Current through Reg. 49, No. 12; March 22, 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.
(e) General Application Requirements. All
individual applicants must provide a current finger-print based criminal
history record check from the Texas Department of Public Safety. All applicants
must meet the requirements set forth in the Act and any rules and regulations
promulgated by the Texas Department of Motor Vehicles.
(1) Additional Requirements for Motor Vehicle
Title Service License.
(A) Applicants shall
also provide a "doing business as" (DBA) certificate, or articles of
incorporation; and any additional information requested by the County Tax
Assessor-Collector's Office to establish the business reputation and character
of the applicant. Applicants must provide a physical address. No license will
be issued to a company or individual whose address is a Post Office
Box.
(B) The operator of a motor
vehicle title service company will provide the company name, as well as the
names of all officers, directors, partners, and individuals who have an
ownership interest in that company. The motor vehicle title service company
shall assume the responsibility for the accuracy and validity of all documents
presented to the County Tax Assessor-Collector under its name.
(C) All persons with an ownership interest in
a motor vehicle title service company are subject to the requirements of the
Act and must be individually licensed under its terms and conditions.
(D) A licensed motor vehicle title service
company or full service deputy must authorize all individuals who will submit
paperwork on its behalf. Individuals whose names are not on file as agents of a
title service company or full service deputy will not be allowed to conduct any
title service business on behalf of that company or deputy.
(2) Additional Requirements for
Title Service Runner License.
(A) Runners must
be identified and sponsored by a motor vehicle title service company, or a full
service deputy, in order to conduct business on its behalf. Only full service
deputies or persons that have been granted a motor vehicle title service
license can authorize a runner. The required documents for any runner who is
authorized as an agent of a title company must be on file with each service
company for which the runner is an authorized agent.
(B) Runners must fulfill all requirements set
forth in the Act and any rules and regulation promulgated by the Texas
Department of Motor Vehicles, as well as any additional requirements of the
County Tax Assessor-Collector's Office to establish the business reputation and
character of the applicant.
(C) Any
unlicensed individual observed conducting frequent motor vehicle title
transactions on behalf of others, and who claims not to be receiving any
compensation for such activities, shall be required to complete an affidavit
stating that he or she is not receiving compensation for conducting motor
vehicle title transactions. The affidavit shall be notarized and forwarded to
the appropriate enforcement agencies by a deputy of the County Tax
Assessor-Collector.
(D) Licenses
for runners of a full service deputy are only valid so long as the full service
deputy is authorized to operate as a deputy in Travis County.
(3) Process for License Approval,
Renewal and Reinstatement.
(A) Applicants for
a license shall complete and submit the form(s) approved by the Tax Assessor
Collector for the particular license and shall submit the necessary form(s),
including all required documentation, to the designated person or location. All
information shall be complete and accurate. Knowingly submitting false
information in connection with an application may subject the applicant to
criminal liability, in addition to suspension or revocation of the applicant's
license.
(B) Applications will be
reviewed for compliance and appropriateness for a license by the Tax Assessor
Collector's designee ("Designee").
(C) After submission of a fully completed
application, applicants will be contacted by mail, email or phone, typically
within ten (10) working days of the recommendation of the Designee regarding
the approval, renewal or reinstatement of a license. If all of the required
information was not included or if the information was otherwise insufficient
to make a determination, the Designee may recommend denial of the license or
request additional information at his/her discretion.
(D) Once an application has been recommended
for approval by the Designee, it still must receive final approval by the Tax
Assessor Collector to be valid. If approved, the applicant will receive notice
and will be instructed to report to the office of the County Tax
Assessor-Collector to pick up a Letter of Authorization ("License"). If the
application is not approved, the applicant will receive a Notice of Intent to
deny the application and may begin the Appeal Process. See Subsection (g) of
this section below.
(f) The Review Board.
(1) The County Tax-Assessor-Collector shall
appoint a three-member Review Board to review any appeal of a Notice of Intent
to deny, suspend, revoke or reinstate a license. The Review Board shall consist
of a deputy or employee from the County Tax Assessor-Collector's office who
deals with motor vehicle registration; a member selected from law enforcement,
and a community representative who may, but is not required to be active in the
motor title service industry. Appointments will last two years and replacements
will be selected on a staggered basis.
(2) The Review Board shall meet as needed at
a time and place determined by the County Tax Assessor-Collector.
(3) A quorum of two members of the Review
Board must be present to render a decision. No proxy votes will be
allowed.
(4) The County Tax
Assessor-Collector shall appoint a member of the Review Board to chair meetings
of the Review Board.
(5) A majority
vote of members present at a meeting of the Review Board shall determine the
outcome of matters under consideration.
(6) All decisions of the Review Board shall
be subject to final review by the County Tax Assessor-Collector.
(7) If a member is absent for three
consecutive meetings, the County Tax Assessor-Collector may, in his or her
discretion, remove the member and appoint a new member to serve the remainder
of the term.
(8) If a member
resigns, the County Tax Assessor-Collector shall appoint a new member to serve
the remainder of the term.
(g) The Appeal Process.
(1) The County Tax Assessor-Collector's
Designee will send a letter by registered or certified mail at the address in
the holder's application of any intended action to deny an application or to
revoke or suspend a holder's License ("Notice of Intent"), stating the facts or
conduct alleged to warrant the action.
(2) A person who receives a Notice of Intent
may submit a written request for appeal to the County Tax Assessor-Collector
within 20 calendar days from the date of such notice, and must include a
written response to the Notice of Intent, including any evidence, in the form
of documents or sworn affidavit testimony, that would demonstrate that person's
compliance with all applicable Texas statutes, agency regulations, and these
Rules. If a request for appeal is not made in a timely manner, the holder's
License shall be automatically denied, revoked, or suspended without further
notice.
(3) Upon receipt of a
timely request for an appeal, the County Tax Assessor-Collector will request
review by the Review Board. All evidence shall be submitted in writing in order
to expedite the Appeal Process. The Designee will forward a copy of the
application (if applicable), all information received from the applicant or
license holder, any other information considered by the Designee and the Tax
Assessor-Collector, and a copy of the Notice of Intent to the Review Board as
the "Record" to be reviewed.
(4)
The Review Board will review the Record and make a recommendation to the County
Tax Assessor-Collector stating whether the Review Board agrees or disagrees
with the action taken.
(5) The
Chair of the Review Board may limit or discard evidence that he or she finds is
not material or relevant or is unduly repetitious. The Review Board shall
review the Record in making any factual decisions that support its
recommendation and shall not conduct an independent investigation into the
underlying facts. However, the Review Board may request additional information
from the applicant or the Designee.
(6) The Review Board may recommend other
disciplinary action than the proposed adverse action.
(7) The recommendation of the Review Board
will be forwarded to the Tax Assessor- Collector for his/her final review and
determination. The proposed adverse action will be stayed until such final
determination is made.
(8) Notice
of the Tax Assessor-Collector's decision and the disposition of the appeal
shall be sent to the license holder by certified or registered mail at the
address contained in the holder's application or in the holder's request for an
appeal.
(h) License
Reinstatement.
(1) The Review Board will, to
the extent possible, examine all license suspensions before the end of the
suspension period. The Review Board will make a recommendation to the County
Tax Assessor-Collector as to whether the individual or company should have the
license reinstated.
(2) The County
Tax Assessor-Collector shall review the Board's recommendation and render a
final decision.
(3) A person whose
license has been revoked may not apply for reinstatement or a new license
before the first anniversary of the date of revocation.
(i) Factors Considered for Denial,
Suspension, or Revocation of Application for License, and for Renewal or
Reinstatement of a License.
(1) The County Tax
Assessor-Collector or his/her Designee has the authority to review any
complaints regarding a Motor Vehicle Title Service Company or Motor Vehicle
Title Runner licensed by the Tax Assessor-Collector. Complaints should be
submitted in writing to the County Tax Assessor-Collector's Office and include
supporting factual information and/or documentation.
(2) A license is not valid until an
application receives final approval by the Tax Assessor-Collector. Under
Section 520.059 of the Act, the County Tax Assessor-Collector may deny,
suspend, revoke or reinstate a license at his or her discretion. Grounds to
disqualify an individual from being licensed under these Rules may include, but
are not limited to, the following:
(A) Failure
to meet all of the license requirements set forth in the Act and any rules and
regulations promulgated by the Texas Department of Motor Vehicles and/or Texas
Department of Transportation, or failure to provide information requested by
the County Tax Assessor-Collector.
(B) Submitting incomplete, false or
misleading information on the application form or any supporting
documents.
(C) Conviction or
deferred adjudication of a felony;
(D) Conviction or deferred adjudication of a
crime of moral turpitude for which the completion date of the applicant's
sentence is less than five years from the date of the application.
(E) Any criminal history or other information
that would call into question the business reputation or character of the
applicant in the Tax Assessor-Collector's discretion.
(F) Any violation of the Act, these Rules, or
the administrative procedures promulgated by the County Tax Assessor-Collector,
the Texas Department of Motor Vehicles or the Texas Department of
Transportation, including, but not limited to:
(i) Failure to maintain records under Section
520.057 of the
Transportation Code; or
(ii)
Failure to permit inspection of records as required by Section 520.028 of the
Transportation Code.
(G)
Previous suspensions or revocations of the applicant's Motor Vehicle Title
Service License or Title Service Runner License by any County Tax
Assessor-Collector's office.
(H)
Previous offenses under Section 520.061 of the Act, failure to timely pay any
fines or penalties for such offenses, or previous injunctions under Section
520.062 of the Act.
(I) Submitting
vehicle document packets that are found to contain false information and the
false information is determined to have been knowingly or intentionally
submitted by the license holder.
(J) A Title Service Runner is subject to
License suspension or revocation if the Runner presented a title packet to the
County Tax Assessor-Collector that was not authorized by a full service deputy
or licensed Motor Vehicle Title Service company; altered or forged the original
paperwork prepared for and signed by the full service deputy or Motor Vehicle
Title Service company; or presented documents bearing an unauthorized
signature.
(K) The County Tax
Assessor-Collector has the right to summarily revoke any license upon
notification of the license holder's conviction or deferred adjudication of a
felony, a crime of moral turpitude, or an offense under Section 520.061 of the
Act.
(L) The County Tax
Assessor-Collector may suspend or revoke a Motor Vehicle Title Service
Company's License for acts in violation of these rules or other law committed
by a Title Service Runner employed or contracted by such company, if the County
Tax Assessor-Collector also suspends or revokes the license of the at-fault
Title Service Runner.
(M) The
County Tax Assessor-Collector may take disciplinary action appropriate to the
circumstances. For example and without limitation, a 90-day suspension, a
180-day suspension, or revocation.
(j) Annual Renewal; Fees. Licenses must be
renewed annually and will automatically expire on the anniversary of the date
of issuance. Applicants for renewal or reinstatement must meet all original
requirements. Non-refundable annual fees for licenses shall be as follows:
(1) The fee for a Motor Vehicle Title Service
Company License shall be $350.00 for the first year and $300.00 per year each
year thereafter.
(2) The annual fee
for a Title Service Runner License shall be $170.00 for the first year and
$150.00 per year each year thereafter.
(3) The fee for replacing a lost license
shall be $10.00.
(4) If a
previously licensed applicant's license has been expired for 90 days or less,
the applicant must pay 1.5 times the renewal fee set forth above. If a license
has been expired for more than 90 days but less than one year, the applicant
must pay 2 times the renewal fee set forth above. If any license has been
expired for more than a year, it may not be renewed; the applicant must obtain
a new license.
(5) If a person was
licensed, but moved to another state, and has been doing business in the other
state for the two years preceding the application, that person may renew an
expired license and must pay 2 times the renewal fee set forth above.
(k) Policies for Conducting
Transactions.
(1) A valid copy of the current
License issued by the Tax Assessor-Collector must be presented to the County
Tax Assessor-Collector at the time of each transaction. A Tax
Assessor-Collector vehicle transaction form must accompany all motor vehicle
title service transactions. The motor vehicle title service company officer or
operator shall print and sign his or her name in the space provided, and fill
in his or her company authorization number in the space provided.
(2) The individual preparing the document
will print and sign his or her name in the space provided. That person will
also fill in the identifier from his or her Texas driver's license number or
valid government-issued photo identification. Photo identification must be
available for each transaction.
(3)
All runners processing documents at the office of the County Tax Assessor-
Collector shall print and sign their names in the spaces provided. Runners
shall also fill in their County Tax Assessor-Collector authorization number in
the appropriate block.
(4) In the
space labeled Description of Vehicles, the title service company must list and
identify all transactions as transfer of ownership, renewal or replacement of
license plates or registration sticker. Each vehicle make, model, year and
vehicle identification number must be printed legibly. Only the vehicles
authorized by a licensed motor vehicle title service company can be included on
the form. 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 company will
be processed.
(5) After the final
vehicle transaction on each transaction form is completed, a copy of the
transaction form will be made and given to the runner.
(l) Record Keeping. Under Sections 520.057
and 520.058 of the Act, all Title Companies must adhere to record keeping and
record availability standards.
(m)
Amendment Process. The County Tax Assessor-Collector reserves the right to
amend these rules as deemed necessary.