's fees.
(c) An employer is a necessary party to an action brought
against its employee under this section. An employer is strictly
liable for all amounts, including civil penalties, damages, costs,
and attorney's fees, resulting from a violation of Section 728.002
by its employee.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
IGNITIONS.
(a) A person commits an offense if the person sells or
offers to sell a master key knowingly designed to fit the ignition
switch on more than one motor vehicle.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $25 or more than $200.
CHAPTER 730. MOTOR VEHICLE RECORDS DISCLOSURE ACT
730.001 SHORT TITLE.
This chapter may be cited as the
Motor Vehicle Records Disclosure Act.
Added by Acts 1997, 75th Leg., ch. 1187, § 1, eff. Sept. 1, 1997.
The purpose of this chapter is to
implement 18 U.S.C. Chapter 123 and to protect the interest of an
individual in the individual's personal privacy by prohibiting the
disclosure and use of personal information contained in motor
vehicle records, except as authorized by the individual or by law.
Added by Acts 1997, 75th Leg., ch. 1187, § 1, eff. Sept. 1, 1997.
In this chapter:
(1) "Agency" includes any agency or political
subdivision of this state, or an authorized agent or contractor of
an agency or political subdivision of this state, that compiles or
maintains motor vehicle records.
(2) "Disclose" means to make available or make known
personal information contained in a motor vehicle record about a
person to another person, by any means of communication.
(3) "Individual record" means a motor vehicle record
obtained by an agency containing personal information about an
individual who is the subject of the record as identified in a
request.
(4) "Motor vehicle record" means a record that
pertains to a motor vehicle operator's or driver's license or
permit, motor vehicle registration, motor vehicle title, or
identification document issued by an agency of this state or a local
agency authorized to issue an identification document. The term
does not include:
(A) a record that pertains to a motor carrier; or
(B) an accident report prepared under Chapter 550
or 601.
(5) "Person" means an individual, organization, or
entity but does not include this state or an agency of this state.
(6) "Personal information" means information that
identifies a person, including an individual's photograph or
computerized image, social security number, driver identification
number, name, address, but not the zip code, telephone number, and
medical or disability information. The term does not include:
(A) information on vehicle accidents, driving or
equipment-related violations, or driver's license or registration
status; or
(B) information contained in an accident report
prepared under Chapter 550 or 601.
(7) "Record" includes any book, paper, photograph,
photostat, card, film, tape, recording, electronic data, printout,
or other documentary material regardless of physical form or
characteristics.
Added by Acts 1997, 75th Leg., ch. 1187, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1032, § 6, eff. Sept. 1,
2001.
INFORMATION FROM MOTOR VEHICLE RECORDS.
Notwithstanding any other
provision of law to the contrary, including Chapter 552, Government
Code, except as provided by Sections 730.005-730.007, an agency may
not disclose personal information about any person obtained by the
agency in connection with a motor vehicle record.
Added by Acts 1997, 75th Leg., ch. 1187, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1032, § 7, eff. Sept. 1,
2001.
Personal information
obtained by an agency in connection with a motor vehicle record
shall be disclosed for use in connection with any matter of:
(1) motor vehicle or motor vehicle operator safety;
(2) motor vehicle theft;
(3) motor vehicle emissions;
(4) motor vehicle product alterations, recalls, or
advisories;
(5) performance monitoring of motor vehicles or motor
vehicle dealers by a motor vehicle manufacturer;
(6) removal of nonowner records from the original
owner records of a motor vehicle manufacturer to carry out the
purposes of:
(A) the Automobile Information Disclosure Act,
15 U.S.C. Section 1231 et seq.;
(B) 49 U.S.C. Chapters 301, 305, 323, 325, 327,
329, and 331;
(C) the Anti Car Theft Act of 1992, 18 U.S.C.
Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C.
Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all
as amended;
(D) the Clean Air Act, 42 U.S.C. Section 7401 et
seq., as amended; and
(E) any other statute or regulation enacted or
adopted under or in relation to a law included in Paragraphs
(A)-(D); or
(7) child support enforcement under Chapter 231,
Family Code.
Added by Acts 1997, 75th Leg., ch. 1187, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1023, § 72, eff. Sept. 1,
2001.
Personal
information obtained by an agency in connection with a motor
vehicle record shall be disclosed to a requestor who demonstrates,
in such form and manner as the agency requires, that the requestor
has obtained the written consent of the person who is the subject of
the information.
Added by Acts 1997, 75th Leg., ch. 1187, § 1, eff. Sept. 1, 1997.
(a) Personal
information obtained by an agency in connection with a motor
vehicle record may be disclosed to any requestor by an agency if the
requestor:
(1) provides the requestor's name and address and any
proof of that information required by the agency; and
(2) represents that the use of the personal
information will be strictly limited to:
(A) use by:
(i) a government agency, including any
court or law enforcement agency, in carrying out its functions; or
(ii) a private person or entity acting on
behalf of a government agency in carrying out the functions of the
agency;
(B) use in connection with a matter of:
(i) motor vehicle or motor vehicle operator
safety;
(ii) motor vehicle theft;
(iii) motor vehicle product alterations,
recalls, or advisories;
(iv) performance monitoring of motor
vehicles, motor vehicle parts, or motor vehicle dealers;
(v) motor vehicle market research
activities, including survey research; or
(vi) removal of nonowner records from the
original owner records of motor vehicle manufacturers;
(C) use in the normal course of business by a
legitimate business or an authorized agent of the business, but
only:
(i) to verify the accuracy of personal
information submitted by the individual to the business or the
agent of the business; and
(ii) if the information is not correct, to
obtain the correct information, for the sole purpose of preventing
fraud by, pursuing a legal remedy against, or recovering on a debt
or security interest against the individual;
(D) use in conjunction with a civil, criminal,
administrative, or arbitral proceeding in any court or government
agency or before any self-regulatory body, including service of
process, investigation in anticipation of litigation, execution or
enforcement of a judgment or order, or under an order of any court;
(E) use in research or in producing statistical
reports, but only if the personal information is not published,
redisclosed, or used to contact any individual;
(F) use by an insurer or insurance support
organization, or by a self-insured entity, or an authorized agent
of the entity, in connection with claims investigation activities,
antifraud activities, rating, or underwriting;
(G) use in providing notice to an owner of a towed
or impounded vehicle;
(H) use by a licensed private investigator agency
or licensed security service for a purpose permitted under this
section;
(I) use by an employer or an agent or insurer of
the employer to obtain or verify information relating to a holder of
a commercial driver's license that is required under 49 U.S.C.
Chapter 313;
(J) use in connection with the operation of a
private toll transportation facility;
(K) use by a consumer reporting agency, as
defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et
seq.), for a purpose permitted under that Act; or
(L) use for any other purpose specifically
authorized by law that relates to the operation of a motor vehicle
or to public safety.
(b) The only personal information an agency may release
under this section is the individual's:
(1) name and address;
(2) date of birth; and
(3) driver's license number.
(c) This section does not:
(1) prohibit the disclosure of a person's photographic
image to:
(A) a law enforcement agency or a criminal
justice agency for an official purpose; or
(B) an agency of this state investigating an
alleged violation of a state or federal law relating to the
obtaining, selling, or purchasing of a benefit authorized by
Chapter 31 or 33, Human Resources Code; or
(2) prevent a court from compelling by subpoena the
production of a person's photographic image.
(d) Personal information obtained by an agency in
connection with a motor vehicle record shall be disclosed to a
requestor by an agency if the requestor:
(1) provides the requestor's name and address and any
proof of that information required by the agency; and
(2) represents that the intent of the requestor is to
use personal information in the motor vehicle record only for the
purpose of preventing, detecting, or protecting against personal
identity theft or other acts of fraud and provides any proof of the
requestor's intent required by the agency.
(e) If the agency determines that the requestor intends to
use personal information requested under Subsection (d) only for
the represented purpose, the agency shall release to the requestor
any requested personal information in the motor vehicle record.
Added by Acts 1997, 75th Leg., ch. 1187, § 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1032, § 7, eff. Sept. 1,
2001.
PROHIBITED.
Notwithstanding any other provision of this chapter,
if an agency obtains an image of an individual's thumb or finger in
connection with the issuance of a license, permit, or certificate
to the individual, the agency may:
(1) use the image only:
(A) in connection with the issuance of the
license, permit, or certificate; or
(B) to verify the identity of an individual as
provided by Section
(2) disclose the image only if disclosure is expressly
authorized by law.
Added by Acts 1997, 75th Leg., ch. 1187, § 1, eff. Sept. 1, 1997.
Amended by Acts 2005, 79th Leg., ch. 1108, § 6, eff. Sept. 1,
2005.
Unless a fee is imposed by law, an
agency that has obtained information in connection with a motor
vehicle may adopt reasonable fees for disclosure of that personal
information under this chapter.
Added by Acts 1997, 75th Leg., ch. 1187, § 1, eff. Sept. 1, 1997.
(a) In addition to the
payment of a fee adopted under Section 730.011, an agency may
require a requestor to provide reasonable assurance:
(1) as to the identity of the requestor; and
(2) that use of the personal information will be only
as authorized or that the consent of the person who is the subject
of the information has been obtained.
(b) An agency may require the requestor to make or file a
written application in the form and containing any certification
requirement the agency may prescribe.
Added by Acts 1997, 75th Leg., ch. 1187, § 1, eff. Sept. 1, 1997.
CHAPTER 685. RIGHTS OF OWNERS AND OPERATORS OF STORED VEHICLES
685.001 DEFINITIONS.
In this chapter:
(1) "Vehicle storage facility" has the meaning
assigned by Chapter 2303, Occupations Code.
(2) "Parking facility," "towing company," and
"vehicle" have the meanings assigned by Section 684.001.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1276, § 14A.840, eff. Sept. 1,
2003.
685.002 PAYMENT OF COST OF REMOVAL AND STORAGE OF
VEHICLE.
(a) If in a hearing held under this chapter the court
finds that a person or law enforcement agency authorized, with
probable cause, the removal and storage in a vehicle storage
facility of a vehicle, the person who requested the hearing shall
pay the costs of the removal and storage.
(b) If in a hearing held under this chapter the court does
not find that a person or law enforcement agency authorized, with
probable cause, the removal and storage in a vehicle storage
facility of a vehicle, the person or law enforcement agency that
authorized the removal shall:
(1) pay the costs of the removal and storage; or
(2) reimburse the owner or operator for the cost of the
removal and storage paid by the owner or operator.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept. 1,
1997.
685.003 RIGHT OF OWNER OR OPERATOR OF VEHICLE TO
HEARING.
The owner or operator of a vehicle that has been removed
and placed in a vehicle storage facility without the consent of the
owner or operator of the vehicle is entitled to a hearing on whether
probable cause existed for the removal and placement.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff.Sept. 1, 1997.
685.004 JURISDICTION.
A hearing under this chapter
shall be in the justice court having jurisdiction in the precinct in
which the vehicle storage facility is located.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 669, § 144, eff. Sept. 1, 2001;
Acts 2005, 79th Leg., ch. 737, § 4, eff. Sept. 1, 2005.
685.005 NOTICE TO VEHICLE OWNER OR OPERATOR.
(a) If before a hearing held under this chapter the owner or operator of a
vehicle pays the costs of the vehicle's removal or storage, the
towing company or vehicle storage facility that received the
payment shall at the time of payment give the owner or operator
written notice of the person's rights under this chapter.
(b) The operator of a vehicle storage facility that sends a
notice under Subchapter D, Chapter 2303, Occupations Code, shall
include with that notice a notice of the person's rights under this
chapter.
Added by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept.
1, 1997. Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.841,
eff. Sept. 1, 2003.
685.006 CONTENTS OF NOTICE.
The notice under Section
685.005 must include:
(1) a statement of:
(A) the person's right to submit a request within
14 days for a court hearing to determine whether probable cause
existed to remove the vehicle;
(B) the information that a request for a hearing
must contain; and
(C) any filing fee for the hearing;
(2) the name, address, and telephone number of the
towing company that removed the vehicle;
(3) the name, address, and telephone number of the
vehicle storage facility in which the vehicle was placed;
(4) the name, address, and telephone number of the
person, property owner, or law enforcement agency that authorized
the removal of the vehicle; and
(5) the name, address, and telephone number of the
justice court having jurisdiction in the precinct in which the
vehicle storage facility is located.
Added by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept.
1, 1997. Amended by Acts 2005, 79th Leg., ch. 737, § 5, eff.
Sept. 1, 2005.
685.007 REQUEST FOR HEARING.
(a) Except as provided
by Subsection (c), a person entitled to a hearing under this chapter
must deliver a written request for the hearing to the court before
the 14th day after the date the vehicle was removed and placed in
the vehicle storage facility, excluding Saturdays, Sundays, and
legal holidays.
(b) A request for a hearing must contain:
(1) the name, address, and telephone number of the
owner or operator of the vehicle;
(2) the location from which the vehicle was removed;
(3) the date when the vehicle was removed;
(4) the name, address, and telephone number of the
person or law enforcement agency that authorized the removal;
(5) the name, address, and telephone number of the
vehicle storage facility in which the vehicle was placed;
(6) the name, address, and telephone number of the
towing company that removed the vehicle;
(7) a copy of any receipt or notification that the
owner or operator received from the towing company or the vehicle
storage facility; and
(8) if the vehicle was removed from a parking
facility:
(A) one or more photographs that show the
location and text of any sign posted at the facility restricting
parking of vehicles; or
(B) a statement that no sign restricting parking
was posted at the parking facility.
(c) If notice was not given under Section 685.005, the
14-day deadline for requesting a hearing under Subsection (a) does
not apply, and the owner or operator of the vehicle may deliver a
written request for a hearing at any time.
(d) A person who fails to deliver a request in accordance
with Subsection (a) waives the right to a hearing.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Transportation Code § 685.005 and
amended by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept.
1, 1997.
685.008 FILING FEE AUTHORIZED.
The court may charge a
filing fee of $20 for a hearing under this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Transportation Code § 685.006 and
amended by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept.
1, 1997; Acts 2005, 79th Leg., ch. 737, § 6, eff. Sept. 1, 2005.
685.009 HEARING.
(a) A hearing under this chapter
shall be held before the 10th working day after the date the court
receives the request for the hearing.
(b) The court shall notify the person who requested the
hearing and the person or law enforcement agency that authorized
the removal of the vehicle of the date, time, and place of the
hearing by registered or certified mail. The notice of the hearing
to the person or law enforcement agency that authorized the removal
of the vehicle shall include a copy of the request for hearing.
(b-1) At a hearing under this section:
(1) the burden of proof is on the person who requested
the hearing; and
(2) hearsay evidence is admissible if it is considered
otherwise reliable by the justice of the peace.
(c) The issues in a hearing under this chapter are:
(1) whether probable cause existed for the removal and
placement of the vehicle;
(2) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount authorized by the political subdivision under
Section 643.201 or 643.203;
(3) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount authorized under Section 643.204 or 643.205; or
(4) whether a towing charge imposed or collected in
connection with the removal or placement of the vehicle was greater
than the amount filed with the department under Section 643.207.
(d) The court shall make written findings of fact and a
conclusion of law.
(e) The court may award:
(1) court costs to the prevailing party;
(2) the reasonable cost of photographs submitted under
Section 685.007(b)(8) to a vehicle owner or operator who is the
prevailing party; and
(3) an amount equal to the amount that the towing
charge exceeded fees regulated by a political subdivision or
authorized by this code or by Chapter 2303, Occupations Code.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Transportation Code § 685.007 and
amended by Acts 1997, 75th Leg., ch. 165, § 30.159(a), eff. Sept.
1, 1997; Acts 2003, 78th Leg., ch. 1034, § 17, eff. Sept. 1,
2003; Acts 2005, 79th Leg., ch. 737, § 7, eff. Sept. 1, 2005.
685.010 APPEAL. An appeal from a hearing under this
chapter is governed by the rules of procedure applicable to civil
cases in justice court, except that no appeal bond may be required
by the court.
Added by Acts 2005, 79th Leg., ch. 737, § 8, eff. Sept. 1, 2005.