Texas law relies generally on the principles outlined in Hanna v. Lott. If a vehicle has been totally destroyed, no additional recovery is allowed for the unavailability or loss of use of the property while it is being replaced. I believe I have previously forwarded you a copy of Hanna v. Lott.
Insurance companies often take the position that no matter when the determination is made, a total loss is a total loss and the claimant is entitled to no more than the value of the vehicle (and that loss of use damages would therefore not be allowed).
The Mondragon v. Austin case points out that this can result in the inequitable outcome that damages are limited in a total destruction case to the value of the vehicle but cost of repairs plus loss of use damages in a non-total loss case can result in damages that exceed the value of the vehicle. The court states, however that “the difference in the rules exists, however, because courts assume that a person does not suffer loss of use damages when a car is a total loss. Courts assume that the car can be replaced immediately. In contrast, we assume a partially damaged car, while repairable, cannot be repaired immediately.”
It is important to point out that Mondragon v. Austin does not deal with a totalloss situation. In that case, the Defendant stipulated that the appropriate measure of loss of use damages was the value of the car rented on a daily basis. The Defendant also stipulated to the cost of repairs to the vehicle.
There was no evidence of, and no contention on anyone’s part, that the vehicle had been totally destroyed.
The court only states in dicta “we believe the better policy might be to reconsider permitting loss of use damages in total destruction cases.” The very fact that the court says “reconsider” suggests that the court is conceding that Texas law does not permit recovery of loss of use damages in total loss situations.
Likewise, the older case Alexander Schroeder Lumber Company v. Merritt case from 1959 does not indicate that it deals with a total loss case. It, from all appearances, deals with a scenario where a cost of repairs measurement was used where the vehicle was not a total loss. That is why cost of repairs were also allowed.
The clear message from all of this is that you should always try to make an early determination that a vehicle is a total loss if it appears that the cost to repair plus loss of use damages is going to exceed the total value of the vehicle if considered totaled.
It is not then necessary to pay loss of use damages in a total loss situation. The law in effect presumes that a vehicle that has sustained a total loss is immediately replaceable. Insurers can take the position that it does not matter when the determination is made that the vehicle is a total loss, as long as it is made. Obviously, the sooner the determination is made, the better and the more defensible the position would be.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Motor Vehicle Title Manual i TxDMV April 2015
TABLE OF CONTENTS
Chapter 1 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1
1.1 Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1
1.2 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1
1.3 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
1.4 Conflicts with Business & Commerce Code Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
Chapter 2 Administration and Transaction Handling Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
2.1 Department Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Rules; Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Processing Of Application; Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Customer Inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Release of Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Requests from Incarcerated Individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Vehicle Record (History) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
2.2 County Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Duty of and Responsibilities of County Assessor-Collector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Violation by County Assessor-Collector; Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
2.3 Rejected Title Transactions/Rejection Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
Retention of Rejected Title Transaction Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-4
2.4 Rejection Requests After Title Issuance (Revocation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5
Correction to Information Printed on the Title is Necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5
No Correction to Information Printed on the Title is Necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5
2.5 Lost Title Transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5
2.6 Title Transaction Documents – Assembly Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-5
Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6
2.7 Specially Marked Envelopes – Assembly Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7
Important Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7
Examples of Unique Transaction Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-7
Apportioned RPO Envelope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-7
NMVTIS Envelope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-7
Red Flag Envelope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-7
Special Handling Envelope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-7
Specialty Plates Envelope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-8
Mailing Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-8
2.8 Title Package Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-8
Chapter 3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1
3.1 Collection and Disposition of Title Application Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1
3.2 Certain Military Personnel Exempt From Title Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
Hostile Fire Zones as Designated by the Secretary of Defense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
Military Orders Example . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-5
3.3 Delinquent Transfer Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-7
Transfer Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-7
Motor Vehicle Title Manual ii TxDMV April 2015
Table of Contents
Filing Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-7
Filing Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-7
Determining Date of Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-8
Penalty Amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-8
General Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-8
Motor Vehicle Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-8
Seller-Financed Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-8
Military Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-8
Collection of Delinquent Transfer Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-9
Out of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-9
Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-9
Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Transfers by Operation of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Applications for Corrected Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Insurance companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Salvage Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Non-titled vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-10
Rejected Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
3.4 Allocation of Transfer Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
3.5 Nonrepairable or Salvage Vehicle Title Application Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
3.6 Rebuilt Salvage Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
3.7 Title Fee Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
Chapter 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1
4.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1
4.2 Remarks/Brands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-5
Chapter 5 Certificate of Title Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
5.1 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
5.2 History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
Effective Dates: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
Re-Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-2
5.3 Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-2
5.4 Motor Vehicle Title Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3
Retail Purchasers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
Non Titled Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
Farm Tractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
Distinguishing Plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
Machinery Plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-4
Permit Plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-4
5.5 Trailers and Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-4
Evidence of ownership required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-4
Out of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-5
Details and Clarifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-5
5.6 Farm Trailers and Farm Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5
Title Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5
5.7 Issuance of Title to Government Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5
State Government Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6
Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-6
Dealer Owned School District Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-6
Leased Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-6
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Unconventional Machinery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-6
Fire Fighting Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-7
Civil Air Patrol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-7
Volunteer Ambulance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-7
Texas Facilities Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-7
5.8 Federal Government Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-7
Vehicles Leased from the Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-8
Local Government Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-8
Private Mail Carriers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-8
5.9 Office of Foreign Missions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8
5.10 Alias Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-8
5.11 Sale or Offer without Title Receipt or Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-9
Chapter 6 Application and Issuance of Motor Vehicle Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1
6.1 Application for Texas Title (Form 130-U) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-1
Required Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-2
Make of Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-3
Vehicle Identification Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-3
Current Texas License Plate Number and Month and Year of Expiration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-3
Year Model . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-3
Body Style . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-4
Gross Vehicle Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-4
Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-4
Odometer Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-5
Previous Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-5
Legal Name of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-6
Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-6
Same Name for Owner and Lienholder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-6
Stamps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-6
Lessee and Lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-6
Address of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-7
Address Confidentiality Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-7
Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-8
One Document for Multiple Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-8
Title Application Receipt Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-8
6.2 Place of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-9
6.3 Personal Identification Information for Obtaining Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-9
Acceptable Form of Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-9
Use of Federal Employer Identification/Employer Identification Number (FEIN/EIN) . . . . . . . . . . . . . . . . . . . 6-10
Authority to Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-11
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-11
Dealer Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-11
Social Security Number of Title Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-12
6.4 Financial Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-12
Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-12
Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-12
6.5 Acceptable Proof of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13
Non-negotiable “Duplicate Original” Certificates of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13
Lien Recorded on a Negotiable Texas Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-13
Non-negotiable Title for Registration Purposes Only (RPO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-13
Use of Title or Registration Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13
6.6 Title Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-13
Form VTR-131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-14
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Insurance Company Title Application on Paid Claim Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-15
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-15
6.7 Registration Purposes Only (RPO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-15
Use of Title or Registration Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-15
Application for Registration Purposes Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-15
Application Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-16
Form VTR-272 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-16
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-16
Out of State Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-16
Apprehended Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-16
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-16
Approval of the Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-17
Vehicles Located Out of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-17
Issued to Texas Licensed Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-17
Foreign/Imported Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-17
Correction of Registration Purposes Only Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-18
Older Non-negotiable Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-18
Application for Negotiable Texas Title after Issuance of Registration Purposes Only . . . . . . . . . . . . . . . . . . . . 6-18
Non-Negotiable Titles Issued by Other States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-18
6.8 Issuance of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-18
Automatic Title Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-19
Encumbered Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-19
Unencumbered Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-19
Signature of Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-19
6.9 Title Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-19
6.10 Duplicate Title Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-20
6.11 Alteration of Certificate or Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-20
6.12 Stop Title Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-20
Temporary Hold Title Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-21
6.13 Revocation Affidavits – First Sale Title Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-21
6.14 Corrected Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-23
6.15 Undeliverable/Returned Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-23
6.16 Electronic Titling System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-23
Chapter 7 Corrections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1
7.1 Statements of Fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-1
Altered Date of Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
7.2 Corrected Manufacturer’s Certificate of Origin (MCO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
Incorrect Vehicle Identification Number (VIN) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
Incorrect Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-2
7.3 “Title Rejected” Corrections (Formerly “Resubmits”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3
7.4 Corrected Texas Certificates of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3
Processing Corrected Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3
No Charge Corrected Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-3
Record Showing Prior CCO Issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-5
Processing Correction on an ELT Record with an Error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-5
Wrong Lienholder Recorded on an ELT Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-5
7.5 Incorrect Lien Recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-6
7.6 Name Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-6
7.7 Two-Chain Record of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-6
Removing Duplicate Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-6
VIN in Error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-6
7.8 Owner’s Record Superseded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-7
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7.9 Switched Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-7
Incorrect Entries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-7
Switched MCOs and One Vehicle Titled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-7
Switched MCOs and Both Vehicles Titled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-7
7.10 Vehicle Description Corrections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-7
7.11 Motor and Permanent VIN Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
MCO in Error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Errors of VIN Characters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Out of State Vehicles (One or Two VIN Characters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
Out of State Vehicles (More than Two VIN Characters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
Error on Out of State Evidence (One or Two Characters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
Physically Altered VINS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
Lack of Basic Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
7.12 Out of State Make, Year Model, and Body Style Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-9
7.13 Commercial Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-10
Converted Passenger Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-10
Pickup Trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-10
Station Wagons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-11
Trucks Converted to Truck Tractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-11
Truck Tractors Converted Into Trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-11
Truck Tractors Converted To Passenger Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7-12
7.14 Optional Classification Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12
7.15 Buses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12
7.16 Adjusting Weights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12
Chapter 8 Refusal/Denial of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1
8.1 Grounds for Refusal to Issue, or for Revocation or Suspension of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-1
Rejections due to Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
Stolen Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
8.2 Appeal Hearings for Title Refusal to Issue or Revocation or Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-2
8.3 Tax Assessor-Collector Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-3
Insufficient evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-3
Title Refused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-3
Holding a Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-4
Documentation Lacking for Title Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-5
Hearings after Department Rejection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-5
8.4 Bonded Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-5
Filing of Bond as Alternative to Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-6
Initial Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-6
Final Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-6
Ineligible Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-7
Review of Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-7
Rejection Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-8
Identification Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-8
Determining Vehicle Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-8
Vehicle Value Undetermined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-9
Brands and Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-9
Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9
Suspended or Revoked Existing Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-10
County Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-10
Late Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-11
Require Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-11
Fee Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-12
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Assemble the Transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-12
Maintenance of Original Surety Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-12
Lost Bonded Title Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-13
Receivership or Liquidation of Surety Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-13
8.5 Denial for Failure to Provide Proof of Emissions Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-13
Requirement, Proof, and Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-13
8.6 Denial for Safety Responsibility Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-13
Chapter 9 Transfer of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
9.1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
9.2 Sale of Vehicle; Transfer of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1
Sale or Offer without Title Receipt or Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2
9.3 Title Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2
Joint Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2
Bills of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2
Attorneys and Executors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
Repossessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
Court Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
Judicial Bill Of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
Abandoned Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
Purchase and Merger of Firms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3
9.4 Dealer Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4
Form VTR-41-A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4
Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4
9.5 Filing By Purchaser; Application For Transfer Of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-5
Transfer Fee; Late Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-5
9.6 Emissions Test on Resale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-5
Affected County (or non-attainment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6
Emissions Test on Resale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6
Proof of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6
Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6
9.7 Delivery of Receipt and Title to Purchaser of Used Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7
9.8 Vehicle Transfer Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7
Notification of Vehicle Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-8
9.9 Violations and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-9
Sales in Violation of Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-9
Execution of Transfer Documents; Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-9
General Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-9
Chapter 10 Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1
10.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1
10.2 Manufacturer’s Certificate of Origin (MCO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1
Required on First Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-1
Required Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-2
Manufacturer’s Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-3
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-3
Name and Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-3
Description of Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-3
Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-3
House Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-5
Travel Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-6
Motorcycles, Mopeds, Motor Scooters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-6
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Buses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-6
Gross Vehicle Weight Rating (GVWR) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-6
Signature of the Manufacturer’s Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-7
Back of Manufacturer’s Certificate of Origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-7
Rejected Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-8
Transactions Over Two Years Old . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-8
Oil Company Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-8
10.3 Bill of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-9
10.4 Form 97, US Government Certificate to Title a Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Texas Dealer Purchaser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Texas Title with Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Missing Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
Donated Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-10
10.5 Importer’s Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-11
Chapter 11 Signature – Authority to Sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1
11.1 Names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1
Legal Name and Signature Consistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1
Joint ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2
Rights of Survivorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2
11.2 Signature Formats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2
Joint Owners/Power of Attorney/Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3
Business Entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-3
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-5
Application for Title Signed by a Trustee and Authority Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-5
11.3 Powers of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-6
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-6
Returning a Power-of-Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-7
General Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-7
Durable Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-8
Limited Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-8
Death of a Grantor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-8
Executor or Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-8
Two or More Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9
Firms, Associations, or Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9
Two or More Persons as Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9
Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9
11.4 Secure Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9
Power of Attorney to Transfer Ownership and to Disclose Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-9
Power of Attorney to Review Title Documents and Acknowledge Disclosure . . . . . . . . . . . . . . . . . . . . . . . . 11-10
Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-10
11.5 Limited Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-10
“Balloon-note Due” Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-13
Specifics of the Limited POA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-13
Acceptance of the limited POA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11-13
Uncommon Circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-13
Use of Limited POAs with E-Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-13
11.6 Issuance of New Certificate of Title Because of Subsequent Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-14
11.7 Title and Dealer Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-14
11.8 Notarized Documents and Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-14
Forms not Requiring Notarization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-14
11.9 One Document for Multiple Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-14
11.10 Acknowledgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-14
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Chapter 12 Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1
12.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1
12.2 Perfection of Security Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1
12.3 Sale or Security Interest Not Created by Certain Vehicle Leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-2
12.4 Recordation of Security Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-2
Protection for the Lender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-3
Liens not Noted on Certificates and Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-3
Liens Noted on Certificates and Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-3
12.5 Lien Information on Application for Title (Form 130-U) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4
Lien Wording . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4
Altered Lien Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-4
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-4
Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-4
Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-5
Rejected Form VTR-500-RTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-5
Out of State Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-5
Priority of Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-5
Errors and Forgery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Second Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Joint Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Lienholders’ Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Corrected Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Exempt Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-6
Et Al . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-7
Liens on Component Parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-7
12.6 Income Tax Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-7
12.7 Accessories Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-7
12.8 Restitution Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-7
Lienholder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-8
Filing/Perfection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-8
Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-8
Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-8
Release of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
12.9 Landowner’s Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
Filing/Perfection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
Lien Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
Release of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-9
12.10 Child Support Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Filing/Perfection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Priority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Release of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
12.11 Transfer of Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Assignment of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-10
Application for Texas Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-11
Supporting Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-12
12.12 Release of Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-12
Missing Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-13
Executing Release of Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-13
First or Second Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-13
Multiple Lienholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-14
Out of State Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-15
Transfers of Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
Manufacturer’s Certificate of Origin (MCO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
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Court Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
Electronic Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
12.13 Liens Over 10 Years Old . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-16
12.14 Electronic Lien Title (ELT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-17
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-18
e-Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-18
e-Lienholder or e-Title Lienholder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-18
Certified Lienholder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-18
Local Lienholder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12-18
ELT Lienholder Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-18
ELT Vendor Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-18
Application for an Electronic Lien Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-19
ELT Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-19
Electronic Data Transmissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-19
Identifying a prior ELT Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-19
Owners Obtaining a Printed Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-20
Chapter 13 Vehicle Identification Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-1
13.1 Vehicle Identification Number (VIN) Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-1
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-1
Vehicle Major Component Parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-2
Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-2
Frame . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-2
Motor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13-3
Junked Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3
1955 and Prior Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3
1968 and Later Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3
1981 and Later Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-3
Manufacturer’s VIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-4
1995 and Later GM Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-4
Strikeovers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-4
Prefixes and Suffixes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-4
13.2 Motor Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-4
Motor Number Required for Vehicle Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-4
Application for Motor Number Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-5
13.3 Serial Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-5
13.4 Motorcycles and Motor Scooters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-5
13.5 House Trailers, Trailers, and Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6
Serial Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6
Trailers Without Frames . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6
Homemade Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6
13.6 Reassigned Vehicle Identification Number (VIN) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6
Reissuing VINs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6
Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6
Issuance and Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-7
Trailers, Semitrailers and House (Travel Trailers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-7
Missing VINs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-7
Title Implications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-7
13.7 Assignment of Identification Number by Department (TEX Prefix Numbers) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-7
Altered Manufacturer’s VIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-9
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-9
Approval and Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-9
Non-Titled Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-10
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Exempt Agency Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-10
13.8 Homemade/Shopmade House Trailers (HT Prefix Numbers), and Trailers & Semitrailers (TR Prefix Numbers) . . . .
13-10
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-11
Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-12
13.9 After Installation of Assigned Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-12
Assigned Equipment Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-13
Assigned Component Part Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-13
Trailers, Semitrailers, and House (Travel) Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-13
13.10 Cancellation of Assigned Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-13
13.11 Number Assigned by Another State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-13
13.12 VIN Standards (Processing of ‘I’ and ‘O’) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-13
13.13 Seized and Forfeited Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-14
13.14 Recovered Out of State Stolen Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-14
Justice of the Peace (JP) Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-14
13.15 Violation by County Assessor-collector; Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-14
Chapter 14 Vehicle Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1
14.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1
14.2 Multi Purpose Type Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-2
14.3 Motorcycle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-2
Motorcycle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-3
Enclosed Three Wheeled Motorcycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-3
14.4 Moped . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-3
New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-4
Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-4
Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-4
VIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-4
14.5 Neighborhood Electric Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-4
Registration and Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-4
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-5
Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-5
Neighborhood Transportation Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-5
14.6 Farm Tractor/Road Tractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-6
14.7 Implements of Husbandry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-6
14.8 Trailer/Semitrailer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-6
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-6
Serial Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-6
Lack of Serial Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-6
Trailers Without Frames . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-7
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-7
Out of State Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-7
Empty Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-7
14.9 Homemade/Shopmade Trailers or Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-7
Titled Homemade Trailers and Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-7
Non-Titled Homemade Trailers and Semitrailers: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-8
Optional Title for Trailers under 4,000 Pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-8
14.10 Farm Trailer/Farm Semitrailer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-8
Title Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-9
Light Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-9
Heavy Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-9
Trailer Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-10
Farm Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-10
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Table of Contents
Titled Semitrailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-10
Trailers In Excess of 34,000 Pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-10
Temporary Additional Weight Receipts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-10
14.11 Machinery/Permit Vehicle Plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-10
14.12 Trailer Jockey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-11
14.13 House, Camper, and Travel Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-11
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-11
Utility Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
Out of State Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
14.14 Park Model Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
Move Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-12
14.15 Mobile Office Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-13
14.16 Motor Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-13
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-13
Mounted Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-13
Converted Trucks and Buses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-14
Converted Vans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-14
New Vans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-14
Chopped, Cutaway, or Incomplete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-14
14.17 Former Military Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15
14.18 Golf Carts and Other Miniature Type Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15
Title Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15
Identification Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-16
Slow Moving Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-16
Mini-trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-16
14.19 Off-Highway Use Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-16
Off-Highway Use Motorcycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-16
Requirement of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-16
Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-16
Vehicle Identification Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-17
Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-17
Modified Off-Highway Motorcycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-17
All-Terrain Vehicle (ATV) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-17
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-17
Recreational Off-highway Vehicle (ROV) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-18
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-18
Title Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14-18
Title Exemption for ATVs and ROVs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-19
Chapter 15 Odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1
15.1 Odometer Disclosure Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1
Federal Truth in Mileage Act of 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1
15.2 Vehicles Exempt from Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-2
15.3 Application for Title/Title Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-2
Metric Odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-2
Texas Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-3
Out of State Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-3
Manufacturer’s Certificate of Origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-3
Applications for Registration Purposes Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-3
Salvage Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-3
US Government Certificate to Obtain Title to a Vehicle, Form 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-4
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Corrected Title Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-4
Title Application Fails to Record an Odometer Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-4
Exempt Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-4
15.4 Odometer Title Brand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-4
15.5 Operation of Law Title Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-4
Unrecovered Stolen Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-4
15.6 Odometer Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-5
Vehicles Having No Odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-5
Broken or Inoperable Odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-5
Repaired or Replaced Odometers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-5
Odometer Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-5
Odometer Errors on a Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-6
Letter Preceding Numbers in Odometer Field . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-6
15.7 Power of Attorney to Transfer Ownership and Disclose Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-6
Part A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-6
Part B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-7
Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-7
Chapter 16 Operation of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-1
16.1 Transfer of Vehicle by Operation of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-1
16.2 Definitions and Distinctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-2
16.3 Transfers Originating Out of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-3
16.4 Estates of Decedents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-3
Administration by Executor or Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-3
Testate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-3
Letters Testamentary [Estates Code 306] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-3
Letters of Administration [Estates Code 306] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-3
Administration Not Granted [Estates Code 306] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-3
More than One Executor or Administrator [Estates Code 307] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-4
Independent Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-4
Muniment of Title [Estates Code 257] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-4
Executor or Administrator not to Purchase [Estates Code 356] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-5
Summary Court Officer as Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-5
Guardians for minors, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-5
Certificate of Title Lost – Deceased Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-5
Certificate of Title Lost (Deceased Lienholder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-6
Joint Wills and Ownership Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-7
No Administration and None Necessary [Estates Code 201] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-7
Affidavit by all Heirs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-7
Affidavit of Heirship(s) by Disinterested Person(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-8
Minor Heirs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-9
Small Estates [Estates Code 205] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-9
Deceased Before Transfer Completed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-9
16.5 Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-10
Transferring a Title to a Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-10
Transferring a Title from a Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-10
16.6 Bankruptcies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-11
Recorded Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-11
Receivership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-11
16.7 Bank Liquidations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-12
Repossessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-12
16.8 Repossessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-12
Required Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-12
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Texas Titles Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-13
Out of state Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-13
“Floor Plan” Lien Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-14
Repossession Affidavit Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16-14
Judicial Sale/Writs of Sequestration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-14
Cosigners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-15
Repossession Affidavits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-15
16.9 Judicial Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-15
Writs of Sequestration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-16
16.10 Seized and Forfeited Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-16
Proof of Safety Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-16
Contraband Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-17
Seizure and Sale by Comptroller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-17
Seizure and Sale by Texas Alcoholic Beverage Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-18
Liquor Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-18
Customs Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-18
16.11 U.S. Bill of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-18
16.12 Change of Name (Texas Family Code – Chapter 45) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-19
16.13 Divorce Suits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-19
16.14 Judgments and Decrees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-20
16.15 Judicial Declaration of Incompetence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-20
16.16 Rights of Survivorship Agreement for a Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-20
16.17 Texas Uniform Gifts or Transfers to Minors Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-20
16.18 Judicial Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-20
Justice of the Peace (JP) or Municipal Judge Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-21
County or District Court Judge Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-21
Chapter 17 Rights of Survivorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-1
17.1 Rights of Survivorship Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-1
Notarized Affidavits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-2
Death Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-2
17.2 Rights of Survivorship Agreement Between a Husband and Wife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-2
Application for Texas Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-2
17.3 Corrected Title to Add Rights of Survivorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-3
17.4 Survivorship Rights remark not Shown on the Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-3
Agreement on the Face of the Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-3
Agreements Retained in Personal Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-3
17.5 Persons That are Not Married . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-3
Title Shows Survivorship Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-3
Title Does Not Show Survivorship Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-4
17.6 Includes a Married Person but not Their Spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-4
17.7 Title Does Not Show Rights of Survivorship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-5
17.8 Includes the Seller of the Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-5
17.9 Rights of Survivorship Agreement Represents Joint Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-6
17.10 Rights of Survivorship Agreement Signed in Error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-6
17.11 Revoking the Rights of Survivorship Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-6
17.12 Certificate of Title Requirements for the Survivor(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-6
17.13 Entry of Rights of Survivorship into RTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-7
17.14 Unable to Determine Survivor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-8
Chapter 18 Out of State Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-1
18.1 Motor Vehicles Brought Into State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-1
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18.2 Requirement for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-1
18.3 Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-2
Assignment or Release of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-3
Undisclosed Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-3
Restricted Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-4
Current Registration Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-4
Validated Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-4
Registration Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-4
Registration Receipt from a Non-title State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-4
Joint Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-4
Estates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-5
18.4 Electronic Lien and Title (ELT) System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-5
18.5 VIN Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-5
Vehicle Inspection Report or Out-of-State Identification Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-6
Motor Number of 1955 and Prior Models . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-6
Serial Number of 1956 and Later Models . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-6
One or Two Character Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-6
Information Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-7
License Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-7
Inspection Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-7
Texas Vehicle Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-8
Vehicles Titled but Not Located in Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18-8
Military Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-9
Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-9
18.6 Vehicles Not Subject to Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-9
18.7 Vehicles from Indian Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-10
18.8 Trailers and Semitrailers Last Registered or Titled Out of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-10
18.9 Apprehended Out of State Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-11
18.10 Out of State Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-11
Registration Purposes Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-11
Out of State License Plates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-11
Salvage Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-11
Mixed Component Parts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-12
Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-12
Title Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-12
18.11 Certificate of Title Information for Each State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-12
Chapter 19 Imported Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-1
19.1 Motor Vehicles Brought Into State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-1
19.2 Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-2
National Reference Guides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-3
Vehicle Registration and Title Canceled Upon Export . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-3
Manufacturer’s Certificate of Origin (MCO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-3
Foreign Bills of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-3
Transfers to the Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-3
The Notation D.B.A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-3
Salvage Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-3
Document Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-4
19.3 Additional Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-4
19.4 Proof of Compliance with USDOT Safety Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-4
USDOT Form HS-7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-5
Automated Broker Interface (ABI) system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-5
USDOT Safety Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-5
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Vehicles Imported Under Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-5
Vehicle Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-6
USDOT Form HS-7 Problems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-6
Proof of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-6
Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-6
Vehicles assembled in Mexico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-7
19.5 United States Customs Entry/Clearance Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-8
19.6 Registration Purposes Only (RPO) for Foreign Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-8
Additional Required Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19-9
19.7 Tax Collectors Hearing or Bonded Title for Foreign Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-9
19.8 List of Manufacturers to Notify For Proof of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-9
Chapter 20 Military . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-1
20.1 Persons on Active Duty in Armed Forces of United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-1
Additional Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-2
Title Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-2
20.2 Entry of Motor Vehicles into the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-3
Foreign Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-3
Post Exchanges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-3
20.3 Deployed Military Protections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-4
Chapter 21 Theft and Fraudulent Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-1
21.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-1
21.2 Record of Stolen or Concealed Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-1
Law Enforcement Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-2
Titles Marked Stolen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-2
Total Loss Claims on Stolen Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-3
Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21-3
Application Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21-3
Vehicle Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21-3
Recovered Stolen Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21-3
21.3 Placement of Serial Number With Intent to Change Identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-3
21.4 Rightful Owner/Right of Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-4
21.5 Justice of the Peace Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-4
21.6 Sale or Offer Without Title Receipt or Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-5
21.7 Application for Title for Stolen or Concealed Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-5
21.8 Alteration of Certificate or Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-5
21.9 False Name, False Information and Forgery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-5
21.10 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21-5
21.11 Seizure of Stolen Vehicle or Vehicle With Altered Vehicle Identification Number . . . . . . . . . . . . . . . . . . . . . . . 21-6
Chapter 22 Abandoned Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1
22.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-1
Abandoned Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-2
Junked Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-2
22.2 Taking Custody of Abandoned Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-3
Towed Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-5
Garage Charges and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-5
22.3 Auction or Use of Abandoned Items; Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-6
Auction Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-7
Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22-8
22.4 Garagekeeper’s Duties: Abandoned Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-9
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Garagekeeper’s Fees and Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-10
Unauthorized Storage Fee; Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-11
22.5 Disposal of Vehicle Abandoned in Storage Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-11
22.6 Disposal to Demolisher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-12
Additional Disposal Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22-13
Nonrepairable Vehicle Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22-13
Contents of Application; Application Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-14
Department to Provide Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-14
Authority to Dispose of Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-14
Demolisher’s Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-15
22.7 Vehicles Abandoned in Coastal Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-15
22.8 Public Nuisance Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-16
Authority to Abate Nuisance; Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-17
Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-17
Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-18
Alternative Procedure for Administrative Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-19
Inapplicability of Subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-19
Junked Vehicle Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-19
22.9 Miscellaneous: Statutes, Uses, Offense, Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-20
Conflict of Laws; Effect on Other Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-20
Law Enforcement Agency Use of Certain Abandoned Motor Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-20
Rules and Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-20
Demolisher’s Records; Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-21
Municipal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-21
Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22-21
Chapter 23 Foreclosure of Miscellaneous Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-1
23.1 Mechanic’s Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-1
General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-1
Registration Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-1
Signed Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-1
Repossession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-2
Owner Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-2
Storage Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-2
Financial Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-3
Mechanic’s Notification Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-3
Foreclosure Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-3
Notice by Newspaper Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-3
Copy of Notice to County Tax Assessor-Collector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-4
Administrative Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-5
Newspaper Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-5
County Tax Assessor-Collector’s Office Notification Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-5
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-5
Storage Charges Not Included . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-5
Storage Charges Included . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-6
Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-6
Evidence Required to Transfer Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-6
23.2 Franchise Mechanic’s Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-7
General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-7
Registration Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-7
Signed Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-7
Repossession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-8
Storage Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-8
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Financial Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-9
Mechanic’s Notification Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-9
Foreclosure Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-9
Notice by Newspaper Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-9
Copy of Notice to County Tax Assessor-Collector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-10
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-10
Storage Charges Not Included . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-10
Storage Charges Included . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-11
Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-11
Evidence Required to Transfer Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-11
23.3 Storage Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-12
General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-12
Abandoned Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-12
Registration Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-12
Law Enforcement Authorized Tow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-13
Procedure 1: Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-13
Procedure 2: Non-Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-13
Storage Lien Notification Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-14
Notice to Remove Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-14
Law Enforcement Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-14
Notice by Newspaper Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-14
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-15
Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-15
Evidence Required to Transfer Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-16
23.4 Licensed Vehicle Storage Facility Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-16
General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-17
Vehicle Storage Facility Notifications Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-17
First Notice (Notice to Owner or Lienholder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-17
Law Enforcement Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-18
Second Notice (Consent to Sale) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-18
Notification by Newspaper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-19
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-20
Evidence Required to Support the Application for Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-20
Abandoned Nuisance Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-21
Evidence Required to Support the Application for Authority to Dispose . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-21
23.5 Self-Service Storage Facility Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-22
General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-22
Priority of Self Service Storage Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-22
Rental/Lease Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-22
Servicemembers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-23
Self-Service Storage Facility Notification Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-23
Notice of Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-23
Notice of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-24
Timing of the Notice of Claim and Notice of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-24
Notice to Owner(s) and Lienholder(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-24
Newspaper Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-25
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-25
Evidence Required to Transfer Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-26
23.6 Landlord’s Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-27
General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-27
Rental/Lease Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-27
Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-27
Exempt/Non-Exempt Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-27
Landlord’s Notification Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-27
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Seizure of Property Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-27
Notices of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-28
Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-28
Excess Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-28
Evidence Required to Transfer Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-28
23.7 Verification of Title and/or Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-29
Type of Mailing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-29
Not Applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-29
No Record Found/VIN Verification Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-30
New Owner or Lienholder Recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-30
23.8 Acceptable Proof of Notifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-30
Certified Mail, Return Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-30
PS Form 3877 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-30
Lost Return Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-31
Electronic Certified Mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-31
Verified Mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-31
Newspaper Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-31
Evidence of Mailing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23-31
23.9 Miscellaneous Information Regarding Lien Foreclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-32
Newspaper of General Circulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-32
Liens Occurring Out of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-32
Renewal Recipient Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-32
Innocent Purchasers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-32
Dealer Purchases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-32
Deployed Military Protections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-32
23.10 Nonrepairable Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-32
Purchase at Public Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-32
Mechanics Filing to Junk a Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-33
Chapter 24 Certified Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-1
24.1 Lost or Destroyed Certificate of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-1
24.2 Certified Copy of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-2
Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-2
Verification of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-2
Multiple CCO Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-3
24.3 Certified Copy of Duplicate Original Title (CCDO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-3
24.4 Safety Responsibility Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-4
24.5 Owner Verification Procedures/Acceptable Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-4
Acceptable Form of Current Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-4
Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-5
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-5
Applying on Behalf of an Entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-6
24.6 Title Records Recording a Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-6
Multiple Lienholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-6
Missing Lienholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-6
Certified Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-7
Deceased Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-7
24.7 Verifiable Proof for Lienholders Applying for Certified Copies of Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-7
Lost Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-7
Agents of the Recorded Lienholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-8
Agents Letter of Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-8
Transfers of Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-8
Power of Attorney Applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-9
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24.8 Business Owner(s) of Record/Verified Agent of Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-9
Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-9
24.9 Vehicles Titled in the Name of a Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-10
Individual Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-10
Business Trustees for Individual Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-10
24.10 Retention of Documentation Returned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-11
24.11 Certified Copy of Title Denial Alternatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-11
24.12 Title Transfers Involving Fraudulent/Questionable Certified Copies of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-11
VIN Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-11
Questionable Certified Copies of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-12
DPS SIS Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24-12
Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24-13
Stolen Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24-13
24.13 CCO Requests for Electronic Lien Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-13
A Paper Release of Lien is Not Acceptable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-13
Prior ELT Records Released to a Third Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-13
Chapter 25 Motor Vehicle Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-1
25.1 Definitions and General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-1
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-1
Licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-2
Licensing Inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-2
Vehicle Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-3
Title Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-3
Non-franchised (NF) Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-4
Franchised Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-4
25.2 Duty of Vehicle Dealer on Sale of Certain Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-4
25.3 Requirement for Motor Vehicle Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-6
Motor Vehicle Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-6
Sales Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-6
Proof of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-7
County of Title Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-7
Identification Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-7
25.4 Dealer’s Reassignment of Title for a Motor Vehicle (Form VTR-41-A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-7
Vehicles Sold for Export Only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-9
25.5 Export Only Requirements and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-9
25.6 Processing Title Transactions Involving Dealer Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-10
Evidence of Ownership Not Available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-10
Payment of Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-11
Waiver of Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-11
Bankruptcy or Closure and Withheld Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-11
Texas Title – Expired Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25-11
Texas Title – Current Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25-11
No Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25-11
Chapter 26 Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-1
26.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-1
26.2 Application of Subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-1
26.3 Register of Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-1
26.4 Register of Used Motor Vehicle Sales and Purchases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-2
26.5 Replacement of Cylinder Block . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-2
Record of Replaced Cylinder Block . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-2
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26.6 Maintenance of Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-2
26.7 Criminal Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-3
26.8 Export-Only Salvage Comparison Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-3
Motor Vehicle Title Manual xxi TxDMV April 2015
LIST OF TABLES
Table 2-1 Mailing Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-8
Table 3-1 Hostile Fire Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3
Table 3-2 Title Fee Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-11
Table 4-1 Remarks/Brands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-5
Table 10-1 Minimum Carrying Capacity for Trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-7
Table 11-1 Application for Title Signed By A Trustee And Authority Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-5
Table 18-1 Title Information for Each State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18-12
Table 19-1 List of Manufacturers to Notify For Proof of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-9
Table 24-1 Evidence of Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24-3
Table 25-1 Export Only Requirements and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-9
Table 26-1 Export-only Motor Vehicle Sales: Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-3
Motor Vehicle Title Manual 1-1 TxDMV April 2015
Chapter 1
GENERAL PROVISIONS
This chapter contains the following sections:
• 1.1 Short Title
• 1.2 Purpose
• 1.3 Applicability
• 1.4 Conflicts with Business & Commerce Code Section
1.1 Short Title
Transportation Code Section 501.001
This chapter may be cited as the Certificate of Title Act.
The Certificate of Title Act was enacted in 1939 by the 46th Texas Legislature and created
a public policy for titling of motor vehicles in Texas.
On May 3, 1941, the 47th Texas Legislature amended the Certificate of Title Act to
change the state agency responsible for titling motor vehicles from the Texas Department
of Public Safety to what was then called the Texas Highway Department. Later the
department became the Texas Department of Transportation. Now the Texas Department
of Motor Vehicles provides these services.
Effective Dates:
• Motor Vehicles – October 1, 1939
• House Trailers – July 1, 1947
• Trailers and Semitrailers – August 11, 1959
• Camper Trailers – September 1, 1967
• Off-Highway Motorcycles – September 1, 1975
• Mopeds – September 1, 1983
• ATVs – September 1, 1985
• Recreational Off-Highway Vehicles – September 1, 2009
1.2 Purpose
Transportation Code Section 501.003
This chapter shall be liberally construed to lessen and prevent:
(1) the theft of motor vehicles;
(2) the importation into this state of and traffic in motor vehicles that are stolen;
and
(3) the sale of an encumbered motor vehicle without the enforced disclosure to
the purchaser of a lien secured by the vehicle.
Applicability
Motor Vehicle Title Manual 1-2 TxDMV April 2015
1.3 Applicability
Transportation Code Section 501.004
(a) Except as provided by this section, this chapter applies to all motor vehicles,
including a motor vehicle owned by the state or a political subdivision of the
state.
(b) This chapter does not apply to:
(1) a trailer or semitrailer used only for the transportation of farm products if the
products are not transported for hire;
(2) the filing or recording of a lien that is created only on an automobile
accessory, including a tire, radio, or heater;
(3) a motor vehicle while it is owned or operated by the United States; or
(4) a new motor vehicle on loan to a political subdivision of the state for use only
in a driver education course approved by the Central Education Agency.
See Chapter 5, “Certificate of Title Requirements”, for more information.
1.4 Conflicts with Business & Commerce Code Section
Transportation Code Section 501.005
Chapters 1-9, Business & Commerce Code, control over a conflicting provision of this
chapter.
Motor Vehicle Title Manual 2-1 TxDMV April 2015
Chapter 2
ADMINISTRATION AND TRANSACTION
HANDLING PROCEDURES
This chapter contains the following:
• 2.1 Department Administration
• 2.2 County Administration
• 2.3 Rejected Title Transactions/Rejection Requests
• 2.4 Rejection Requests After Title Issuance (Revocation)
• 2.5 Lost Title Transaction
• 2.6 Title Transaction Documents – Assembly Procedures
• 2.7 Specially Marked Envelopes – Assembly Procedures
• 2.8 Title Package Retention
2.1 Department Administration
Rules; Forms
Transportation Code Section 501.0041
(a) The department may adopt rules to administer this chapter.
(b) The department shall post forms on the Internet and provide each county
assessor-collector with a sufficient supply of any necessary forms on request.
Processing Of Application; Rules
This section delegates authority to the department to adopt administrative rules and
regulations necessary to administer the Certificate of Title Act. The majority of
regulations governing the titling of motor vehicles are found in this Act and you may find
the adopted rules in the Texas Administrative Code, Title 43, Chapter 217.
There are many forms shown in this manual that are prescribed (approved) but not
provided by the department.
Customer Inquiries
The Texas Department of Motor Vehicles (TxDMV) maintains a telephone information
center to provide title and registration service support. The Call Center’s telephone number
is (512) 465-3000 or toll-free 1-888-368-4689. Send written correspondence to TxDMV –
VTR, 4000 Jackson Ave, Austin, Texas 78731 or by internet at www.txdmv.gov/. In
addition, there are TxDMV Regional Service Centers located in various counties
throughout the state to provide support and assistance to the local county tax
assessor-collectors, law enforcement agencies, and the general public.
County Administration
Motor Vehicle Title Manual 2-2 TxDMV April 2015
Release of Information
The release of information contained in VTR’s motor vehicle records is restricted by the
Texas Motor Vehicle Records Disclosure Act (Transportation Code, Chapter 730), and the
federal Driver’s Privacy Protection Act 18 U.S.C. 2721-2725).
VTR provides non-personal information, such as vehicle specific information including
year, make, model, weight, and the registration or title/document numbers and status,
without restriction in response to an inquiry by vehicle identification number (VIN).
VTR cannot disclose personal information (names and addresses) within the department’s
motor vehicle records unless a person requesting the information submits a written request
(Request for Texas Motor Vehicle Information, Form VTR-275 with a revision date of
09/2011 or later) and certifies:
• they are a subject of the record;
• they have written authorization from a subject of the record; or
• the intended use is for one of the permitted uses defined by law.
VTR cannot disclose motor vehicle record information in response to a telephone inquiry
by license plate number. The only exception to this law is a subpoena or court order that
orders VTR to provide a title history or copies of the vehicle’s documents. On receipt of a
subpoena or court order, VTR must provide the requested information and a Form
VTR-275, is not required.
Note: NMVTIS records are for Department Use Only and may not be provided
outside of the TxDMV. Individuals needing to obtain NMVTIS records may
do so at http://www.txdmv.gov/titlecheck.
Requests from Incarcerated Individuals
VTR may also deny requests for motor vehicle record information from individuals who
are incarcerated (imprisoned or confined in a correctional facility) pursuant to
Government Code, §552.028. (Refer to the TxDMV Motor Vehicle Registration Manual.)
Vehicle Record (History)
VTR images and maintains a record of all evidence submitted in support of an application
for Texas title for a period of ten years. If there is a question as to the legality of a transfer
of a motor vehicle, the transaction documents may be used to determine if the transfer was
fraudulent. A court of competent jurisdiction must make this determination.
VTR only provides copies of any documents contained in a vehicle record to persons who
complete a Request for Texas Motor Vehicle Information, Form VTR-275. (Refer to the
Release of Information section above.)
2.2 County Administration
Duty of and Responsibilities of County Assessor-Collector
Transportation Code Section 520.005
(a) Each county assessor-collector shall comply with Chapter 501.
Rejected Title Transactions/Rejection Requests
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(b) An assessor-collector who fails or refuses to comply with Chapter 501 is liable on
the assessor-collector’s official bond for resulting damages suffered by any
person.
(c) Notwithstanding the requirements of Section 520.0071, the assessor-collector may
license franchised and non-franchised motor vehicle dealers to title and register
motor vehicles in accordance with rules adopted under Section 520.004. The
county assessor-collector may pay a fee to a motor vehicle dealer independent of
or as part of the portion of the fees that would be collected by the county for each
title and registration receipt issued.
(d) Each county assessor-collector shall process a registration renewal through an
online system designated by the department.
County tax assessor-collectors and their deputies may not accept an application for Texas
title unless the evidence of ownership and supporting documents are in proper order and
comply with the provisions of the Certificate of Title Act.
Violation by County Assessor-Collector; Penalty
Transportation Code Section 502.480
(a) A county assessor-collector commits an offense if the county assessor-collector
knowingly accepts an application for the registration of a motor vehicle that:
(1) has had the original motor number or vehicle identification number removed,
erased, or destroyed; and
(2) does not bear a motor number or vehicle identification number assigned by
the department.
(b) An offense under this section is a misdemeanor punishable by a fine of not less
than $10 and not more than $50.
2.3 Rejected Title Transactions/Rejection Requests
All county rejection requests must be submitted electronically through the county’s local
TxDMV Regional Service Center. Rejection requests via making a photocopy of the
Form VTR-500-RTS, writing “REJECTION” on it, and submitting it in the Rejection
Specially Marked Envelope have been eliminated.
The rejection request must only include the Vehicle Identification Number, Document
Number, the reason for rejection, and whether or not the paperwork is still in the county’s
office. Do not include any additional information such as the license plate number or
scanned copies of the receipt.
Procedure
The following procedures apply to the rejection of title transactions the county tax
assessor-collector’s office determines to be incorrect after the “voiding” period has
expired:
Rejected Title Transactions/Rejection Requests
Motor Vehicle Title Manual 2-4 TxDMV April 2015
1. The county tax assessor-collector’s office should stamp or write the word “Rejection”
in the lower portion of the VTR-500-RTS. The county tax assessor-collector’s office
should immediately contact their local TxDMV Regional Service Center and request a
REJECTION be placed on the transaction. The original title transaction should remain
at the county tax assessor-collector’s office until the corrections are made. If the title
transaction has been mailed before the error is discovered, the county tax
assessor-collector’s office should notify their TxDMV Regional Service Center.
2. After the original title transaction has been corrected, counties should mail it to the
vendor, unless the transaction requires special handling (see Chapter 2, Section 2.6
Title Transaction Documents – Assembly Procedures and Chapter 2, Section 2.7
Specially Marked Envelopes – Assembly Procedures).
• Title transactions corrected through the RTS Correct Title Rejection Event should
remain in place with the other title transactions processed for the same day.
• Counties should separate transactions that cannot be corrected through RTS and
send to VTR in the appropriate Specially Marked Envelope.
Note: Do not use this process for a “stop” title request unless the title transaction
has a valid rejection. Otherwise, a temporary restraining order or temporary
injunction issued from a county or district court is required to stop the title
from issuing (See Chapter 6, Section 6.12 Stop Title Requests).
Retention of Rejected Title Transaction Documents
County tax assessor-collector offices should follow the procedures in this section
regarding the retention of rejected title transaction documents. Retain all documents that
remain uncorrected or unresolved for a minimum period of two years. Base the start of the
retention period on the date that the title transaction was rejected.
Note: Extending this retention period may be warranted based on any ongoing
communication with a customer trying to resolve the problem.
At the end of two years, review the file for each rejected title transaction to verify that the
county tax assessor-collector’s office attempted to contact the customer or
owner/lienholder shown on the title application. The contact documentation may include,
but is not limited to:
• copies of all correspondence that was sent to the customer – certified mail delivery
confirmation
• any notes that were taken during phone calls or attempted calls
• screen shots showing internet search for phone and address information
If no contact information is available on file, the county tax assessor-collector’s office
should make an attempt to contact the customer to resolve the pending issues. If all
attempts to resolve the rejected title transaction are unsuccessful after two years, shred the
original title transaction documents.
Advise customers who contact the office after destruction of the documents to pursue a
Tax Collector Hearing, Bonded Title, or Court Order procedure to obtain title.
Rejection Requests After Title Issuance (Revocation)
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2.4 Rejection Requests After Title Issuance (Revocation)
Correction to Information Printed on the Title is Necessary
Once a title has been issued and a correction to the title is required (such as an omitted
brand, omitted lien, odometer, etc.), please submit a request to your local TxDMV
Regional Service Center for the transaction to be revoked. In this situation, you will need
to submit a copy of the transaction, if available, along with the necessary details
explaining the circumstances for the request. Send the original paperwork to the imaging
vendor. No special handling is required. The department will notify the applicant that their
title has been revoked and to return it to the department for correction.
No Correction to Information Printed on the Title is Necessary
If a title has been issued and a correction to the title document is not required (such as the
transaction is missing signatures or paperwork), you may obtain the missing items, and
attach them to the title transaction once received. Send the original paperwork to the
imaging vendor. No further action will be required on your part, and a revocation would
not be required in this situation.
However, if a title has been issued and you are unable to obtain the missing documentation
or signature after contacting the customer (within a reasonable time), the only options will
be to place a legal restraint on the record and/or revoke the title. You may make this
request, to prevent further title transfer or registration renewal, through your local
TxDMV Regional Service Center. In this situation, you will need to submit a copy of the
transaction, if available, along with the necessary details explaining the circumstances for
the request. Send the original paperwork to the imaging vendor. The department will also
notify the applicant of the legal restraint (and title revocation, if applicable) and provide
instruction to the owner on record for resolving the matter. If the applicant returns to your
office to submit missing documentation or provide the missing signatures, send the
documentation to the department in the existing Special Handling Envelope (or behind a
colored coversheet), so the legal restraint and/or title revocation can be removed from the
record, as applicable.
2.5 Lost Title Transaction
When a transaction is rejected and it is determined to be lost, but a correction is required,
the reason for rejection should be addressed without the paperwork. The county tax
assessor-collector’s office and their local TxDMV Regional Service Center will
coordinate the appropriate steps to resolve the reason for rejection. Any supporting
documentation, such as a new Form 130-U, should support the correction.
If the transaction included a Certificate of Title Surety Bond, then a duplicate bond with
original signatures and a power of attorney are also required when processing the
correction.
2.6 Title Transaction Documents – Assembly Procedures
This section contains title transaction assembly procedures for county tax
assessor-collector’s offices. Title transaction documents are sent to the TxDMV imaging
vendor.
Title Transaction Documents – Assembly Procedures
Motor Vehicle Title Manual 2-6 TxDMV April 2015
Assembly
Documents should be assembled in the following order for each title transaction and
securely stapled together one inch from the top left corner:
Note: This list is not intended as an all-inclusive list of supporting evidence.
1. Title Application Receipt, VTR-500-RTS
2. Application for Texas Title, Form 130-U and, when applicable, followed by
Application for Title Only, Form VTR-131 or Application for Registration Purposes
Only, Form VTR-272.
3. Evidence of Ownership:
• Manufacturer’s Certificate of Origin (MCO);
• Texas Certificate of Title, Form 30-C;
• Texas Certified Copy of Title, Form 30-CCO;
• Negotiable out of state title;
• Out of state/country registration receipt;
• Foreign evidence of ownership;
• Valid court order (county level or higher);
• County Tax Assessor-Collector’s Ruling;
• Original Surety Bond or Certificate of Title Surety Bond, Form VTR-130-SB
(and, if applicable a Surety Bond Rider and a Power of Attorney);
• United States Government Certificate to Obtain Title to a Vehicle, Form 97;
• Bill of Sale
4. Other Supporting Evidence:
• Tax Collector’s Receipt for Texas Title Application/Registration/Motor Vehicle
Tax, Form VTR-31-RTS;
• Dealer’s Reassignment of Title for a Motor Vehicle, Form VTR-41-A;
• Power of Attorney to Transfer Motor Vehicle, Form VTR-271;
• Power of Attorney for Transfer of Ownership to a Motor Vehicle, Form
VTR-271-A;
• Bill of Sale;
• The TxDMV Regional Service Center’s “Rejection” letter establishing the amount
of the bond;
• Bonded Title Application or Tax Collector Hearing Statement of Fact, Form
VTR-130-SOF;
• Documents used to establish the bond amount (i.e., photocopies or printouts of the
applicable reference pages or the original appraisal of the vehicle);
• For persons claiming the orthopedically handicapped exemption to the motor
vehicle sales tax, Texas Motor Vehicle Orthopedically Handicapped Exemption
Certificate, Form 14-318;
• Affidavit of Motor Vehicle Gift Transfer, Form 14-317.
Specially Marked Envelopes – Assembly Procedures
Motor Vehicle Title Manual 2-7 TxDMV April 2015
5. Out of state vehicles:
• Vehicle Identification Number Self-Certification, Form VTR-272-B;
• Statement of Physical Inspection, Form VTR-270; or
• Application for Assigned or Reassigned Number, Form VTR-68-A.
• Vehicle Inspection Report (if issued on or after March 1, 2015) or an Out-of-State
Identification Certificate, Form VI-30 (if issued prior to March 1, 2015);
Note: For titling purposes, an Out-of-State Identification Certificate (VI-30) issued
prior to March 1, 2015, is valid for up to a year after issuance and will
continue to be accepted after March 1, 2015.
2.7 Specially Marked Envelopes – Assembly Procedures
This section contains Specially Marked Envelope assembly procedures for county tax
assessor-collector’s offices. Specially Marked Envelopes contain unique transaction types
and supporting documentation that require additional processing within VTR. Specially
Marked Envelopes are sent to the TxDMV VTR Division.
Important Notes
• DO NOT SUBMIT Non-Title Vehicle Receipts, Vehicle Transfer Notifications,
Additional Collections Receipts, Funds Remittance Reports, Funds Summary Reports,
Hot Check Redemptions, Title Package Reports, Rejection Requests, or Voided
Transactions.
• TRANSACTIONS REQUIRING ADDITIONAL PROCESSING SHOULD BE
sorted by type and placed within separate, appropriate Specially Marked Envelopes or
behind colored coversheets.
Examples of Unique Transaction Types
The following transaction types should be submitted in 8 ½” x 11” Specially Marked
Envelopes, or under a colored cover sheet, and should ALWAYS be sent to VTR. These
transaction should NEVER be sent directly to the imaging vendor.
Apportioned RPO Envelope
• All Registration Purposes Only Apportioned transactions.
NMVTIS Envelope
• Errors unable to be corrected by the county tax assessor-collector’s office and sent
to the department for review and removal of the NMVTIS HOLD.
• Any transaction with a BRAND HOLD, even after the transaction has been
corrected through RTS to apply the brand.
Red Flag Envelope
• Suspicious documentation that suggests possible title fraud or odometer
tampering.
Special Handling Envelope
Similar transactions should be labeled and grouped together within this envelope.
Title Package Retention
Motor Vehicle Title Manual 2-8 TxDMV April 2015
• Transactions that have any “Legal Restraint” (CR, DCYM, OP, OR, etc.) on the
record.
• Transactions involving “Switched Ownership Evidence.”
• Transactions involving Form VTR-852, ASE Safety Inspection and Application
for Custom Vehicle or Street Rod License Plates (Send the Form VTR-852 and
transaction together. Do NOT separate).
• Transactions involving “Invalid VINs” with proof of VIN validation (VTR-68-A,
VTR-270, etc.)
Specialty Plates Envelope
• Qualifying Specialty License Plate applications such as: Exempt Vehicle, Military,
Organizational Membership, or Veteran without the accompanying title
transaction (the actual title transaction should stay with the bundles sent for
imaging).
Mailing Instructions
Table 2-1 Mailing Instructions
Note: Do NOT include checks.
2.8 Title Package Retention
All Title Packages must be retained at the county tax assessor-collector’s office for a
minimum of three business days from the processing date before being mailed to the
department. For example, all transactions processed on Monday should be mailed no
earlier than Thursday. A county tax assessor-collector’s business practices may require
longer retention; however, the department requires a minimum of three business days.
Additionally, Title Packages should not be retained at a county tax assessor-collector’s
office for more than two weeks (14 calendar days) from the date of processing.
TYPE ADDRESS
Mail Specially Marked
Envelopes To:
Texas Department of Motor Vehicles
Vehicle Titles and Registration Division
PO Box 26420
Austin, TX 78755-0420
Mail Original Title
Transaction Documents To:
OpenText
10537 Gulfdale Drive
San Antonio, TX 78216
Motor Vehicle Title Manual 3-1 TxDMV April 2015
Chapter 3
FEES
This chapter contains the following sections:
• 3.1 Collection and Disposition of Title Application Fees
• 3.2 Certain Military Personnel Exempt From Title Fees
• 3.3 Delinquent Transfer Penalty
• 3.4 Allocation of Transfer Fees
• 3.5 Nonrepairable or Salvage Vehicle Title Application Fees
• 3.6 Rebuilt Salvage Fees
• 3.7 Title Fee Chart
3.1 Collection and Disposition of Title Application Fees
Transportation Code Section 501.138
(a) An applicant for a title, other than the state or a political subdivision of the
state, must pay a fee of:
(1) $33 if the applicant’s residence is a county located within a nonattainment
area as defined under Section 107(d) of the federal Clean Air Act (42 U.S.C.
Section 7407), as amended, or is an affected county, as defined by Section
386.001, Health and Safety Code; or
(2) $28 if the applicant’s residence is any other county.
(b) The fees shall be distributed as follows:
(1) $5 of the fee to the county treasurer for deposit in the officers’ salary fund;
(2) $8 of the fee to the department:
(A) together with the application within the time prescribed by Section
501.023; or
(B) if the fee is deposited in an interest-bearing account or certificate in the
county depository or invested in an investment authorized by Subchapter
A, Chapter 2256, Government Code, not later than the 35th day after the
date on which the fee is received; and
(3) the following amount to the comptroller at the time and in the manner
prescribed by the comptroller:
(A) $20 of the fee if the applicant’s residence is a county located within a
nonattainment area as defined under Section 107(d) of the federal Clean
Air Act (42 U.S.C. Section 7407), as amended, or is an affected county, as
defined by Section 386.001, Health and Safety Code; or
(B) $15 of the fee if the applicant’s residence is any other county.
Collection and Disposition of Title Application Fees
Motor Vehicle Title Manual 3-2 TxDMV April 2015
(b-1) Fees collected under Subsection (b) to be sent to the comptroller shall be deposited
to the credit of the Texas Mobility Fund, except that $5 of each fee imposed under
Subsection (a)(1) and deposited on or after September 1, 2008, and before September 1,
2015, shall be deposited to the credit of the Texas emissions reduction plan fund.
(b-2)[Expires August 30, 2019] The comptroller shall establish a record of the amount of
the fees deposited to the credit of the Texas Mobility Fund under Subsection (b-1). On or
before the fifth workday of each month, the Texas Department of Transportation shall
remit to the comptroller for deposit to the credit of the Texas emissions reduction plan
fund an amount of money equal to the amount of the fees deposited by the comptroller to
the credit of the Texas Mobility Fund under Subsection (b-1) in the preceding month. The
Texas Department of Transportation shall use for remittance to the comptroller as
required by this subsection money in the state highway fund that is not required to be used
for a purpose specified by Section 7-a, Article VIII, Texas Constitution, and may not use
for that remittance money received by this state under the congestion mitigation and air
quality improvement program established under 23 U.S.C. Section 149.
(c) [Expires August 31, 2019] This subsection and Subsection (b-2) expire August 31,
2019.
(d) Of the amount received under Subsection (b)(2), the department shall deposit:
(1) $5 in the general revenue fund; and
(2) $3 to the credit of the Texas Department of Motor Vehicles fund to recover the
expenses necessary to administer this chapter.
(e) The county owns all interest earned on fees deposited or invested under Subsection
(b)(2)(B). The county treasurer shall credit that interest to the county general
fund.
Transportation Code Section 501.139
A county assessor-collector that transfers money to the department under this chapter
shall transfer the money electronically.
The county tax assessor-collector’s office must report the department’s share of title fees,
together with all applications for title that are filed, within 24 hours after receipt.
However, the county tax assessor-collector’s office may defer remittance of the fees for no
more than 34 days provided the fees are deposited in an interest bearing account or
certificate in the county depository or any investment authorized under the Public Funds
Investment Act (Government Code, Chapter 2256). All interest earned under these
conditions belongs to the county. If interest is earned on State funds deposited outside the
county depository, or if interest is earned on State funds covering periods in excess of the
34 days, the interest belongs to the department.
Certain Military Personnel Exempt From Title Fees
Motor Vehicle Title Manual 3-3 TxDMV April 2015
3.2 Certain Military Personnel Exempt From Title Fees
Texas Government Code, Section 431.039, exempts military personnel who are being
deployed to serve in a hostile fire zone from payment of the $28/$33 title application fee.
(Refer to Table 3-1.) The exemption from payment applies only to title application
transactions in which the service member is an applicant and is subject to payment of a
title application fee. To receive the exemption, the person must be a member of the:
• United States Armed Forces on active duty in a hostile fire zone (See Table 3-1).
• National Guard on federal active duty in a hostile fire zone
An applicant must present a copy of their military orders as proof of being deployed to
serve in a hostile fire zone (refer to the Military Orders Example). Counties must review
the military orders to determine the deployment location. The “Purpose” area on most
military orders provides the purpose of the orders, such as “Mobilization for Operation
Iraqi Freedom”. In some cases, the “Report” to area only provides where the member is to
go for deployment preparation and not necessarily where they are being deployed.
If the applicant is eligible, the county tax assessor-collector’s office must write
“Military/Exempt” to the right of the Application Fee in Field 33 of the Form 130-U to
indicate the applicant was exempted from payment.
Hostile Fire Zones as Designated by the Secretary of Defense
Table 3-1 Hostile Fire Zones
Country/Area
Afghanistan Kyrgyzstan
Algeria Lebanon
Arabian Peninsula Liberia
Azerbaijan Libya
Bahrain Malaysia
Burundi Montenegro
Chad Oman
Colombia Pakistan
Congo, Dem Rep of Philippines
Cote D’Ivoire Qatar
Cuba – Guantanamo Bay Detention
Facilities only
Rwanda
Djibouti Saudi Arabia
East Timor Serbia (includes province of Vojvodina)
Egypt Sierra Leone
Eritrea Somalia
Ethiopia Sudan
Greece – Athens area Syria
Haiti Tajikistan
Indonesia Tunisia
Iran Turkey
Iraq Uganda
Israel United Arab Emirates
Jordan Uzbekistan
Kenya Yemen
Kosovo Yugoslavia
Kuwait
Water Areas
Persian Gulf Gulf of Aden
Certain Military Personnel Exempt From Title Fees
Motor Vehicle Title Manual 3-4 TxDMV April 2015
Source: Department of Defense Press Operations, August 2011
Red Sea Somalia Basin (1110N3-05115E2,
Gulf of Oman 0600N6-04830E5, 0500N5-05030E8,
Arabian Sea north of 10 degrees N lat. 1130N5-05334E5; 0500N5-05030E8,
& W of 68 degrees E long 0100N1-04700E1, 0300S3-04300E7,
0100S1-04100E5, 0600N6-04830E5)
Mediterranean 26° 00’ E longitude, extending north to 34° 35’ N
latitude, extending west to the East Coast of
Tunisia
Water Areas
Certain Military Personnel Exempt From Title Fees
Motor Vehicle Title Manual 3-5 TxDMV April 2015
Military Orders Example
NATIONAL GUARD DEPLOYMENT ORDERS (FEDERAL ACTIVE DUTY)
TEXAS MILITARY FORCES
Army National Guard
Post Office Box 5218
Austin, Texas 78763-5218
ORDERS 220-286 08 August 2007
DOE, JOHN A. 000-00-0000 1LTE BRIGADE TEAM 1
(8BBM3-960) PO BOX 5218 AUSTIN TX 78763
You are ordered to active duty as a member of your Reserve Component Unit for
the period indicated unless sooner released or unless extended. Proceed from
your current location in sufficient time to report by the date specified.
You enter active duty upon reporting to unit home station.
REPORT TO HOME STATION: 20 September 2007, W8BB BDE TNG TM 3 TXARNG EL
JF(W8BBM3),2200 W. 35TH ST., AUSTIN,TX 78703
REPORT TO MOB STATION: 23 September 2007, Ft Riley, KS
Purpose: OPERATION ENDURING FREEDOM OEF)
Mobilization Category Code: G
Additional instructions:
(a) “Pursuant to Presidential Executive Order 13223, DTD 14 SEP 01, you are
relieved from your present reserve component status and are ordered to
report for a period of active duty not to exceed 25 days for mobilization
processing. Proceed from your present location in sufficient time to
report by the date specified. If upon reporting for active duty you fail
to meet deployment medical standards (whether because of a temporary
(b) or permanent medical condition, then you may be released from active duty,
returned to your prior Reserve status, and returned to your home address,
subject to a subsequent order to active duty upon resolution of the
disqualifying medical condition. If, upon reporting for active duty, you
are found to satisfy medical deployment standards, then you are further
ordered to active duty for a period not to exceed 400 days, such period
(c) to include the period (not to exceed 25 days) required for mobilization
processing.”
The mobilization period may be shortened or extended depending on mission
requirements.
(d) You are ordered to active duty with the consent of the Governor.
Transport of personal weapon is not authorized. Commercial air authorized
for emergency returns. Unit members will travel as group. Excess baggage is
authorized, not exceed four pieces.
(e) Travel will be paid for one time travel from home duty station to mob
station and back and includes travel and per diem from home stations/
mobilization station or duty location/and return to home station as well
as non-temp storage. Individual soldiers whose duty station is different
from mob station will receive funding for one time travel and return from
mob station to the duty station using the listed fund cites.
(f) Multiple trips such as soldiers who will visit installations across the
country conducting inspections will be funded by the MACOMS’ mission funding
unless specific funding ERF, D has been provided by the army budget office
for the mission.
ORDERS 220-286 HQ TX NG, OTAG, 08 August 2007
States type of Deployment
OEF= Afghanistan OIF = Iraq
Normally has
this also
Certain Military Personnel Exempt From Title Fees
Motor Vehicle Title Manual 3-6 TxDMV April 2015
Additional instructions (cont):
(g) Following statement must be included on each individual mobilization
order: Family members may be eligible for TRICARE (military health care)
benefits. For details call 1-888-DoD-CARE (1-888-363-2273) or go to web
address www.tricare.osd.mil/reserve/ or email TRICARE help@amedd.army.mil
Unit SM will mobilize with Organizational Clothing Issue and Equipment.
Units will be processed on active duty at their assigned mob station.
(h) Soldier will hand-carry(if available) complete MPRJ health and dental,
training and clothing records, if moving as an individual. Bring copies
of rental or mortgage agreement, marriage certificate, birth certificate,
birth certificate of natural children, or documentation of dependency or
child support. Bring copies of family care plan, wills, power of
attorney, and any other documentation affecting the soldier’s pay status.
(i) The mobilization period may be shortened or extended depending on mission
requirements.
Weapons are authorized to be transported in performance of duty per
Federal Regulations.
(j) RC units and individuals: If you have questions regarding your employment
and reemployment rights, call 1-800-336-4590 (National Committee for
employer support of the Guard and Reserve) or check on line at WWW.ESGR.ORG
(k) OPERATION ENDURING FREEDOM
(l) The National Defense Authorization Act 2004 sec 703 authorizes early eligibility
for health benefits. A member of the Reserve component who issued
a delayed-effective-date active-duty order, or is covered by such an order,
that is for a period of active duty of more than 30 days, in support of a
contingency operations, as defined in 10 USC(a)(13)(B), shall be eligible
along with member’s dependents, for medical and dental care, on either the
(m) date of issuance of such an order, or 60 days prior to mobilization,
whichever is later.Army One Source is available to assist Soldiers and family members to
solutions in dealing with life’s issues and questions during deployments.
Contact by phone at(US 1-800-464-8107 or outside the US at 1-484-530-5889)
(n) Pertaining to Permanent Order No. 1A-07-131-072
(o) HQ’s 1st U.S. Army, 4705 N. WHEELER DRIVE, FOREST PARK, GA
(p) Meals and lodging will be provided at no cost to the Soldier. Claims for
reimbursement require a statement of non-availability control number.
(q) For unresolved pay issues, contact the ARNG Pay Ombudsman at toll-free
1-877-ARNGPAY or by email at ARNG-MILPAY@ARNG-FSC.NGB.ARMY.MIL
FOR ARMY USE
Auth: TITLE 10 USC, SECTION 12302/HQDA MSG 092139ZMay07/DAMO-ODM/: ORD
TYP/MOBORD/HQDA No. 1288-07
Acct clas:
Off pay/alw: 24961.010.0000 01-1100 P1W1C00 11**/12** VFRE F3203 5570 S12120
S12120(OEF)
S12120(OEF)
HOR: 000 BRAE MOSS , SAN ANTONIO TX78249
DOR: 15-JUN-02
PEBD: 17-MAY-91
Security Clearance: S
ORDERS 220-286 HQ TX NG, OTAG, 08 August 2007
FOR THE ADJUTANT GENERAL:
\\\\\\\\\\\\\////////////
\\ HQ, TXARNG //
\\ OFFICIAL //
Delinquent Transfer Penalty
Motor Vehicle Title Manual 3-7 TxDMV April 2015
3.3 Delinquent Transfer Penalty
Transportation Code Section 501.146
(a) If the application for the transfer of title is not filed during the period provided
by Section 501.145, the late fee is to be paid to the county assessor-collector
when the application is filed. If the seller holds a general distinguishing number
issued under Chapter 503 of this code or Chapter 2301, Occupations Code, the
seller is liable for the late fee in the amount of $10. If the seller does not hold a
general distinguishing number, subject to Subsection (b) the applicant’s late fee
is $25.
(b) If the application is filed after the 60th day after the date the purchaser was
assigned ownership of the documents under Section 501.0721, the late fee imposed
under Subsection (a) accrues an additional penalty in the amount of $25 for each
subsequent 30-day period, or portion of a 30-day period, in which the application
is not filed.
(c) Subsections (a) and (b) do not apply if the motor vehicle is eligible to be issued:
(1) classic vehicle license plates under Section 504.501; or
(2) antique vehicle license plates under Section 504.502.
(d) A late fee imposed under this section may not exceed $250.
Transfer Requirements
The purchaser of a vehicle (dealers exempted) must, within 30 days of the date of
assignment, file an application for transfer of title and registration with the county tax
assessor-collector, if required. If the purchaser fails to apply for title within the 30 day
filing period, a delinquent transfer penalty is assessed.
Note: Active duty military personnel must file transfers within 60 days after the
date of sale or pay a delinquent transfer penalty.
The amount of the delinquent transfer penalty varies dependent on when the transaction is
filed and who is filing the transaction.
This statute makes no provisions for anyone to waive the delinquent transfer penalty when
the penalty is due.
Filing Period
Thirty days starts with the day following the date of assignment on the title. Use the date
of assignment on the title and the filing date in determining the thirty day or sixty-day
period.
Filing Date
The date an application is accepted by a county tax assessor-collector’s office is the
official filing date. This date is indicated on the Title Application Receipt, Form
VTR-500-RTS, or Form VTR-31-RTS and on the application.
Delinquent Transfer Penalty
Motor Vehicle Title Manual 3-8 TxDMV April 2015
Determining Date of Assignment
When available the date of assignment on the Certificate of Title or MCO should be used.
If unavailable, to determine the date of assignment/sale:
• Court Orders:
a. Use the date on the Bill of Sale; if not available, then
b. Use the date the court order was signed by the judge (or made effective)
• Bonded Titles and Title Hearings:
a. Use the date on the Bill of Sale; if not available, then
b. Use the date of sale reported on the VTR-130-SOF.
Penalty Amounts
General Public
When an application is filed on the 31st day after the date of sale or later (except military)
and is subject to delinquent transfer penalties, the penalties are:
• $25 if filed on the 31st day after the date of sale; and
• an additional $25 for each subsequent 30 day period or portion of a 30 day period.
• The penalty may not exceed $250.
Motor Vehicle Dealers
When a transaction is filed by a Texas licensed dealer on or after the 31st day after the
date of sale, the transaction is subject to a delinquent transfer penalty of $10, regardless of
how late it is filed.
Seller-Financed Sales
When a seller-financed transaction is filed on the 46th day after the date of sale or later,
the transaction is subject to a delinquent transfer penalty of $10 regardless of how late it is
filed.
Military Personnel
When an application is filed on the 61st working day after the date of sale or later it is
subject to delinquent transfer penalties as follows:
• $25 if filed on or after the 61st day after the date of sale; and
• an additional $25 penalty for each subsequent 30 day period or portion of a 30 day
period.
• The penalty may not exceed $250.
Note: Transfers prior to January 1, 2008 have a flat $10 delinquent transfer
penalty. HB 481 from the 80th Texas Legislative Session increased the penalty
from a flat $10 fee to the monthly fees, however Section 5 of that bill
“grandfathered” transfers prior to the effective date of January 1, 2008.
Delinquent Transfer Penalty
Motor Vehicle Title Manual 3-9 TxDMV April 2015
Collection of Delinquent Transfer Penalties
Counties should collect all delinquent transfer penalties in accordance with the following
types of ownership documents (regardless of whether the vehicle is currently registered):
• Manufacturer Certificate of Origin (MCO)
• Out of State Certificate of Title
• Original Texas Certificate of Title
• Certified Copy of a Texas Certificate of Title
• Form 97, U.S. Government Certificate to Obtain Title to a Vehicle
• Government Bill of Sale
• Auction Sales Receipt
• Bonded Titles
• Court Orders
• Title Hearings
• Storage Liens
• Mechanic’s Liens
• Foreign Evidence
• Heirship Form
• Military Registration
• Repossession
• Previously Registered as Exempt
Note: The delinquent transfer penalty should only be collected if a vehicle was
previously registered with Exempt license plates and is transferring to a
non-exempt license plate.
Out of State
Under the Tax Code, sales tax collection begins when the vehicle enters the state, whereas
Transportation Code, Section 501.145 requires the date of assignment to be used. The
Date of Assignment and Sales Tax Date are currently one and the same in RTS. For out of
state titles and out of state Manufacturer’s Certificate of Origin (MCO) transfers, use the
first documented date in Texas to calculate the sales tax penalty. The delinquent transfer
penalty located on the Sales Tax (TTL012) screen in RTS will need to be calculated
manually.
Exceptions
The Delinquent Transfer Penalty does not apply to the following:
• Vehicles that are eligible to be issued classic/antique plates under section 504.501 and
504.502
• A motor vehicle dealer that is applying for title in the dealership name
• Vehicles owned by exempt agencies
• Vehicles transferred by Operation of Law (for example repossessions, Affidavit of
Heirship) unless a sale (public or auction) has occurred
Delinquent Transfer Penalty
Motor Vehicle Title Manual 3-10 TxDMV April 2015
• Corrected title transactions (no transfer of ownership)
• Stolen vehicles being titled by insurance companies
• Vehicles covered by salvage ownership documents (Texas or out of state),
nonrepairable title, salvage certificate, etc.
• Non-titled vehicles (trailers/semitrailers, farm trailers/farm semitrailers, Permit or
Machinery plated vehicles)
Note: Vehicles owned by exempt agencies are only exempt when the vehicle is being
transferred to another exempt agency. If an exempt vehicle is being
transferred to a non-exempt purchaser, the transfer is eligible for the
delinquent transfer penalty.
Dealers
A dealer is exempt from the thirty day filing period when an application for Texas title is
filed in the name of the dealership, provided the dealer has a current dealer number and the
number is shown in the transaction.
Transfers by Operation of Law
The person to whom a vehicle is transferred by operation of law (refer to Transfer of
Vehicle by Operation of Law) is exempt from the thirty day filing period. For example,
the person designated as purchaser on an affidavit of heirship is not subject to the penalty
nor is a lienholder who repossesses a vehicle. However, in case of repossession, if the
lienholder assigns title, the purchaser would not be exempt from the penalty (unless
assigned to a dealer possessing a current dealer number).
Applications for Corrected Title
The 30 day filing period does not apply to applications for corrected title since no transfer
is involved.
Insurance companies
The penalty does not apply when an application for Texas title is filed by an insurance
company on a stolen vehicle provided the application is accompanied by an affidavit
stating that the vehicle was stolen and a total loss claim has been paid.
Salvage Vehicles
The penalty does not apply to the purchaser of a vehicle, which is transferred on a
salvage ownership document (Salvage Certificate, Salvage Vehicle Title,
Nonrepairable Vehicle Title or out of state salvage document).
Non-titled vehicles
The penalty does not apply to non-titled vehicles, including:
• Vehicles issued PERMIT or MACHINERY license plates;
• Trailers and semitrailers with a gross weight of 4,000 pounds or under; or
• Non-titled farm trailers and farm semitrailers.
Allocation of Transfer Fees
Motor Vehicle Title Manual 3-11 TxDMV April 2015
Rejected Transactions
If a vehicle purchaser attempts to file application for Texas title and the title transaction is
rejected by a county tax assessor-collector’s office because the transaction is not in proper
order, the purchaser is liable for the delinquent transfer penalty if the 30 day period has
expired at the time the application is subsequently and correctly filed.
3.4 Allocation of Transfer Fees
Transportation Code Section 501.148
(a) The county assessor-collector may retain as commission for services provided
under this subchapter half of each late fee.
(b) The county assessor-collector shall report and remit the balance of the fees
collected to the department on Monday of each week as other fees are required to
be reported and remitted. The department shall deposit the remitted fees in the
state treasury to the credit of the Texas Department of Motor Vehicles fund.
(c) Of each late fee collected from a person who does not hold a general
distinguishing number by the department under Subsection (b), $10 may be used
only to fund a statewide public awareness campaign designed to inform and
educate the public about the provisions of this chapter.
Title and transfer penalty fees are itemized on the Title Application Receipt, Form
VTR-500-RTS, or Form VTR-31-RTS. These fees appear on appropriate reports
generated by the registration and title systems, which also denote the fee split between the
county and the department.
3.5 Nonrepairable or Salvage Vehicle Title Application Fees
Refer to the TxDMV Salvage/Nonrepairable Motor Vehicle Manual.
3.6 Rebuilt Salvage Fees
Refer to the TxDMV Salvage/Nonrepairable Motor Vehicle Manual.
3.7 Title Fee Chart
These are title fees only. Sales tax and registration fees may also apply.
Table 3-2 Title Fee Chart
Fee Fee Amount
Title Application $33.00 (Non-attainment county)
$28.00 (other, Attainment county)
Rebuilt Salvage $65.00
Salvage Vehicle Title $8.00
Nonrepairable Vehicle Title $8.00
Certified Copy of Texas Certificate of Title $2.00 (if mailed in)
$5.45 (in person, at Regional Service Centers)
Certified Copy of Texas Salvage Vehicle Title $2.00 (mail in is the only option)
Title Fee Chart
Motor Vehicle Title Manual 3-12 TxDMV April 2015
Certified Copy of Texas Nonrepairable Vehicle
Title
$2.00 (mail in is the only option)
Bonded Title Application Fee $15.00
Restitution Lien Fee $5.00 (plus title application fee)
Foreclosure Lien Notification Fee $25.00
Table 3-2 Title Fee Chart
Fee Fee Amount
Motor Vehicle Title Manual 4-1 TxDMV April 2015
Chapter 4
DEFINITIONS
This chapter contains the following:
• 4.1 Definitions
• 4.2 Remarks/Brands
4.1 Definitions
Transportation Code Section 501.002
In this chapter:
(1) “Certificate of title” means a printed record of title issued under Section
501.021. (See “Transportation Code Section 501.021”)
(2) “Credit card” means a card, plate, or similar device used to make a purchase
or to borrow money.
(3) Dealer” has the meaning assigned by Section 503.001.
503.001(4) states “Dealer” means a person who regularly and actively buys, sells, or
exchanges vehicles at an established and permanent location. The term includes a
franchised motor vehicle dealer, an independent motor vehicle dealer, and a wholesale
vehicle dealer.
(4) “Debit card” means a card that enables the holder to withdraw money or to
have the cost of a purchase charged directly to the holder’s bank account.
(5) “Department” means the Texas Department of Motor Vehicles.
The name of the State Highway Department was changed to the State Department of
Highways and Public Transportation by the 64th Texas Legislature, Regular Session,
1975, and more recently changed from the State Department of Highways and Public
Transportation to the Texas Department of Transportation by the 72nd Texas Legislature,
First Called Session, 1991. The 81st Texas Legislature formed a new Texas Department of
Motor Vehicles currently responsible for vehicle titling and registration. Consequently, a
reference in law to the “department,” “Highway Department,” “State Highway
Department,” “State Department of Highways and Public Transportation,” or “Texas
Department of Transportation” may be construed as meaning the “Texas Department of
Motor Vehicles.”
(6) “Distributor” has the meaning assigned by Section 2301.002, Occupations
Code.
(7) “Electric bicycle” has the meaning assigned by Section 541.201.
(8) “First sale” means:
(A) the bargain, sale, transfer, or delivery of a motor vehicle that has not
been previously registered or titled, with intent to pass an interest in the
motor vehicle, other than a lien, regardless of where the bargain, sale,
transfer, or delivery occurred; and
Definitions
Motor Vehicle Title Manual 4-2 TxDMV April 2015
(B) the registration or titling of that vehicle.
(9) “House trailer” means a trailer designed for human habitation. The term
does not include manufactured housing.
(10) “Importer” means a person, other than a manufacturer, that brings a used
motor vehicle into this state for sale in this state.
(11) “Importer’s certificate” means a certificate for a used motor vehicle brought
into this state for sale in this state.
Since the title law was passed in 1939, the volume of out of state vehicles being brought
into this state by residents, nonresidents, new residents, members of the Armed Forces,
auto auction companies, and dealers has grown to such extent that it is almost impossible
for a county tax assessor-collector’s office to determine whether the vehicle was brought
into this state for the purpose of sale as provided by this section. For this reason, counties
should not reject an application for Texas title supported by proper evidence of ownership
for lack of an attached importer’s certificate.
(12) “Lien” means:
(A) a lien provided for by the constitution or statute in a motor vehicle; or
(B) a security interest, as defined by Section 1.201, Business & Commerce
Code, in a motor vehicle, other than an absolute title, created by any
written security agreement, as defined by Section 9.102, Business &
Commerce Code, including a lease, conditional sales contract, deed of
trust, chattel mortgage, trust receipt, or reservation of title.
(C) a child support lien under Chapter 157, Family Code.
(13) “Manufactured housing” has the meaning assigned by Chapter 1201,
Occupations Code.
Under the Texas Manufactured Housing Standards Act, the term “manufactured housing”
includes mobile homes. Therefore, mobile homes are excluded from the provisions of the
Certificate of Title Act.
(14) “Manufacturer” has the meaning assigned by Section 503.001.
In addition to persons engaged in the business of manufacturing new motor vehicles, the
term “Manufacturer” includes persons engaged in the business of assembling vehicles for
resale using all new component parts. All manufacturers are required to furnish a
Manufacturer’s Certificate of Origin (MCO) covering the entire vehicle they assemble,
and the MCO must conform to the MCO approved by VTR except for trailer
manufacturers. Trailer manufacturers are not required to utilize an MCO printed by a
“secured” process; however, VTR recommends the “secure” MCO.
(15) “Manufacturer’s permanent vehicle identification number” means the
number affixed by the manufacturer to a motor vehicle in a manner and place
easily accessible for physical examination and die-stamped or otherwise
permanently affixed on one or more removable parts of the vehicle.“
(16) Motorcycle” has the meaning assigned by Section 521.001 or 541.201, as
applicable.
(17) Motor vehicle” means:
Definitions
Motor Vehicle Title Manual 4-3 TxDMV April 2015
(A) any motor driven or propelled vehicle required to be registered under the
laws of this state;
(B) a trailer or semitrailer, other than manufactured housing, that has a
gross vehicle weight that exceeds 4,000 pounds;
(C) a travel trailer;
(D) an all-terrain vehicle or a recreational off-highway vehicle, as those
terms are defined by Section 502.001, designed by the manufacturer for
off-highway use that is not required to be registered under the laws of this
state; or
(E) a motorcycle, motor-driven cycle, or moped that is not required to be
registered under the laws of this state.
(18) “New motor vehicle” has the meaning assigned by Section 2301.002,
Occupations Code.
(19) “Owner” means a person, other than a manufacturer, importer, distributor,
or dealer, claiming title to or having a right to operate under a lien a motor
vehicle that has been subject to a first sale.
(20) “Purchaser” means a person or entity to which a motor vehicle is donated,
given, sold, or otherwise transferred.
(21) “Record of title” means an electronic record of motor vehicle ownership in
the department’s motor vehicle database that is created under Subchapter I.
(22) “Seller” means a person or entity that donates, gives, sells, or otherwise
transfers ownership of a motor vehicle.
(23) “Semitrailer” means a vehicle that is designed or used with a motor vehicle
so that part of the weight of the vehicle and its load rests on or is carried by
another vehicle.
(24) “Serial number” means a vehicle identification number that is affixed to a
part of a motor vehicle and that is:
(A) the manufacturer’s permanent vehicle identification number;
(B) a derivative number of the manufacturer’s permanent vehicle
identification number;
(C) the motor number; or
(D) the vehicle identification number assigned by the department.
(25) “Steal” has the meaning assigned by Section 31.01, Penal Code.
Under Section 31.01, Penal Code, “steal” means to acquire a service or property by theft.
(26) “Subsequent sale” means:
(A) the bargain, sale, transfer, or delivery of a used motor vehicle, with intent
to pass an interest in the vehicle, other than a lien; and
(B) the registration of the vehicle if registration is required under the laws of
this state.
Definitions
Motor Vehicle Title Manual 4-4 TxDMV April 2015
(27) “Title” means a certificate or record of title that is issued under Section
501.021.
(28) “Title receipt” means a document issued under Section 501.024.
The term “title receipt” as defined above is the Tax Collector’s Receipt for Title
Application / Registration / Motor Vehicle Tax, Form VTR-500-RTS, or Form
VTR-31-RTS.
(29) “Trailer” means a vehicle that:
(A) is designed or used to carry a load wholly on the trailer’s own structure;
and
(B) is drawn or designed to be drawn by a motor vehicle.
(30) “Travel trailer” means a house trailer-type vehicle or a camper trailer:
(A) that is a recreational vehicle defined under 24 C.F.R. Section 3282.8(g);
or
(B) that:
(i) is less than eight feet in width or 40 feet in length, exclusive of any
hitch installed on the vehicle;
(ii) is designed primarily for use as temporary living quarters in
connection with recreational, camping, travel, or seasonal use;
(iii) is not used as a permanent dwelling; and
(iv) is not a utility trailer, enclosed trailer, or other trailer that does not
have human habitation as its primary function.
(31) “Used motor vehicle” means a motor vehicle that has been the subject of a
first sale.
(32) “Vehicle identification number” means:
(A) the manufacturer’s permanent vehicle identification number affixed by
the manufacturer to the motor vehicle that is easily accessible for
physical examination and permanently affixed on one or more removable
parts of the vehicle; or
(B) a serial number affixed to a part of a motor vehicle that is:
(i) a derivative number of the manufacturer’s permanent vehicle
identification number;
(ii) the motor number; or
(iii) a vehicle identification number assigned by the department.
Remarks/Brands
Motor Vehicle Title Manual 4-5 TxDMV April 2015
4.2 Remarks/Brands
The chart below lists all of the remarks/brands that may be found in the Registration and
Title System, TxDMV Mainframe, printed on the title or any combination thereof.
Table 4-1 Remarks/Brands
REMARK LOCATION DESCRIPTION
ABANDONED MOTOR
VEHICLE
RTS, Mainframe The vehicle has been deemed “abandoned” in accordance with Chapter 683
of the Transportation Code. This vehicle cannot be transferred or rebuilt and
operated on public roads.
ACTUAL MILEAGE RTS, Mainframe,
Title
The mileage indicated on the vehicle’s odometer at the time of title transfer
was the actual distance in miles that the vehicle had been driven.
ADDTIONAL LIENS
RECORDED
RTS, Mainframe More than one lien is listed on the motor vehicle record.
APPREHENDED RTS, Mainframe The gross weight of the vehicle exceeds the registered weight. And the
Motor Carrier was apprehended by law enforcement for the weight violation
in the county number listed.
BONDED TITLE RTS, Mainframe,
Title
Title was secured by the posting of a certificate of title surety bond.
BONDED TITLE –
SUSPENDED
RTS, Mainframe The bonded title transaction has been suspended.
BONDED TITLE –
AWAITING REMOVAL
RTS, Mainframe Three-year bond period has ended.
BRAND HOLD DATE
MM/DD/YYYY
RTS, Mainframe This remark appears on a record for which a NMVTIS inquiry has been
conducted and a brand error has been identified. This remark can only be
removed by the TxDMV.
CCO ISSUED
(MM/DD/YYYY)
RTS, Mainframe A certified copy of the original title was issued on the date specified.
CHILD SUPPORT RTS, Mainframe Family Code, Chapter 232, authorizes the DMV to suspend or deny the
renewal of motor vehicle registration for non-payment of child support.
CITY SCOFFLAW: (CITY) RTS, Mainframe This remark indicates that the vehicle owner has an outstanding fine for a
traffic law violation in the named city or municipality.
CMRTR ISSUED:
MM/DD/YYYY
RTS, Mainframe This remark indicates that a Certified Metal Recycler Title Receipt has been
issued for this vehicle.
COA ISSUED
(MM/DD/YYYY)
RTS, Mainframe A Certificate of Authority to Demolish a Motor Vehicle has been issued.
This vehicle cannot be rebuilt and operated on public roads.
COUNTY SCOFFLAW:
(3-DIGIT COUNTY #)
RTS, Mainframe This remark indicates that the vehicle owner owes the county money for a
fine, fee, or tax that is past due.
CREDIT VOUCHER
ISSUED
RTS, Mainframe The vehicle was totally destroyed. A registration fee credit may be applied
toward the registration of another vehicle owned by the same person. A
registration refund could not be authorized since the vehicle had been
operated on a public highway during a portion of the current registration
year.
DATE OF ASSIGNMENT RTS, Mainframe The date of sale of a motor vehicle as shown on the ownership transfer
document.
DIESEL RTS, Mainframe,
Title
The vehicle is diesel-powered.
Remarks/Brands
Motor Vehicle Title Manual 4-6 TxDMV April 2015
DOT PROOF REQUIRED RTS Indicates that proof of compliance with US Department of Transportation
(DOT) safety regulations is required before title can be issued. If this remark
is indicated on an RPO record, the vehicle may not be titled in the US and
the registration cannot be renewed. (Same as DOT STANDARDS in
Mainframe)
DOT STANDARDS (y/n) Mainframe Indicates that proof of compliance with US Department of Transportation
(DOT) safety regulations is required before title can be issued. If this remark
is indicated on an RPO record, the vehicle may not be titled in the US and
the registration cannot be renewed. (Same as DOT PROOF REQUIRED in
RTS)
DPS-EMISSIONS PRGM
NON-COMPLIANCE
EMISSIONS TEST: (D)
RTS, Mainframe Indicates the vehicle did not pass an emissions test as required by an
emissions testing county for vehicles 2 through 24 years old and
gasoline-powered.
DPS SAFETY
SUSPENSION
RTS, Mainframe The Department of Public Safety has placed a suspension on the motor
vehicle registration due to the owner’s failure to maintain financial
responsibility.
DPS STOLEN VERIFY
TCIC BY VIN
Mainframe DPS has notified VTR that the vehicle has been reported stolen. Check with
reporting police agency that placed the remark in the NCIC-TCIC (National
Crime Information Center-Texas Crime Information Center) files to see if the
vehicle is still stolen or if a recovery notice has been received within the past
few days.” The placing and removal of stolen remarks in the VTR computer
is done weekly by the DPS. (Same as STOLEN – VERIFY TCIC BY VIN in
RTS)
DUPLICATE
NONREPAIRABLE
VEHICLE TITLE ISSUED
RTS The original Nonrepairable Vehicle Title (NVT) was lost, stolen or mutilated
and a Duplicate NVT was issued.
DUPLICATE
NONREPAIRABLE
CERTIFICATE OF TITLE
Mainframe The original Nonrepairable Certificate of Title (NRCOT) was lost, stolen or
mutilated and a Duplicate NRCOT was issued. Obsolete but still displays on
old records
DUPLICATE
NONREPAIRABLE
VEHICLE TITLE
Mainframe The original Nonrepairable Vehicle Title (NVT) was lost, stolen or mutilated
and a Duplicate NVT was issued.
DUPLICATE REG –
(RECORD # OF #)
Mainframe The department’s records contain two or more records with the same
license plate number.
DUPLICATE SALVAGE
CERTIFICATE ISSUED
Mainframe The original Salvage Certificate was lost, stolen or mutilated and a Duplicate
Salvage Certificate was issued. Obsolete but still displays on old records.
DUPLICATE SALVAGE
CERTIFICATE OF TITLE
Mainframe The original Salvage Certificate of Title (SCOT) was lost, stolen or mutilated
and a Duplicate SCOT was issued. Obsolete but still displays on old
records.
DUPLICATE SALVAGE
TITLE ISSUED
Mainframe The original Salvage Title or Certificate was lost, stolen or mutilated and a
Duplicate Salvage Title was issued.
DUPLICATE SALVAGE
VEHICLE TITLE ISSUED
RTS The original Salvage Vehicle Title (SVT), Title or Certificate was lost, stolen
or mutilated and a Duplicate SVT was issued.
E-TITLE RTS, Mainframe A title record that is held in an electronic status, which includes a title record
with an electronic lien. e-Titles support only one lien entry. A paper title is
not printed.
Table 4-1 Remarks/Brands
REMARK LOCATION DESCRIPTION
Remarks/Brands
Motor Vehicle Title Manual 4-7 TxDMV April 2015
E-TITLE PRINT DATE:
[MM/DD/YYYY]
RTS, Mainframe As of February 13, 2012, when an e-lienholder release an ELT, a paper title
is automatically printed and mailed to the owner’s address or a third party as
specified by the e-lienholder. Upon releasing the ELT, this remark is added.
EVIDENCE
SURRENDERED BY
OWNER
RTS The department has received the title or some other valid evidence of
ownership on this vehicle from the owner of the vehicle. The title record has
been canceled.
EVIDENCE SURR BY
SALVAGE YARD:
(#, date)
RTS, Mainframe On (date), salvage yard (#) surrendered the Certificate of Title or other
evidence of ownership to the vehicle with a Form VTR-340 to the
department. The title record has been cancelled and marked “JUNKED.”
EXEMPT RTS, Mainframe,
Title
Vehicle is owned, or leased by an agency of the State, City, County, school
district or Federal Government. The vehicle may display a license plate with
the legend “Exempt” along with six or seven numbers.
EXPORT ONLY RTS, Mainframe An export-only motor vehicle is a nonrepairable or salvage motor vehicle
that is offered for sale in this state to a person who resides in a jurisdiction
outside the United States (non-US resident).
FIXED WEIGHT RTS, Mainframe A commercial vehicle has been registered for the actual weight of the empty
vehicle plus the weight of the permanently mounted machinery or equipment
which must cover at least two-thirds (2/3) of the bed.
FLOOD DAMAGED RTS, Mainframe,
Title
The vehicle has been damaged exclusively by flood water to the extent that
it meets the definition of a salvage vehicle.
FMCSA RESTRICTED
UNIT (PRISM LEVEL
CODE)
RTS, Mainframe Data provided by TxIRP. A carrier account is out of compliance with
Performance and Registration Information Systems Management (PRISM).
The vehicle belongs to an unfit carrier, and the carrier is considered a risk.
FMCSA RESTRICTED
UNIT – UNSAFE
RTS, Mainframe Data provided by TxIRP. This vehicle has been found unsafe to drive by the
Federal Motor Carrier Safety Administration (FMCSA). Repairs or
modifications and FMCSA inspection required before it can be operated
again.
HEAVY VEHICLE USE
TAX VERIFIED
RTS, Mainframe Indicates that the clerk verified proof of payment of the Federal Heavy
Vehicle Use Tax or that the vehicle is exempt from payment.
HOT CK (Title or Regis) Mainframe A check in payment of title or registration related fees was not honored by
the bank on which it was drawn, and such check was returned to the payee
unpaid.
JUNKED on
(YYYY/MM/DD)
RTS, Mainframe The vehicle described on the motor vehicle record is salvage, scrapped,
destroyed, or dismantled in such a manner that it loses its character as a
motor vehicle. The title or other legal evidence of ownership was
surrendered to TxDMV on (date) to advise the vehicle has been junked and
the title has been cancelled. Obsolete, but may still display on old records.
LEGAL
RESTRAINT-CONTACT
TxDMV (file #)
RTS, Mainframe This remark includes a file number used to reference documentation
associated with an owner retained vehicle (OR#/ORSAL/ORNR), court
restraining order (CR#), or other administrative stops (OP# or DC).
LIEN NOT RELEASED RTS, Mainframe The first lien was not released. (Only applies to JUNKED vehicles.)
LIEN2 NOT RELEASED RTS, Mainframe The second lien was not released. (Only applies to JUNKED vehicles.)
LIEN3 NOT RELEASED RTS, Mainframe The third lien was not released. (Only applies to JUNKED vehicles.)
MAIL RETURNED RTS, Mainframe The registration renewal mailed to the vehicle owner or registered owner’s
original or duplicate title (if issued prior to 9-01-01) was returned by the post
office to VTR as being undeliverable. Obsolete, but may still display on old
records.
Table 4-1 Remarks/Brands
REMARK LOCATION DESCRIPTION
Remarks/Brands
Motor Vehicle Title Manual 4-8 TxDMV April 2015
MANUFACTURER
BUYBACK
RTS, Mainframe,
Title
This motor vehicle was returned to the manufacturer because of unresolved
warranty defects or a title brand has been carried forward from an out of
state title or evidence of ownership (Lemon Law).
MILEAGE EXCEEDS
MECHANICAL LIMITS
RTS, Mainframe,
Title
The odometer reading has exceeded the mechanical limits of the odometer.
For example, if the mechanical limitation of an odometer is a 5-digit reading,
it cannot record more than 99,999 miles.
MULTIPLE SURVIVORS RTS, Mainframe,
Title
This remark will accompany the “SURVIVORSHIP” brand. The “MULTIPLE
SURVIVORS” brand may appear below the “SURVIVORSHIP RIGHTS”
brand when there are more than 2 persons in the agreement.
NMVTIS HOLD
MM/DD/YYYY
RTS, Mainframe This remark appears on a record for which a NMVTIS inquiry has been
conducted and an error has been identified. This remark can be removed by
processing the transaction through the Correct Title Rejection event in RTS.
NONREPAIRABLE
CERTIFICATE OF TITLE
ISSUED
RTS, Mainframe A Nonrepairable Certificate of Title (NRCOT) was issued prior to 9/2003 on
the motor vehicle indicating the estimated cost of repair was 95% or more of
the vehicle’s pre-damaged actual cash value. The vehicle may be rebuilt
and operated on public roads. Obsolete, but may still display on old title.
New titles will be branded “Rebuilt Salvage – Damaged.”
NONREPAIRABLE
VEHICLE TITLE ISSUED
RTS, Mainframe A Nonrepairable Vehicle Title (NVT) was issued on or after 9/2003 on the
motor vehicle indicating the only residual value of the vehicle is as a source
of parts or scrap metal. The vehicle may not be rebuilt or operated on public
roads.
NOT ACTUAL MILEAGE RTS, Mainframe,
Title
The mileage indicated on the vehicle’s odometer at the time of title transfer
or application filing was not the actual distance in miles that the vehicle has
been driven.
NO REGISTRATION –
ATV/UTV
RTS, Mainframe Non street legal mini-bikes including 3 and 4-wheel all-terrain vehicles and
recreational off-highway vehicles that are required to be titled, but cannot be
registered with or without modifications.
NO REG/TTL GC RTS, Mainframe Effective 9-1-09 golf carts cannot be registered, with the exception of
Grayson County pursuant to TC 504.510. They may operate on certain
restricted public highways with a posted speed limit of 35 mph or less, but
are required to display a slow moving emblem.
ON LOAN TO EXEMPT
AGENCY
RTS, Mainframe The vehicle is not owned by the user, such as a Driver Education vehicle,
and is registered by the user with Exempt License Plates but is not required
to be titled.
OWNED BY US
GOVERNMENT
RTS, Mainframe The vehicle is leased from the U.S. Government and shall be registered with
regular registration, and a RPO receipt shall be issued in the name of the
lessee.
OWNER
SURRENDERED
(xxxxxxx)
Mainframe The department has received the title or some other valid evidence of
ownership (as noted) on this vehicle from the owner of the vehicle. The title
record has been canceled.
PAPER TITLE RTS, Mainframe A paper title has been issued.
PERMIT REQUIRED TO
MOVE
(PARK MODEL TRAILER)
RTS, Mainframe,
Title
The vehicle information selected on the Class/Plate/Sticker screen qualifies
this vehicle as a Park Model Trailer that exceeds length and/or width
limitations. An oversize and/or overweight permit will be required to move
the vehicle on public roads.
PLATE AGE RTS, Mainframe Reflects the number of years the license plates have been assigned for
display on the vehicle for which the plates were originally issued. This will
vary from the word “ANNUAL” to a numeric character.
Table 4-1 Remarks/Brands
REMARK LOCATION DESCRIPTION
Remarks/Brands
Motor Vehicle Title Manual 4-9 TxDMV April 2015
PLATE REMOVED FROM
VEHICLE
Mainframe When an owner submits a Vehicle Transfer Notification (VTR-346), online or
on paper AND selects that they kept their plates, the phrase PLATE
REMOVED FROM VEHICLE is added to the mainframe remarks along with
the VEH TRANSFERRED: YYYY/MM/DD remark.
PLATES SEIZED RTS, Mainframe Law enforcement has removed the license plates.
PRIOR CCO ISSUED RTS, Mainframe A Certified Copy of An Original Texas Certificate of Title (CCO) was used to
file for a corrected title with no change of ownership. This remark will show
on the vehicle record but it will not print on the title document.
PRIVATE LAW
ENFORCEMENT
VEHICLE
RTS, Mainframe Any vehicle that is owned or leased by a governmental entity, a police
department of an educational institution that commissions peace officers, or
a peace officer authorized to use a personal vehicle for law enforcement
purposes.
REBUILT SALVAGE –
DAMAGED
RTS, Mainframe,
Title
The title transaction was supported by a Texas Salvage ownership
document, or was carried forward from the previous Texas motor vehicle
record. If titled prior to 9-1-2003, then SCOT was issued. If titled on or after
9-1-2003, then SVT was issued.
REBUILT SALVAGE –
ISSUED BY: (STATE)
RTS, Mainframe,
Title
This remark includes the 2-letter abbreviation for the other state or country
which issued a salvage certificate/certificate of title and supported the title
transaction, or was carried forward from the previous Texas motor vehicle
record.
REBUILT SALVAGE –
LOSS UNKNOWN
RTS, Mainframe,
Title
The title transaction was supported by a Texas Salvage Certificate, or was
carried forward from the previous Texas motor vehicle record. Degree of
damage is unknown. Obsolete, but still displays on old records.
REBUILT SALVAGE-
95% PLUS LOSS
RTS, Mainframe,
Title
The title transaction was supported by a Texas Nonrepairable Certificate of
Title, or was carried forward from the previous Texas motor vehicle record.
Obsolete, but still displays on old records.
REBUILT SALVAGE-
75-94% LOSS
RTS The title transaction was supported by a Texas Salvage Certificate of Title,
or was carried forward from the previous Texas motor vehicle record.
Obsolete, but still displays on old records.
RECONDITIONED RTS, Mainframe,
Title
The vehicle was damaged by collision, fire, hail, or other types of damage
(other than by flood) and rendered a total loss by an insurance company.
The vehicle was later placed in operable condition, the salvage title was
surrendered and application for Texas title was filed. A valid Texas title was
issued, and the notation “RECONDITIONED” was reflected on the new title
and carried forward on all subsequent Texas titles. Obsolete but still
displays on old records. (NOTE: This remark was replaced with a “REBUILT
SALVAGE-DAMAGED” remark for Texas titles issued on and after 8-1-97.)
RECONSTRUCTED RTS, Mainframe,
Title
The vehicle has been converted in such a manner that it no longer
resembles the vehicle as originally manufactured.
REFUND PENDING
REGIS REFUND
REFUND: Y/N
RTS, Mainframe A refund has been authorized by a Regional Office but has not been claimed
by the owner of record. (The vehicle cannot be transferred unless the
vehicle is reregistered or the refund is voided.)
REG INSUFFICIENT
FUNDS
RTS A check in payment of registration related fees was not honored by the bank
on which it was drawn, and such check was returned to the payee unpaid.
REGISTERED BY RTS, Mainframe This remark is used for the name of an individual or business other than the
owner, who is registering the vehicle.
REGISTRATION INVALID RTS, Mainframe The registration is not valid. Example – After a refund is processed or a
Salvage Vehicle Title is issued, the registration is invalid.
Table 4-1 Remarks/Brands
REMARK LOCATION DESCRIPTION
Remarks/Brands
Motor Vehicle Title Manual 4-10 TxDMV April 2015
REGISTRATION
PURPOSES ONLY
RTS, Mainframe Texas issued registration only. The negotiable title for the vehicle was
issued by another state, and remains the negotiable evidence of ownership.
REPLICA RTS, Mainframe,
Title
An established make of a previous year model vehicle has been assembled
as a new vehicle or built by a motor vehicle manufacturer.
RIGHTS OF
SURVIVORSHIP
Title A survivorship agreement signed by two or more eligible persons indicating
that the vehicle is held jointly was filed with the title transaction. As of April
2012, this was renamed “SURVIVORSHIP RIGHTS”, however existing
records may still display this remark. (Same as SUVIVORSHIP RIGHTS).
SALVAGE CERTIFICATE
ISSUED
RTS, Mainframe Indicates that a salvage certificate was issued on the motor vehicle.
Discontinued remark 9-1-03. Obsolete but still displays on old records.
SALVAGE CERTIFICATE
OF TITLE ISSUED
RTS, Mainframe Indicates that a Salvage Certificate of Title (SCOT) was issued on the motor
vehicle because the estimated cost of repair was 75% or more of the
vehicle’s pre-damaged actual cash value. Obsolete but still displays on old
records, (Became SALVAGE VEHILCE TTITLE ISSUED).
SALVAGE VEHICLE
TITLE ISSUED
RTS, Mainframe Indicates that a Salvage Vehicle Title (SVT) was issued on the motor vehicle
because the estimated cost of repair was greater than the vehicle’s
pre-damaged actual cash value. Implemented 9-1-03.
SALVAGED ON
YYYY/MM/DD and
SALVAGE YARD #####
RTS, Mainframe When a license salvage dealer surrenders a title to the department the
vehicle record will show these two remarks.
SCHEDULED FOR
DELETION
RTS, Mainframe Upon request from a county tax assessor-collector’s office, a record may be
deleted by VTR prior to issuance if record was incorrectly accessed or a
customer does not return to the county tax assessor-collector to correct a
rejected transaction.
SOLID TIRES RTS, Mainframe The vehicle is equipped with solid rubber tires.
SPECIAL EXAMINATION
REQUIRED
RTS, Mainframe Transactions marked for special handling that a county tax assessorcollector’s
office considers “questionable” and are requesting headquarters
to re-examine.
STICKER SEIZED RTS, Mainframe The county tax assessor-collector’s office was notified by law enforcement
that the registration sticker has been seized.
STOLEN – VERIFY TCIC
BY VIN
RTS DPS has notified VTR that the vehicle has been reported stolen. Check with
reporting police agency that placed the remark in the NCIC-TCIC (National
Crime Information Center-Texas Crime Information Center) files to see if the
vehicle is still stolen or if a recovery notice has been received within the past
few days. The placing and removal of stolen remarks in the VTR computer is
done weekly by the Texas Department of Public Safety.
SURVIVORSHIP RIGHTS RTS, Mainframe,
Title
A survivorship agreement signed by two or more eligible persons indicating
that the vehicle is held jointly was filed with the title transaction. (Same as
above). (SAME AS RIGHTS OF SURVIVORSHIP). However this brand may
be accompanied by up to two printed names (of the persons) or the
“MULTIPLE SURVIVORS” brand if more than two persons are involved.
TCEQ-EMISSION PRGM
NON-COMPLIANCE
EMISSIONS TEST: (T)
RTS, Mainframe The vehicle was a) detected as a potential gross polluter while being
operated in a county in which emission testing is required, and has not
passed an emissions test; or b) qualified as part of a low-income
accelerated vehicle retirement program (LIRAP), and its required parts must
be destroyed or removed in accordance with state and federal regulations.
Table 4-1 Remarks/Brands
REMARK LOCATION DESCRIPTION
Remarks/Brands
Motor Vehicle Title Manual 4-11 TxDMV April 2015
TITLE APPLICATION
AWAITING RELEASE
RTS, Mainframe This remark indicates that a Texas titled vehicle has been transferred and
an application for a new title by the new owner has been received by VTR. A
new title is in the process of being issued.
TITLE HELD AWAITING
DPS OK
RTS, Mainframe A title transaction is awaiting confirmation from the Department of Public
Safety that the vehicle is not a stolen vehicle.
TITLE REJECTED RTS, Mainframe The title transaction has been rejected and returned to the county tax
assessor-collector’s office that originally processed the transaction for
correction.
TITLE REVOKED RTS, Mainframe The title document number shown on the motor vehicle record has been
revoked as a result of fraudulent evidence, false information, a stolen or
converted vehicle, failure to provide proper evidence of ownership and
documentation, revoked ownership and documentation, or revoked
registration.
TITLE SUPERSEDED RTS, Mainframe A title transaction is in process on this motor vehicle record. The superseded
record is no longer valid. A new transaction (record) has taken the place of
the previous record.
TITLE SURRENDERED
TO: (2-letter STATE
ABBREVIATION) ON
(MM/DD/YYYY)
RTS, Mainframe A Texas-titled vehicle has been taken to another state, and its owner applied
for a title in the new state. The new state returned the Texas title to the
department with a “surrendered” notice. Date on remark is date VTR
received the notice.
TITLE WAITING TO
PRINT
RTS A title transaction is in process.
TITLE WAITING TO
PRINT (REPRINT)
RTS A title transaction is in process.
TOLL SCOFFLAW: (TOLL
ROAD AUTHORITY)
RTS, Mainframe This remark indicates that the vehicle owner has an outstanding toll road
violation from the named toll road authority.
VEHICLE CRUSHED
MM/DD/YYYY
RTS, Mainframe Indicates that a metal recycler has reported this vehicle as destroyed
(crushed).
VEHICELE
TRANSFERED:
(MM/DD/YYYY)
RTS, Mainframe The recorded owner notified TxDMV that on a specific date they sold,
donated or traded their vehicle.
VERIFY INSPECTION RTS, Mainframe This remark is placed on the vehicle record when “OUT ST” is selected by
an individual self-certifying the vehicle is out of state and unable to return for
an inspection or selected by the county tax assessor-collector’s office when
an applicant completes a VTR-272-B. The remark is for law enforcement
purposes only and counties are not required to take any action as a results
of this remark.
VIN CERTIFICATION
WAIVED
RTS, Mainframe,
Title
The DPS Vehicle Inspection Report or Out-of-State Identification Certificate,
Form VI-30, was not provided when an out of state vehicle was first titled in
Texas, when a vehicle was apprehended, or with Title-Only applications.
Remark is used to advise the county tax assessor-collector’s offices to
require a new title application that includes the VIN certification form if the
vehicle is registered at a later date on any subsequent Texas title
applications.
VIN IN ERROR RTS, Mainframe The vehicle identification number (VIN) is in error or the year model is 1980
or older and the VIN is not a 17-digit VIN.
Table 4-1 Remarks/Brands
REMARK LOCATION DESCRIPTION
Motor Vehicle Title Manual 5-1 TxDMV April 2015
Chapter 5
CERTIFICATE OF TITLE REQUIREMENTS
This chapter contains the following sections:
• 5.1 Applicability
• 5.2 History
• 5.3 Certificate of Title
• 5.4 Motor Vehicle Title Required
• 5.5 Trailers and Semitrailers
• 5.6 Farm Trailers and Farm Semitrailers
• 5.7 Issuance of Title to Government Agency
• 5.8 Federal Government Vehicles
• 5.9 Office of Foreign Missions
• 5.10 Alias Certificate of Title
• 5.11 Sale or Offer without Title Receipt or Title
5.1 Applicability
Transportation Code Section 501.004
(a) Except as provided by this section, this chapter applies to all motor vehicles,
including a motor vehicle owned by the state or a political subdivision of the
state.
(b) This chapter does not apply to:
(1) a trailer or semitrailer used only for the transportation of farm products if the
products are not transported for hire;
(2) the filing or recording of a lien that is created only on an automobile
accessory, including a tire, radio, or heater;
(3) a motor vehicle while it is owned or operated by the United States; or
(4) a new motor vehicle on loan to a political subdivision of the state for use only
in a driver education course approved by the Central Education Agency.
5.2 History
Refer to Transportation Code Section 501.002 (14) for Motor Vehicle Definition.
History
The Certificate of Title Act required motor vehicles to be titled starting October 1, 1939;
however, owners were given until January 1, 1942, to title any motor vehicle purchased
after January 1, 1936. Under the requirements of this Act, a county tax assessor-collector’s
office could not register or re-register a motor vehicle until the vehicle was titled in the
owner’s name.
Certificate of Title
Motor Vehicle Title Manual 5-2 TxDMV April 2015
New vehicles purchased prior to January 1, 1936, could be registered by presenting a
previous year’s registration receipt showing “exempt” in the title number space. If an
owner sells one of these untitled motor vehicles, the owner must title in their name prior to
reselling. An owner of a motor vehicle that is registered at the time of title application is
required to provide valid proof of financial responsibility.
Prior to May 3, 1947, “exempt” motor vehicles owned by the State of Texas or a
subdivision were registered yearly. However, such vehicles were not required to be titled.
House Bill 273, 50th Legislature, which became effective May 3, 1947, provided that
motor vehicles owned or acquired after that date by the State of Texas or any of its
subdivisions – county, city, school district, state supported institutions, or any other
governmental agency created under Article 16, Section 59, of the Constitution of Texas –
must be titled. House Bill 273 also stipulated that all provisions of the Certificate of Title
Act apply to such vehicles except that they are “exempt” from all fees levied by the State
of Texas.
Effective Dates:
• Motor Vehicles – October 1, 1939
• Trailers and Semitrailers – August 11, 1959
• Camper Trailers – September 1, 1967
• Off-Highway Motorcycles – September 1, 1975
• Mopeds – September 1, 1983
• ATVs – September 1, 1985
• Recreational Off-Highway Vehicles – September 1, 2009
Re-Registration
When a certificate of title and license receipt is presented as evidence for re-registration,
the county tax assessor-collector’s office should check the back of the title for any
indication of a possible transfer of ownership.
• If the assignment of title has been completed showing transfer of ownership to a new
owner, an application for Texas title in the new owner’s name must be filed before the
vehicle can be registered.
• If an assignment of title shows a signature of the seller and the assignment has not
been completed showing the name and address of a purchaser, the county tax
assessor-collector’s office should request identification from the applicant to
determine that he or she is the same person whose name appears on the face of the
title. If it is not the same person, counties should not issue registration until the
assignment is completed and the new owner has filed an application for transfer of
title.
5.3 Certificate of Title
Transportation Code Section 501.021
(a) A motor vehicle title issued by the department must include:
(1) the legal name and address of each purchaser and seller at the first sale or a
subsequent sale;
Motor Vehicle Title Required
Motor Vehicle Title Manual 5-3 TxDMV April 2015
(2) the make of the motor vehicle;
(3) the body type of the vehicle;
(4) the manufacturer’s permanent vehicle identification number of the vehicle or
the vehicle’s motor number if the vehicle was manufactured before the date
that stamping a permanent identification number on a motor vehicle was
universally adopted;
(5) the serial number for the vehicle;
(6) the name and address of each lienholder and the date of each lien on the
vehicle, listed in the chronological order in which the lien was recorded;
(7) a statement indicating rights of survivorship under Section 501.031;
(8) if the vehicle has an odometer, the odometer reading at the time of application
for the title; and
(9) any other information required by the department.
(b) A printed certificate of title must bear the following statement on its face:
“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.”
(c) A title for a motor vehicle that has been the subject of an ordered repurchase or
replacement under Chapter 2301, Occupations Code, must contain on its face a
notice sufficient to inform a purchaser that the motor vehicle has been the subject
of an ordered repurchase or replacement.
5.4 Motor Vehicle Title Required
Transportation Code Section 501.022
(a) The owner of a motor vehicle registered in this state:
(1) except as provided by Section 501.029, shall apply for title to the vehicle; and
(2) may not operate or permit the operation of the vehicle on a public highway
until the owner:
(A) applies for title and registration for the vehicle; or
(B) obtains a receipt evidencing title for registration purposes only under
Section 501.029.
(b) A person may not operate a motor vehicle registered in this state on a public
highway if the person knows or has reason to believe that the owner has not
applied for a title for the vehicle.
(c) The owner of a motor vehicle that is required to be titled and registered in this
state must obtain a title to the vehicle before selling or disposing of the vehicle.
(d) Subsection (c) does not apply to a motor vehicle operated on a public highway in
this state with a metal dealer’s license plate or a dealer’s or buyer’s temporary
cardboard tag attached to the vehicle as provided by Chapter 503.
Trailers and Semitrailers
Motor Vehicle Title Manual 5-4 TxDMV April 2015
A vehicle title is an ownership document that should be kept in a safe place and not in the
automobile (such as the glove compartment). The owner of a vehicle may use a
registration receipt issued under Transportation Code, Chapter 502 as proof of registration
(initial or renewal) or the title application receipt as evidence of title. However, the receipt
issued at the time of application for Registration Purposes Only may be used only as proof
of registration. (For further information regarding Registration Purposes Only, refer to
Chapter 6, “Application and Issuance of Motor Vehicle Title”).
A registration receipt may not be used to transfer any interest or ownership in a motor
vehicle or to establish a lien.
Retail Purchasers
The first retail purchaser must secure title in their name before transferring ownership of a
motor vehicle to a subsequent purchaser.
Non Titled Vehicles
The term “motor vehicle” does not apply to implements of husbandry, construction
machinery, mobile cranes, water well drilling units, oil well servicing units, mini trucks,
or golf carts, and therefore, these units cannot be titled.
Farm Tractors
Farm tractors owned by exempt agencies and farm tractors used as road tractors to mow
the right-of-way or used-for-hire to move commodities over the highway are required to
be registered and titled.
Distinguishing Plates
The $5.00 distinguishing license plate is issued in lieu of regular registration. Below are
listed the vehicles eligible for the distinguishing plate, and such vehicles cannot be titled
under this Act. (Refer to the TxDMV Motor Vehicle Registration Manual.)
Machinery Plates
Machinery Plates are issued to:
• Construction machinery (unconventional vehicles)
• Water well drilling units
Permit Plates
VTR issues permit plates to oversize/overweight commercial mobile cranes or vehicles
used solely for servicing, cleaning out, and/or drilling of oil wells.
5.5 Trailers and Semitrailers
Trailers and semitrailers having a gross weight (loaded) in excess of 4,000 pounds (Texas
licensed dealers excepted) must be titled. When a trailer or semitrailer is required to be
registered but not titled, the owner should retain the evidence of ownership after showing
it to the county tax assessor-collector’s office.
Evidence of ownership required
Refer to Chapter 14, Section 14.8 Trailer/Semitrailer.
Farm Trailers and Farm Semitrailers
Motor Vehicle Title Manual 5-5 TxDMV April 2015
Out of State
For trailers and semitrailers last registered or titled out of state, refer to Chapter 18, “Out
of State Requirements”.
Details and Clarifications
Some details of clarification regarding trailers and semitrailers are:
• Jeep axles and converter axles are axle assemblies that are used in conjunction with
truck tractor and semitrailer combinations for the purpose of increasing the overall
carrying capacity of the combination. These axle assemblies are not titled. (Refer to
the TxDMV Motor Vehicle Registration Manual.)
• House moving dollies are registered with “token trailer” plates and titled as
semitrailers; however, only one dolly in a combination is required to be registered and
titled.
• “Twin Twenties” are two separate semitrailers which, at times, may be buckled
together to form one semitrailer. Owners must register and title each unit separately.
• “Double Bottom” is a term applied to a combination of two trailers (one semitrailer
and one full trailer) pulled by one power unit. The rear most trailer is usually a
semitrailer that has been converted to a full trailer by means of a “Trailer Axle
Converter.” Owners must register and title each of the trailers. (Refer to the TxDMV
Motor Vehicle Registration Manual).
5.6 Farm Trailers and Farm Semitrailers
Farm trailers and farm semitrailers are considered trailers or semitrailers:
• Designed and used primarily as a farm vehicle
• With a gross weight of 34,000 pounds or less.
Farm trailers and farm semitrailers are exempt from the Certificate of Title Act.
Regardless of the evidence of ownership presented, the owner should retain that evidence.
Title Requirements
Refer to Chapter 14, Section 14.10 Farm Trailer/Farm Semitrailer for detailed Farm
Trailer and Farm Semitrailer information.
5.7 Issuance of Title to Government Agency
Transportation Code Section 501.034
The department may issue a title to a government agency if a vehicle or part of a vehicle
is:
(1) forfeited to the government agency;
(2) delivered by court order under the Code of Criminal Procedure to a
government agency for official purposes; or
(3) sold as abandoned or unclaimed property under the Code of Criminal
Procedure.
For further information, refer to Chapter 16, “Operation of Law”.
Issuance of Title to Government Agency
Motor Vehicle Title Manual 5-6 TxDMV April 2015
State Government Vehicles
Motor vehicles owned or acquired by the State of Texas or any of its subdivisions –
county, city, school district, state supported institutions, or any other governmental agency
are required to be titled. All provisions of the Certificate of Title Act apply except these
vehicles are “exempt” from all fees levied by the State of Texas.
Exempt license plates are issued to vehicles owned and operated by the State of Texas or
any of its subdivisions, school districts, counties, or cities.
Counties should not collect title fees for liens recorded on vehicles owned by exempt
agencies. Instances when the title fee is collected are below.
Note: Exempt license plates are discussed in detail in the TxDMV Motor Vehicle
Registration Manual.
Trailers
House trailers, trailers, and semitrailers owned by an agency of the State of Texas are
covered by the registration and title laws.
Dealer Owned School District Vehicles
A dealer owned vehicle loaned to a school district may be registered with exempt plates.
Applicants must submit the Application for Standard Texas Exempt License Plates, Form
VTR-62-A and the Exempt Vehicle Affidavit Driver Education, Form VTR-62-E. A new
motor vehicle on loan to a school district to be used only in driver education courses
approved by the Texas Education Agency’s Driver Training Division is exempt from the
titling requirement. If the school uses the vehicle for purposes other than driver education,
they must describe on Form VTR-62-E the intended use of the vehicle, such as “for use in
FFA program,” etc., and an application for Texas title is required in the name of the dealer
with the title fee paid in full.
Leased Vehicles
Exempt agencies operating leased vehicles must submit the Leased Vehicle Affidavit,
Form VTR-62-L with the Form VTR-62-A and application for Texas title. The
application for Texas title must be in the name of the lessor and counties must collect a
title fee. The Form VTR-62-A must show the names of both the lessee and the lessor.
Unconventional Machinery
Unconventional machinery type vehicles owned by exempt agencies are issued exempt
license plates, but a certificate of title is not required. An exception is a farm type
(pneumatic tired) tractor with or without machinery attached. The owner must title this
type of tractor before receiving exempt license plates.
Federal Government Vehicles
Motor Vehicle Title Manual 5-7 TxDMV April 2015
Fire Fighting Vehicles
Privately owned fire fighting vehicles and vehicles owned by volunteer fire departments
may qualify for Exempt license plates. Application for the plates is made on Application
for Exempt Registration of a Fire Fighting Vehicle, Form VTR-62-F. Privately owned
vehicles must be designed and used exclusively for fire fighting in order to qualify for
exempt plates. Vehicles owned by volunteer fire departments do not have to be designed
for fire fighting but must operate exclusively to conduct the business of the volunteer fire
department in order to qualify for exempt plates.
To secure exempt license plates, applicants must file an application for Texas title together
with proper evidence of ownership and the Form VTR-62-F with the county tax
assessor-collector’s office. These vehicles are exempt from registration fees, but are not
exempt from payment of the title fee.
Note: Operators of a fire-fighting vehicle owned and operated by a subdivision of
the State of Texas should submit Form VTR-62-A rather than Form
VTR-62-F and are exempt from the title fee.
Civil Air Patrol
The Civil Air Patrol, Texas Wing, qualifies for exempt license plates on vehicles owned
by them provided the vehicles are operated exclusively as emergency services vehicles by
members of that organization. Application is made on the Application for Armed Forces,
Coast Guard Auxiliary, or Texas Wing Civil Air Patrol License Plates, Form VTR-227.
An application for Texas title is required if a record of Texas title cannot be established in
the name of the applicant. These vehicles are exempt from registration fees, but they are
not exempt from payment of the title fee.
Volunteer Ambulance
Nonprofit, volunteer ambulance companies qualify for Exempt license plates on vehicles
operated exclusively as ambulances. The companies should make application on Form
VTR-62-EMS accompanied by a copy of the vehicle registration certificate issued by the
Department of Health qualifying the vehicle as an emergency medical services vehicle.
These vehicles may be owned by a city or county and operated by the ambulance
company. Counties should require an application for Texas title if a record of Texas title
does not exist in the name of the applicant or in the name of the city, county, etc. that
actually owns the vehicle. A nonprofit, volunteer ambulance company is exempt from
registration fees but is not exempt from payment of the title fee.
Texas Facilities Commission
The Texas Facilities Commission, an exempt agency, may assign a manufacturer’s
certificate to another agency of the State of Texas. This Commission is the central
purchasing agency for the State of Texas and is the only state agency authorized to make
assignments on Manufacturer’s Certificate of Origin (MCO).
5.8 Federal Government Vehicles
A Texas Certificate of Title is not issued for vehicles owned by the federal government.
Office of Foreign Missions
Motor Vehicle Title Manual 5-8 TxDMV April 2015
The State of Texas does not title motor vehicles owned by the United States Government.
The federal government desires that the United States Government, Certificate to Title a
Vehicle, Form 97 (refer to Chapter 10, “Evidence of Ownership”) serve as the only legal
evidence of ownership to any motor vehicle owned by the federal government.
U. S. Government provides license plates and identifying numbers on these vehicles
instead of Texas registration. However, if a federal government agency desires Texas
Exempt license plates, they may make application on an Affidavit and Application for
Exempt License Plates, Form VTR-62-A.
Vehicles Leased from the Government
In the event a person, firm, or corporation leases a motor vehicle from the United States
Government, the vehicle must be registered and fees collected. Furthermore, receipt for
Registration Purposes Only must be secured in the name of the lessee. The operator must
file the application with the county tax assessor-collector’s office, and pay the title
application fee. The following evidence must support the application:
• Application for Registration Purposes Only, Form VTR-272.
• A document, which describes the leased vehicle and denotes government ownership of
the vehicle.
Local Government Vehicles
If an application for Texas title shows a local government as the owner (for example,
“City of Dallas Housing Authority”) an official of that agency should attach a statement
stating that the vehicle is not owned by the federal government. If it is owned by the
federal government, counties may not issue Texas title to the vehicle.
Private Mail Carriers
Privately owned motor vehicles used to transport the United States mail are not eligible
for “Exempt” license plates and must be titled.
5.9 Office of Foreign Missions
The U. S. Department of State, Office of Foreign Missions, issues “Diplomat” license
plates and title documents for vehicles owned by foreign diplomats and consular officers
who are located in the United States as official representatives of foreign countries. Any
lien recorded on the title must be properly released. Customs documentation, a Vehicle
Inspection Report or an Out-of-State Identification Certificate, Form VI-30, is not
required to support this type of transfer. The Office of Foreign Missions also issues a
“Certificate of Authority to Export a Vehicle.” Operators may not use this document to
sell or to register and title a vehicle.
5.10 Alias Certificate of Title
Transportation Code Section 501.006
On receipt of a verified request approved by the executive administrator of a law
enforcement agency, the department may issue a title in the form requested by the
executive administrator for a vehicle in an alias for the law enforcement agency’s use in a
covert criminal investigation.
Sale or Offer without Title Receipt or Title
Motor Vehicle Title Manual 5-9 TxDMV April 2015
5.11 Sale or Offer without Title Receipt or Title
Transportation Code Section 501.152
(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 title for the vehicle.
(b) It is not a violation of this section for the beneficial owner of a vehicle to sell or
offer to sell a vehicle without having possession of the title to the vehicle if the sole
reason he or she does not have possession of the title is that the title is in the
possession of a lienholder who has not complied with the terms of Section
501.115(a).
No person in this state may offer for sale any motor vehicle registered out of state without
having in his or her possession a title (or registration receipt if the motor vehicle is from a
non title state).
Motor Vehicle Title Manual 6-1 TxDMV April 2015
Chapter 6
APPLICATION AND ISSUANCE OF MOTOR
VEHICLE TITLE
This chapter contains the following sections:
• 6.1 Application for Texas Title (Form 130-U)
• 6.2 Place of Application
• 6.3 Personal Identification Information for Obtaining Title
• 6.4 Financial Responsibility
• 6.5 Acceptable Proof of Ownership
• 6.6 Title Only
• 6.7 Registration Purposes Only (RPO)
• 6.8 Issuance of Title
• 6.9 Title Receipt
• 6.10 Duplicate Title Receipt
• 6.11 Alteration of Certificate or Receipt
• 6.12 Stop Title Requests
• 6.13 Revocation Affidavits – First Sale Title Application
• 6.14 Corrected Title
• 6.15 Undeliverable/Returned Titles
• 6.16 Electronic Titling System
6.1 Application for Texas Title (Form 130-U)
Note: The use of white-out or liquid paper is not acceptable on any title transfer
documents, such as Form 130-U, VTR-131, Certificate of Title, etc.
Transportation Code Section 501.023
(a) The owner of a motor vehicle must present identification and apply for a title as
prescribed by the department, unless otherwise exempted by law. To obtain a
title, the owner must apply:
(1) to the county assessor-collector in the county in which:
(A) the owner is domiciled; or
(B) the motor vehicle is purchased or encumbered;
(2) if the county in which the owner resides has been declared by the governor as
a disaster area, to the county assessor-collector in one of the closest
unaffected counties to a county that asks for assistance and:
(A) continues to be declared by the governor as a disaster area because the
county has been rendered inoperable by the disaster; and
(B) is inoperable for a protracted period of time; or
Application for Texas Title (Form 130-U)
Motor Vehicle Title Manual 6-2 TxDMV April 2015
(3) if the county assessor-collector’s office of the county in which the owner
resides is closed for a protracted period of time as defined by the department,
to the county assessor-collector of a county that borders the county in which
the owner resides who agrees to accept the application.
(b) The assessor-collector shall send the application to the department or enter it into
the department’s titling system within 72 hours after receipt of the application.
(c) The owner or a lessee of a commercial motor vehicle operating under the
International Registration Plan or other agreement described by Section 502.091
that is applying for a title for purposes of registration only may apply directly to
the department. Notwithstanding Section 501.138(a), an applicant for registration
under this subsection shall pay the fee imposed by that section. The fee shall be
distributed to the appropriate county assessor-collector in the manner provided by
Section 501.138.
(d) An application filed by the owner or lessee of a foreign commercial motor vehicle,
as defined by Section 648.001, must be accompanied by a copy of the applicable
federal declaration form required by the Federal Motor Carrier Safety
Administration or its successor in connection with the importation of a motor
vehicle or motor vehicle equipment subject to the federal motor vehicle safety,
bumper, and theft prevention standards.
(e) Applications submitted to the department electronically must request the
purchaser’s choice of county as stated in Subsection (a) as the recipient of all
taxes, fees, and other revenue collected as a result of the transaction.
Owners must apply for title using the Application for Texas Title, Form 130-U.
The Application for Texas Title, Form 130-U, is a universal type application for Texas
title, which accommodates any type of title transaction regardless of the class of vehicle
involved and regardless of whether the transaction covers a transfer of ownership or the
correction of an error or both.
When correcting an error in the description of vehicle on an existing Texas title, it is
important to mark the appropriate correction block on the application; otherwise, the same
make, year model, body style, and VIN as recorded in the old title record is automatically
carried forward to the new title when issued. In addition to serving as an application for
Texas title, the Form 130-U also contains a joint affidavit from the seller and purchaser
regarding the taxable value of the vehicle, which eliminates the necessity for a separate
sales tax affidavit to accompany the title transaction.
When an owner files an application for Texas title with the county tax assessor-collector’s
office, the application information is used to prepare the Tax Collector’s Receipt for Title
Application/Registration/Motor Vehicle Tax, VTR-500-RTS, or Form VTR-31-RTS.
This information is used to create or update the motor vehicle record and to print the
certificate of title.
Required Information
Applicants must type or print the following required information in blue or black ink
(except the owner’s signature.)
Application for Texas Title (Form 130-U)
Motor Vehicle Title Manual 6-3 TxDMV April 2015
Make of Vehicle
The “make” of vehicle as designated by the manufacturer and shown on the surrendered
evidence must appear on the application for Texas title and Form VTR-500-RTS.
Note: An exception is evidence of ownership from Mexico (MCO or registration
[Tarjeta de Circulacion]) that indicates General Motors (GM) as the make,
rather than the established GM car line (Buick, Cadillac, Chevrolet, GMC,
Oldsmobile, or Pontiac). In this situation, applicants must correct the “make”
to indicate the correct GM make/car line as shown on the Vehicle
Identification Certificate.
Vehicle Identification Number
The Vehicle Identification Number (VIN) must appear clearly and in its entirety within its
proper space. Strikeovers or erasures, which leave a doubt as to the legibility and
correctness of the number are not acceptable. Refer to Chapter 13, “Vehicle Identification
Numbers” for a complete discussion of vehicle identification numbers.
Note: Fleet owners may, if they so desire, have equipment numbers of newly
acquired vehicles recorded on their title. To do so, customers should show the
appropriate numbers in parentheses immediately following the name of
owner in the space provided for the name of owner on the application for
Texas title and Form VTR-500-RTS.
Current Texas License Plate Number and Month and Year of Expiration
The current Texas license plate number must appear on the Application for Texas Title,
Form 130-U, and the VTR-500-RTS, if the vehicle is required to be registered. The
license plate number must agree with the classification of vehicle.
• On applications for corrected title (no transfer of ownership), the previous year’s
license number must appear even if the vehicle is not currently registered. Current
registration is not required because the application is correcting the Texas Title that
recorded current registration at the initial issuance of title.
• Only qualified farmers may indicate farm trailer, farm truck or farm truck tractor
license plate on the application. They must also complete the affidavit on the
Application for Farm Trailer/Semitrailer, Farm Truck, or Farm Truck Tractor
License Plates, Form VTR-52-A. (Refer to the TxDMV Motor Vehicle Registration
Manual for information on farm plates.)
• The notation “Not Reg” should appear in the space for license number covering off
highway motorcycles, three or more wheel ATVs, ROVs, and title only.
Year Model
The year model of the vehicle as shown on the application and VTR-500-RTS, should
agree with the year model as shown on the surrendered evidence. If an application is
supported by out of state documents that show “year made” instead of “year model,” the
year model shown may vary one year from “year made” in order to show the correct year
model.
Application for Texas Title (Form 130-U)
Motor Vehicle Title Manual 6-4 TxDMV April 2015
Note: Counties should determine the year model from the vehicle identification
number.
Body Style
The Standard Abbreviations for Vehicle Makes and Body Styles, Form VTR-249,
provides a list of acceptable body styles.
Passenger Vehicles
The body style must describe the vehicle and should not be in conflict with the evidence
surrendered in support of the application for Texas title.
Commercial Vehicles
A body style that correctly describes the type of commercial vehicle being registered is
acceptable. For example, stake, flat, van, dump, panel, etc.
House Trailers
The body style for “House Trailers” or “Travel Trailers” should appear as “Camper
Trailer (CT).”
Motorcycles and Mopeds
The body style should appear as motorcycle or moped. A motorbike should appear as a
motorcycle or moped, if applicable (for example, MC-Motorcycle) .
Trailers and Semitrailers
The body style should appear as trailer or semitrailer, and the type of bed must be
included. (Example: UT – utility trailer)
Gross Vehicle Weight
The gross vehicle weight must be carried forward to the new application and
VTR-500-RTS, if it is recorded on the surrendered Texas title. If it is not recorded on the
surrendered title, it must be established (possibly from the model number).
The gross vehicle weight as carried forward to the application for Texas title must not be
different from that shown on the surrendered evidence.
See Chapter 10, Gross Vehicle Weight Rating (GVWR).
Weight
Passenger Vehicles
The correct Texas registration weight should appear on the application and the
VTR-500-RTS. It is determined by rounding off the shipping weight to the next highest
hundred pounds plus one hundred (100) pounds.
Many states use other methods for determining the license fees for passenger vehicles;
therefore, counties should exercise caution when using the weight shown on any out of
state title or registration receipt to establish the correct Texas registration weight.
In most cases, counties should reference the Branham Guide to determine the correct
shipping weight of the model vehicle.
Application for Texas Title (Form 130-U)
Motor Vehicle Title Manual 6-5 TxDMV April 2015
Commercial Vehicles
Applicants should show the actual empty weight of the commercial vehicle rounded up to
the next one hundred (100) pounds. The shipping weight of a commercial vehicle is
seldom the actual weight of the same vehicle at the time of registration because a body,
bed, or other additions of equipment are often made after the commercial vehicle leaves
the manufacturer.
Applicants should obtain a weight certificate on new and out of state vehicles, if
applicable, as explained in Chapter 10, “Evidence of Ownership”.
House (Travel) Trailers
Applicants must enter the empty weight and carrying capacity that reflects the correct
actual gross weight of a house trailer. This weight is used to determine the registration fees
for house trailers. Refer to Chapter 10, “Evidence of Ownership” for more information.
Motorcycles, Mopeds, and Three Wheeled Vehicles
VTR does not require the weight of these vehicles on titles.
Trailers and Semitrailers
Applicants must show the empty weight for trailers and semitrailers. Refer to Chapter 14,
Section 14.8 Trailer/Semitrailer for more information.
Odometer Reading
Unless the vehicle is exempt from odometer disclosure requirements, every application for
Texas title and Form VTR-500-RTS must record the mileage as it appears on the
vehicle’s odometer disclosure statement as attested to by the buyer and seller. For more
information on odometer requirements, refer to Chapter 15, “Odometers”.
Previous Owner
The previous owner is defined as the person, firm, or dealer from whom a vehicle was
acquired. Applicants must show:
• the previous owner’s name and address (city and state only).
• the word “Unknown” if the previous owner is unknown.
• the word “Unknown” if the previous owner’s city is unknown
• “TX” for the state if the state is unknown, else use as indicated on supporting
documents.
• either the former name of the owner or the name of the previous owner as shown on
the title if their name has changed due to marriage or by other process of law. Refer to
Chapter 16, “Operation of Law” for information on transfers.
• the manufacturer’s name as the previous owner if a dealer holding a manufacturer’s
certificate desires title in the dealership’s name.
• the word “NONE” for previous owner if the manufacturer desires title in the
manufacturer’s name.
Application for Texas Title (Form 130-U)
Motor Vehicle Title Manual 6-6 TxDMV April 2015
Legal Name of Owner
Effective September 1, 2013, the applicant’s legal name must be used. The legal name is
the name exactly as it appears on the required photo identification. If the applicant
disputes the name on their identification or wants his or her name changed for any reason,
they must have the identification corrected first.
A divorce decree, marriage license or adoption decree is not acceptable proof of a name
and is not considered a government issued photo identification. These documents “allow”
a person to change a name but they do not require an individual to change their name,
therefore, the name may never be changed. An applicant would have to change the name
on their identification first in order to have a name change reflected on their Title or RPO.
Note: Regardless of the circumstances, the legal name as required is ALWAYS the
name as it appears on the applicant’s photo identification.
When processing a Registration Purposes Only, the legal name as it appears on the
identification must be used, regardless of how it appears on the ownership document being
presented.
Signatures
Refer to Chapter 11, “Signature – Authority to Sign” for information on signatures and
signature authority. More specifically to Chapter 11, Section 11.1 Names.
The seller’s signature may be photocopied, scanned, faxed or otherwise electronically
reproduced on the Application for Texas Title, Form 130-U, but must remain legible. The
buyer’s signature must ALWAYS be original.
The owner’s legal name and signature, as shown on the face of the application, should
agree with each other (but do not have to match exactly) and with the purchaser’s name on
the supporting evidence.
Same Name for Owner and Lienholder
An application for Texas title is not acceptable if the name of the owner and lienholder is
the same.
Stamps
“Name and Address Stamps” that fit into the correct spaces allotted for this information on
the application for Texas title are acceptable. However, stamps that overlap or are shown
out of the allocated space are not acceptable.
Electronic, digital or signature stamps are not acceptable.
Lessee and Lessor
A leased vehicle should always be titled in the name of the lessor (person or firm who
actually owns the vehicle).
The name and address of the lessor (person or firm from whom the vehicle is leased)
should appear on the Application for Texas Title, Form 130-U, in field 16a
(Applicant/Owner Legal Name) or field 16b (Entity Name), which enables a leasing
company to receive the negotiable title.
Application for Texas Title (Form 130-U)
Motor Vehicle Title Manual 6-7 TxDMV April 2015
The name and address of the lessee (person or firm to whom the vehicle is leased) should
appear on the Application for Texas Title, Form 130-U, in field 21 (Renewal Recipient
Name), which allows the lessee to receive the renewal notices.
Applications should be completed as in the following example:
In order to identify this type of transaction as a leased vehicle, the word “Lessor” should
follow the owner’s name in parentheses as indicated above. An application for texas title
is not acceptable if the name of the owner and lienholder is the same.
Address of Owner
The address of owner/title recipient should always be the residential street address.
However, if a residential mail delivery is not available, a P.O. Box number is acceptable.
If a “P. O. Box” address is used in Field 19 and/or 22 of the Application for Texas Title,
Form 130-U, a resident street address must be shown in Field 23 (Vehicle Location
Address). See Address Confidentiality Program for exceptions. Counties should show the
“P.O. Box” address in the “Owner Address” or “Renewal Notice Address” fields (as
applicable) and the vehicle’s physical location in “Vehicle Physical Location” field on the
RTS “Owner Entry” TTL007 screen.
Note: Owners of fleet vehicles may show a post office box number in lieu of a street
address.
• Out of country and part-time residents must provide their established Texas residential
address.
• The address of the owner should be complete and legible and must include the zip
code.
• An application which shows the applicant’s address to be the same as the lienholder’s
is acceptable, but VTR may reject any application which shows what appears to be a
false or fictitious address such as that of the selling dealer or the dealer’s agent or
employee.
• The notation “in care of” (c/o or %) on an application for Texas title signifies a
mailing address.
Address Confidentiality Program
Code of Criminal Procedure, Sec. 56.82. Address Confidentiality Program.
Application for Texas Title (Form 130-U)
Motor Vehicle Title Manual 6-8 TxDMV April 2015
(a) The attorney general shall establish an address confidentiality program, as
provided by this subchapter, to assist a victim of family violence, trafficking of
persons or an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal
Code, in maintaining a confidential address.
(b) The attorney general shall:
(1) designate a substitute post office box address that a participant may use in
place of the participant’s true residential, business, or school address;
(2) act as agent to receive service of process and mail on behalf of the
participant; and
(3) forward to the participant mail received by the office of the attorney general
on behalf of the participant.
The Address Confidentiality Program (ACP) protects the victims of certain crimes, such
as sexual assault and stalking. The Office of the Attorney General (OAG) assigns a post
office box for use in lieu of a participant’s physical address. This is designed to help
protect the crime victim by providing the victim an additional layer of confidentiality.
The OAG, Crime Victim Services Division issues ACP participants a card that includes
their name, the seal of the Office of the Attorney General, and the number of the assigned
post office box. Any transaction involving an ACP participant may use this post office box
number instead of any physical address VTR may otherwise require.
Counties or dealers can validate participation in the program by asking the person to
produce the authorization card issued by the OAG for this program. The card contains the
proper post office box number.
Liens
Refer to Chapter 12, Section 12.5 Lien Information on Application for Title (Form
130-U).
One Document for Multiple Transactions
If one document (power of attorney, heirship affidavit, will, etc.) is used to support the
applications of more than one transaction, applicants should staple all affected
transactions together with the document and a note attached stating, “These transactions
must be kept together.” Furthermore, counties should submit all related transactions in a
“SPECIAL HANDLING” envelope with a note stating the transactions should be kept
together. An acknowledged copy of the document should support any additional
transactions. Additionally, the county tax assessor-collector’s office should submit a
certification concerning the number of transactions for which the original document was
submitted. (Refer to Chapter 11, “Signature – Authority to Sign” for information on
acknowledgments and certifications.)
Title Application Receipt Information
The transaction number of the VTR-500-RTS must be shown on the title application in
the space provided for the receipt number, along with the county tax assessor-collector’s
name and county.
Place of Application
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The date the title application was filed as shown on the application must agree with the
date the VTR-500-RTS was issued.
6.2 Place of Application
Purchasers should file an application for Texas title on a vehicle in the county in which
they reside or the county in which the vehicle is purchased or encumbered. Transportation
Code Section 501.0234 , requires licensed motor vehicle dealers to apply for a title and
registration for a motor vehicle in the county as directed by the purchaser on the County of
Title Issuance, Form VTR-136 (refer to County of Title Issuance in Chapter 25). The
initial registration may also be issued in the county in which the application for Texas title
is filed; but thereafter, the owner must register in the county in which they reside. The
application and registration receipt must indicate the owner’s residential address and
county.
Applicants must be Texas residents to apply for a Texas Title and registration. Exceptions
are made for military personnel and part-time residents when the application is submitted
with required documentation. Out of state residents may apply for a bonded title in Texas
when the vehicle was last titled in Texas.
Part-time residents (i.e. full-time students) are defined as persons who have dual residency
in Texas for part of the year and another jurisdiction for the remainder of the year. Dual
residency customers must use the established Texas residential address on the application.
Visitors to Texas without a Texas address are not allowed to title and register a vehicle in
Texas.
Out of country residents who qualify for a Texas Title should use their Texas address.
6.3 Personal Identification Information for Obtaining Title
Transportation Code Section 501.0235
(a) The department may require an applicant for a title to provide current personal
identification as determined by department rule.
(b) Any identification number required by the department under this section may be
entered in the department’s electronic titling system but may not be printed on the
title.
Acceptable Form of Identification
As of September 1, 2013, an application for Texas title or initial registration is not
acceptable unless the applicant presents a current photo identification of the owner
containing a unique identification number and expiration date. IDs are not required if there
is no change in ownership (such as when correcting a title or recording a lien). Only the
following IDs will be accepted:
• Driver license or state identification certificate issued by a state or territory of the
United States;
• U.S. or foreign passport;
• U.S. military ID;
• North Atlantic Treaty Organization ID;
Personal Identification Information for Obtaining Title
Motor Vehicle Title Manual 6-10 TxDMV April 2015
• identification issued under a Status of Forces Agreement;
• U.S. Department of Homeland Security ID;
• U.S. Department of State ID; or
• U.S. Citizenship and Immigration Services identification document.
Note: An ID will be considered current for identification purposes if it is not more
than 12 months expired. A state-issued personal identification certificate
issued to a qualifying person that specifies it is non-expiring is acceptable. For
a Texas ID, the person must be at least 60 years old to qualify for a
non-expiring ID.
Applicants must present an acceptable form of ID for initial title and registration to their
county tax assessor-collector’s office or motor vehicle dealer. County tax
assessor-collector’s office employees must visually check the ID to verify owner
information, but are not required to make a copy. The ID type, jurisdiction, the unique
number must be recorded on the Application for Texas Title, Form 130-U.
If the name is too lengthy for the RTS name field, then use the full last name, first name,
suffix (Jr., Sr., III), and as much of the middle name as can be accommodated in that
order. Truncate (shorten by cutting the end), do not abbreviate.
If the motor vehicle is titled in more than one name, then the identification of one owner
must be presented.
Use of Federal Employer Identification/Employer Identification
Number (FEIN/EIN)
If a motor vehicle is being titled in the name of an entity, rather than an individual, an
FEIN/EIN may be provided on the Form 130-U and proof documenting the associated
FEIN/EIN to the entity can be provided. However, the FEIN/EIN is not required for an
entity. The use of an individual’s personal identification is acceptable for an entity.
In order to use the FEIN/EIN, a document associating the FEIN/EIN to the entity
appearing on the title application must be shown at the time of application. This
documentation will be treated in the same manner as personal identification. The
documentation does not have to be submitted to the county tax assessor-collector’s office
for dealer transactions, but a copy must be retained with the dealer’s sales records. When
the transaction does not involve a dealer, a county tax assessor-collector’s office is not
required to retain a copy or submit it with the transaction to the department. As with
personal identification information, it must only be visually verified.
Examples of acceptable documents to verify the associating FEIN/EIN to the entity
appearing on the title application could include a business tax filing or documents from
the Comptroller of Public Accounts, Secretary of State, or Internal Revenue Service (IRS).
These examples are not all encompassing nor is there a specified list of acceptable
documents. Any legitimate document associating the FEIN/EIN to the entity is acceptable.
Personal Identification Information for Obtaining Title
Motor Vehicle Title Manual 6-11 TxDMV April 2015
The individual submitting the title transaction to the county tax assessor-collector’s office,
even with the use of an FEIN/EIN, must still provided an Acceptable Form of
Identification and Authority to Sign. If the FEIN/EIN is not available or a document
association the FEIN/EIN to the entity is not available, the personal identification
information of the individual submitting the transactions must be recorded and captured.
Authority to Sign
When an employee or authorized agent applies for a title on behalf of a business,
government entity, organization, trust, lease company, or with a power of attorney (POA),
the employee or authorized agent must provide one of the following, in addition to their
government issued photo ID:
• letter of authorization;
• printed business card;
• employee ID;
• POA to establish authority to sign on behalf of the entity.
In addition, the letter of authorization, printed business card, employee ID, or POA may
be an original or photocopy.
Power of Attorney
If a power of attorney is being used to apply for a title, then the applicant must show:
• identification matching the person or employee of the entity named as power of
attorney;
• a employee ID, business card, or authorization written on the letterhead of an entity
named as power of attorney that matches the identification of the employee; and
• identification of the owner or lienholder.
Note: A power of attorney from an individual to another individual may also be an
original or a photocopy.
Dealer Requirements
A person who holds a general distinguishing number (GDN) issued under Transportation
Code Chapter 503 or Occupations Code Chapter 2301 is not required to submit a copy of
the ID to the county tax assessor-collector’s office, but is required to retain a copy of the
ID in their purchase and sales record. The ID type, jurisdiction, and the unique number
must be recorded on the Application for Texas Title, Form 130-U. Dealers not licensed in
Texas are required to present a copy of the applicant’s ID to the county tax
assessor-collector’s office.
GDN holders are not required to submit authority to sign on behalf of an entity to the
county tax assessor-collector’s office, but must retain a copy of proof in the purchase and
sales record. When a secure POA is assigned to a GDN holder, the individual assigning
the title is not required to submit their ID or authority to sign to the county tax
assessor-collector’s office. A GDN holder is also exempt from submitting their agent’s or
a third party’s ID when a non-secure POA has been assigned for a vehicle exempt from
odometer disclosure.
Financial Responsibility
Motor Vehicle Title Manual 6-12 TxDMV April 2015
Social Security Number of Title Applicant
As of June 2009 Transportation Code Section 501.0235 is repealed. Section 501.0235 had
required all title applicants to provide their Social Security Number. Do not record the
applicant’s social security number on the Application for Texas Title, Form 130-U.
6.4 Financial Responsibility
Requirement
Transportation Code Section 601.051
A person may not operate a motor vehicle in this state unless financial responsibility is
established for that vehicle through:
(1) a motor vehicle liability insurance policy that complies with Subchapter D;
(2) a surety bond filed under Section 601.121;
(3) a deposit under Section 601.122;
(4) a deposit under Section 601.123; or
(5) self-insurance under Section 601.124.
Exception
Transportation Code Section 601.052
(a) Section 601.051 does not apply to:
(1) the operation of a motor vehicle that:
(A) is a former military vehicle or is at least 25 years old;
(B) is used only for exhibitions, club activities, parades, and other functions
of public interest and not for regular transportation; and
(C) for which the owner files with the department an affidavit, signed by the
owner, stating that the vehicle is a collector’s item and used only as
described by Paragraph (B);
(2) the operation of a neighborhood electric vehicle or a golf cart that is operated
only as authorized by Section 551.304 or 551.403; or
(3) a volunteer fire department for the operation of a motor vehicle the title of
which is held in the name of a volunteer fire department.
(b) Subsection (a)(3) does not exempt from the requirement of Section 601.051 a
person who is operating a vehicle described by that subsection.
(c) In this section:
(1) Former military vehicle” has the meaning assigned by Section 504.502(i).
(2) “Volunteer fire department” means a company, department, or association
that is:
(A) organized in an unincorporated area to answer fire alarms and
extinguish fires or to answer fire alarms, extinguish fires, and provide
emergency medical services; and
Acceptable Proof of Ownership
Motor Vehicle Title Manual 6-13 TxDMV April 2015
(B) composed of members who:
(i) do not receive compensation; or
(ii) receive only nominal compensation.
6.5 Acceptable Proof of Ownership
Transportation Code Section 501.029
The board by rule may provide a list of the documents required for the issuance of a
receipt that evidences title to a motor vehicle for registration purposes only. The fee for
application for the receipt is the fee applicable to application for a title. The title receipt
may not be used to transfer an interest in or establish a lien on the vehicle.
Non-negotiable “Duplicate Original” Certificates of Title
Prior to September 1, 2001, the department issued “Duplicate Original Certificates of
Title” which were non-negotiable and nontransferable. These non-negotiable titles
provide no space on the reverse side for the assignment of the vehicle and are not valid for
transfer of an interest in or to establish a lien on a vehicle. “Duplicate Original”
Certificates of Titles were issued in the following situations:
Lien Recorded on a Negotiable Texas Title
A Duplicate Original Certificate of Title was issued to the Texas recorded owner when
application for a negotiable Texas Certificate of Title was filed that recorded a lien
(encumbered motor vehicle). These non-negotiable titles provided an ownership
document for the owner since the negotiable title was provided to and held by the
lienholder.
Non-negotiable Title for Registration Purposes Only (RPO)
Texas non-negotiable titles for “Registration Purposes Only” were issued for any vehicle
last registered or titled in another state but required Texas registration and the owner or
operator could not or did not wish to surrender the negotiable out of state evidence of
ownership to obtain a negotiable title.
Use of Title or Registration Receipt
The owner of a vehicle may use a registration receipt issued under Transportation Code,
Chapter 502 as proof of registration (initial or renewal) or the title application receipt as
evidence of title. However, the owner may use the receipt issued at the time of application
for Registration Purposes Only as proof of registration. Owners may not use the title or
registration receipt to transfer any interest or ownership in a motor vehicle or to establish a
lien (unless the registration receipt contains a transfer of ownership or similar assignment
for a non-titled vehicle).
6.6 Title Only
Transportation Code Section 501.0275
(a) The department shall issue a title for a motor vehicle that complies with the
other requirements under this chapter unless:
Title Only
Motor Vehicle Title Manual 6-14 TxDMV April 2015
(1) the vehicle is not registered for a reason other than a reason provided by
Section 501.051(a)(6); and
(2) the applicant does not provide evidence of financial responsibility that
complies with Section 502.046.
(b) On application for a title under this section, the applicant must surrender any
license plates issued for the motor vehicle if the plates are not being transferred to
another vehicle and any registration insignia for validation of those plates to the
department.
On September 1, 1999, the department began issuing negotiable Texas Certificates of
Title without requiring Texas registration (Title Only). In addition to requiring the
negotiable evidence of ownership, release of lien (if applicable), etc. the applicant must
complete an Application for Title Only, Form VTR-131, and an Application for Texas
Title, Form 130-U.
Form VTR-131
The applicant must complete the Form VTR-131 providing the vehicle description,
including vehicle year, make, body style, license plate number, year of license, VIN, and
registration sticker number, if applicable.
The applicant must check one of the three applicable boxes on the Form VTR-131:
1. If application is being made by an applicant for a vehicle with current Texas or out of
state registration, then check the first check box. VTR may not accept an application
for Texas title without registration if an applicant does not surrender:
• the vehicle’s license plates (regardless of registration status)
• the vehicle’s registration sticker if currently registered and if a registration sticker
was issued
2. Check the second check box if the vehicle is new or is not currently registered and the
vehicle has no license plates or registration.
3. Check the third check box if applying for Texas title without Texas registration under
Transportation Code, §502.0025. This applies to Texas residents who are active
military personnel and have current registration in another country (military or
registration under the host nation). Applicants must provide proof of valid military
registration to the county tax assessor-collector’s office. Valid proof includes:
• a letter written on official letterhead by the applicant’s unit commander attesting to
the registration of the vehicle; or
• the registration receipt issued by the appropriate branch of the armed forces or host
nation.
Note: For additional information on military Title Only applications, refer to
Chapter 20, “Military” of the Vehicle Title Manual.
The signature of the applicant on the Form VTR-131 verifies that the applicant
understands that the vehicle may not be operated on the public streets and highways of
Texas without the applicant obtaining and displaying current registration.
Registration Purposes Only (RPO)
Motor Vehicle Title Manual 6-15 TxDMV April 2015
Insurance Company Title Application on Paid Claim Vehicles
Refer to the TxDMV Salvage/Nonrepairable Motor Vehicle Manual.
Miscellaneous
VTR does not issue Title Only for a vehicle if the title is currently suspended or revoked.
Counties should advise applicants of the reason for the suspension or revocation and that
the title must be cleared before VTR can issue a vehicle a title without registration.
VTR does not issue a Title Only for slow-moving vehicles or ATVs.
• VTR does issue 30-day Permits to vehicles titled as a Title Only or when an
application for Title Only has been filed. (Refer to the TxDMV Motor Vehicle
Registration Manual.)
The applicant does not have to provide proof of insurance at the time of application for
Texas title without registration.
Vehicles with a Texas title obtained without registration are not subject to inspection
under Transportation Code, §548.052.
6.7 Registration Purposes Only (RPO)
VTR issues Registration Purposes Only for a vehicle that was last registered or titled in
another state, which is subject to registration in this State, and for which the owner cannot
or does not wish to surrender the out of state evidence of ownership. This type of
registration was designed to enable the owner to register the vehicle in Texas without
applying for a negotiable Texas Title.
Registration Purposes Only is not allowed for an unregistered new vehicle.
Use of Title or Registration Receipt
Prior to September 1, 2001, Texas non-negotiable titles were issued for Registration
Purposes Only.
Since September 1, 2001, a receipt is issued at the time of application for Registration
Purposes Only as proof of registration.
Owners may not use a title receipt or registration receipt to transfer any interest or
ownership in a motor vehicle or to establish a lien.
Application for Registration Purposes Only
An owner or agent of a vehicle must complete an Application for Registration Purposes
Only, Form VTR-272, and Application for Texas Title, Form 130-U and file them with
the county tax assessor-collector’s office in the owner’s Texas county of residence.
Commercial vehicle owners operating under the International Registration Plan (IRP) may
apply for “Registration Purposes Only” at the county tax assessor-collector’s office or a
TxDMV Regional Service Center.
Registration Purposes Only (RPO)
Motor Vehicle Title Manual 6-16 TxDMV April 2015
Application Fee
The application fee for Registration Purposes Only is $28/$33 (the same fee that is
applicable to applications for Texas title under Transportation Code, §501.138). The
applicant must remit the $28/$33 application fee and any other applicable fees
(registration, sales tax, etc.) with the application.
The registration receipt and the applications (Form 130-U and Form VTR-272) must
always be in the name of the owner of the vehicle. (An exception is vehicles leased from
the federal government.)
Form VTR-272
Applicants must show the name of the state in which the vehicle was last registered and,
when available, the out of state license number and year of issuance. If some of this is
omitted, applicants may locate and carry forward information from other documents in the
transaction, such as the Vehicle Identification Certificate.
Evidence of Ownership
No evidence of ownership is necessary for Registration Purposes Only. The following are
required:
• properly completed Application for Texas Title, Form 130-U,
• an Acceptable Form of Identification,
• Application for Registration Purposes Only, Form VTR-272,
• a copy of the title receipt or registration receipt,
• a Vehicle Inspection Report or an Out-of-State Identification Certificate, Form VI-30
(only if from out of state), and a weight certificate verifying the empty weight.for
commercial vehicles in excess of 10,000 lbs.
Out of State Evidence of Ownership
If out of state evidence of ownership (title, registration receipt, etc.) is presented to the
county tax assessor-collector’s office, and the out of state evidence reflects a lien, which
has not been released, applicants should show the lien on the Application for Texas Title,
Form 130-U. They should also indicate the name of the state in which the vehicle was last
registered and/or titled in the previous owner area. Counties should then return the out of
state evidence of ownership to the applicant with the registration purposes only receipt,
the appropriate license plates and the windshield or plate sticker, if applicable.
Apprehended Vehicles
If the vehicle has been apprehended, a self-certification as to the correct VIN may be
acceptable in lieu of the Vehicle Inspection Report or Out-of-State Identification
Certificate, Form VI-30, provided an out of state address is shown on the Form
VTR-272. (Refer to Transportation Code Section 501.030.) In addition, an officer of the
Department of Public Safety may waive the requirement of a weight certificate.
Power of Attorney
A power of attorney or other evidence of authority need not be attached for an agent or
operator to sign for an owner, company, firm, or corporation.
Registration Purposes Only (RPO)
Motor Vehicle Title Manual 6-17 TxDMV April 2015
Approval of the Application
Upon approval of the application, VTR issues a receipt that indicates the application filed
was for registration purposes only. The receipt serves as proof of registration and owners
may not use it to transfer any interest or ownership in a motor vehicle or to establish a lien
on the vehicle.
Vehicles Located Out of State
If a vehicle requires and is eligible for Texas registration, but the vehicle is not located in
Texas, a self-certification of the VIN would be necessary. In this situation, the safety
inspection requirements prescribed under Transportation Code, §501.030 are not
applicable; therefore, a Vehicle Inspection Report or an Out-of-State Identification
Certificate, Form VI-30, issued by a State appointed Safety Inspection Station is not
required. However, applicants must complete the self-certification portion of the
Application for Registration Purposes Only, Form VTR-272 to certify the vehicle
identification number on the vehicle. (Refer to Chapter 18, “Out of State Requirements”
for information concerning self-certification and application from out of state).
Issued to Texas Licensed Dealers
If a Texas licensed dealer desires to register any vehicle including a new vehicle covered
by a manufacturer’s certificate, a used vehicle covered by the United States Government
Certificate to Obtain a Title to a Motor Vehicle, Form 97, a Texas Salvage Vehicle Title,
Form VTR-222-S, or a Texas Salvage Certificate, Form VTR-222, the dealer must apply
for a negotiable Texas Title.
Foreign/Imported Vehicles
(Refer to Chapter 19, “Imported Vehicles” for information concerning foreign/imported
vehicles).
Under certain conditions, VTR may issue Registration Purposes Only on an imported
vehicle that cannot be sold or titled in Texas. The owner of a nonconforming vehicle may
need to secure Texas registration for failure to display the international marker or if the
foreign license plates expire or become lost or stolen. In these instances, the applicant
must complete an Application for Registration Purposes Only, Form VTR-272, including
the imported vehicle portion of the form.
If a seized or forfeited vehicle is awarded by the courts to a law enforcement agency for
their official use, and the vehicle information provided indicates the vehicle does not
conform to USDOT safety requirements (i.e., does not have the U.S. safety labels attached
to the vehicle) VTR issues a receipt for Registration Purposes Only in the name of the law
enforcement agency and the vehicle record is marked “DOT PROOF REQUIRED”. The
transaction, in the name of the law enforcement agency should be submitted to VTR for
processing and issuance of EXEMPT registration. (Refer to Chapter 16, “Operation of
Law” for further information.)
Issuance of Title
Motor Vehicle Title Manual 6-18 TxDMV April 2015
Correction of Registration Purposes Only Record
If a “Registration Purposes Only” title, issued prior to September 1, 2001, or an
application receipt for Registration Purposes Only issued on or after September 1, 2001, is
incorrect, owners can surrender it for cancellation and file for a new application. If the
correction is due to a customer error, the new application must include the same evidence
as any other application for a “Registration Purposes Only” and is subject to applicable
fees.
Older Non-negotiable Titles
Previously, the department issued a non-negotiable title showing the following stamp
across the face of the title.
FOR REGISTRATION
PURPOSES ONLY Refer Okla. , 1966, Lic. #1234
If the owner of the vehicle for which Registration Purposes Only was issued does not
remember which state issued the outstanding negotiable title, he may request this
information by writing the Texas Department of Motor Vehicles, Vehicle Titles and
Registration Division. The written request should include the document number on the
registration purposes only receipt or non negotiable title issued prior to September 1,
2001, current Texas license number, and vehicle identification number.
Application for Negotiable Texas Title after Issuance of
Registration Purposes Only
If the holder of a Texas Registration Purposes Only receipt or non-negotiable title issued
prior to September 1, 2001 (or verification of the non-negotiable title) wants a negotiable
Texas title in their name, they must file a new application for Texas title and the proper out
of state ownership evidence must be surrendered. They must also surrender the Texas
registration receipt or non-negotiable title issued prior to September 1, 2001 (or
verification of the non-negotiable title) indicating registration purposes only with the
transaction. The holder need not attach a Vehicle Inspection Report or an Out-of-State
Identification Certificate, Form VI-30 if the Texas registration receipt or non-negotiable
title issued prior to September 1, 2001 (or verification of the non-negotiable title)
indicating registration purposes only is surrendered with the transaction.
If the holder of a Texas Registration Purposes Only receipt or non-negotiable title desires
to transfer ownership of the vehicle, the holder may assign the out of state title or the out
of state registration receipt if the vehicle was last registered in a non title state.
Non-Negotiable Titles Issued by Other States
Non-negotiable titles are referred to by several states under different names, such as
Nontransferable Titles, “Registration Purposes Only” Titles, Memorandum Titles,
Goldenrods, etc. These titles are not acceptable as evidence of ownership in applying for
Texas registration or title.
6.8 Issuance of Title
Transportation Code Section 501.027
Title Receipt
Motor Vehicle Title Manual 6-19 TxDMV April 2015
(a) On the day that a county assessor-collector issues a title receipt, a copy of the
title receipt and all evidence of title shall be submitted to the department in the
period specified in Section 501.023(b)
(b) Not later than the fifth day after the date the department receives an application
for a title and the department determines the requirements of this chapter are met:
(1) the title shall be issued to the first lienholder or to the applicant if a lien is not
disclosed on the application; or
(2) the department shall notify the applicant that the department’s titling system
has established a record of title of the motor vehicle in the applicant’s name if
a lien is not disclosed. If a lien is disclosed on the application, the department
shall notify the lienholder that the lien has been recorded.
Automatic Title Issuance
Title transactions processed by county tax assessor-collector’s offices will automatically
issue a title, or create an electronic title, seven calendar days after being processed unless a
hard stop (such as TITLE HELD AWAITING DPS OK, NMVTIS HOLD, TITLE
REJECTED, or LEGAL RESTRAINT) is on the record. Upon removal of a hard stop, the
title will automatically be issued if it was originally processed seven or more calendar
days prior.
Encumbered Motor Vehicles
When a vehicle is encumbered (lien), VTR provides the lienholder the negotiable Texas
Title and the owner a title application receipt. The receipt serves as the owner’s evidence
that title application was filed recording him or her as owner and recording the lien.
Before the owner may sell, trade, or otherwise dispose of the vehicle, the lienholder must
release the lien.
Unencumbered Motor Vehicles
When a vehicle is unencumbered (no lien), VTR provides the owner a negotiable Texas
Title.
Signature of Owner
The certificate of title has a space on the front for the owner to sign upon receipt of the
title. The signature of owner in this space is preferred; however, the lack of an owner’s
signature does not invalidate a certificate of title.
6.9 Title Receipt
Transportation Code Section 501.024
(a) A county assessor-collector who receives an application for a title shall issue a
title receipt to the applicant containing the information concerning the motor
vehicle required for issuance of a title under Section 501.021 or Subchapter I
after:
(1) the requirements of this chapter are met, including the payment of the fees
required under Section 501.138; and
Duplicate Title Receipt
Motor Vehicle Title Manual 6-20 TxDMV April 2015
(2) the information is entered into the department’s titling system.
(b) If a lien is not disclosed on the application for a title, the assessor-collector shall
issue a title receipt to the applicant.
(c) If a lien is disclosed on the application for a title, the assessor-collector shall issue
a duplicate title receipt to the lienholder.
(d) A title receipt with registration or permit authorizes the operation of the motor
vehicle on a public highway in this state until the title is issued.
The Form VTR-500-RTS, issued by the county tax assessor-collector’s office to the
applicant and lienholder (if any) at the time application for Texas title is filed, constitutes
proof of ownership pending the issuance of the Texas title. This form is designed as a
combination receipt for title application, registration, and motor vehicle tax.
6.10 Duplicate Title Receipt
Transportation Code Section 501.132
Except as otherwise provided by department rule, the department may not issue a
duplicate title receipt unless the original title receipt or certificate of title is surrendered.
In the event the owner or lienholder loses a receipt, Form VTR-500-RTS, and a duplicate
is necessary, the county tax assessor-collector’s office may issue a duplicate receipt. The
method of obtaining a duplicate certificate of title is discussed in Chapter 24, “Certified
Copies”.
6.11 Alteration of Certificate or Receipt
Transportation Code Section 501.154
A person commits an offense if the person alters a manufacturer’s certificate, a title
receipt, or title.
An altered receipt, Form VTR-500-RTS or Form VTR-31-RTS, certificate of title, or
manufacturer’s certificate attached to a title transaction received by the department
constitutes valid reason for the rejection of the transaction.
6.12 Stop Title Requests
The department only stops a title transaction upon receipt of a temporary restraining order
or temporary injunction issued by a county or district court restraining the department
from issuing the title. Additionally, the department does not return the transaction to the
seller or buyer until directed by the court.
Note: A county tax assessor-collector’s office may make use of their next day void
when appropriate. Once a transaction appears in the system, only a court
order may stop a title transaction.
1. As with other civil cases, a petition to the court is filed under the Rules of Civil
Procedure.
Revocation Affidavits – First Sale Title Application
Motor Vehicle Title Manual 6-21 TxDMV April 2015
2. The applicant must file a case in county or district court. Customers may obtain
routine sample petitions and sample orders from the Office of General Counsel-Title
Litigation by request. The department must be made a party to the proceedings as well
as any other interested party, including the recorded owner and any lienholder of
record. Legal notices and process may be served informally by first-class mail to the
Office of General Counsel, TxDMV, 4000 Jackson Ave, Austin, Texas 78779, or if
asked in advance, by fax
Note: Regional Service Centers, are not authorized to accept citations on behalf of
the department.
3. On receipt of a properly filed petition, the department’s Office of General Counsel can
file an Answer to the Court explaining any irregularities and ensure that relevant
parties are notified so they may intervene to protect their interests if they wish to do so,
before a final order or judgment is issued.
4. VTR does not represent any person’s interest in these cases.
5. VTR cannot comply with the terms of an order if we have no record of being served
with a petition.
Temporary Hold Title Requests
VTR accepts a written request to place a temporary hold for 10 business days on a motor
vehicle title record when the requestor pursues litigation through a Texas court of
competent jurisdiction (county or district court) to prevent title issuance.
Make all requests for temporary holds in the form of a letter either faxed to (512)
467-5936, emailed to VTR_TitleLitigation@txdmv.gov or mailed to:
Texas Department of Motor Vehicles
Vehicle Titles and Registration Division
Office of General Counsel-Title Litigation
4000 Jackson Avenue
Austin, Texas 78731
If VTR is not restrained by an injunction or restraining order, which specifically prohibits
the department from issuing title, it removes the temporary hold at the end of 10 business
days.
6.13 Revocation Affidavits – First Sale Title Application
Transportation Code Section 501.051
(b) The department may rescind, cancel, or revoke an application for a title if a notarized
or county-stamped affidavit is presented containing:
(1) a statement that the vehicle involved was a new motor vehicle in the process of
a first sale;
(2) a statement that the dealer, the applicant, and any lienholder have canceled
the sale;
(3) a statement that the vehicle:
Revocation Affidavits – First Sale Title Application
Motor Vehicle Title Manual 6-22 TxDMV April 2015
(A) was never in the possession of the title applicant; or
(B) was in the possession of the title applicant; and
(4) the signatures of the dealer, the applicant, and any lienholder.
(c) A rescission, cancellation, or revocation containing the statement authorized under
Subsection (b)(3)(B) does not negate the fact that the vehicle has been the subject of a
previous retail sale.
In certain situations, such as when financing falls through or when a purchaser has second
thoughts on a vehicle purchase, the revocation affidavits provide an alternative to a court
order for canceling a first sale title application. The department may rescind, cancel or
revoke an application for Texas title if notarized affidavits executed by the purchaser,
dealer and lienholder (if applicable) are presented to the department within 21 days from
the initial date of sale (check the date of assignment). To use this process, all parties must
mutually agree to cancel the first sale title application.
Completed Title Revocation Affidavit for a First Sale, Form VTR-17, packets should be
submitted to:
VTR-Title Services
4000 Jackson Ave
Austin, Texas 78731.
The dealer is responsible for packaging the completed affidavits and must include:
• Dealer’s revocation affidavit
• A copy of the Dealer license
• Purchaser’s revocation affidavit(s)
• Lienholder’s revocation affidavit (if applicable)
• Original title (if applicable)
Dealers are required to retain a copy of the completed affidavits for their records. The
affidavits should be notarized, but the department will accept a county stamp in lieu of
notarization. A Power of Attorney is NOT acceptable for use in conjunction with the
affidavits.
The Vehicle Titles and Registration Division will make the determination to accept or
reject the revocation affidavits based on the information provided and a review of the
original title application paperwork.
Title and registration fee refunds issued in conjunction with the use of the Revocation
Affidavits will be authorized by VTR. The department will issue a Registration Fee
Refund Request/Authorization, Form VTR-304, directly to the county where the original
title application was filed. Questions regarding a refund of Sales Tax should be directed to
the Comptroller of Public Accounts.
Note: The revocation affidavit process is for use in conjunction with a first retail
sale (vehicle being transferred on a MCO) and should under no
circumstances be utilized in a used vehicle transaction.
Corrected Title
Motor Vehicle Title Manual 6-23 TxDMV April 2015
6.14 Corrected Title
In many instances, a court order is not necessary since VTR can correct the title after it is
issued (refer to Chapter 7, “Corrections”). Customers can file an application for corrected
title supported by the proper documentation to correct errors:
Some correctable errors are:
• Vehicle description (make, year model, body style, VIN)
• Name
• Address (if the owner wants the address change shown on the title)
• Wrong Lien
• Lien Omitted
• Wrong Evidence
• Add/Remove a Lien
• Odometer Discrepancies.
6.15 Undeliverable/Returned Titles
Certificates of title returned by the post office because of an insufficient or incorrect
address are destroyed. To obtain a replacement title, the owner or lienholder must submit
an Application for a Certified Copy of Title, Form VTR-34, (with the correct address), the
fee and supporting documents to VTR. Customers should also attach a change of address
notice to the Form VTR-34 to correct the address in VTR’s database.
6.16 Electronic Titling System
Transportation Code Section 501.173
(a) The board by rule may implement an electronic titling system.
(b) A record of title maintained electronically by the department in the titling system is
the official record of vehicle ownership unless the owner requests that the
department issue a printed title.
(c) In addition to other title fees, the board by rule may set a fee to be assessed for the
issuance of a paper title to cover the cost of administering an electronic titling
system.
Motor Vehicle Title Manual 7-1 TxDMV April 2015
Chapter 7
CORRECTIONS
This chapter contains the following sections:
• 7.1 Statements of Fact
• 7.2 Corrected Manufacturer’s Certificate of Origin (MCO)
• 7.3 “Title Rejected” Corrections (Formerly “Resubmits”)
• 7.4 Corrected Texas Certificates of Title
• 7.5 Incorrect Lien Recorded
• 7.6 Name Change
• 7.7 Two-Chain Record of Title
• 7.8 Owner’s Record Superseded
• 7.9 Switched Evidence
• 7.10 Vehicle Description Corrections
• 7.11 Motor and Permanent VIN Errors
• 7.12 Out of State Make, Year Model, and Body Style Errors
• 7.13 Commercial Vehicles
• 7.14 Optional Classification Vehicle
• 7.15 Buses
• 7.16 Adjusting Weights
7.1 Statements of Fact
Statements of Fact are requested to explain errors, corrections, or conditions from which
doubt does or could arise concerning the legality of any document. A person relevant to
the issue in question is usually required to complete a statement of fact.
Some conditions, however, arise which necessitate that a particular person complete the
statement of fact as shown in the following examples.
• When the purchaser’s name or date on the assignment has been erased or blacked out,
the execution of the statement is restricted to the seller.
• When there is any question relating to the lien information, the execution of the
statement is restricted to the lienholder.
• When the lien information is completely erased on the assignment of manufacturers’
certificates, the execution of the statement is restricted to the seller shown on the
assignment.
• When the name on a title is different from the signature on an assignment (because of
a name change resulting from marriage or divorce, or indicates Sr./Jr.), the execution
of the statement is restricted to the person in question.
The statement of fact must properly identify the vehicle. The vehicle description should
include, at the minimum, the vehicle identification number.
Corrected Manufacturer’s Certificate of Origin (MCO)
Motor Vehicle Title Manual 7-2 TxDMV April 2015
To reduce the requirement for Statements of Fact only line through incorrect information
on the assignment or any other document and show the correct information. VTR does not
allow the use of white-out or liquid paper on any title transfer documents. If an obvious
error is lined through and the correct information is shown, VTR accepts the transaction
provided there is no conflict elsewhere in the transaction.
Altered Date of Assignment
If the date of sale on an assignment has been erased or altered in any manner, the seller
must attach a statement of fact verifying the actual date of sale and furnishing a
satisfactory explanation as to why the assignment was erased or altered. This statement
from the seller is not necessary if the delinquent transfer penalty is collected.
7.2 Corrected Manufacturer’s Certificate of Origin (MCO)
Incorrect Vehicle Identification Number (VIN)
If the evidence supporting a Texas application is an MCO and the vehicle identification
number is erroneous, illegible, or altered, a corrected MCO showing the correct number is
required.
In the event the vehicle identification number is recorded in error on a Texas title
(supported by an incorrect MCO as revealed by VTR records) and the vehicle is less than
two years old, not counting the present year model, a corrected MCO showing the correct
number is required. The procedure to obtain a corrected MCO is as follows:
• In some cases, the manufacturer may require a letter from this department stating that
the MCO has been recorded and destroyed.
• The dealer or distributor to whom the MCO was issued should request a corrected
certificate from the manufacturer. They should attach the above mentioned letter to the
request, if required.
Dealers should file the application for corrected title supported by the incorrect negotiable
Texas Title (or a Certified Copy of Texas Title) and the corrected MCO with the county
tax assessor-collector’s office.
The VIN on the MCO must be the same as stamped on the vehicle identification number
plate by the manufacturer.
If an error exists in the motor or vehicle identification number and the application for
Texas title is supported by out of state evidence, refer to Out of State Make, Year Model,
and Body Style Errors for correction procedure.
Incorrect Weight
VTR accepts a corrected MCO, if the MCO is invoiced to a dealer in another state and the
gross vehicle weight is omitted. Counties can often determine weight from the model and
VIN number.
“Title Rejected” Corrections (Formerly “Resubmits”)
Motor Vehicle Title Manual 7-3 TxDMV April 2015
VTR accepts a letter from the manufacturer instead of a corrected MCO. The letter should
be on the manufacturer’s official letterhead and should include a description of the vehicle
model series and the gross vehicle weight for the vehicle model. The manufacturer should
provide the letter to Texas franchised dealers, who should then provide it to the county tax
assessor-collector’s office when processing the title and registration transaction for the
vehicle. A photocopy of the manufacturer’s letter is acceptable.
7.3 “Title Rejected” Corrections (Formerly “Resubmits”)
All “Title Rejected” transactions must be processed through the Correct Title Rejection
event in RTS even when a data entry correction is not required. “Rejections” for missing
signatures, forms, or other paper documentation, which do not affect the way the record is
entered into RTS, should now be processed through the Correct Title Rejection event.
When processing these “corrections,” process the transaction through the event from start
to finish without making any data entry modifications. Upon completing this process, a
new Form VTR-500-RTS is generated with a new document number. This will clear the
“REJECTION” from the record and allow the transaction to be processed as normal.
7.4 Corrected Texas Certificates of Title
Processing Corrected Titles
Owners may correct errors on Texas titles by surrendering the incorrect title and filing an
application for corrected title with the county tax assessor-collector’s office. However, the
county tax assessor-collector’s office may not waive the title fee or issue a “no charge”
VTR-500-RTS. The only process for correcting errors without charge is through the
department.
Mark the correction block on the application for corrected title when there is a correction
to the vehicle, odometer, or lienholder information.
The applicant who needs to change or correct the vehicle information must have the basic
evidence of ownership in their name or the evidence assigned to them. In the case of a
transfer of ownership, the purchaser may use an application to make the correction and
transfer ownership at the same time.
When an application for corrected title is filed to correct the vehicle or owner/lienholder
information and the correction does not require the collection of an additional registration
fee, the applicant’s copy of the Form VTR-500-RTS serves as a corrected registration
receipt.
When a vehicle is changed from a classification requiring the issuance of a title to a
classification which does not require titling, the applicant should not surrender the title to
this department for cancellation. (Example: A titled trailer licensed with regular trailer
registration is subsequently changed to the farm trailer registration classification.) The
owner should retain the certificate of title as their evidence of ownership.
No Charge Corrected Titles
The following procedures apply when a vehicle owner/lienholder notifies a county tax
assessor-collector’s office or VTR of a title error caused by a county tax
assessor-collector’s office or the department that is verifiable by department records.
Corrected Texas Certificates of Title
Motor Vehicle Title Manual 7-4 TxDMV April 2015
1. If a customer informs a county tax assessor-collector’s office that a title is in error, the
county tax assessor-collector’s office should contact their Regional Service Center to
determine and validate a data entry error occurred.
2. The Regional Service Center verifies the error by reviewing title history documents. If
confirmed, region personnel complete and issue an authorization form indicating:
• Specific item(s) requiring correction
• The Filenet number (if applicable)
Note: If the customer contacts a Regional Service Center or VTR headquarters to
advise that a title is in error, VTR reviews and examines the title history
documents. If confirmed, VTR directs the applicant to submit the title to their
local county tax assessor-collector’s office for correction either in-person or
via mail. The appropriate Regional Service Center will issue a correction
letter and coordinate the correction with the applicant’s county tax
assessor-collector’s office. The county tax assessor-collector’s office will
process the correction.
3. Regional Service Centers then fax or e-mail the completed authorization form directly
to the county tax assessor-collector’s office to grant authorization to process a
corrected title transaction through RTS at no additional charge.
• In-person corrected transaction(s) requires the customer’s signature on the
Regional Authorization Form. A county deputy should obtain the customer’s
signature prior to processing the title correction.
• Mail-in transaction(s) must include a written request from the applicant (i.e.
signature not required on Authorization form).
Note: Regional Service Center personnel only issue authorizations and provide the
authorization form directly to county tax assessor-collector’s offices.
4. The county tax assessor-collector’s office processes the transaction through the
Corrected Title event in RTS at no charge. The corrected title transaction should
include the following documents:
• Regional Service Center Authorization form, with customer acknowledgment, or
Written request (if mail-in)
• Incorrect title (if applicable)
• RTS title application receipt
Note: The above procedures:
• Are not applicable in situations where the title applicant caused the error. In
such cases, the owner/lienholder must apply for a corrected title and pay the
statutory fee.
Corrected Texas Certificates of Title
Motor Vehicle Title Manual 7-5 TxDMV April 2015
• Do not apply if the vehicle has been sold. The county tax assessor-collector’s
office should make the correction at the time of transfer and collect all
applicable fees.
• Do not apply in situations where VTR is required to revoke the title record
(i.e. lien omits or lien in error).
VTR does not issue a corrected title when it cannot confirm the error by department
records. The applicant must file an application for corrected title with the county tax
assessor-collector’s office supported by proper evidence to substantiate the correction.
Record Showing Prior CCO Issued
When a corrected title is requested with no change of ownership and the vehicle record
indicates that a certified copy has been issued, the corrected title issued is a certified copy.
All subsequent certificates of title bear the words “Certified Copy” and the vehicle record
indicates a “Prior CCO Issued” notation until the motor vehicle is transferred to a new
owner. The new owner receives an original title, or a registration receipt if the title reflects
a lien.
Examples of when a corrected title is issued as a certified copy when a certified copy
certificate of title exists are when:
• An application for a corrected title is filed through a county tax assessor-collector’s
office to record or remove a lien; or
• A title is issued incorrectly and a corrected title is issued by VTR to correct the error.
Processing Correction on an ELT Record with an Error
The procedures outlined in the previous subsections apply if an error is identified by the
owner or a lienholder on an electronic lien title (ELT) record. The only deviation from the
above procedures is that in lieu of the paper Texas Certificate of Title being surrendered to
support the corrected title application, the county tax assessor-collector’s office may print
out a copy of the motor vehicle record in lieu of the paper Texas Certificate of Title. This
eliminates the need to print a paper title to surrender back to the department.
“Texas Title” should be selected as the ownership evidence type in RTS.
If the error was the result of the county tax assessor-collector’s office or the department, a
no charge correction may be authorized; otherwise, the $28 or $33 title application fee
applies.
Wrong Lienholder Recorded on an ELT Record
In situations where the wrong ELT lienholder was recorded, the wrong lienholder would
be required to:
1. Electronically release the ELT record to the care of (c/o) of the dealer, lienholder, or
individual/entity who will file the corrected title application with the county tax
assessor-collector’s office; or
2. Provide a letter of no interest to the dealer, lienholder, or individual/entity who will
file the corrected title application with the county tax assessor-collector’s office.
Incorrect Lien Recorded
Motor Vehicle Title Manual 7-6 TxDMV April 2015
Note: This section does not apply to voluntary changes in ownership or lienholder.
This includes situations where a new individual or entity will be recorded as
an owner, or a new or additional lienholder is recorded as part of a refinance.
Since these situations do not involve an “error,” the paper Texas Certificate
of Title is required and would require the payment of the title application fee.
7.5 Incorrect Lien Recorded
If a lienholder’s name is recorded in error on a Texas title, the lien may be released, and/or
an application for corrected title filed with a statement of fact from the lienholder stating
that they are the correct lienholder and there is no such lienholder as that recorded on the
title. In addition, the lienholder must attach a copy of the security agreement to the
transaction.
7.6 Name Change
An application for corrected title voluntarily changing a name, such as for a marriage or
divorce, must attach a statement of “Name Change Due to (Marriage, Divorce, etc)” to the
title application.
In addition, if the individual desires to include another individual’s name (such as one
spouse changing their name and adding the other spouse), then they must complete an
assignment of title and they should file an application for transfer of title. This situation
would be handled as an original title transaction rather than a corrected-original.
7.7 Two-Chain Record of Title
A “two-chain” record of title is created when the records of VTR show that two different
vehicles of the same make have the same motor or vehicle identification number (VIN).
Removing Duplicate Records
If it is determined by VTR’s title records and the evidence submitted that two titles have
been issued for one vehicle, the two-chain is automatically broken; and the title record
with the oldest date or title number is removed. The determining factors in this situation
are the year model, VIN, body style, license number, previous title record, and name(s) of
owner(s).
VIN in Error
If the transaction being examined has two or more title records in the computer system and
VTR determines that a “two-chain” exists, the “two-chain” may be broken by returning
the transaction for a pencil tracing of the motor or VIN. The title record covering the other
vehicle should be marked “VIN IN ERROR”.
• When the pencil tracing returns to VTR and the tracing shows the number to be the
same as the number on file, VTR issues title. The “VIN IN ERROR” remains on the
other title record.
• If a returned pencil tracing shows a number different from the records of this
department, the complete transaction is handled in the same manner as discussed in
Chapter 13, “Vehicle Identification Numbers” regarding VIN errors. The “VIN IN
ERROR” is then removed from the other title record.
Owner’s Record Superseded
Motor Vehicle Title Manual 7-7 TxDMV April 2015
7.8 Owner’s Record Superseded
When a vehicle owner attempts to renew the vehicle’s registration and their record
appears superseded due to a later title transfer, they should order a title history.
If the VIN on the vehicle matches the VIN on the owner’s title or if the title history reveals
that the title was transferred due to an input error, such as an incorrect VIN or license plate
number being accessed during the transfer, the Regional Service Center notifies the
department to reinstate the title record and place a “VIN IN ERROR” on the subsequent
title record. After the record is reinstated, the owner can renew their vehicle registration
through their county tax assessor-collector’s office.
7.9 Switched Evidence
If evidence of ownership for two vehicles is switched VTR can correct the errors by one of
the following methods:
Incorrect Entries
If Texas titles are switched on two vehicles and, as a result, incorrect titles are issued on
each vehicle, the first owner discovering the error should make a pencil tracing of the
motor or vehicle identification number (VIN) and prepare a statement of fact stating that
they did not make any change in the description of the vehicle and that the incorrect
evidence was assigned to them at the time the vehicle was purchased. The owner should
file an application for corrected title supported by the incorrect title, the pencil tracing, and
the statement of fact. The county tax assessor-collector’s office should process the
application in RTS and then submit the transaction to VTR in a separate envelope marked
“Switched Evidence.”
Upon arrival VTR checks the title record and contacts the other owner by letter requesting
they follow the same procedure to correct their title. It is also possible for each owner to
assign their incorrect title to the other and then file an application for corrected title.
Switched MCOs and One Vehicle Titled
If a dealer switches Manufacturer’s Certificates of Origin (MCOs) and one vehicle is titled
before the error is discovered, the dealer should assign the correct MCO to the proper
owner. They should contact the recorded owner and/or lienholder to obtain the incorrect
Texas Title. The dealer should also apply for a duplicate MCO from the manufacturer on
the vehicle that is still in stock. Upon receipt of the incorrect title, the dealer should file an
application for corrected title supported by the correct MCO and the incorrect title.
Switched MCOs and Both Vehicles Titled
If a dealer switches MCOs and both vehicles are titled before the error is discovered, the
dealer must file a case with the county or district court before VTR can alter the ownership
records (refer to Chapter 8, “Refusal/Denial of Title”). It is also possible for each owner to
assign their incorrect title to the other and corrected applications for titles filed.
7.10 Vehicle Description Corrections
An application for corrected title supported by proper evidence is required:
• to correct the VIN, make, year model, weight, or body style of a vehicle;
Motor and Permanent VIN Errors
Motor Vehicle Title Manual 7-8 TxDMV April 2015
• when a change has occurred in any of the three basic component parts of a motor
vehicle (motor, frame, and body) which alters the appearance of the motor vehicle or
removes that component part upon which the identifying number of the motor vehicle
is located (Refer to the TxDMV Assembled and Rebuilt Vehicle Manual).
The applicant who desires to change or correct the description of a vehicle must have the
basic evidence in his or her name, or the evidence assigned to the applicant. If transfer of
ownership is involved, the purchaser may use an application for Texas title to make the
correction and transfer ownership at the same time.
7.11 Motor and Permanent VIN Errors
Correcting a title that records an incorrect motor number or VIN is the same as for any
vehicle description correction; however, a pencil tracing of the VIN is required. If it is not
possible to obtain a pencil tracing due to the location of the vehicle identification number,
VTR may accept a Statement of Physical Inspection, Form VTR-270.
MCO in Error
If VTR’s records reveal the VIN on the Manufacturer’s Certificate of Origin (MCO) is in
error on a vehicle two or less years old (not including the current year model), the
applicant must attach a corrected MCO to the transaction before VTR can issue a title. If
the motor vehicle is more than two years old (not including the current year model) and
the applicant desires to correct a one or two character error, a pencil tracing of the VIN
must support the application for corrected title. If it is not possible to obtain a pencil
tracing due to the location of the VIN, VTR may accept a Statement of Physical
Inspection, Form VTR-270.
Errors of VIN Characters
If an applicant desires to correct an error of more than two characters in the VIN, and the
correction does not agree with VTR’s records, a corrected MCO or a bill of sale for
“Motor Only” or “Body Only,” if applicable, must support the application for corrected
title. If, however, the motor vehicle is over two years old and the evidence unobtainable,
the owner must request a Tax Assessor-Collector Hearing or obtain a court order. (If out
of state evidence supported the first Texas title application, refer to Out of State Make,
Year Model, and Body Style Errors.
Out of State Vehicles (One or Two VIN Characters)
In the event an error of one or two characters is detected in the VIN on a Texas title and
the VTR records reveal that the first application for Texas title was supported by out of
state evidence, the owner may correct the error by filing an application for corrected title
supported by the incorrect Texas title and a pencil tracing of the correct number. If it is not
possible to obtain a pencil tracing, the owner must complete a Statement of Physical
Inspection, VTR-270.
Out of State Make, Year Model, and Body Style Errors
Motor Vehicle Title Manual 7-9 TxDMV April 2015
Out of State Vehicles (More than Two VIN Characters)
In the event an error of more than two characters in the vehicle identification number is
detected on a Texas title and the records of this department reveal that the first application
for Texas title was supported by out of state evidence, the error is corrected only upon
verification of the correct number from the issuing state; otherwise, the owner must obtain
corrected out of state evidence. If a corrected out of state title or verification is
unobtainable, the owner must request a “Tax Collector’s Hearing.” (Refer to Chapter 8,
“Refusal/Denial of Title”.) Refer to the TxDMV Assembled and Rebuilt Vehicle Manual
if a motor or body change has been made. A Vehicle Inspection Report or an Out-of-State
Identification Certificate, Form VI-30, issued by a State appointed Safety Inspection
Station must support the application for corrected title.
Error on Out of State Evidence (One or Two Characters)
If a one or two character error in the vehicle identification number is discovered on the out
of state evidence while processing the application for Texas title, the error can be
corrected without verification from the authorities of the issuing state. The owner must
provide the application for Texas title showing the correct VIN, supported by the out of
state evidence, the Vehicle Inspection Report or Out-of-State Identification Certificate,
Form VI-30, copy of the registration receipt, and a pencil tracing of the correct vehicle
identification number. If it is not possible to obtain a pencil tracing, VTR accepts a
Statement of Physical Inspection, Form VTR-270, verifying the correct vehicle
identification number. In the event an error is discovered in the vehicle identification
number on the Vehicle Inspection Report or Out-of-State Identification Certificate, Form
VI-30, VTR requires a corrected certificate.
Physically Altered VINS
An assigned number is required when a motor or vehicle identification number has been
removed, changed, or obliterated. Refer to Chapter 13, “Vehicle Identification Numbers”
for information on assigned numbers.
Lack of Basic Evidence
You must contact VTR for information before filing an application to correct the
description if the applicant or the county tax assessor-collector’s office can not determine
the basic evidence which supported the first Texas title.
7.12 Out of State Make, Year Model, and Body Style Errors
If an applicant desires to correct an error in the make, year model, or body style, no
evidence is required to correct the error if the correct make, year model, or body style can
be determined from VIN specifications or VTR’s records. However, if the error remains
unconfirmed, the customer must attach evidence of ownership for the change involved or
verification from the proper out of state authorities and pay the application fee for a
corrected title.
When an error can be confirmed by records, VTR authorizes counties to correct the error
without charge.
Commercial Vehicles
Motor Vehicle Title Manual 7-10 TxDMV April 2015
The make of vehicle, year model, and body style as shown on the out of state evidence
must agree with the description as shown on the Vehicle Inspection Report or Out-of-State
Identification Certificate, Form VI-30, except when the out of state evidence is in error or
there is a mistake in the description of vehicle and the vehicle identification number
verifies the correct vehicle make, year model, or body style. If the vehicle make, year
model, or body style is in error on the out of state evidence but appears correctly on the
Vehicle Inspection Report or Out-of-State Identification Certificate, it is not necessary to
obtain verification from the state that issued the incorrect evidence of ownership. If the out
of state evidence is correct but the Vehicle Inspection Report or Out-of-State
Identification Certificate is in error, VTR does not require a corrected certificate.
7.13 Commercial Vehicles
The method and necessity of correcting a title for a commercial vehicle regarding errors in
the make, year model, body style, or vehicle identification number is generally the same as
that discussed in preceding paragraphs of this section. However, there is some difference
in details.
Transportation Code Section 502.001 (7)
“Commercial motor vehicle” means a motor vehicle, other than a motorcycle, designed
or used primarily to transport property. The term includes a passenger car reconstructed
and used primarily for delivery purposes. The term does not include a passenger car used
to deliver the United States mail.
Converted Passenger Vehicles
In the event a passenger vehicle is converted by means of a permanent body change into a
commercial vehicle, correction of the title and exchange of registration is required. (Refer
to the TxDMV Motor Vehicle Registration Manual for the procedure to exchange
registration.) Evidence required to support the application for a corrected title is:
• owner’s negotiable title,
• weight certificate,
• copy of the commercial registration receipt,
• photos of the vehicle, and
• Rebuilt Vehicle Statement, Form VTR-61, with a statement explaining what alteration
were made to the vehicle.
Pickup Trucks
Counties must correct registration classification and title to describe a pickup if a
customer removes a vehicle trunk lid and installs a pickup bed. Evidence required to
support the application for a corrected title is:
• owner’s negotiable title,
• photos of the exterior, and
• Rebuilt Vehicle Statement, Form VTR 61, with a statement explaining what alteration
were made to the vehicle.
Passenger cars converted to commercial vehicles must be registered with a minimum
carrying capacity of 1,000 pounds.
Commercial Vehicles
Motor Vehicle Title Manual 7-11 TxDMV April 2015
Station Wagons
Counties should correct cases where owners modify regular station wagon-type passenger
vehicles to commercial vehicles in the following manner:
• the seats (except front seat) were completely removed
• the side windows in back of the front doors were painted and fastened so they cannot
lower or open
• further alteration may have occurred, such as removing the rear section of the body)
Counties should classify these as commercial vehicles and correct the title to show
“panel” as the body style. The owner must change license plates from passenger to
commercial showing the carrying capacity not less than 1,000 pounds. The owner must
submit a Rebuilt Vehicle Statement, Form VTR-61, stating that the above changes have
been made, a photograph, and a weight certificate with the application for corrected title.
Trucks Converted to Truck Tractors
In the event a truck is converted into a truck tractor and the registration classification is
changed from “truck” to “combination”, an exchange of license plates is required; but the
owner is not required to correct his or her title unless the change is a major permanent
reconstruction. In this instance, the owner must file an application for corrected title.
Evidence required to support the application for a corrected title is:
• owner’s negotiable title,
• weight certificate,
• photos of the exterior and interior, and
• Rebuilt Vehicle Statement, Form VTR 61, with a statement explaining what alteration
were made to the vehicle.
Truck Tractors Converted Into Trucks
If a truck tractor is converted into a truck and the registration classification is changed
from “combination” to “truck,” and the change involves a major permanent
reconstruction, such as when the frame of a truck tractor is altered to accommodate the
installation of a different type bed or body then the owner must exchange license plates
and file an application for corrected title. Evidence required to support the application for
a corrected title is:
• owner’s negotiable title,
• weight certificate,
• photos of the exterior and interior, and
• Rebuilt Vehicle Statement, Form VTR 61, with a statement explaining what alteration
were made to the vehicle.
Optional Classification Vehicle
Motor Vehicle Title Manual 7-12 TxDMV April 2015
Truck Tractors Converted To Passenger Vehicles
If a truck tractor is converted into a passenger vehicle, the owner has the option to register
the converted truck tractor with passenger plates. If the owner wishes to change to
passenger plates, the registration classification is changed from “combination” to “motor
home.” An exchange of license plates is required; but the owner is not required to correct
his or her title unless the change is a major permanent reconstruction . In this instance, the
owner must exchange license plates and file an application for corrected title. Evidence
required to support the application for a corrected title is:
• owner’s negotiable title,
• weight certificate,
• photos of the exterior and interior, and
• Rebuilt Vehicle Statement, Form VTR 61, with a statement explaining what alteration
were made to the vehicle..
Note: When a title is issued for this type of vehicle, the notation “Reconstructed” is
recorded on the title. Under no circumstances authorize a refund in
registration fees when a combination plate is exchanged for truck plates as
the result of a reconstruction change
7.14 Optional Classification Vehicle
If an optional classification vehicle is initially registered and titled as a passenger car, the
owner may later choose to exchange the plates for commercial plates or reregister the
vehicle with commercial plates. If so, an application for corrected title is required to
establish the gross vehicle weight if it has not already been established and recorded on
the outstanding title.
7.15 Buses
Buses reconstructed by completely removing the seats (except driver’s seat) are classified
as commercial vehicles and the title must be corrected to show 3,000 lbs. van or 4,000 lbs.
van, depending on the carrying capacity for the chassis. The carrying capacity cannot be
less than 3,000 pounds. In addition, the operator must exchange registration for
commercial. The following is required to support the application for corrected title:
• owner’s negotiable title,
• Rebuilt Vehicle Statement, Form VTR-61, explaining the change,
• a weight certificate, and
• a photograph of the interior of the finished vehicle.
Note: The corrected title shows the RECONSTRUCTED remark.
7.16 Adjusting Weights
To lower the weight on a passenger vehicle, an application for corrected title must be filed
with the following documentation:
Adjusting Weights
Motor Vehicle Title Manual 7-13 TxDMV April 2015
1. If the department records reveal the original evidence of ownership is a Manufacturer’s
Certificate of Origin (MCO), the weight cannot be lowered below the weight recorded
without a corrected MCO; or if rebuilt or altered, a weight certificate verifying the
gross weight, and a Rebuilt Vehicle Statement, Form VTR-61, explaining the
alteration.
2. If the original evidence is from out of state, a weight certificate or reference to the
Branham Automobile Reference Book should be used to determine the correct weight.
Note: The Branham Guide lists the weight of standard models (no optional
equipment). If this reference is used, consideration must be given to include
all optional equipment in the weight (such as air conditioners, automatic
transmissions, etc.).
To lower the weight on a commercial vehicle, a weight certificate must be attached to an
application for corrected title.
A refund will not be issued if the gross weight of a commercial vehicle is lowered
during a registration year.
Motor Vehicle Title Manual 8-1 TxDMV April 2015
Chapter 8
REFUSAL/DENIAL OF TITLE
This chapter contains the following sections:
• 8.1 Grounds for Refusal to Issue, or for Revocation or Suspension of Title
• 8.2 Appeal Hearings for Title Refusal to Issue or Revocation or Suspension
• 8.3 Tax Assessor-Collector Hearing
• 8.4 Bonded Title
• 8.5 Denial for Failure to Provide Proof of Emissions Testing
• 8.6 Denial for Safety Responsibility Suspension
8.1 Grounds for Refusal to Issue, or for Revocation or
Suspension of Title
Transportation Code Section 501.051
(a) A title may be refused, canceled, suspended, or revoked by the department if:
(1) the application contains a false or fraudulent statement;
(2) the applicant failed to furnish required information requested by the
department;
(3) the applicant is not entitled to a title;
(4) the department has reason to believe that the motor vehicle is stolen;
(5) the department has reason to believe that the issuance of a title would defraud
the owner or a lienholder of the motor vehicle;
(6) the registration for the motor vehicle is suspended or revoked; or
(7) the required fee has not been paid.
(b) The department may rescind, cancel, or revoke an application for a title if a
notarized or county-stamped affidavit is presented containing:
(1) a statement that the vehicle involved was a new motor vehicle in the process of
a first sale;
(2) a statement that the dealer, the applicant, and any lienholder have canceled
the sale;
(3) a statement that the vehicle:
(A) was never in the possession of the title applicant; or
(B) was in the possession of the title applicant; and
(4) the signatures of the dealer, the applicant, and any lienholder.
(c) A rescission, cancellation, or revocation containing the statement authorized
under Subsection (b)(3)(B) does not negate the fact that the vehicle has been the
subject of a previous retail sale.
Appeal Hearings for Title Refusal to Issue or Revocation or Suspension
Motor Vehicle Title Manual 8-2 TxDMV April 2015
This section of the title law delegates authority to the department to require that applicants
furnish certain information and evidence of ownership to support the issuance of title.
Such authority gives the department the right to reject any application for Texas certificate
of title that fails to show the required information.
• Once a title rejection is requested, VTR places the registration and title record of the
vehicle in a state of suspense.
• VTR may not accept the application at any future date until the reason for rejection has
been corrected.
• VTR may not renew the vehicle registration.
• VTR may not accept an application for Texas title until the collection of all proper
fees.
Note: To collect additional fees, counties should use the RTS Additional Collections
event. Make corrections on the appropriate documents and process the title
record data correction in the “Correct Title Rejection” event.
Rejections due to Fraud
VTR cannot honor requests for the rejection of applications for “skips,” “hot checks” and
“fraudulent deals” unless a county or district court of competent jurisdiction issues a
restraining order.
Stolen Vehicles
Under certain conditions, VTR suspends or revokes a title until a correction occurs. For
example: If notice is received from a law enforcement agency or the National Automobile
Theft Bureau that a Texas certificate of title showing a fictitious vehicle identification
number has been issued, the title is revoked until the matter has been corrected. Refer to
Chapter 13, “Vehicle Identification Numbers”.
8.2 Appeal Hearings for Title Refusal to Issue or
Revocation or Suspension
Transportation Code Section 501.052
(a) An interested person aggrieved by a refusal, rescission, cancellation,
suspension, or revocation under Section 501.051 may apply for a hearing to the
county assessor-collector for the county in which the person is a resident. On
the day an assessor-collector receives the application, the assessor-collector
shall notify the department of the date of the hearing.
(b) The assessor-collector shall hold the hearing not earlier than the 11th day and not
later than the 15th day after the date the assessor-collector receives the
application for a hearing.
(c) At the hearing, the applicant and the department may submit evidence.
(d) A determination of the assessor-collector is binding on the applicant and the
department as to whether the department correctly refused to issue or correctly
rescinded, canceled, revoked, or suspended the title.
Tax Assessor-Collector Hearing
Motor Vehicle Title Manual 8-3 TxDMV April 2015
(e) An applicant aggrieved by the determination under Subsection (d) may only
appeal to the county or district court of the county of the applicant’s residence. An
applicant must file an appeal not later than the fifth day after the date of the
assessor-collector’s determination. The judge shall try the appeal in the manner of
other civil cases. All rights and immunities granted in the trial of a civil case are
available to the interested parties. If the department’s action is not sustained, the
department shall promptly issue a title for the vehicle.
8.3 Tax Assessor-Collector Hearing
Transportation Code Section 501.052 provides that a person interested in a motor vehicle
that the department has refused to issue a title, or has suspended, rescinded, canceled, or
revoked the title is entitled to a hearing by their local county tax assessor-collector. The
county tax assessor-collector, after examining the evidence at hand and hearing testimony
from both the applicant and VTR, makes the determination if title issuance is appropriate.
If the county tax assessor-collector sustains the department’s decision, the applicant may
then appeal the ruling to the county court. A county tax assessor-collector hearing is not
available for a title marked Export-Only or assigned to a foreign purchaser.
Note: A county tax assessor-collector’s hearing is not available when an applicant is
unable to provide proof of compliance with U.S. Department of
Transportation Safety requirements for a vehicle not manufactured for sale
or distribution in the United States.
Insufficient evidence
When there is a question as to whether an owner has sufficient evidence to secure a title,
the owner may submit the evidence of ownership directly to the department together with
a request to advise if the department will issue title. This request must be in writing and
submitted directly to one of the various TxDMV Regional Service Centers located
throughout the State. It is not necessary for the owner to register the vehicle and file an
official application for Texas title prior to submitting such a request. (See Documentation
Lacking for Title Issuance)
Title Refused
If VTR cannot issue title from the evidence submitted, it advises the applicant of the
evidence needed to complete the transaction. If the applicant cannot obtain such evidence,
they may appeal the department’s decision by requesting a Tax Assessor-Collector
Hearing. The county tax assessor-collector must hold a hearing before requiring the
applicant to seek legal title through a county court. If the applicant requests a hearing after
the determination by VTR, they should submit the request to the county tax
assessor-collector’s office with an application for Texas title, evidence of ownership, and
a copy of the department’s letter advising that the applicant does not have sufficient
evidence to obtain a title.
Tax Assessor-Collector Hearing
Motor Vehicle Title Manual 8-4 TxDMV April 2015
Holding a Hearing
Upon receiving an application for a hearing, the county tax assessor-collector’s office then
notifies VTR of the date set for the hearing. This date should not be earlier than the 11th
day or later than the 15th day from the date of receipt of the request for the hearing. (It is
not necessary for the county tax assessor-collector’s office to resubmit the title papers to
VTR with the notification.) If requested by the county tax assessor-collector’s office, the
department sends a representative to attend the hearing in defense of its actions.
Note: Counties should mail notifications of hearings to their local TxDMV Regional
Service Center.
1. The county tax assessor-collector’s office sets the date for a hearing and notifies all
parties that might appear to have an interest in the vehicle in question, including the
owner and lienholder of record, if any, so they may have an opportunity to appear at
the hearing and protect their interest.
2. After hearing the evidence presented by all parties, the county tax assessor-collector
may award ownership of the vehicle to the applicant by executing a written order. If
awarded ownership, the owner should submit a formal application for Texas title and
register the motor vehicle. Attach all evidence presented at the hearing to the order and
submit it with the title application to the department. The department abides by this
decision and issues title.
3. If the county tax assessor-collector’s decision is not to overrule the department, they
should notify the applicant by official letter signed by the county tax assessor-collector
stating the applicant has five days to appeal this decision to the county court.
4. Transportation Code, §501.052 (e) provides that on an appeal from a county tax
assessor-collector, a county judge shall try the appeal in the manner of other civil
cases. As with other civil cases, the avenue of appeal is through a petition filed under
the Rules of Civil Procedure.
5. The applicant must file a petition in county court. (Sample petitions and sample orders
are available from the department by request.) The applicant must notify VTR of the
proceedings as well as any other interested party, including the recorded owner and
any lienholder of record. Legal notices and process may be served informally by
first-class mail to the Office of General Counsel, Texas Department of Motor Vehicles
Austin, Texas or, if requested in advance, by fax.
Note: Regional Service Centers, are not authorized to accept citations on behalf of
the department.
6. On receipt of a properly filed petition, the department’s Office of General Counsel
files an Answer to the Court explaining any irregularities and ensures that relevant
parties are notified so they may intervene to protect their interests if they wish to do so,
before a final order or judgment is issued. The department does not represent any
person’s interest in these cases.
Bonded Title
Motor Vehicle Title Manual 8-5 TxDMV April 2015
7. It is the department’s position that if we receive an order and have no record of being
served with a petition, we cannot comply with the terms.
8. If the county court reverses the county tax assessor-collector’s decision, VTR accepts
the application for Texas title supported by a certified copy of the court order. If a
recorded lienholder is not made a party to the suit and the court order does not vest
title free and clear of all liens, then the applicant must attach a release of the recorded
lien to the title transaction.
Documentation Lacking for Title Issuance
An applicant is also entitled to a hearing in cases when a county tax assessor-collector’s
office determines proper documentation is lacking for title issuance. The county tax
assessor-collector’s office provides the applicant with a Notice of Title Rejection
indicating the evidence needed to complete their transaction. If the applicant cannot obtain
the evidence, they may appeal the decision by requesting a tax collector hearing.
Hearings after Department Rejection
An applicant is also entitled to a hearing in cases when VTR rejects an application for
Texas title after it is filed with the county tax assessor-collector’s office. If the applicant is
unable to secure the necessary evidence to satisfy the rejection and requests the county tax
assessor-collector to hold a hearing, the county tax assessor-collector’s office then returns
the rejected application for Texas title and all supporting evidence to VTR with
notification of the date set for the hearing. The department then reviews the evidence. If
VTR finds sufficient evidence, they notify the county tax assessor-collector’s that the title
shall issue. Otherwise, follow the hearing procedure in Holding a Hearing.
Note: When a vehicle’s serial number or VIN has been removed, altered, or
obliterated, the owner may apply to VTR or a court for a new identification
number. Refer to Assignment of Identification Number by Department (TEX
Prefix Numbers).
8.4 Bonded Title
Transportation Code Section 501.053
(a) As an alternative to the procedure provided by Section 501.052, the person may
obtain a title by filing a bond with the department if the vehicle is in the
possession of the applicant and:
(1) there is no security interest on the vehicle;
(2) any lien on the vehicle is at least 10 years old; or
(3) the person provides a release of all liens with bond.
(b) The bond must be:
(1) in the manner prescribed by the department;
(2) executed by the applicant;
(3) issued by a person authorized to conduct a surety business in this state;
Bonded Title
Motor Vehicle Title Manual 8-6 TxDMV April 2015
(4) in an amount equal to one and one-half times the value of the vehicle as
determined by the department, which may set an appraisal system by rule if it
is unable to determine that value; and
(5) conditioned to indemnify all prior owners and lienholders and all subsequent
purchasers of the vehicle or persons who acquire a security interest in the
vehicle, and their successors in interest, against any expense, loss, or damage,
including reasonable attorney’s fees, occurring because of the issuance of the
title for the vehicle or for a defect in or undisclosed security interest on the
right, title, or interest of the applicant to the vehicle.
(c) An interested person has a right of action to recover on the bond for a breach of
the bond’s condition. The aggregate liability of the surety to all persons may not
exceed the amount of the bond.
(d) A bond under this section expires on the third anniversary of the date the bond
became effective.
(e) The board by rule may establish a fee to cover the cost of administering this
section.
Filing of Bond as Alternative to Hearing
The provisions of Transportation Code Section 501.053 provide an alternative to a tax
collector’s hearing. Under this section, the department may issue a certificate of title in
instances when a person interested in a motor vehicle that the department has refused to
issue a certificate of title, or that the department has suspended or revoked a Texas
certificate of title, files a surety bond with the department. The bond must be in the form
prescribed by the department and completed by the applicant and by a person authorized
to conduct a surety business in this State. In order to determine qualifications (refer to
Initial Requirements and Final Requirements) for a surety bond, the title applicant is
required to complete a Tax Collector Hearing / Bonded Title Application, Form
VTR-130-SOF.
Initial Requirements
An applicant must meet one of the requirements listed below in order to pursue the bonded
title procedure.
• The title applicant is a Texas resident or military personnel stationed in Texas, or
• The title applicant is not a Texas resident, but a registration and title verification
indicates that a Texas title record exists on the vehicle, and is the latest record of title
for the vehicle. A bonded title may be applied for by the out of state resident in any
county tax assessor-collector’s office.
Final Requirements
If the title applicant meets one of the requirements of the Initial Requirements above, the
subject vehicle must meet all of the following applicable requirements:
• The vehicle must be subject to the Texas Certificate of Title Act, Transportation Code
Chapter 501.
Bonded Title
Motor Vehicle Title Manual 8-7 TxDMV April 2015
• The vehicle must be eligible to be registered and/or titled in Texas and is in the
possession of, and legally controlled by, the title applicant.
• If the applicant is a Texas resident, but the evidence indicates that the vehicle is an out
of state vehicle, the vehicle must meet current VIN verification by providing a
completed Vehicle Inspection Report or Out-of-State Identification Certificate, Form
VI-30. If the bonded title application is for “Title Only,” the Vehicle Inspection
Report or Out-of-State Identification Certificate can be waived; however, the “VIN
CERTIFICATION WAIVED” remark must be placed on the title record. However,
this waiver does not exempt the vehicle without a Texas record from obtaining the
required Form VTR-68-A.
Ineligible Transactions
Circumstances that do not fall under the provisions of Transportation Code Section
501.053 because there are other statutory or judicial remedies available are:
• Vehicles subject to any of the provisions of the Transportation Code Chapter 683,
Abandoned Motor Vehicles (i.e., abandoned vehicles, junked vehicles issued a
Certificate of Authority, vehicles declared a public nuisance, vehicles left at parking
facilities, etc.).
• Vehicles on which a person holds storage or mechanic’s charges under the provisions
of Occupations Code, Chapter 2303 or Chapter 70, State Property Code (unless it
involves an innocent purchaser).
• Stolen vehicles.
• Vehicles involved in ownership litigation.
• Applicant is unable to provide proof of compliance with U. S. Department of
Transportation safety requirements for a vehicle that was not manufactured for sale or
distribution in the United States.
• Export only vehicles.
Review of Evidence
Upon initial contact at a Regional Service Center by a title applicant requesting a review
of evidence of ownership, the applicant must complete a Tax Collector Hearing / Bonded
Title Application, Form VTR-130-SOF, explaining how and from whom the vehicle was
obtained.
If it is determined from the explanation that the circumstances addressed fall under the
conditions of Ineligible Transactions the applicant must follow the remedy available for
that particular circumstance.
If the explanation does not address any of the conditions of Ineligible Transactions but
does address at least one of the requirements of paragraph Initial Requirements and all
applicable requirements of Final Requirements, the TxDMV Regional Service Center
examines the evidence of ownership. In addition to examining the evidence, Regional
Service Center personnel obtain the necessary information on the subject vehicle before
issuing a rejection letter.
• VTR searches the motor vehicle database for a title and registration verification. (The
VIN is the primary means of access.)
Bonded Title
Motor Vehicle Title Manual 8-8 TxDMV April 2015
• VTR searches NMVTIS for vehicle brands. Any brand applied by another state will be
carried forward to the Texas record. Junk/Salvage/Insurance information as reported
to NMVTIS is not considered for branding a Texas title.
Note: If no record is found and it appears that the VIN is a non-USA (gray market)
VIN, the applicant must provide proof of compliance with U. S. Department
of Transportation safety requirements. (Refer to Chapter 19, “Imported
Vehicles” for further details.)
• If the vehicle is registered and/or titled in another state, the applicant should make
every effort to obtain a registration and title verification from such state before taking
further action. However, due to the enactment of federal privacy laws (i.e., Driver
Privacy Protection Act), many states do not provide this information to individuals or
may only provide the information for certain uses.
Note: An out of state title that has a “Bonded Title” notation recorded should not
carry forward to the Texas title.
Rejection Letter
If it is determined that the applicant is eligible for a bonded title, VTR provides a rejection
letter which include the amount of the bond, the applicant’s evidence and informs the title
applicant of the options available to obtain title in their name.
Identification Requirement
An acceptable form of identification is required to obtain a TxDMV Rejection Letter. The
acceptable identification to obtain a TxDMV Rejection Letter is the same as those
required with an Application for Title. (See Chapter 6, “Application and Issuance of
Motor Vehicle Title,” Personal Identification Information for Obtaining Title).
Determining Vehicle Values
In accordance with Transportation Code Section 501.053, the amount of the bond must be
equal to 1.5 times the value of the vehicle as determined by the department. This amount
will appear in the rejection letter.
VTR determines the value using:
• The Standard Presumptive Value (SPV) from the TxDMV web site (www.txdmv.gov)
as the primary source.
• If a SPV is not available, a national reference guide
• If a value is not available through one of the above, a licensed motor vehicle dealer or
insurance adjuster may appraise the vehicle on a form provided by VTR.
The TxDMV Regional Service Centers incorporate the reasons for rejection into the
rejection letter. They enclose a Certificate of Title Surety Bond, Form VTR-130-SB with
each rejection letter and send a copy of the rejection letter to the owner and lienholder of
record. Prepare the copies as a bcc: (blind courtesy copy) to the owner and lienholder. The
mailing addresses are obtained from the printout of the latest Texas title and registration
verification, the out of state verification, or other supporting evidence.
Bonded Title
Motor Vehicle Title Manual 8-9 TxDMV April 2015
Note: VTR may not provide a printout of the record to the applicant (attached to
the rejection letter or otherwise) unless the applicant completes a Request for
Texas Motor Vehicle Information, Form VTR-275, and certifies, by initialing,
that the intended use of the information is for one of the permitted uses and
pays the applicable fee.
Vehicle Value Undetermined
If VTR cannot determine the value of the vehicle from the reference material and the title
applicant does not wish to submit an appraisal to the Regional Service Center, advise the
applicant that they must obtain all acceptable ownership and transfer documents or pursue
a tax collector hearing or court order.
Brands and Remarks
The department utilizes the NMVTIS Web Interface to research a vehicle’s history. When
NMVTIS indicates a state has applied a brand or remark which Texas would apply to a
vehicle, it is notated on the reverse of the VTR-130-SOF in the “FOR DEPARTMENT
USE ONLY” box in item number 7. Apply all brands as indicated by the Regional Service
Center on the reverse of the VTR-130-SOF.
Note: Only brands or remarks applied by another state may be applied to a Texas
record. When NMVTIS indicates a value affecting report by an Insurance or
Salvage entity, Texas cannot assume the vehicle actually met the statutory
definition to be branded, therefore TxDMV Regional Service Centers give no
consideration to these types of reports in NMVTIS. All brands/remarks
indicated on the reverse of the VTR-130-SOF are state applied brands or
remarks.
Liens
Effective September 1, 2013, new restrictions apply to applications for bonded titles. A
person may file an application for a bonded title if the vehicle is in the possession of the
applicant, and either there is no lien recorded on the vehicle record or the recorded lien on
the record is 10 or more years old.
When TxDMV resources indicate a recorded lien of less than 10 years old, and all other
eligibility requirements as listed on the Form VTR-130-SOF are met, a TxDMV rejection
letter will be issued. This TxDMV rejection letter will contain a statement that the bonding
company is responsible for ensuring a release of lien(s) is attached or certifying that the
lien(s) have been satisfied.
When no liens exist, or if the recorded liens are 10 or more years old, and all other
eligibility requirements as listed on the Form VTR-130-SOF are met, the standard
TxDMV rejection letter will continue to be issued.
An applicant is not required to provide the release of lien(s) or letter(s) of no interest when
applying at the county tax assessor-collector’s office.
Bonded Title
Motor Vehicle Title Manual 8-10 TxDMV April 2015
Suspended or Revoked Existing Titles
In situations where the title applicant desires to pursue the bonded title procedure because
VTR has suspended or revoked an existing title, upon written request from the title
applicant, the Regional Service Center should contact the VTR Austin Headquarters to
determine the office responsible for the suspension or revocation.
Upon such contact, VTR determines whether or not the bonded title procedure is available
to the title applicant. (Refer to Initial Requirements, Final Requirements, and Ineligible
Transactions.)
If the bonded title procedure is available, the Regional Service Center prepares the
rejection letter necessary to purchase a bond and:
• indicates the amount of bond in the space provided on the rejection letter
• completes and encloses a rejection list with each rejection letter
• encloses a Certificate of Title Surety Bond, Form VTR-130-SB, with each rejection
letter, and
• sends a copy of the rejection letter to the owner and lienholder of record and any other
interested parties, if applicable, via first class mail. Prepare such copies as a bcc: (blind
courtesy copy) to the owner and lienholder. The mailing addresses are obtained from
the printout of the latest Texas title and registration verification, the out of state
verification, or other supporting evidence. Send a blind courtesy copy to the office
responsible for the suspension or revocation for filing in the suspension or revocation
file.
If the bonded title procedure is not available, advise the applicant that a county tax
assessor-collector hearing or court order must resolve the matter.
County Processing
When the county tax assessor-collector’s office receives a bonded title transaction,
examine the transaction for completeness and ensure that the surety bond is correct. The
bond must be the Certificate of Title Surety Bond, Form VTR-130-SB, or must contain
the exact wording. The county tax assessor-collector’s office should verify that:
• the bond contains a “Bond Number”;
• the bond has been issued for an amount that is equal to or greater than the amount
determined by VTR;
• all vehicle information is correct;
• the bond is signed and dated by both the principal (applicant) and an agent for the
surety company;
• the bond contains the surety company’s seal (embossed, stamped, digitized or
affixed);
• no more than 30 days has elapsed since the effective date of the bond (note the date
received on the application); and the name of the applicant is the same as the principal
on the bond.
Bonded Title
Motor Vehicle Title Manual 8-11 TxDMV April 2015
When processing a bonded title application for a vehicle that has a lien less than 10 years
old indicated on the record, the county tax assessor-collector’s offices must require that a
release of lien or certification by a bonding company that any lien(s) have been satisfied is
attached to a valid bond. To certify that a lien(s) has been satisfied, a bonding company
must complete the certification at the bottom of page 2 of the TxDMV rejection letter.
When no liens exist, or if the recorded lien(s) are 10 or more years old, and all other
eligibility requirements as listed on the Form VTR-130-SOF are met, and the applicant
has presented a valid bond, the county tax assessor-collector’s offices will process the title
application.
When processing a bonded title application, and no previous owner information is
available “Unknown” should be entered into the previous owner and city fields. “TX”
should be entered into the state field, unless supporting documentation provides at least
the state from where the vehicle originated and is supported by the appropriate out of state
documentation.
Late Transactions
Transactions received more than 30 days after the effective date of the bond may not be
accepted. Instruct the title applicant that they must include a bond amendment (rider) or an
original surety bond extending the bond for the expired period before the transaction is
acceptable. The agent for the surety company must sign this amendment. (Refer to the
letter in the transaction to verify the appropriate bond amount.) If the transaction does not
include the letter, which established the bond amount, do not accept the transaction and
instruct the title applicant to contact the appropriate Regional Service Center to secure a
letter, which establishes the amount of bond.
Require Documentation
Applicants must support bonded title transaction by the following documentation when
filing with the county tax assessor-collector’s office:
• VTR’s letter establishing the amount of bond with all enclosures noted and attached.
The date on the letter may not exceed one year from the date of filing. At a minimum
the enclosures must include the original Tax Collector Hearing / Bonded Title
Application, Form VTR-130-SOF, and the documents used to establish the bond
amount (i.e., photocopies or printouts of the applicable reference pages or the original
appraisal of the vehicle);
• The properly completed original surety bond, and, if applicable, an original or certified
copy of the power of attorney and/or an original bond amendment;
Note: VTR accepts electronic signatures on a Surety Bond POA if the POA also
includes an embossed or digital seal. All other POA’s must have original
signatures or be certified as a “true and correct copy of the original.” The
Certificate of Title Surety Bond must include original signatures.
Bonded Title
Motor Vehicle Title Manual 8-12 TxDMV April 2015
• Verify the VIN. If the vehicle is from another state or country, a Vehicle Inspection
Report or an Out-of-State Identification Certificate, Form VI-30, issued by a State
appointed Safety Inspection Station is required to obtain registration; otherwise a title
only (no registration) may be issued if the transaction is supported by either a
Statement of Physical Inspection, Form VTR-270, or a legible pencil tracing of the
VIN; and
• Valid proof of financial responsibility in the applicant’s name.
Note: If the bonded title application is for “Title Only,” counties can waive the
Vehicle Inspection Report or Form VI-30; however, the “VIN
CERTIFICATION WAIVED” remark must be placed on the title record.
Note: For titling purposes, an Out-of-State Identification Certificate, Form VI-30,
issued prior to March 1, 2015, is valid for up to a year after issuance and will
continue to be accepted after March 1, 2015.
Fee Collection
If the transaction is complete and received within 30 days of the effective date of the bond
or the bond amendment, counties should collect all applicable fees and issue a Form
VTR-500-RTS.
Assemble the Transaction
Assemble in accordance with Chapter 2, Section 2.6 Title Transaction Documents –
Assembly Procedures.
Maintenance of Original Surety Bonds
The original surety bonds are effective for a three year period from the effective date of
the bond. If during the three-year period VTR receives a judgment payment notice from a
surety company, the owner must obtain a new bond covering the remainder of the three
year period.
When the three year period has elapsed and if VTR has not been notified of pending action
to recover on said bond:
1. The customer may contact a Regional Service Center to request the Bonded Title
remark be removed.
2. The Regional Service Center will verify that the bond is over three years old and send
a request to Vehicle Data Management (VDM) to request the remark be removed.
3. The Regional Service Center will notify the customer once the remark has been
removed.
Once the remark has been removed from the record, the customer may file an application
for original title at their county tax assessor-collector’s office or obtain a Certified Copy of
Texas Title from a Regional Service Center. The applicable fee for either option must be
paid.
Denial for Failure to Provide Proof of Emissions Testing
Motor Vehicle Title Manual 8-13 TxDMV April 2015
Lost Bonded Title Transactions
Follow the lost transactions procedures outlined in Chapter 6, “Application and Issuance
of Motor Vehicle Title” if bonded title transactions are lost en route from the county tax
assessor-collector’s office to the Vehicle Titles and Registration Division. In either case,
the title applicant must submit another surety bond, labeled “DUPLICATE” but must
contain original signatures of the principal and the agent for the surety company.
Receivership or Liquidation of Surety Company
If a surety company should go into receivership or liquidation before the surety bond
expires, they must notify VTR of such action.
1. Upon receipt of such notification, VTR checks on the status of the certificate of title
surety bonds issued by the surety company by contacting the person named in the
notification for such information. Additionally, they contact the Texas Department of
Insurance to advise that the department has received notification of
receivership/liquidation and to inquire about surety bond status. If the surety bond
status inquiry reveals “CANCELED,” the department obtains a title and registration
verification for each vehicle bonded by the surety company named in the notification
and proceeds with step 2.
2. VTR notifies the owner of record by certified mail (return receipt requested) that the
certificate of title has been suspended due to the cancellation of the original surety
bond, which was obtained to secure a certificate of title. VTR enters a suspension
notation against the applicable title record. The title suspension is not removed until
the owner of record secures a surety bond on the applicable vehicle for the remainder
of the three year period for the amount designated on the original surety bond and
submits the new surety bond to VTR.
3. Upon receipt of the surety bond issued for the remainder of the three year period, the
department examines the bond for proper completion. If the surety bond is properly
completed, VTR acknowledges receipt of the original surety bond, and removes the
suspension notation from the applicable title record.
8.5 Denial for Failure to Provide Proof of Emissions
Testing
Transportation Code Section 501.0276
A county assessor-collector may not issue a title receipt and the department may not issue
a title for a vehicle subject to Section 548.3011 unless proof that the vehicle has passed a
vehicle emissions test as required by that section, in a manner authorized by that section,
is presented to the county assessor-collector with the application for a title.
Requirement, Proof, and Exemptions
Refer to Chapter 9, Section 9.6 Emissions Test on Resale.
8.6 Denial for Safety Responsibility Suspension
Transportation Code Section 601.006
Denial for Safety Responsibility Suspension
Motor Vehicle Title Manual 8-14 TxDMV April 2015
If an owner or operator of a motor vehicle involved in an accident in this state does not
have a driver’s license or vehicle registration or is a nonresident, the person may not be
issued a driver’s license or registration until the person has complied with this chapter to
the same extent that would be necessary if, at the time of the accident, the person had a
driver’s license or registration.
The Safety Responsibility Act provides that a person cannot legally operate a motor
vehicle in Texas without liability insurance coverage. Owners must present valid proof of
liability insurance coverage to receive or renew:
• Motor vehicle registration
• Driver’s license, and
• Vehicle safety inspection
Acceptable evidence of proof may be an original or photocopy of one of the following:
• a liability insurance card
• an insurance policy
• an insurance binder, or
• a certificate of self-insurance.
The Department of Public Safety administers the Safety Responsibility Act. However, this
Act is closely related to the Certificate of Title Act in that the Vehicle Titles and
Registration Division maintains the only complete records of registration and title for
motor vehicles in the State. These records must be available to record the suspension of
registration and title. If the Department of Public Safety suspends the registration of any
motor vehicle, such suspension automatically suspends the title. The department records
the notation “Safety Responsibility Suspension” in the vehicle’s motor vehicle record.
• If a person purchases a motor vehicle with suspended registration, that person may file
an application for Texas title supported by an assigned Texas title along with a Safety
Responsibility Affidavit, Form SR39. This must state that they have acquired the
vehicle in good faith for their own use and benefit, and not for the purpose of aiding
the prior registered owner to defeat the purpose of the Texas Safety Responsibility
Act. Record the SR case number on the form, but the department does not reject the
transaction if it does not appear.
• If a motor vehicle on which a suspension has been placed was transferred prior to the
date of suspension, VTR may accept an application for Texas title on the vehicle
provided the title transaction is in proper order.
• Any transfer of a motor vehicle by operation of law (repossession affidavit, court
order, affidavit of heirship, sheriff’s bill of sale, etc.) automatically lifts the suspension
against the motor vehicle.
• Owners may file an application for corrected certificate of title (no transfer of
ownership involved) on a motor vehicle that has a Safety Responsibility Suspension
against it.
• VTR may issue a Certified Copy of a Texas Certificate of Title on a suspended
vehicle.
Denial for Safety Responsibility Suspension
Motor Vehicle Title Manual 8-15 TxDMV April 2015
• If a motor vehicle with suspended registration is transferred, the applicant may secure
a duplicate license receipt either from the county in which the vehicle was registered
or from the department. In the event current license plates have been removed, the
applicant may secure a set of replacement plates from the county tax
assessor-collector’s office. (This is necessary because the registration receipt and the
license plates of any suspended vehicle are required to be surrendered to the
Department of Public Safety.) A request to the department for a duplicate license
receipt should include the papers showing transfer by operation of law (such as
repossession affidavit or affidavit of heirship) or a Safety Responsibility Affidavit,
Form SR39. When the department issues the receipt, it returns the surrendered papers
to the applicant for later attachment to the application for Texas title.
Motor Vehicle Title Manual 9-1 TxDMV April 2015
Chapter 9
TRANSFER OF OWNERSHIP
This chapter contains the following sections:
• 9.1 Definition
• 9.2 Sale of Vehicle; Transfer of Title
• 9.3 Title Assignments
• 9.4 Dealer Assignments
• 9.5 Filing By Purchaser; Application For Transfer Of Title
• 9.6 Emissions Test on Resale
• 9.7 Delivery of Receipt and Title to Purchaser of Used Motor Vehicle
• 9.8 Vehicle Transfer Notification
• 9.9 Violations and Penalties
9.1 Definition
Transportation Code Section 501.002 (8)
“First sale” means:
(A) the bargain, sale, transfer, or delivery of a motor vehicle that has not
been previously registered or titled, with intent to pass an interest in the
motor vehicle, other than a lien, regardless of where the bargain, sale,
transfer, or delivery occurred; and
(B) the registration or titling of that vehicle.
The first title application filed with the county tax assessor-collector’s office, supported by
a Manufacturer’s Certificate of Origin (MCO), represents the first sale of a motor vehicle.
The date the title receipt is issued is the date the vehicle becomes a used vehicle. A dealer
may not register a new vehicle without applying for title in the dealer’s name.
9.2 Sale of Vehicle; Transfer of Title
Transportation Code Section 501.071
(a) Except as provided in Section 503.039, a motor vehicle may not be the subject
of a subsequent sale unless the owner designated on the title submits a transfer
of ownership of the title.
(b) The transfer of the title must be in a manner prescribed by the department that:
(1) certifies the purchaser is the owner of the vehicle; and
(2) certifies there are no liens on the vehicle or provides a release of each lien on
the vehicle.
Title Assignments
Motor Vehicle Title Manual 9-2 TxDMV April 2015
The reverse side of a Texas Certificate of Title provides an assignment and several
reassignments of title for transfer of ownership. The first assignment (or transfer) of title is
properly executed when the purchaser’s name and address are shown, and the seller signs
and dates the assignment of title. The assignments also include a statement as to the
vehicle’s odometer reading at the time of transfer. The seller and purchaser must be
complete and sign the odometer statement, if applicable.
When signed by the seller, the wording provided on each assignment on a Texas
Certificate of Title constitutes a statement that the motor vehicle described on the title is
free of all liens and encumbrances except those liens noted on the title or fully described in
an attached statement.
When a dealer completes an assignment, the dealer is required by law to include a separate
statement describing any security interest agreement (floor plan lien) that might cover the
vehicles in inventory. However, since the Business and Commerce Code provides that a
buyer of a vehicle in inventory in the ordinary course of business takes title free and clear
of any security interest agreement, a release of this type lien is not required. Furthermore,
if such a statement is not attached, the department accepts the transaction and assumes that
the vehicle is free of all liens.
A lien noted on the face of a title must be either released or carried forward to the new
application and title, unless the vehicle was repossessed.
Sale or Offer without Title Receipt or Title
Transportation Code Section 501.152
(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.
(b) It is not a violation of this section for the beneficial owner of a vehicle to sell or
offer to sell a vehicle without having possession of the title to the vehicle if the sole
reason he or she does not have possession of the title is that the title is in the
possession of a lienholder who has not complied with the terms of Section
501.115(a) of this code.
No person in this State may offer for sale any motor vehicle registered out of state without
having in his or her possession a title (or registration receipt if the motor vehicle is from a
non title state).
9.3 Title Assignments
Joint Ownership
When one of the joint owners desires to sell to the other, only the seller needs transfer.
Bills of Sale
Refer to Section 10.3 Bill of Sale.
Title Assignments
Motor Vehicle Title Manual 9-3 TxDMV April 2015
Attorneys and Executors
When an attorney in fact, executor, administrator, etc assigns the title, that person must
sign in such a manner as to clearly indicate for whom they are signing; and their authority
to sign must accompany the assignment and attached to the transaction (Refer to
Chapter 16, “Operation of Law”).
Repossessions
On repossessions from a recorded lien, the lienholder must use the first assignment on the
certificate of title. A lienholder that is a dealer cannot, in this case, use the Dealer’s
Reassignment of Title for a Motor Vehicle, Form VTR-41-A.
On repossession from a security agreement (lien not recorded on title), the lienholder
(dealers included) in all cases, must file application and receive title in their name before
proceeding to transfer. (Refer to Transportation Code Section 501.074.)
In a voluntary repossession in which the owner assigns the title to the lienholder, the
lienholder must secure title in their name unless they hold a current dealer license number
or unless a repossession affidavit is attached. In either case, the lienholder may use the
reassignment of title. However, if there is any indication of repossession in the transaction,
a repossession affidavit must be attached.
Court Orders
The person to whom ownership of a vehicle is vested by a court order may assign the
certificate of title.
Judicial Bill Of Sale
A receiver may give a completed judicial bill of sale to a subsequent purchaser or assign
the certificate of title.
Abandoned Vehicles
The purchaser, as shown on a Sheriff’s, Constable’s, or U. S. Marshal’s Bill of Sale,
Mechanic’s or Storage Lien Bill of Sale, or Auction Sales Receipt for an abandoned
vehicle, must secure title in their name; however, if the purchaser is a dealer, they may use
the Dealer’s Reassignment of Title for a Motor Vehicle, Form VTR-41-A.
Purchase and Merger of Firms
When a firm takes over the business of a second firm by purchase or by merger, the
certificate of title covering any motor vehicle owned by the second firm may be
transferred to the surviving firm or to a subsequent purchaser by assigning the title as
“Successor to (other firm)” or as “Formerly (other firm).” The new owner must then apply
for transfer of title.
Dealer Assignments
Motor Vehicle Title Manual 9-4 TxDMV April 2015
When one corporation purchases or merges with another corporation, it is understood that
in the purchase of the corporation, all property of the original corporation is sold or
merged with the surviving corporation; and no further transfer of title is necessary. In
these cases, the corporation can file an application for corrected title to record the name of
the corporation owner. A negotiable Texas title and a verification of the merger from the
Secretary of State must support the application.
9.4 Dealer Assignments
Form VTR-41-A
Form VTR-41-A has been designed exclusively for use by licensed Texas dealers. All
reassignments must be in consecutive order regardless of whether they are completed on
the back of the title or on a separate Form VTR-41-A. Furthermore, each dealer must
show their current dealer license number. All available assignment spaces on the Texas
Certificate of Title must be completed before a Form VTR-41-A may be used. If a Form
VTR-41-A is used to transfer a Texas Certificate of Title or a Manufacturer’s Certificate
of Origin that does not have all assignments completed, the title transaction is not
acceptable. This does not apply to transactions involving out of state titles.
The dealer’s name on each reassignment must agree with the name on the dealer license. If
the dealer’s name on an assignment does not agree with the dealer license, the dealer may
correct the name when reassigning the title by showing the incorrect name followed by the
letters DBA (doing business as) and the correct dealership name. For example, if the title
is assigned to “Joe Doaks” and the correct dealership name is “J D Auto Sales”, the name
of the seller on the reassignment of title should show “Joe Doaks DBA J D Auto Sales”. In
addition, the dealer must provide an affidavit certifying that the person named on the
assignment is an agent/employee of the dealership.
If a Texas Certificate of Title is issued in the name of a licensed dealer, assignment must
be made on the back of the title to transfer ownership; but the first retail purchaser must
secure title in their name.
Rules
A licensed dealer may use a Dealer’s Reassignment of Title for a Motor Vehicle, Form
VTR-41-A, under the following rules:
• No dealer may use a Form VTR-41-A unless they have a current Texas dealer license.
They must show the dealer license number in its proper place.
• In the event all the reassignments are used on the back of a Manufacturer’s Certificate
of Origin (MCO) or a Texas Certificate of Title issued after April 29, 1990, a licensed
dealer may make further reassignments of a vehicle by completing a Form
VTR-41-A. However, only a licensed franchised dealer may reassign a Manufacturer’s
Certificate of Origin (MCO).
• All reassignments on the title and the reassignments on the Form VTR-41-A. should
contain original signatures.
• Dealers must provide a statement of fact for any alteration or erasure on the Form
VTR-41-A.
Filing By Purchaser; Application For Transfer Of Title
Motor Vehicle Title Manual 9-5 TxDMV April 2015
• Dealers must use the Form VTR-41-A when all assignments are complete on a Texas
title. They may show exempt in the odometer disclosure field.
9.5 Filing By Purchaser; Application For Transfer Of Title
Transportation Code Section 501.145
(a) Not later than the later of the 30th day after the date of assignment on the
documents or the date provided by Section 152.069, Tax Code, the purchaser of
the used motor vehicle shall file with the county assessor-collector:
(1) The certificate of title or other evidence of title; or
(2) if appropriate, a document described by Section 502.457 and the title or other
evidence of ownership.
(b) The filing under Subsection (a) is an application for transfer of title as required
under this chapter and an application for transfer of the registration of the motor
vehicle.
(c) Notwithstanding Subsection (a), if the purchaser is a member of the armed forces
of the United States, a member of the Texas National Guard or of the National
Guard of another state serving on active duty under an order of the president of
the United States, or a member of a reserve component of the armed forces of the
United States serving on active duty under an order of the president of the United
States, the documents described by Subsection (a) must be filed with the county
assessor-collector not later than the 60th day after the date of assignment of
ownership.
Transfer Fee; Late Fee
For information relating to the delinquent transfer penalty, refer to Chapter 3, Section 3.3
Delinquent Transfer Penalty.
9.6 Emissions Test on Resale
Transportation Code Section 548.3011
(a) This section applies only to a vehicle:
(1) the most recent certificate of title for which or registration of which was
issued in a county without a motor vehicle emissions inspection and
maintenance program; and
(2) the ownership of which has changed and which has been the subject of a retail
sale as defined by Section 2301.002, Occupations Code.
(b) Notwithstanding Subsection (a), this section does not apply to a vehicle that is a
1996 or newer model that has less than 50,000 miles.
(c) A vehicle subject to this section is not eligible for a title receipt under Section
501.024, a certificate of title under Section 501.027, or registration under Chapter
502 in a county with a motor vehicle emissions inspection and maintenance
program unless proof is presented with the application for certificate of title or
registration, as appropriate, that the vehicle, not earlier than the 90th day before
Emissions Test on Resale
Motor Vehicle Title Manual 9-6 TxDMV April 2015
the date on which the new owner’s application for certificate of title or registration
is filed with the county clerk or county assessor-collector, as appropriate, has
passed an approved vehicle emission test in the county in which it is to be titled or
registered.
(d) The proof required by Subsection (c) may be in the form of a Vehicle Inspection
Report (VIR) or other proof of program compliance as authorized by the
department.
Affected County (or non-attainment)
Affected county (or non-attainment) refers to any county with a motor vehicle emissions
inspection and maintenance (I/M) program.
Emissions Test on Resale
Emissions test on resale refers to an emissions test performed on a vehicle coming into an
affected county (non-attainment) from another county within the state which does not
have an I/M program (non-affected county or attainment) where the ownership has
changed as the result of a retail sale and a registration and/or titling change is necessary.
The emissions test is not required on:
• a vehicle that is a 1996 or newer model
• that has less than 50,000 actual miles, or
• a vehicle for which a “title only” application is filed (Transportation Code Section
501.0275).
Transportation Code Section 548.3011 provides that the county tax assessor-collector or
department may not issue a registration, title receipt, or certificate of title unless the
applicant provides proof that the vehicle has passed a vehicle emissions test in the affected
county.
Note: Emission restrictions do not apply to “Title Only” applications.
Proof of Compliance
Acceptable proof of compliance with the vehicle emissions testing program:
• Vehicle Inspection Report (VIR) with a “Pass” notation (valid for 90 days after date of
issuance).
• Vehicle Emissions Waiver/Time Extension (VIE-5)
• Parts Availability Time Extension (VIE-9)
• Affidavit (VIE-12)
Exemption
Vehicles are exempt from the vehicle emissions inspection and maintenance program if
the vehicle operates in the county with an emissions program for fewer than 60 days
during the registration period for which the registration is issued.
Delivery of Receipt and Title to Purchaser of Used Motor Vehicle
Motor Vehicle Title Manual 9-7 TxDMV April 2015
The owner of a motor vehicle may obtain an exemption from the vehicle emissions test
requirements by providing the county tax assessor-collector’s office with a waiver
provided by a state authorized safety inspection station.
9.7 Delivery of Receipt and Title to Purchaser of Used
Motor Vehicle
Transportation Code Section 501.0721
A person, whether acting for that person or another, who sells, trades, or otherwise
transfers a used motor vehicle shall deliver to the purchaser at the time of delivery of the
vehicle a properly assigned title or other evidence of title as required under this chapter.
If an unregistered vehicle is sold, the purchaser (whether an individual, dealer, or
subsequent retail purchaser) is not required to pay registration fees back to the date of the
sale. The registration starts with the month the current owner files the application for
Texas title, unless apprehended. (For further discussion, refer to the TxDMV Motor Vehicle
Registration Manual.)
A motor vehicle is not required to be registered at the time it is sold. For Further
information see Title Only.
9.8 Vehicle Transfer Notification
Transportation Code Section 501.147
(a) On receipt of a written notice of transfer from the seller of a motor vehicle, the
department shall indicate the transfer on the motor vehicle records maintained
by the department. As an alternative to a written notice of transfer, the
department shall establish procedures that permit the seller of a motor vehicle
to electronically submit a notice of transfer to the department through the
department’s Internet website. A notice of transfer provided through the
department’s Internet website is not required to bear the signature of the seller
or include the date of signing.
(b) The notice of transfer shall be provided by the department and must include a
place for the seller to state:
(1) a complete description of the vehicle as prescribed by the department;
(2) the full name and address of the seller;
(3) the full name and address of the purchaser;
(4) the date the seller delivered possession of the vehicle to the purchaser;
(5) the signature of the seller; and
(6) the date the seller signed the form.
(c) This subsection applies only if the department receives notice under Subsection (a)
before the 30th day after the date the seller delivered possession of the vehicle to
the purchaser or in accordance with Section 152.069, Tax Code. After the date of
the transfer of the vehicle shown on the records of the department, the purchaser
of the vehicle shown on the records is rebuttably presumed to be:
(1) the owner of the vehicle; and
Vehicle Transfer Notification
Motor Vehicle Title Manual 9-8 TxDMV April 2015
(2) subject to civil and criminal liability arising out of the use, operation, or
abandonment of the vehicle, to the extent that ownership of the vehicle
subjects the owner of the vehicle to criminal or civil liability under another
provision of law.
(d) The department may adopt rules to implement this section.
(e) This section does not impose or establish civil or criminal liability on the owner of
a motor vehicle who transfers ownership of the vehicle but does not disclose the
transfer to the department.
(f) The department may not issue a title or register the vehicle until the purchaser
applies for a title to the county assessor-collector as provided by this chapter.
(g) A transferor who files the appropriate form with the department as provided by,
and in accordance with, this section, whether that form is a part of a title or a form
otherwise promulgated by the department to comply with the terms of this section,
has no vicarious civil or criminal liability arising out of the use, operation, or
abandonment of the vehicle by another person. Proof by the transferor that the
transferor filed a form under this section is a complete defense to an action
brought against the transferor for an act or omission, civil or criminal, arising out
of the use, operation, or abandonment of the vehicle by another person after the
transferor filed the form. A copy of the form filed under this section is proof of the
filing of the form.
Notification of Vehicle Transfer
When a vehicle is sold or transferred, the recorded owner(s) shown on the certificate of
title may voluntarily notify the department of the sale by completing a Texas Motor
Vehicle Transfer Notification, Form VTR-346. The department must receive the form
within 30 days of the date of sale for the buyer to be presumed to be the owner for liability
purposes. If received later than 30 days after the date of sale, the department accepts the
notification and records the sale date, but the seller may not be afforded the liability
protections provided in law.
The seller may submit Form VTR-346 in the following ways:
• Electronically through the department’s website (www.txdmv.gov/).
• By mail to the following address:
Vehicle Titles and Registration Division
Texas Department of Motor Vehicles
P.O. Box 26417
Austin, TX 78755-0417
• In person to a TxDMV Regional Service Center
A recorded owner may submit a written request to the department to mark its records to
indicate the transfer. A written request must include all information required as shown
above in subsection (b) of Transportation Code Section 501.147.
Note: All requested information on the form must be complete. The date shown as
the date the vehicle was sold on the VTR-346 cannot be prior to the date the
existing title was issued.
Violations and Penalties
Motor Vehicle Title Manual 9-9 TxDMV April 2015
Note: As of June 14, 2007, the $5 fee is no longer collected.
Upon receipt of a Texas Motor Vehicle Transfer Notification form, submitted either by
mail or electronically, or written request properly completed by the recorded owner(s), the
department marks the vehicle record with the date of transfer and the notation “Vehicle
Transferred”. The department maintains records of the notification of transfer to provide
the name and address of the purchaser/transferee, upon request.
The motor vehicle title record remains in the name of the last recorded owner(s) until a
properly completed application for Texas title is filed through a county tax
assessor-collector’s office by the transferee and the new certificate of title is issued by the
department.
9.9 Violations and Penalties
Sales in Violation of Chapter
Transportation Code Section 501.073
A sale made in violation of this chapter is void and title may not pass until the
requirements of this chapter are satisfied.
Execution of Transfer Documents; Penalty
Transportation Code Section 501.161
(a) A person who transfers a motor vehicle in this state shall complete in full and
date as of the date of the transfer all documents relating to the transfer of
registration or title. A person who transfers a vehicle commits an offense if the
person fails to execute the document in full.
(b) A person commits an offense if the person:
(1) accepts a document described by Subsection (a) that does not contain all of
the required information; or
(2) alters or mutilates such a document.
(c) An offense under this section is a misdemeanor punishable by a fine of not less
than $50 and not more than $200.
General Penalty
Transportation Code Section 520.016
(a) A person commits an offense if the person violates this subchapter in a manner
for which a specific penalty is not provided.
(b) An offense under this section is a misdemeanor punishable by a fine of not less
than $50 and not more than $200.
(c) This section does not apply to a violation of Section 520.006 or a rule adopted
under Section 520.0071.
Motor Vehicle Title Manual 10-1 TxDMV April 2015
Chapter 10
EVIDENCE OF OWNERSHIP
This chapter contains the following sections:
• 10.1 Definitions
• 10.2 Manufacturer’s Certificate of Origin (MCO)
• 10.3 Bill of Sale
• 10.4 Form 97, US Government Certificate to Title a Vehicle
• 10.5 Importer’s Certificate
10.1 Definitions
Transportation Code Section 501.002 (8) (14) (18)
“First sale” means:
(A) the bargain, sale, transfer, or delivery of a motor vehicle that has not
been previously registered or titled, with intent to pass an interest in the
motor vehicle, other than a lien, regardless of where the bargain, sale,
transfer, or delivery occurred; and
(B) the registration or titling of that vehicle.
“Manufacturer” has the meaning assigned by Section 503.001.
Note: 503.001 (10) states “Manufacturer” means a person who manufactures,
distributes, or assembles new vehicles.
“New motor vehicle” has the meaning assigned by Section 2301.002, Occupations Code
Note: Occupations Code 2301.002 (24) states “New motor vehicle” means a motor
vehicle that has not been the subject of a retail sale regardless of the mileage
of the vehicle.
10.2 Manufacturer’s Certificate of Origin (MCO)
Transportation Code Section 501.025
A county assessor-collector may not issue a title receipt on the first sale of a motor vehicle
unless the applicant for the title provides the application for a title and a manufacturer’s
certificate, in a manner prescribed by the department.
Required on First Sale
The only acceptable basic evidence under this Act to obtain a title for a new vehicle is a
Manufacturer’s Certificate of Origin (MCO).
Under the provisions of this Section, a MCO must accompany the application for a Texas
title of a new vehicle that has never been the subject of a first retail sale (Transportation
Code Section 501.002 ).
Manufacturer’s Certificate of Origin (MCO)
Motor Vehicle Title Manual 10-2 TxDMV April 2015
The department uses the Uniform Security-type MCO adopted by the American
Association of Motor Vehicle Administrators (AAMVA). This form has space for
assignments from manufacturer to distributor or dealer, distributor to dealer, dealer to
dealer, dealer to retail purchaser. Assignment from a manufacturer directly to an
individual is also permitted. The prescribed certificate of origin is a security type design
incorporating unique printing techniques; the forms are available to manufacturers by only
a limited number of vendors. For a list of vendors, contact a TxDMV Regional Service
Center.
• A MCO is the birth certificate for a new motor vehicle, house trailer, trailer, or
semitrailer. The manufacturer must issue one for each vehicle (Transportation Code
Section 501.002 ).
Note: One manufacturer may import an incomplete vehicle into the United States
for completion by a different manufacturer. As a result, the manufacturer’s
name at the top of the MCO is different from the vehicle make. For example,
the MCO may show the manufacturer as Isuzu, the vehicle make as “Chev”,
and the body style as “Cab & Chassis.” The assigned VIN properly identifies
the year model and make as a Chevrolet, the Form 130-U must indicate an
acceptable body style such as flatbed, panel, etc. These types of title
transactions require:
• A single MCO (acceptable as is),
• Acceptable body style on the Form 130-U,
• A weight certificate,
• Proof of insurance.
• Although security-type MCOs are not required for trailers requiring a title in Texas,
VTR recommends the use of them, as other states may require security-type MCOs on
all title transfers.
• A MCO to a motor vehicle which has been assigned to a franchised dealer (licensed to
sell “new” motor vehicles of a specific “make”) by another franchised dealer licensed
to sell the same “make” does not constitute a first sale. However, if the franchised
dealer to whom the MCO is assigned registers the vehicle, a first sale is constituted.
• A MCO for an off highway motorcycle, ATV, or UTV must have a statement that the
vehicle is for off road use only.
• The first retail purchaser must file an application for a Texas title and secure a title in
their name before transferring ownership to a subsequent purchaser.
• The information on the face of the MCO may be typewritten, printed or written in ink.
• Alterations or strikeovers are not acceptable on a MCO. A corrected MCO is required
if the make, year model or VIN is omitted, incomplete or incorrect.
Required Information
Manufacturers must show the following information on the face of the manufacturer’s
certificate:
Manufacturer’s Certificate of Origin (MCO)
Motor Vehicle Title Manual 10-3 TxDMV April 2015
Manufacturer’s Name
The name of the Manufacturer must always be included on the front of a MCO.
Date
The date the vehicle was transferred from the manufacturer.
Name and Address
This includes the name and address of the distributor, dealer, or person to whom issued.
Description of Vehicle
The description of the vehicle:
• Applicants must record the “make” shown on the manufacturer’s certificate and on the
vehicle on the application for Texas title.
• The year model is not always the same as the year made.
Note: Determine the year model from the vehicle identification number. However,
in some cases, the VIN series does not reflect a true year model, such as the
Mule. Therefore, base the correct year model on the actual date shown on the
MCO, unless an actual year model is indicated on the MCO.
• The body type shown on the manufacturer’s certificate must properly describe the
vehicle.
• The vehicle identification number is the identifying number of all vehicles, beginning
with 1956 models.
Weight
Note: As of June 17, 2013, there is no longer a Texas requirement that tonnage be
listed on a Manufacturer’s Certificate of Origin (MCO). Manufacturers are
not required to remove the tonnage information from their MCOs; however,
after June 17, 2013, any listing of tonnage on an MCO will not be used to title
and register a vehicle in Texas.
Passenger
Use the shipping weight shown on the Manufacturer’s Certificate of Origin (MCO) to
determine the weight of new passenger vehicles, add 100 lbs., and figure the fee on the
next even 100 lbs. For example, if the MCO shows the shipping weight as 6,415 lbs., the
addition of 100 lbs. would result in a total of 6,515 lbs. When rounded off to the next
highest hundred pounds, use 6,600 lbs. as the registration weight.
• If there is a question as to the correct weight of a particular vehicle, require the
applicant to present a weight certificate from a Public Weigher.
• The weight shown on a weight certificate is acceptable as the registration weight of the
vehicle. Do not add any weight to the figure shown on the weight certificate, but round
it off to the next highest one hundred (100) lbs.
Manufacturer’s Certificate of Origin (MCO)
Motor Vehicle Title Manual 10-4 TxDMV April 2015
• If the weight of a vehicle is in question and the evidence of ownership for the vehicle
is a manufacturer’s certificate, do not lower the weight below the weight indicated
without a corrected Manufacturer’s Certificate of Origin (MCO). The shipping weight
shown on the manufacturer’s certificate is not the governing factor in registering
commercial motor vehicles.
Commercial Vehicle
Commercial license fees are figured by the gross weight of the vehicle, if truck plates are
being issued or by the combined gross weight of the truck or truck-tractor and
semitrailer(s), if combination license plates are being issued. (Refer to the TxDMV Motor
Vehicle Registration Manual.) To calculate the registration weight of a commercial
motor vehicle, it is necessary to determine the vehicle’s empty weight. The empty weight
of a commercial vehicle (truck or truck-tractor) is the weight of the vehicle fully equipped
with body, bed, and any other permanently attached equipment. Round up the weight to
the next highest one hundred (100) lbs. and record it on the application for Texas title.
All commercial vehicles (truck or truck-tractors rated in excess of 10,000 lbs.) either
manufactured in the U.S. or in a foreign country must carry a registration receipt that
includes the vehicle weights (empty, carrying capacity, and gross weight).
Weight Certificate
VTR requires a weight certificate to support a title transaction under the following
conditions:
• A weight certificate is required on all new commercial motor vehicles evidenced
by a MCO when the carrying capacity is rated in excess of 10,000 lbs. by the
manufacturer. If the gross vehicle weight is 10,000 lbs. or less, the shipping weight
shown on the MCO is acceptable as the empty weight without a weight certificate.
• A weight certificate is required when the shipping weight is not shown on the
MCO or the weight shown is for cab and chassis only.
• A weight certificate is required when it appears that extra equipment was added to
a commercial motor vehicle after it left the manufacturer (for example, vehicles
owned by telephone companies).
• A weight certificate is required on all commercial motor vehicles last registered
out of state, except commercial motor vehicles having a gross vehicle weight of
10,000 lbs. or less. Determine the empty weight of a 10,000 lbs. or less out of state
truck from the out of state registration receipt, or other vehicle specifications.
Note: There are great variations in the way weights are shown on out of state titles,
use caution when accepting an out of state title as the basis for determining
the empty weight of a vehicle. Some out of state titles show no weight, show
the GVW (gross vehicle weight), unladen or empty weight, and “wt.” In
addition, when using any source to determine the empty weight, understand
that there is a great variation in weights of pickups having the same make
name.
Manufacturer’s Certificate of Origin (MCO)
Motor Vehicle Title Manual 10-5 TxDMV April 2015
• Optional class type vehicles, such as Sport Utility Vehicles, may register with
passenger or truck registration, but must show a carrying capacity of at least 1,000
lbs. unless there is a Manufacturer’s Rated Carrying Capacity.
• A weight certificate is required on all used commercial motor vehicles transferred
from exempt agencies.
• When there is a dispute or question as to the correct empty weight of a vehicle, the
department reserves the right, under Section 502.055, to require a weight
certificate.
Acceptable Weight Certificates
A weight certificate can be acquired from:
• a Texas public weigher or,
• an out of state source if the vehicle was previously titled in another state or
• any License and Weight Inspector of the Texas Department of Public Safety.
The department requires public weighers to provide the following minimum
specifications on the weight certificate:
• the date that the weight was taken;
• the name and address of company;
• the signature of the weigher; and
• the weight is mechanically printed (not hand written).
Acceptable out of state weight certificates should include comparable information. If
the Texas or out of state weight certificate does not meet the above criteria, the county
tax assessor-collector’s office may require the owner to obtain a new weight certificate
that satisfies these requirements.
House Trailers
The gross weight (actual weight including all furnishings and equipment) is used as the
basis for determining registration fees for house trailers. The actual gross weight is
rounded up to the next highest one hundred (100) lbs. For example, a house trailer with an
actual gross weight of 4,445 lbs. registers at 4,500 lbs. Record the weight on the
application for a title and on the registration receipt. If the gross weight does not appear on
the Manufacturer’s Certificate of Origin or if the weight shown on the manufacturer’s
certificate or other basic evidence appears to be incorrect, determine the weight by a
weight certificate. If it is impracticable to request a weight certificate, use the following
procedure to determine the gross weight of a house trailer:
• In instances when the trade name and model appear in the handbook “Official Mobile
Home Market Report” use the weight indicated.
• If there is no listing in the handbook, obtain a signed statement as to the length and
width of the house trailer from the owner. Then determine the gross weight by
multiplying the length (to the nearest foot) by the width (to the nearest foot) to
determine the square footage. Then multiply the result by 20 lbs. per square foot. For
example, a house trailer measures 7 feet by 16 feet, results in 112 square feet. 112
multiplied by 20 lbs. results in a registration weight of 2,240 lbs.
Manufacturer’s Certificate of Origin (MCO)
Motor Vehicle Title Manual 10-6 TxDMV April 2015
Travel Trailers
Travel Trailers are registered according to the gross weight.
New or Out of State Travel Trailers
Show the empty weight or shipping weight as reflected on the evidence of ownership.
Enter a carrying capacity. Calculate the carrying capacity by subtracting the empty weight
from the gross weight (Gross Weight – Empty Weight = Carrying Capacity).
If the gross weight does not appear on the MCO or out of state title, determine it by:
• a weight certificate; or
• using the following formula: Length x Width x 20 lbs. = Gross Weight.
Texas Transfers
Determine the gross weight by a weight certificate or use the following formula: Length x
Width x 20 lbs. = Gross Weight. If the resulting gross weight amount:
• Is greater than the weight shown on the Texas title as the empty weight, then enter the
difference of the two as the carrying capacity (Gross Weight – Empty Weight =
Carrying Capacity).
• Is less than or equal to the weight shown on the Texas title as the empty weight, then
the county tax assessor-collector’s office enters100 (minimum increment) pounds as
the carrying capacity and disregard the calculated gross weight.
Motorcycles, Mopeds, Motor Scooters
These vehicles are registered according to an annual fee, which is not based on weight.
Therefore, no vehicle shipping weight is required on either the MCO or on the application
for Texas title.
Buses
A weight certificate is required on all new and out of state motor buses, city buses,
privately owned buses, and all used buses transferred from an exempt agency. The owner
must record the empty weight of a bus on the application for a title. The manufacturer
must show the seating capacity (number of passengers) of a motor bus on the
manufacturer’s certificate and the operator must include this capacity on the application in
the space for gross vehicle weight.
Note: If the transaction is accompanied by a second-stage Manufacturer’s
Certificate of Origin (MCO) from the firm making the conversion, VTR may
waive the requirement of the photograph and weight certificate. However, if
the weight certificate is waived, the weight of the completed vehicle must
appear on the second-stage MCO; and the weight must be greater than the
weight shown on the first-stage MCO.
Gross Vehicle Weight Rating (GVWR)
The chart below may be used as a guide for a minimum carrying capacity for trucks, based
on the empty weight, if the owner or applicant cannot provide the vehicle’s carrying
capacity.
Manufacturer’s Certificate of Origin (MCO)
Motor Vehicle Title Manual 10-7 TxDMV April 2015
Table 10-1 Minimum Carrying Capacity for Trucks
A vehicle accompanied by a Manufacturer’s Certificate of Origin (MCO) may be titled
using the “Gross Vehicle Weight Rating” (GVWR), as shown on the MCO. The empty
weight, or shipping weight, may be subtracted from the GVWR to obtain the carrying
capacity. The gross weight of a vehicle should not exceed the GVWR on a MCO.
Signature of the Manufacturer’s Agent
A signature is required on the front of the MCO. An authorized distributor may
countersign the MCO. Cases where distributors countersign for the manufacturer are
usually found on MCOs describing foreign made vehicles.
Back of Manufacturer’s Certificate of Origin
The following is general information applying to the back of any MCO:
• If the dealer or individual to whom a MCO is issued to requests have the vehicle titled
in their name, no further assignment is necessary.
• The name of purchaser should appear legibly on all assignments.
• VTR requires the Texas dealer license number on all assignments and reassignments
of MCOs except, on assignments completed out of state and under the conditions in
Transportation Code, Chapter 503. The selling dealer’s name shown on the
assignment must agree with the dealer’s name as it appears on the dealer license
receipt.
• Franchised dealers not franchised to sell that make of vehicle may not reassign a
MCO.
• If a MCO is assigned by a franchised dealer to a non-franchised dealer (licensed to sell
only used vehicles), the franchised dealer is required to complete and file all
documents necessary to apply for a title and registration in the name of the
non-franchised dealer, as this is considered to be a “retail sale”.
A non-franchised dealer may not title a new vehicle for “resale purposes only”.
In order to prevent any inconvenience to a legitimate retail consumer who presents a
MCO assigned to them by a non-franchised dealer, the county tax assessor-collector’s
office should accept and process the transaction. Forward a copy of the transaction,
including the front and back of the MCO to the Enforcement Division for action.
• The name of the seller on the first assignment on the back of a MCO must be the same
as the purchaser’s name on the face.
Empty Weight or
Shipping Weight
Minimum
Carrying Capacity
6,000 lbs. or less 1,000 lbs.
6,001 – 7,500 lbs. 1,500 lbs.
7,501 – 10,000 lbs. 2,000 lbs.
10,001 – 14,000 lbs. 3,000 lbs.
14,001 – 16,000 lbs. 4,000 lbs.
16,001 – 19,500 lbs. 5,000 lbs.
19,501 – 26,000 lbs. 6,000 lbs.
26,001 – 33,000 lbs. 7,000 lbs.
Manufacturer’s Certificate of Origin (MCO)
Motor Vehicle Title Manual 10-8 TxDMV April 2015
• The lien information shown on the back of the Manufacturer’s Certificate of Origin
(MCO) does not need to be completed. However, a release is required if the same
lienholder does not carry forward on the application.
• An odometer disclosure statement is required when a new vehicle is transferred to the
first retail purchaser. The odometer disclosure provided for this first retail transaction
must comply with the Truth in Mileage Act requirements. The buyer should
acknowledge the odometer disclosure. The disclosure may be provided by completing
a conforming odometer disclosure statement on the Manufacturer’s Statement of
Origin (if applicable) or on a separate odometer disclosure statement. This applies
regardless of whether or not the MCO contains an odometer disclosure statement.
• The assignment must show the:
• Firm name and signature of agent or owner.
• Date of Sale.
• Dealer License Number.
• Only franchised dealers may use additional assignments to transfer ownership of a
new vehicle, by the use of the Dealer’s Reassignment of Title for a Motor Vehicle,
Form VTR-41-A. Dealers may only use this form after all available assignment
spaces on the MCO have been used. (Transportation Code §501.002)
• When all assignments have been used on the original Manufacturer’s Certificate of
Origin, dealers may submit a “supplemental” Manufacturer’s Certificate of Origin in
lieu of the Form VTR-41-A.
Rejected Transactions
If the department rejects a transaction for a corrected MCO, a corrected MCO must be
obtained before resubmitting.
Transactions Over Two Years Old
In instances when a retail purchaser desires a title in their name and the date of assignment
to the purchaser on the MCO is over two years old, the purchaser must provide a statement
of fact with the transaction explaining where the vehicle has been and that it has not been
registered or titled in any state.
Under the terms of the Certificate of Title Act, a vehicle remains a “NEW” motor vehicle
until titled.
Oil Company Vehicles
Note: This section applies only to oil company vehicles purchased prior to 9/1/1999.
Owners of vehicles purchased after that date must apply for title under
Transportation Code Section 501.0275, Title Only and pay sales tax and title
fees. If the original MCO is lost for these vehicles, a bonded title, court
order, or tax hearing is required to issue a title.
Unregistered and untitled vehicles owned by oil companies (these vehicles are usually
operated exclusively on oil company property) are considered to be “NEW” vehicles
regardless of age and may transfer in one of the following ways:
Bill of Sale
Motor Vehicle Title Manual 10-9 TxDMV April 2015
• Sellers should complete the first available assignment on the MCO in favor of the
purchaser, and the word “none” should be recorded in the space for the “Dealer
License Number.” A statement of fact completed by the seller should accompany the
MCO stating that the vehicle has never been operated upon any public street or
highway.
• In the event the vehicle is over two years old and the Manufacturer’s Certificate of
Origin (MCO) is not available, the seller must complete a statement of fact as
described in Transactions Over Two Years Old. They must incorporate an assignment,
such as that shown on the back of a MCO, in this statement of fact.
• If the vehicle is transferred to a non-franchised Texas dealer, further transfers may not
be made by assignment of a MCO. The non-franchised dealer must apply for title and
registration in the dealership name prior to re-selling the vehicle.
Note: The procedure outlined in Transactions Over Two Years Old applies to
vehicles that were never subject to title and registration because they were
purchased for use on private property and used exclusively off highway. The
exception from title and registration does not apply to vehicles that were
purchased for resale by someone other than a licensed dealer.
10.3 Bill of Sale
Bills of sale are acceptable in the following situations:
• with out of state or out of country registration receipts that do not provide transfer of
ownership sections, provided the issuing state does not issue certificates of title as the
negotiable evidence of ownership for that year model vehicle, or the issuing country
only issues registration receipts, and the out of state or out of country receipt reflects
registration that is current or that has been expired for six months or less;
• when accompanying an out of state title on which all dealer reassignment sections
have been completed if the issuing state does not utilize supplemental dealer
reassignment forms regardless of the type of vehicle
• with operation of law transfers;
• with component parts utilized to rebuild, reconstruct, or assemble motor vehicles; and
• with non-titled Texas vehicles.
When a Texas resident has purchased a vehicle with an out of state title that indicates an
assignment to someone other than the Texas purchaser or a licensed motor vehicle dealer,
the options for the “first Texas owner” to obtain a title are to pursue a Tax Collector’s
Hearing, a bonded title, or a court order. Additionally, the same options apply when a
Texas titled vehicle is sold to an out of country dealer or resident and then resold to a
Texas resident on the existing Texas title.
The purchaser, as shown on a Sheriff’s, Constable’s, or U. S. Marshal’s, Mechanic’s Lien,
or Storage Lien bill of sale, or an Auction Sales Receipt for an abandoned vehicle, must
title in their name; however, if the purchaser is a Texas dealer, the Texas dealer may
assign the title or use Form VTR-41-A.
Form 97, US Government Certificate to Title a Vehicle
Motor Vehicle Title Manual 10-10 TxDMV April 2015
10.4 Form 97, US Government Certificate to Title a Vehicle
The federal government, on July 1, 1948, required all federal agencies when disposing of
motor vehicles owned by the federal government to complete the United States
Government, Certificate to Title a Vehicle, Form 97, which is a “certificate of release” for
a motor vehicle.
Government bills of sale (certificates of release), rules, and regulations are promulgated
by the federal government and this department.
Texas Dealer Purchaser
If a Texas licensed dealer is named as the purchaser on Form 97, they may assign the
vehicle to a subsequent purchaser using a Dealer’s Reassignment of Title for a Motor
Vehicle, Form VTR-41-A. An individual (not a dealer) must secure a Texas title in his or
her name before transferring ownership.
Texas Title with Liens
When Form 97 is completed by an agency of the federal government and a record of
Texas title recording a lien is found, neither a release of lien nor the certificate of title is
required to support the application. With reference to registration, disregard any prior
Texas registration and issue new registration as in the case of an out of state vehicle.
Missing Information
In the event the odometer statement or the description of a motor vehicle as described on
Form 97 is missing, altered, illegible, or incorrect, the applicant must complete a new
form. If the applicant is unable to obtain a corrected Form 97, they must pursue a Tax
Assessor-Collector hearing, bond, or court order.
Donated Vehicles
The Texas Facilities Commission’s Federal Surplus Property Program, disburses donated
vehicles from the federal government to certain exempt agencies. A United States
Government Certificate to Title a Vehicle, Form 97, assigning ownership to the Texas
Facilities Commission should support these transfers. The Commission then transfers
ownership to the receiving exempt agency on their “Affidavit Regarding Title to a Motor
Vehicle.”
Note: When a US Government title Form 97 showing a “salvage”, “flood damaged”,
“Totaled”, or “Not for Highway Use” brand is surrendered to apply for a
negotiable title, the county tax assessor-collector’s office should also add the
appropriate remark.
Importer’s Certificate
Motor Vehicle Title Manual 10-11 TxDMV April 2015
10.5 Importer’s Certificate
The volume of out of state vehicles being brought into this State by residents,
nonresidents, new residents, members of the Armed Forces, auto auction companies, and
dealers has grown to the extent that it is almost impossible for the county tax
assessor-collector’s office to determine whether the vehicle was brought into this State for
the purpose of sale as provided by this Section. For this reason, VTR does not reject an
application for a Texas title supported by proper evidence of ownership for lack of an
importer’s certificate.
Motor Vehicle Title Manual 11-1 TxDMV April 2015
Chapter 11
SIGNATURE – AUTHORITY TO SIGN
This chapter contains the following sections:
• 11.1 Names
• 11.2 Signature Formats
• 11.3 Powers of Attorney
• 11.4 Secure Power of Attorney
• 11.5 Limited Power of Attorney
• 11.6 Issuance of New Certificate of Title Because of Subsequent Sales
• 11.7 Title and Dealer Assignments
• 11.8 Notarized Documents and Forms
• 11.9 One Document for Multiple Transactions
• 11.10 Acknowledgment
11.1 Names
Transportation Code Section 501.155
(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:
(1) an application for a title;
(2) an application for a certified copy of an original title;
(3) an assignment of title for a motor vehicle;
(4) a discharge of a lien on a title for a motor vehicle; or
(5) any other document required by the department or necessary to the transfer of
ownership of a motor vehicle.
(b) An offense under this section is a felony of the third degree.
An authorized agent’s right to complete and sign any application or transfer any certificate
of title is not questioned if it is clear that the agent is countersigning for a firm,
association, or corporation.
Legal Name and Signature Consistency
The owner’s legal name and signature, as shown on the face of the application, should
agree with each other and with the purchaser’s name on the supporting evidence. The
application must be made in the legal name as shown on the identification. If any part of
the name needs to be shortened due to character limitations, shorten the middle name by
truncation.
For example, the legal name John Tom Doe may appear on the identification however the
name on the transfer assignment or the signature may appear as John T. Doe, J. T. Doe,
John Doe, or J. Doe.
Signature Formats
Motor Vehicle Title Manual 11-2 TxDMV April 2015
Note: The surname must agree in all cases. There must not be a discrepancy.
If there are any doubts as to the identity of the signor, request a statement of fact from the
person in question to clarify that they are one and the same person. Examples include
when there is a name change due to marriage or divorce, or where a title reflects the name
of John Doe and the signature reflects John Doe, Sr.
Joint ownership
Joint ownership (two or more owners) must appear on an application as the legal name of
both owners as it appears on their identification and each should sign their own names on
the application. Customers may not use the words “or” and “and/or” either on the
assignment or on the face of the application to denote joint, dual, or co ownership.
Note: Customers may not use the word “and” to connect the signatures of joint
owners, as each owner must individually sign the application.
Rights of Survivorship
If one or more persons submit both an application for Texas title and a jointly signed
“Rights of Survivorship” agreement, the department places the words RIGHTS OF
SURVIVORSHIP on the certificate of title. Upon the death of one or more of the persons
named in the agreement, the department issues a new certificate to the surviving person(s)
or the surviving persons’ transferee upon receipt of a completed application for Texas title
and a copy of the deceased person(s)’ death certificate.
Note: It is recommended that the Legal Name as it appears on the Survivor’s
identification is used, however the ID of the Survivor is not required at the
time their name is placed on the title record and the name is not required to
match the ID.
A number of factors affect how persons may enter into a Rights of Survivorship
agreement and how VTR may issue certificates of title to the survivor(s). Refer to
Chapter 17, “Rights of Survivorship” for a more detailed discussion.
11.2 Signature Formats
1. Assignments and applications in the name of John Doe, et al (meaning “and others”) is
considered to be a company name and does not require authority for the agent to sign.
2. The name of the owner does not have to appear over the agent’s signature in the
signature space on an application for Texas title. A company name shown in the
signature space must agree with the name of the owner. If the agent signing requires
authority (as in the case of a power of attorney), the notation Power of Attorney, POA,
or P/A must be shown adjacent to their signature; and proper authority to support their
signature must be attached to the transaction.
Example 1:
Name of Owner: XYZ Company
Signature of Owner or Agent: John Smith
Signature Formats
Motor Vehicle Title Manual 11-3 TxDMV April 2015
Example 2:
Name of Owner: XYZ Company
Signature of Owner or Agent: XYZ Company by John Doe (POA)
Joint Owners/Power of Attorney/Miscellaneous
3. If joint owners of a vehicle give authority to another individual to apply for title in
their names, they must attach a power of attorney signed by all the owners.
4. In the case of joint owners, one of the joint owners may give the other joint owner(s)
power of attorney to sign for him/her. They must attach the power of attorney, and the
following is an example of how the names of owners and the signature of the attorney
should appear:
Example:
Name of Owners: Tom Smith – Jack Brown
Signature of Owner or Agent: Tom Smith
Jack Brown by Tom Smith (POA)
5. An individual may give a company a form of power of attorney in which no specific
agent is named to act for the company. They should attach the power of attorney to the
transaction. The company’s name should appear in the space for signature of owner;
and the agent’s signature should appear as signing for the company.
Example:
Name of Owner: Tom Smith
Signature of Owner or Agent: Tom Smith by XYZ Company, John Doe (POA)
6. If the title reflects the owner’s name as John Doe and the signature reflects John Doe,
Sr., or John Doe, Jr., a statement of fact may be requested from that person to clarify
that they (John Doe and John Doe, Sr./Jr.) are one and the same person.
Example:
Name of Owner: John Doe
Signature of Owner or Agent: John Doe, Jr.(May request Statement of Fact)
7. A signature of owner should be accepted regardless of the manner in which an owner
signs, prints, or “X’s” their name. The words “His/Her Mark” should appear adjacent
to an “X” when the owner signs in this manner.
Business Entities
8. An individual’s name in partnership with a company or firm may appear on an
application for Texas title. In these cases, the company or firm’s name should be
countersigned by an agent and the individual’s signature should appear. A business
card or authorization written on the letterhead of an entity named as power of attorney
that matches the identification of the employee; and identification of the owner or
lienholder is required.
Example:
Signature Formats
Motor Vehicle Title Manual 11-4 TxDMV April 2015
Name of Owner: Joe Doe and Union Oil Company
Signature of Owner or Agent: Joe Doe – Union Oil Co. by John Smith
If applicants desire the vehicle titled in the names of an individual and a business, the
individual may sign once as the individual owner and again as the business owner. No
authority is required for the individual owner to sign on behalf of the business.
Example:
Name of Owner: Joe Doe and Union Oil Company
Signature of Owner or Agent: Joe Doe – Joe Doe for Union Oil Co.
9. In the event two companies are shown as joint owners on the application for Texas
title, a different agent must sign for each company, unless authorization is attached for
the agent of one company to sign for the other.
Example:
Name of Owner: American Oil Co. and Union Oil Co.
Signature of Owner or Agent: American Oil Co. John Doe-Union Oil Co.
Pete Smith
10. If the purchaser of a vehicle appears on the assignment as Joe Doaks d.b.a. Doaks
Motor Company, the name of owner on the application for Texas title may appear
either as “Joe Doaks d.b.a. Doaks Motor Company” or as “Doaks Motor Company”.
No authority is required for an agent to sign for a firm or company.
11. Evidence of authority need not be attached for an owner or agent signing as, or for, a
“Trustee,” provided the owner or agent does not sign as, or for, trustee of a trust,
trustee of an estate, trustee in bankruptcy, or trustee for a minor.
12. No person may sign for the estate of a deceased person without attaching evidence of
legal authority, such as Letters of Administration, Letters Testamentary, Probate
Proceedings (also muniment of title), or Affidavit of Heirship. (Refer to Chapter 16,
“Operation of Law”)
13. If a company, firm, or corporation is doing business in the name of an estate, evidence
of authority is not required for an agent to sign provided they sign as an agent or
manager of the estate.
Example:
Name of Owner: John Doe Estate
Signature of Owner or Agent: Jack Brown, Manager(Manager)
14. When the name of owner is a firm’s name, an agent must sign for the firm in the space
provided for “Signature of Owner or Agent” on the application.
15. “Inc.” should not be changed to “Co.” or “Co.” to “Inc.” Neither should an application
for corrected title be used to make corrections of this nature, unless there is an affidavit
attached from the previous owner verifying the correct name. Otherwise, the title has
to be assigned from “Co.” to “Inc.” or “Inc.” to “Co.”
Signature Formats
Motor Vehicle Title Manual 11-5 TxDMV April 2015
16. When an application for Texas title is supported by a Texas title reflecting that
authority has been given to an individual to act in the name of the owner, no further
evidence of authority need be attached.
17. In the event an assignment shows an individual’s name and a firm’s name as “TOM
JONES for XYZ COMPANY,” only the name of the company should appear on the
application in the space for “Name of Owner.” If the individual’s name and the firm’s
name are worded on the assignment as “TOM JONES OF XYZ COMPANY,” Tom
Jones should appear in the space on the application for “Name of Owner.”
18. When an agent signs for an owner, no evidence of authority needs to be attached if the
application is supported by an application for Registration Purposes Only, Form
VTR-272.
19. Evidence of authority is not required when a person or agent signs for a Texas licensed
dealer when the dealer’s name appears as an individual followed by their current dealer
license number.
Example: John Doe, P8523
Miscellaneous
20. No authority is required for a father or mother to sign for a minor child if no
inheritance is involved. (If inheritance is involved, refer to Chapter 16, “Operation of
Law”.)
Example:
Name of Owner: John Doe (Minor)
Signature of Owner or Agent: Jack Doe (Parent)
21. Electronic, digital or signature stamps are not acceptable.
22. If an owner loses the ability to sign documents a legal guardian must be appointed.
Application for Title Signed by a Trustee and Authority Required
Refer to Table 11-1 for signature information when dealing with all forms (living, estate,
family, etc.) of trusts.
Table 11-1 Application for Title Signed By A Trustee And Authority Required
Name Of Owner On Face Of Title
Signature For Owner On
Assignment of Title Authority Required
John Doe John Doe, Trustee None
Robert Brown Mary Smith, Trustee None
ABC Company John Doe, Trustee None
John Doe Trust Estate (Agreement) Mary Smith, Trustee 1Statement of Fact or
Affidavit of Trust
John Doe Trust Estate Kay Lane, Trustee by Jane Smith, POA 2Statement of Fact or
Affidavit of Trust and POA
John Doe Estate Susan James, Executor Letters Testamentary
John Doe Lillian Avery, Trustee
Bankruptcy Court Order
Appointing Trustee
John Doe, Trustee for Joe Black
(minor) John Doe, Trustee
Statement of Fact or
Affidavit of Trust
Joe Black (minor) John Doe, Guardian Letters Guardianship
Powers of Attorney
Motor Vehicle Title Manual 11-6 TxDMV April 2015
23. A leased vehicle should always be titled in the name of the lessor (person or firm who
actually owns the vehicle). The legal name of the lessor should appear in field 16a
(Applicant/Owner Legal Name) or 16b (Entity Name), as applicable, and the address
should appear in field 19. This enables a leasing company to receive the negotiable
title. The name and address of the lessee (person or firm to whom the vehicle is leased)
may appear on the Application for Texas Title, Form 130-U, in field 21 (Renewal
Recipient Name), which allows the lessee to receive the renewal notices.
Applications should be completed as in the following example:
In order to identify this type of transaction as a leasing agreement, the word “Lessor”
in parentheses follows the owner’s name as indicated above. An application for Texas
title is not acceptable if the name of the owner and lienholder is the same.
11.3 Powers of Attorney
Legal authority for one person to sign for another.
Power of Attorney
A power of attorney (POA) is defined as the written authority for one person to act for
another. Refer to Acknowledgment in this chapter for a list of persons eligible to take
acknowledgments and for the manner in which the signature of the attorney-in-fact should
appear on the application.
John and Mary Doe Living or Family
Trust
John Doe, Mary Doe Statement of Fact or
Affidavit of Trust
1. When a legal trust is established, a trustee or trustees are appointed to conduct the business associated with the trust including the
titling or transfer of motor vehicles. A Statement of Fact or an Affidavit of Trust is acceptable for signature authority. When signed by
the trustee, a Statement of Fact is acceptable in lieu of an actual copy of the Trust Agreement. The statement of fact must state the
name of the person or persons who appointed the trustee and state whether or not the agreement is on file with the county clerk. If on
file, the number under which it is recorded must appear.
2. If the trustee has appointed a Power of Attorney (POA) and the POA completes documentation on behalf of the trustee, an original or
certified copy (notarized) of the POA must accompany the title transaction in addition to one of the above referenced options that
identifies the trustee.
Name Of Owner On Face Of Title
Signature For Owner On
Assignment of Title Authority Required
Powers of Attorney
Motor Vehicle Title Manual 11-7 TxDMV April 2015
The Power of Attorney to Transfer Motor Vehicle, Form VTR-271, is the department’s
motor vehicle form. The grantor of a power of attorney must state in the document the
name of the attorney-in-fact. (For example: The word “Bearer” should not appear in lieu
of the name of the attorney-in-fact.) Customers must attach the original or a certified copy
of a power of attorney to a title transaction as evidence of the appointment of an
attorney-in-fact.
The power of attorney cannot be granted to the selling or buying dealer, an employee of
the dealer, or relative of the dealer, unless the vehicle is exempt from the odometer
disclosure law (See Vehicles Exempt from Disclosure in Chapter 15). The Form
VTR-271 may be used in a dealer sale if a disinterested third party is appointed. A
disinterested third party is defined as an individual with no relationship to the dealer or
dealership.
When a power of attorney has been granted, the attorney-in-fact cannot appoint another
agent or attorney-in-fact unless the original grantor has given the attorney-in-fact the
“power of substitution” and it is stated in the original power of attorney.
A general or limited POA assuming it includes language such as “transfer” and “vehicle”
can be used for title assignments. However, if the form or document requires the named
person to swear to or certify it, then a POA can not be used. Another individual can’t swear
for or certify a document or form for the named individual. For example, a POA could not
be used for an heirship affidavit to claim as heir. However, once the heir has signed the
affidavit, the heir could give another individual POA to transfer the vehicle.
Returning a Power-of-Attorney
If an individual desires the return of a power of attorney or other evidence of lawful
authority, the county tax assessor-collector’s office may return the original document to
the applicant and submit a copy of the document with the title transaction provided the
copy is verified as to its authenticity. A county tax assessor-collector’s office should never
include the original document in the title transaction as original documents cannot be
returned if the applicant wants the original document returned to them. The department
records and destroys the document along with the other supporting evidence.
General Power of Attorney
A general power of attorney is the written authority for one person to act in all business
and legal capacities for another person. The description of the motor vehicle does not need
to appear in this type of power of attorney because the power given to the attorney-in-fact
is general. A general power of attorney may be limited only by a statement that the
document becomes null and void on a certain date. In these instances, when the power of
attorney is limited by date and the attorney-in fact is to complete the final application, that
particular authority does not appear on the certificate of title.
Note: A general power of attorney given to an individual to act on behalf of another
individual or entity may be an original or a photocopy.
Powers of Attorney
Motor Vehicle Title Manual 11-8 TxDMV April 2015
Durable Power of Attorney
A durable power of attorney is the written authority for one person to act in all business
and legal capacities for another person as stated in General Power of Attorney. A durable
power of attorney continues to exist if the principle becomes incapacitated, is not mentally
competent or not physically able to make decisions, unless specifically limited.
Limited Power of Attorney
A limited power of attorney is the written authority for one person to act in a specific
instance or for a particular purpose for another person. This type of power of attorney is
usually limited by a statement specifying what act(s) the attorney-in-fact may perform.
The limitation may confine the attorney-in-fact to the purchase, the sale, or the registration
of a particular motor vehicle; and it may be limited further by a date or a statement.
Note: A limited power of attorney must contain a description of the vehicle
(including the vehicle identification number). The Power of Attorney to
Transfer a Motor Vehicle, Form VTR-271 is a limited power of attorney
designed to include an odometer statement from an owner who uses the form
to appoint an attorney-in-fact. When the Form VTR-271 is properly
completed, a separate odometer form is not required from the owner.
Death of a Grantor
Upon the death of the grantor (person completing the form), the non durable power of
attorney becomes invalid and the vehicle belongs to the estate. The disposal and transfer
of the vehicle is processed through the usual probate and heirship procedures. A durable
power of attorney is effective until it is revoked by the grantor, or until the grantor’s death.
Note: If the grantor of the power of attorney is deceased and the title assignment
was signed prior to the date of death, the title transaction is acceptable for
processing. However, if the title assignment was signed after the date of death,
the title transaction is unacceptable. The appropriate probate and heirship
procedures must then determine transfer of ownership.
Executor or Administrator
If it is necessary for an executor or administrator to grant a power of attorney, it must be
limited to the specific act and to the specific individual(s) or firm(s) involved. These
limitations mean that the grantor of this power of attorney must specify who serves as
attorney-in-fact to sell or buy a specific vehicle and the amount of money to be exchanged.
An executor or administrator cannot grant a general power of attorney because they were
appointed by the court (or by the testator) to personally transact the business of the estate.
If there is no administration, any one or all of the heirs may grant a power of attorney to
another person if the necessary information shown in the affidavit of heirship (no will left,
no heirs with prior rights, etc.) is stated in the power of attorney.
Secure Power of Attorney
Motor Vehicle Title Manual 11-9 TxDMV April 2015
Two or More Motor Vehicles
In the event an individual gives another person power of attorney to register two or more
motor vehicles, a single power of attorney is acceptable if all the transactions are kept
together with the power of attorney when sent to the department.
Firms, Associations, or Corporations
A power of attorney may be given to a firm, association, or a corporation; and the agent
acting for the organization should clearly indicate by their signature that they are signing
for the firm, association, or corporation.
Two or More Persons as Attorneys
A person may appoint two or more persons as attorneys-in-fact, or a person may appoint a
firm and/or an individual as dual attorneys-in-fact. In these cases, the wording of the
power of attorney always determines who must sign for the grantor.
Examples:
John Doe or Charles Smith (Dual Attorneys-in-Fact) either may sign.
John Doe and Charles Smith (Dual Attorneys-in-Fact) each must sign.
Signatures
When an attorney in fact, executor, administrator, etc. completes the assignment of title,
the signature should clearly indicate for whom they are signing; and their authority should
be indicated in the assignment and/or attached to the transaction.
Examples:
JOHN SMITH by William B. Long, POA
JOHN SMITH by Robert J. Brown, Executor
11.4 Secure Power of Attorney
Only licensed motor vehicle dealers, salvage yards and insurance companies may use the
secure power of attorney Power of Attorney for Transfer of Ownership to a Motor Vehicle,
Form VTR-271-A.
Power of Attorney to Transfer Ownership and to Disclose Mileage
This form is used when the transferring title is a Texas Certificate of Title physically held
by a lienholder or the title has been lost. However, customers may use a a non-secure
power of attorney Power of Attorney to Transfer Motor Vehicle, Form VTR-271 if the
vehicle is exempt from odometer disclosure requirements due to the year model or the
transfer document is non-conforming. (See Chapter 15, “Odometers”)
When a dealer or insurance company buys a motor vehicle from an owner who does not
have the title for either of these reasons and does not wish to return to the purchaser to
complete the odometer disclosure statement and title assignment, they should complete
this form as follows:
Limited Power of Attorney
Motor Vehicle Title Manual 11-10 TxDMV April 2015
1. Both the seller and the buyer must complete and sign part A. Both the original and the
duplicate power of attorney should contain original signatures.
2. Upon receiving the title, the dealer may complete the assignment and odometer
disclosure on the title. A dealer must file application for Texas title in a buyer’s name
supported by this power of attorney.
Power of Attorney to Review Title Documents and Acknowledge
Disclosure
If the dealer retails the motor vehicle before receiving the certificate of title, the purchaser
may grant power of attorney to the dealer to complete the purchaser’s acknowledgment of
the odometer disclosure.
In this instance, the retail purchaser and the dealer must complete Part B of the power of
attorney.
Certification
The dealer, upon receiving the certificate of title, should complete Part C.
Note: When both Parts A and B have been completed, the dealer must complete
Part C.
Unless the sale involves an out of state purchaser or another dealer, the dealer must then
file the application for Texas title, the secure power of attorney, and any other required
documents and fees with the county tax assessor-collector’s office where the vehicle was
bought, is encumbered, or the purchaser (owner) resides, as directed by the purchaser on
the form County of Title Issuance, Form VTR-136.
11.5 Limited Power of Attorney
Transportation Code Section 501.076
(a) An owner who has a contractual option to transfer ownership of a vehicle in
full or partial satisfaction of the balance owed on the vehicle, as provided in
Section 348.123(b) (5), Finance Code, may execute a written limited power of
attorney that authorizes an agent to complete and sign for the owner, and
provide to the transferee, the form to transfer the title under Section 501.071
and the odometer disclosure under Section 501.072, and the other documents
necessary to transfer title.
(b) The owner may execute the limited power of attorney at the time the owner enters
the contract giving the owner the option to transfer the vehicle or at any time after
that date. The limited power of attorney may only be used if an owner elects to
transfer the vehicle in full or partial satisfaction of the contract and may not be
used by the holder of the contract as part of the holder’s exercise of a remedy for a
default by the owner under the contract.
(c) The person named as the agent in the limited power of attorney must meet the
following requirements:
Limited Power of Attorney
Motor Vehicle Title Manual 11-11 TxDMV April 2015
(1) the person may be a person who has been deputized to perform vehicle
registration functions as authorized by rules adopted under Section 502.0071,
a licensed vehicle auction company holding a wholesale general
distinguishing number under Section 503.022, a person who has a permit
similar to one of the foregoing that is issued by the state in which the owner is
located, or another person authorized by law to execute title documents in the
state in which the owner executes the documents; and
(2) the person may not be the transferee or an employee of the transferee. The
person may not act as the agent of both the transferor and transferee in the
transaction. For the purposes of this section, a person is not the agent of both
the transferor and transferee in a transaction unless the person has the
authority to sign the documents pertaining to the transfer of title on behalf of
both the transferor and the transferee.
(d) If a limited power of attorney is used under Subsection (a), the holder of the
contract shall accompany the power of attorney with a written statement that the
vehicle was returned at the election of the owner in full or partial satisfaction of
the owner’s obligations under the contract and not as the result of the exercise by
the holder of the contract of its remedies for default.
(e) A signed and dated written odometer disclosure containing the information
described in this subsection may be included on or with the power of attorney if the
power of attorney is executed within 120 days before the date of the transfer and is
accompanied by the conspicuous written notification described in this subsection.
If an odometer disclosure is not obtained in that manner, the transferee or agent or
the person to whom the vehicle is delivered at the time of the transfer shall request
an odometer disclosure as provided in this subsection. Not more than 120 days
before the transfer of the vehicle by the owner, the transferee or agent under the
power of attorney or person receiving delivery of the vehicle shall in writing
request the owner to provide a signed and dated written statement stating the
odometer reading (not to include tenths of a mile) as of the date of the statement,
and further stating words to the effect that either: (i) to the best of the owner’s
knowledge, the odometer reading reflects the actual mileage of the vehicle; (ii) the
actual mileage has gone over the odometer’s mechanical limits and the odometer
reading reflects the amount of mileage in excess of the mechanical limits of the
odometer, if the owner knows that to be the case; or (iii) the odometer reading is
not the actual mileage, if the owner knows that to be the case. The statement may
consist of a form in which the agent or transferee or person receiving the vehicle
includes the identification of the vehicle and owner and which allows the owner to
fill in the odometer reading and mark an applicable box to indicate which of
condition (i), (ii), or (iii) is applicable and to date and sign the statement. With the
request for the owner’s statement, the transferee or agent or person receiving the
vehicle shall provide a written notification to the owner to the effect that the owner
has a duty under law to state the odometer reading, state which of conditions (i),
(ii), or (iii) is applicable, and sign, date, and return the statement and that failing
to do so or providing false information may result in fines or imprisonment. Unless
the written notification is delivered to the owner at substantially the same time that
Limited Power of Attorney
Motor Vehicle Title Manual 11-12 TxDMV April 2015
the owner is delivering the signed and dated owner’s statement, the written
notification must also state a date by which the owner must provide this
information and an address to which it may be delivered. This written notification
to the owner must be in bold letters, underlined, or otherwise conspicuous and
may be in a separate document or included as part of a form to be used for the
owner’s statement or in another document relating to the potential transfer. The
transferee or agent or the person receiving delivery of the vehicle may mail the
request and notification to the last known address of the owner or may otherwise
send or deliver it to the owner. If there are multiple owners of the same vehicle, the
request and notification may be sent to one or more of them and it shall be
sufficient for one owner to sign the statement. The owner has a duty to return the
signed and dated statement as directed in the notification. In completing the
odometer disclosure on the owner’s behalf, the agent shall identify the same
condition (i), (ii), or (iii) provided in the owner’s statement, unless the agent
knows that the condition identified in the owner’s statement is not correct. The
agent will not indicate in the odometer disclosure it completes on the owner’s
behalf that the odometer reading is not the actual mileage unless either the owner
has so indicated in the owner’s statement or the agent knows that the owner’s
statement is not correct. The agent shall transmit the owner’s statement it receives
to the transferee after the title transfer is completed. The owner’s statement
received by the transferee under this subsection need not be filed with the filing
office for the other title documents, but the transferee shall retain the owner’s
statement for a time period and in a similar manner to the retention methods used
by a lessor to retain statements under 49 C.F.R. Section 580.8(b), as it may from
time to time be amended. The transferee may rely upon the agent’s odometer
disclosure and the owner’s statement unless it knows that they are not correct. A
failure by an owner to comply with an obligation under this subsection subjects the
owner to the penalties and enforcement provisions of Subchapter H but does not
affect the validity of the transfer of title.
(f) This section does not in any way impair or impede any transfers made through use
of a power of attorney prior to the effective date of this section, and such transfers
shall continue to be valid if they comply with the provisions of this section or
would otherwise comply with the law in effect prior to the effective date of this
section. This section does not apply to powers of attorney authorized under federal
law or regulation that authorize a transferee to act as the agent of the transferor
under certain circumstances or to powers of attorney otherwise authorized by the
law of this state. This section does not affect the use of powers of attorney to sign,
complete, and deliver the form to transfer title and other documents necessary to
transfer title, including the odometer disclosure, in title transfers other than those
described in Subsection (a).
(g) The power of attorney created in this section shall be limited for the purposes and
duration specified in this section.
Limited Power of Attorney
Motor Vehicle Title Manual 11-13 TxDMV April 2015
“Balloon-note Due” Contracts
The specific use of these powers of attorney (POAs) is for the sale of vehicles purchased
with “balloon-note due” contracts.
Specifics of the Limited POA
Owners may sign the POA on the date that the owners sign the “balloon-note due”
contract or at any time after that;
• Is not required to include an odometer disclosure statement from the owners;
• Limits the person appointed and may not include the transferee or an employee of the
transferee; and
• May include an odometer disclosure statement if signed within 120 days before the
date of the transfer.
Note: A separate odometer disclosure statement may remain with the transferee,
and the POA can disclose the odometer certification provided by the owner.
Acceptance of the limited POA
County tax assessor-collector’s offices should accept title transfers with the limited POA
as an approved form for transfer of ownership.
The holder of the contract must include a statement confirming that the vehicle was
returned at the election of the owners and not as a result of remedies for default.
Uncommon Circumstances
Transportation Code Section 501.076 allows the use of these limited POAs in
circumstances that are somewhat uncommon.
• The limited POA can be dated and signed at the time the “balloon-note due” contract
is signed by the purchaser.
• There is the possibility that the limited POA could be multiple years old at the time of
transfer of ownership.
• Since the department does not prescribe the limited POA, there could be several
versions and all versions would be acceptable.
Use of Limited POAs with E-Titles
States with an ELT program allow for the electronic recording of liens and no title
document is issued until a lien is satisfied. Once the electronic lien is satisfied, a clear
certificate of title is issued which may or may not exhibit the following indicators:
• A prior lien notation
• An ELT designation
• A new title issuance date indicating when the lien was released
• The dealer’s name as either the addressee or the new lienholder.
Issuance of New Certificate of Title Because of Subsequent Sales
Motor Vehicle Title Manual 11-14 TxDMV April 2015
The county tax assessor-collector’s office should check for one of the indicators when
processing transactions involving a title from an ELT state which is supported by a secure
POA. If one of the indicators is noted on the title, the Form VTR-271-A, noting if the title
is physically held by a lienholder or is lost, is acceptable.
11.6 Issuance of New Certificate of Title Because of
Subsequent Sales
If an owner’s name (not a Texas licensed dealer) appears as one of the assignments listed
below, the owner must file an application for Texas title in their own name.
• As the purchaser on the first assignment
• As the purchaser on “reassignment by dealer”
• As the purchaser on the Dealers Reassignment Of Title For A Motor Vehicle, Form
VTR-41-A
11.7 Title and Dealer Assignments
Refer to Chapter 9, Section 9.3 Title Assignments and Chapter 9, Section 9.4 Dealer
Assignments
11.8 Notarized Documents and Forms
Forms not Requiring Notarization
Effective April 1, 1990, the notarization of certain documents relating to a title transfer, is
no longer required. Department forms (unless specifically required), bills of sale, title
assignments (manufacturer’s certificate of origin, Texas title, and out of state evidence),
odometer disclosures, affidavits of fact, and limited powers of attorney (specifically for
transferring ownership of a motor vehicle) do not require notarization.
11.9 One Document for Multiple Transactions
If one document (power of attorney, heirship affidavit, will, etc.) is used to support the
applications of more than one transaction, applicants should staple all affected
transactions together with the document and a note attached stating, “These transactions
must be kept together.” Furthermore, counties should submit all related transactions in a
“SPECIAL HANDLING” envelope with a note stating the transactions should be kept
together. An acknowledged copy of the document should support any additional
transactions. Additionally, the county tax assessor-collector’s office should submit a
certification concerning the number of transactions for which the original document was
submitted.
11.10 Acknowledgment
The following individuals are authorized to take acknowledgments on papers related to
Texas title and registration laws:
• Justice of the Peace and Ex Officio Notary Public – (seal affixed)
• County Clerk- (seal affixed)
Acknowledgment
Motor Vehicle Title Manual 11-15 TxDMV April 2015
• Deputy County Clerk – provided the name of the county clerk is also shown on the
acknowledgment. (seal affixed)
• District Clerk – (seal affixed)
• Deputy District Clerk – provided the name of the district clerk is also shown on the
acknowledgment. (seal affixed)
• Notary Public – (seal affixed – embossed impression or rubber stamped ink
impression) A notary public is authorized by law to take acknowledgment in any
county in this state, regardless of the county in which the notary is appointed. The
name of the notary public should be typed or stamped beneath the notary public’s
signature. Also the acknowledgment should include the date of acknowledgment and
the date the notary’s commission expires.
• County and District Judges – (seal of office affixed)
• Officers of the United States Armed Forces on active duty provided their rank and
branch of service is shown on the acknowledgment. (No seal required)
• Officials of the Diplomatic or Foreign Service of the United States Government may
take acknowledgment within the country to which the official is accredited. The
acknowledgment must show the seal of office, name of office, and the country to
which accredited.
• The county tax assessor-collector and their employees may administer oaths and take
acknowledgments on any document required or authorized to be filed with the office
of the county tax assessor-collector. (When taking acknowledgments on title and
registration forms, the words “Notary Public” should be crossed out and substituted
with county tax assessor-collector or county tax assessor-collector employee; and the
name of the county should be shown.)
• Members of any board or commission created by the laws of this State in matters
pertaining to the duties thereof.
• In instances when an original or a certified copy of a document, such as a will, power
of attorney, chattel mortgage, letters testamentary, etc., is required to support a title
transaction but the applicant does not wish to relinquish the original or certified copy
of the document, the county tax assessor-collector or deputy may, after verifying the
authenticity of the document, allow a copy of the document to be attached to the title
transaction. In these instances, the county tax assessor-collector or deputy should
make a signed statement on the border of the copy that it is a true copy of the original.
Note: Certification, as it relates to supporting documents, is the act of certifying by
a statement on the document, that the document(s) is a “true and correct copy
of the original.”
Motor Vehicle Title Manual 12-1 TxDMV April 2015
Chapter 12
LIENS
This chapter contains the following sections:
• 12.1 Definitions
• 12.2 Perfection of Security Interest
• 12.3 Sale or Security Interest Not Created by Certain Vehicle Leases
• 12.4 Recordation of Security Interest
• 12.5 Lien Information on Application for Title (Form 130-U)
• 12.6 Income Tax Liens
• 12.7 Accessories Liens
• 12.8 Restitution Liens
• 12.9 Landowner’s Lien
• 12.10 Child Support Liens
• 12.11 Transfer of Equity
• 12.12 Release of Liens
• 12.13 Liens Over 10 Years Old
• 12.14 Electronic Lien Title (ELT)
12.1 Definitions
Transportation Code Section 501.002 (12)
(1) “Lien” means:
(A) a lien provided for by the constitution or statute in a motor vehicle; or
(B) a security interest, as defined by Section 1.201, Business & Commerce
Code, in a motor vehicle, other than an absolute title, created by any
written security agreement, as defined by Section 9.102, Business &
Commerce Code, including a lease, conditional sales contract, deed of
trust, chattel mortgage, trust receipt, or reservation of title.
(C) a child support lien under Chapter 157, Family Code.
The disclosure of a lien (security agreement) on an application for a certificate of title filed
with the county tax assessor-collector’s office constitutes the notation or perfection of the
lien as of the date the application is accepted, and a receipt for title application is issued.
12.2 Perfection of Security Interest
Transportation Code Section 501.111
(a) Except as provided by Subsection (b), a person may perfect a security interest
in a motor vehicle that is the subject of a first or subsequent sale only by
recording the security interest on the title as provided by this chapter.
Sale or Security Interest Not Created by Certain Vehicle Leases
Motor Vehicle Title Manual 12-2 TxDMV April 2015
(b) A person may perfect a security interest in a motor vehicle held as inventory by a
person in the business of selling motor vehicles only by complying with Chapter 9,
Business & Commerce Code.
12.3 Sale or Security Interest Not Created by Certain Vehicle
Leases
Transportation Code Section 501.112
Notwithstanding any other law, an agreement for the lease of a motor vehicle does not
create a sale or security interest by merely providing that the rental price is permitted or
required to be adjusted under the agreement as determined by the amount realized on the
sale or other disposition of the vehicle.
A security interest in a motor vehicle, except one covering vehicles in a dealer’s inventory,
may only be perfected by recording the lien on the certificate of title as provided in
Transportation Code Section 501.113. A security interest covering vehicles in a dealer’s
inventory (floor plan lien) may only be perfected by filing a financing statement in the
office of the Secretary of State. In the ordinary course of business, a security interest
agreement is neither enforceable against the buyer of a vehicle, even if the buyer knows of
its existence, nor is it valid against a motor vehicle, which has been the subject of first or
subsequent sale.
The above paragraph provides that a buyer in the ordinary course of business is not liable
for any encumbrances held against the dealer. The department and its designated agents
are not in a position to know all the facts concerning the nature of an encumbrance and,
therefore, can not determine “who is” and “who is not” a buyer in the ordinary course of
business. Any lien, noted or recorded on a Texas title or Manufacturer’s Certificate of
Origin (MCO), must be released or carried forward to an application for a Texas title that
is filed in the name of a third party. If the lien is not released, or noted on the application,
the transaction is unacceptable. Or if title is issued in error, the department revokes the
title and the customer must file a new application to record the lien.
12.4 Recordation of Security Interest
Transportation Code Section 501.113
(a) Recordation of a lien under this chapter is considered to occur when:
(1) the department’s titling system is updated; or
(2) the county assessor-collector accepts the application of title that discloses the
lien with the filing fee.
(b) For purposes of Chapter 9, Business & Commerce Code, the time of recording a
lien under this chapter is considered to be the time of filing the security interest,
and on such recordation, the recorded lienholder and assignees under Section
501.114 obtain priority over the rights of a lien creditor, as defined by Section
9.102, Business & Commerce Code, for so long as the lien is recorded on the title.
Recordation of Security Interest
Motor Vehicle Title Manual 12-3 TxDMV April 2015
Protection for the Lender
A lien noted on a Tax Collector’s Receipt for Texas Title Application/Registration/Motor
Vehicle Tax, Form VTR-500-RTS, or Form VTR-31-RTS constitutes valid protection
for the lender against the motor vehicle of a borrower. The lien must be recorded on the
certificate of title so that possible future purchasers have knowledge of the lien. If a motor
vehicle with a recorded lien is sold, with or without the knowledge or consent of the
lender, the rights of the lender remain as long as the lien is duly recorded. No sale or,
succession of sales, invalidates the lien.
Liens not Noted on Certificates and Titles
The creation of a lien is usually a written document between two parties, and the record of
a lien on the certificate of title serves as notice of its creation. A lien not recorded on the
title is valid between the parties and against the vehicle until the time a third party
purchaser intervenes. In the event a lien is created by parole agreement (word of honor),
the validity of the lien, if questioned, would be determined by a court of competent
jurisdiction.
Liens Noted on Certificates and Titles
Any lien noted or recorded on a Manufacturer’s Certificate of Origin (MCO), application
for a Texas title, Texas Certificate of Title, out of state certificate of title, out of state
registration receipt, bill of sale, or invoice must be released or carried forward.
• Lien information noted on a MCO need not be complete, but the lien must be released
or carried forward.
• A lien recorded on a Texas title is not required to be released when:
• An application for corrected title is filed recording a new lien in favor of the same
lienholder as is recorded on the surrendered title (with no change in ownership).
• A Texas title is transferred and the lienholder on the surrendered evidence is the
same as recorded on the new application. (Dates may differ.)
• A lien recorded on out of state evidence is not required to be released when there is no
transfer of ownership from an out of state title and the same lienholder is being
recorded on the Texas application as is recorded on the out of state title. (Dates may
differ.)
• An out of state lien recorded on out of state evidence cannot be carried forward to a
Texas title when there is a transfer of ownership unless:
• A release of lien is attached; or
• Authorization from the lienholder is attached.
Note: If a Texas lienholder is recorded on out of state evidence being surrendered in
support of a Texas application, require the same release as if the lien were on
a Texas title.
Lien Information on Application for Title (Form 130-U)
Motor Vehicle Title Manual 12-4 TxDMV April 2015
12.5 Lien Information on Application for Title (Form 130-U)
If a first lien is to be recorded on the subsequent title, the first lienholder’s name, address,
city, state, and zip code should be shown in the “LIEN” area located at the bottom of the
reverse side of the new Texas title documents (those issued on or after April 29, 1990). If
the first lien information is recorded on the Application for Texas Title, Form 130-U and
the Tax Collector’s Receipt for Title Application/Registration/Motor Vehicle Tax, Form
VTR-500-RTS, or VTR-31-RTS but is not shown in the “LIEN” area on the reverse side
of the new title document, the title transaction is acceptable when filed at the county tax
assessor-collector’s office.
Lien Wording
The heading over the lien space on the application reads as follows: “This Motor Vehicle
is Subject to the Following First Lien”; therefore, the word “None” need not be inserted on
the application if the vehicle is not subject to a lien. However, on the Tax Collector’s
Receipt for Title Application/Registration/Motor Vehicle Tax, Form VTR-500-RTS, or
Form VTR-31-RTS, the word “None” should be recorded in the space for first lienholder
if there is no lien. This discourages alterations to the receipt copies. If there is a first lien
but no second lien, the word “None” should be shown in the space for second lienholder.
The date of lien and the name of lienholder should be included in the first lien information
shown on the application. And the correct address and zip code must be included in the
mailing address for the post office to deliver the negotiable Texas Certificate of Title to
the lienholder. In the case of joint lienholders, only one address should be shown.
An Additional Liens Statement, Form VTR-267, must be attached to the Application for
Texas Title, Form 130-U, when more than one lien is to be recorded. The Form VTR-267
must be completed and be submitted with the title transaction.
The name of a nationally known lienholder may be abbreviated in the space provided on
the application for the “Name of Lienholder”. Example: GMAC.
The word “or” or “and/or” may not connect the names of joint lienholders.
Altered Lien Information
Date
The date of a lien shown on an application may be altered provided the result of the
alteration is legible. If the date of lien shown on the application is not legible after
alteration, a new application should be requested. Strikeovers and erasures, which leave
any doubt to the correct date of lien, are not acceptable.
Name
If the lienholder’s name has been altered, a statement of fact should be required from the
lienholder explaining the alteration and stating that they are the correct lienholder that
should be recorded. If the lien information on the application is erased and another lien is
not shown, a statement of fact should be required from the lienholder stating that they
have no interest in the vehicle; or the owner must complete a new application showing no
erasures. Erasure of lienholder’s name is not acceptable.
Lien Information on Application for Title (Form 130-U)
Motor Vehicle Title Manual 12-5 TxDMV April 2015
Address
An alteration of the lienholder’s address on an application for Texas title is acceptable if
the alteration is legible. If the lienholder is a “Bank” that has an accepted name used by
many different banks located in various cities throughout the State, such as First State
Bank, City National Bank, etc., an alteration of the lienholder’s city on the application
require the same evidence as if the lienholder’s name was altered.
Rejected Form VTR-500-RTS
If a Tax Collector’s Receipt for Title Application/Registration/Motor Vehicle Tax, Form
VTR-500-RTS has been issued and reported to the department and the transaction is
subsequently rejected by the department and returned to the county tax
assessor-collector’s office at the request of the county tax assessor-collector’s office,
owner or lien holder to delete the lien information or add a new lienholder, the following
apply:
• The correction must be processed in the Correct Title Rejection event.
• Issue a new Form VTR-500-RTS to record or remove (correct) the lien. The new
receipt should indicate that no registration was issued.
• The $28/$33 application fee should not be applicable when it is a county tax
assessor-collector’s office error and a statement of fact from the county tax
assessor-collector’s office supports the issuance of a “NO CHARGE” correction.
Note: The old application and receipt should be submitted as evidence with the
corrected title transaction. An “X” should be placed in the title number space
of the old application to ensure that the corrected application is utilized when
processed by the department.
Out of State Vehicles
If an alteration on a Manufacturer’s Certificate of Origin (MCO) or out of state evidence
shows a different lienholder’s name, require a release or an affidavit of “non interest”
from the originally recorded lienholder.
The notation of a lienholder’s name with the word “Note” or “Lien” or the notation of
amount of money plus the abbreviation for Chattel Mortgage (C.M.), Promissory Note
(P.N.), or Conditional Sales Contract (C.S.C.) constitutes notice of a valid lien and must
be carried forward or released. These simple notations may occur on Manufacturer’s
Certificates of Origin (MCOs), Texas titles, out of state titles, out of state registration
receipts, bills of sale, or invoices.
The date of lien does not have to be shown on the face or on an assignment of an out of
state title, a registration receipt from a non title state, a bill of sale, or invoice; however, a
definite date must be established if the lien is carried forward to the Texas application.
Lien Information on Application for Title (Form 130-U)
Motor Vehicle Title Manual 12-6 TxDMV April 2015
Priority of Liens
All liens on motor vehicles should take priority according to the order of time they are
recorded on the certificate of title. If a lien has been created by contract, prior to a
subsequent one, and the subsequent lien is filed first then the subsequent lien has priority
and is, in fact, the first lien. The first lien recorded remains the first lien even though a
second lien is later recorded showing an earlier date, unless the first lienholder agrees in
writing for the second recorded lien to appear as first lien. For information regarding the
effect of liens on CCO applications see Title Records Recording a Lien.
The rules of priority as stated in the above paragraph apply except in the case of statutory
liens or liens given by rule of law, such as a garage keeper’s lien on a vehicle deemed
abandoned under the provisions of Chapter 683 of the Transportation Code. If a vehicle is
left in a storage facility and “deemed abandoned”, the owner or lienholder must redeem
the vehicle by payment of the garage keeper’s claim. Failure by the owner or lienholder to
exercise their right to reclaim the vehicle is deemed a waiver of all right, title, and interest
in the vehicle; and constitutes consent to the sale of the vehicle at a public auction. This
statute nullifies a recorded lien under the conditions stated above and gives a garage
keeper’s lien first priority.
Errors and Forgery
If a former lienholder claims that their interest in a vehicle was released in error or by
forgery, the matter must be settled in court or between the parties. The department does
not enter into disputes of this nature.
Second Liens
A second lien may be recorded without releasing the first lien. The recorded owner may
correct the title by adding a second lien; or if the owner sells the vehicle, the new owner
may carry the original lien forward and add a second lien. The first lien must be carried
forward to the new application as the first lien.
Joint Liens
Two or more persons holding the same lien constitute joint lienholders. Joint lienholders
have equal rights and both must act in all cases in regard to their equity. Only one address
should be shown for joint lienholders. First and second lienholders are not considered
joint lienholders.
Lienholders’ Address
A lienholders’ address must include the street address or post office box number.
Note: Zip Code Numbers must be included as part of each mailing address
appearing on title applications.
Income Tax Liens
Motor Vehicle Title Manual 12-7 TxDMV April 2015
Corrected Titles
A lien may be recorded on an application for corrected title and a new title may be issued
regardless of the fact that the vehicle may not be currently registered or the motor vehicle
record indicates a Safety Responsibility Suspension.
Exempt Vehicles
Liens are valid against vehicles registered with exempt license plates, if properly recorded
on certificates of title.
Et Al
A group of individuals may show their lien as “John Doe”, et al. (Et al means “and others”
and is considered a company name.)
Liens on Component Parts
If a bill of sale for a component part of a motor vehicle (body, frame, motor) shows a
recorded lien, the lien does not need to be released or carried forward to the application as
under the Certificate of Title Act. A lien is only valid against the whole motor vehicle;
however, a lien recorded on a title, which is used as a bill of sale for a component part,
must be released or carried forward because such lien was not against a component part.
12.6 Income Tax Liens
The federal government may place a lien on the property of a delinquent taxpayer. Such a
lien against a motor vehicle is valid whether filed or not. However, an Income Tax Lien
does not have priority over a prior lien recorded on a certificate of title, unless it was
recorded after the Income Tax Lien was filed. If the evidence reveals a recorded lien, it
must be released. When motor vehicles are seized and sold by the IRS to satisfy a tax debt,
a Form 97 is not needed.
An application for Texas title resulting from a sale to satisfy an Income Tax debt must be
supported by either:
• A properly assigned title to the buyer; or
• A verification of the ownership from the state of origin.
Note: If verification of the ownership records from the state of origin cannot be
obtained, the options available to obtain Texas title are as follows:
• Pursue a “Bonded” title, if they meet the requirements set out in the Transportation
Code, §501.053;
• Obtain title in the other state, prior to transferring to Texas; or
• Pursue litigation through a court of competent jurisdiction.
12.7 Accessories Liens
Accessories liens are not valid (Transportation Code Section 501.004).
Restitution Liens
Motor Vehicle Title Manual 12-8 TxDMV April 2015
12.8 Restitution Liens
Code of Criminal Procedures, Article 42.22, Restitution Liens, provides for the filing of
statutory liens on motor vehicle certificates of title to secure the amount of restitution,
fines, or costs awarded to a crime victim or the state by a court in a criminal case.
A restitution lien may be established by a court order to a victim of a criminal offense (the
term “victim” also includes a close relative of a deceased victim, or the guardian of a
victim).
Lienholder
The lienholder name recorded on the application for a title must be the name of the court
ordering restitution in the court order or judgment. For example:
County Court at Law # __
c/o Clerk of the Court
Mailing Address of Court
Filing/Perfection
A restitution lien against a motor vehicle must be perfected in accordance with
Transportation Code Section 501.111, and may be filed by the victim or the attorney
representing the state. To record a restitution lien, an application for a title must be
supported by:
• The negotiable certificate of title in the name of or assigned to the defendant;
• Application for Texas Title, Form 130-U.
• Additional Liens Statement, Form VTR-267, if applicable;
• The original or a certified copy of the court order or judgment establishing the
restitution lien and requiring the defendant to pay restitution, fines, or costs;
• An affidavit to perfect the restitution lien. The affidavit MUST be signed by the
attorney representing the state or a magistrate and MUST include:
• the name and date of birth of the defendant whose property or other interests are
subject to the lien;
• the residence or principal place of business of the defendant, if known;
• the criminal proceeding giving rise to the lien, including the name of the court, the
name of the case, and the court’s file number for the case;
• the name and address of the attorney representing the state and the name of the
person entitled to restitution;
• a statement that the notice is being filed under Code of Criminal Procedure, Article
42.22, Restitution Liens;
• the amount of restitution and the amount of fines and costs the defendant has been
ordered to pay by the court;
• a statement that the amount of restitution owed at any one time may be less than
the original balance and that the outstanding balance is reflected in the records of
the clerk of the court hearing the criminal proceeding giving rise to the lien; and
• the vehicle description and vehicle identification number.
Landowner’s Lien
Motor Vehicle Title Manual 12-9 TxDMV April 2015
Fees
The applicant must pay the applicable title application fee and the $5 filing fee required of
the Code of Criminal Procedure, Article 42.22, Section 7 (b).
Priority
A restitution lien is subordinate (not superior) to other liens recorded on the surrendered
evidence of ownership. If the surrendered evidence of ownership indicates a recorded lien,
a restitution lien should be recorded as a second or third lien, whichever is applicable.
Release of Lien
The clerk of the court recorded as the lienholder on the certificate of title receives
payments from the defendant and maintains a record of the outstanding balance of
restitution, fines, or costs owed. A restitution lien expires on the 10th anniversary of the
date the lien was filed or on the date the defendant satisfies the judgment creating the lien,
whichever occurs first. The person having an interest in the lien may re-file the lien before
the date the lien expires. A lien that is re-filed expires on the 10th anniversary of the date
the lien was re-filed or the date the defendant satisfies the judgment creating the lien,
whichever occurs first.
12.9 Landowner’s Lien
Chapter 70, Property Code, provides for landowners to obtain a court order entitling them
to a lien against the motor vehicle of a person who damages the landowner’s fence, if that
person is the vehicle owner, or has consented for someone to drive their motor vehicle that
caused the damage.
Filing/Perfection
Liens may be perfected under this subchapter in the manner provided by Subchapter F,
Chapter 501 of the Transportation Code. The lien is perfected when the department issues
a subsequent title recording the lien. An application for Texas title to record a landowner’s
lien must be supported by:
• a judgment signed by the judge of a county justice of the peace court or higher
jurisdiction; or
• properly assigned ownership document; and
• an Application for Texas Title, Form 130-U, that discloses the lien accompanied by
the title application fee.
Lien Amount
The amount of the lien is equal to or the lesser of:
• the fair market value of the motor vehicle when the fence was damaged; or
• actual cost to repair the fence and, if any livestock or other animals escaped due to the
fence damage, to recapture the escaped livestock or other animals.
Release of Lien
The lien does not expire and is not discharged until the landowner receives payment.
Child Support Liens
Motor Vehicle Title Manual 12-10 TxDMV April 2015
Priority
A landowner’s lien is subordinate (not superior) to other liens recorded on the surrendered
evidence of ownership or in the motor vehicle record. If a recorded lien is indicated, a
landowner’s lien should be recorded as a second or third lien, whichever is applicable.
12.10 Child Support Liens
Note: Family Code, Chapter 157, Child Support Liens, provides for the filing of
child support liens on motor vehicle certificates of title for past due, court
ordered child support.
Filing/Perfection
Child support liens against motor vehicles must be perfected in accordance with
Transportation Code Section 501.111. The lien is perfected when the department issues a
title recording the lien. To record a child support lien, an application for a title must be
supported by:
• The negotiable certificate of title in the name of or assigned to the obligor (the one
who is required to make payments under the terms of a support order for a child);
• An Application for Texas Title, Form 130-U;
• Additional Liens Statement, Form VTR-267, if applicable; and
• A Child Support Lien Notice, which has been filed with the county clerk’s office or a
certified copy of an abstract of judgment.
Priority
A child support lien is subordinate (not superior) to other liens recorded on the
surrendered evidence of ownership. If the surrendered evidence of ownership indicates a
recorded lien, a child support lien should be recorded as a second or third lien, whichever
is applicable.
Release of Lien
A release of lien for a child support lien may be filed with the county clerk in the county in
which the original Child Support Lien Notice was filed. The release of lien from the
county clerk is acceptable to release the lien on a certificate of title.
12.11 Transfer of Equity
Assignment of Lien
Transportation Code Section 501.114
(a) A lienholder may assign a lien recorded under Section 501.113 without making
any filing or giving any notice under this chapter. The lien assigned remains
valid and perfected and retains its priority, securing the obligation assigned to
the assignee, against transferees from and creditors of the debtor, including
lien creditors, as defined by Section 9.102, Business & Commerce Code.
Transfer of Equity
Motor Vehicle Title Manual 12-11 TxDMV April 2015
(b) An assignee or assignor may, but need not to retain the validity, perfection, and
priority of the lien assigned, as evidence of the assignment of a lien recorded
under Section 501.113:
(1) apply to the county assessor-collector for the assignee to be named as
lienholder on the title; and
(2) notify the debtor of the assignment.
(c) Failure to make application under Subsection (b) or notify a debtor of an
assignment does not create a cause of action against the recorded lienholder, the
assignor, or the assignee or affect the continuation of the perfected status of the
assigned lien in favor of the assignee against transferees from and creditors of the
debtor, including lien creditors, as defined by Section 9.102, Business &
Commerce Code.
(d) An application under Subsection (b) must be acknowledged by the assignee.
(e) On receipt of the completed application and fee, the department may:
(1) amend the department’s records to substitute the assignee for the recorded
lienholder; and
(2) issue a new title as provided by this chapter.
(f) The issuance of a title under Subsection (e) is recordation of the assignment.
(g) Regardless of whether application is made for the assignee to be named as
lienholder on the title, the time of the recordation of a lien assigned under this
section is considered to be the time the lien was initially recorded under Section
501.113.
(h) Notwithstanding Subsections (a)-(g) and procedures that may be conducted under
those subsections, the assignment of a lien does not affect the procedures
applicable to the foreclosure of a worker’s lien under Chapter 70, Property Code,
or the rights of the holder of a worker’s lien. Notice given to the last known
lienholder of record, as provided by that chapter, is adequate to allow foreclosure
under that chapter.
(i) Notwithstanding Subsections (a)-(g) and the procedures that may be conducted
under those subsections, the assignment of a lien does not affect the procedures
applicable to the release of a holder’s lien under Section 348.408, Finance Code.
Transportation Code Section 501.114 provides that the security interest in a motor vehicle
may be transferred from the recorded lienholder to another lienholder.
Application for Texas Title
The new lienholder may file an Application for Texas Title, Form 130-U, to change the
name of the lienholder on the current title without obtaining the recorded owner’s
signature on the form or the owner’s identification. This may be accomplished by
completing and filing a Form 130-U with the county tax assessor-collector’s office in the
recorded owner’s or the new lienholder’s county of residence. In addition, the information
provided in the numbered fields below should be completed appropriately:
Release of Liens
Motor Vehicle Title Manual 12-12 TxDMV April 2015
1. Field 9 and 10 – The odometer reading should be the same as reflected on the
surrendered evidence of ownership. The odometer title brand should be the same as
reflected on the surrendered evidence of ownership. If an odometer title brand is not
reflected, the assignee for the new lienholder must indicate to the best of their
knowledge a statement of actual mileage, not actual mileage, or mileage exceeds
mechanical limits.
2. Field 13 – The “Add Lien” and “Remove Lien” boxes should be marked to indicate the
filing of a corrected application to remove an existing lien and record a new lien.
3. Field 16a – If applicable, the name of the owner (if an individual) should be the same
as reflected on the surrendered evidence of ownership and be recorded as it appears on
their government issued photo identification.
4. Field 16b – If applicable, the name of the owner (if an entity) should be the same on the
surrendered evidence of ownership.
5. Field 19 – The mailing address of the owner.
6. Field 22 – If applicable, the mailing address where registration renewals are mailed.
7. Fields 24 to 29 – The date of lien should be the same as reflected on the surrendered
evidence of ownership. The name and address of the new lienholder must be shown.
8. Field 34 (and Field 35, if applicable) – Lien Transfer/ No Change in Ownership should
be indicated in the seller’s signature area.
9. Field 36 – The new lienholder or assignee of the new lien (not the owner) must sign
and date the application.
Supporting Information
The Application for Texas Title, Form 130-U must be supported by:
• A copy of the agreement (Transfer of Equity) completed by the assignor (recorded
lienholder) and the assignee (new lienholder) specifying that the security interest in
the vehicle described on the negotiable Texas Certificate of Title is being assigned or
transferred.
• The negotiable certificate of title or certified copy reflecting the lien to be assigned or
transferred.
• $28.00 or $33.00 application fee.
Note: Do not release the lien, because the recorded lienholder’s date of lien carries
forward to the new title.
12.12 Release of Liens
Transportation Code Section 501.115
(a) When a debt or claim secured by a lien has been satisfied, the lienholder shall,
within a reasonable time not to exceed the maximum time allowed by Section
348.408, Finance Code, execute and deliver to the owner, or the owner’s
designee, a discharge of the lien in a manner prescribed by the department.
Release of Liens
Motor Vehicle Title Manual 12-13 TxDMV April 2015
(b) The owner may submit the discharge and title to the department for a new title.
Upon the discharge of a lien(s), the lienholder shall deliver to the owner, or the owner’s
designee, a discharge of the lien within ten (10) days from receipt of final payment. The
release may be executed on the Prescribed Form for Release of Lien, VTR-266, the
prescribed release of lien space located on the certificate of title, or on the lienholder’s
official letterhead.
Missing Records
If no record is found and every resource in the departments’ records has been checked,
counties may accept and process a title transaction to remove a lien, if the appropriate
documentation is provided.
If the evidence of ownership indicates a lien, acceptable documentation includes a:
• Photocopy of an Original or Certified Copy of the Certificate of Title in the applicant’s
name, with release of lien, if applicable;
• Photocopy of a non-negotiable title in the applicant’s name, with a release of lien, if
applicable;
• Photocopy of a Texas Vehicle Registration Receipt (regardless of the year of issuance)
in the applicant’s name; or a
• Photocopy of a Tax Collector’s Receipt for Texas Title Application, Form
VTR-31-RTS or Form VTR-500-RTS, regardless of the year of issuance, in the
applicant’s name.
The applicant may submit an Application for Texas Title, Form 130-U, Verification of
Ownership, Form VTR-268, evidence of ownership, release of lien, and appropriate title
fee to the county tax assessor-collector’s office.
The transaction may be processed for title issuance.
Title issues as a negotiable title in the owner’s name as shown on the evidence of
ownership.
Executing Release of Liens
The release of a lien may be executed on the prescribed release of lien space located on the
certificate of title, a Prescribed Form for Release of Lien, Form VTR-266, or a letter on
company letterhead stating that the lien has been paid (must be signed and dated). The
letter must contain the description of the vehicle or the certificate of title/document
number. All release of lien forms must be signed by the lienholder or show the
lienholder’s name and be signed by the lienholder’s agent if the lien is recorded in a
company name.
First or Second Liens
First or second liens recorded on a Texas Certificate of Title may be released by using the
prescribed space provided on the title. Liens recorded on Texas titles may be released as
follows:
• The release of lien space provided on the face of the title need only be signed and
dated by the lienholder or by an authorized agent acting for the lienholder.
Release of Liens
Motor Vehicle Title Manual 12-14 TxDMV April 2015
• The release of lien space located on the backside of the old Dexigraph type titles
issued prior to March 1968 must be dated and signed by the lienholder or by an agent
authorized by the lienholder. The lienholder’s name must be shown if the lien is in the
name of a company, firm, or corporation.
• When one firm takes over another firm, they may release liens or transact business in
their name by signing as “Successor to (other firm)” or as “Formerly (other firm).”
• In the event a joint (dual) lien is to be released, a different agent must sign for each
lienholder, unless authority is attached for one agent to sign for both lienholders.
• If the recorded lienholder is an individual who is deceased and there is no
administration on the estate, an Affidavit of Heirship must be attached to the
transaction.
• An agent signing for a company, firm, association, or corporation is not required to
attach evidence of authority to a release. If the recorded lienholder is deceased, proper
authority, such as Letters of Administration, etc., must be attached authorizing the
signature. If there has been action against a company, firm, association, or corporation
caused by “Operation of Law,” proper authority for the agent to sign must be attached
to the transaction.
• A release of lien is only acceptable if signed in ink.
• If a lienholder’s name is recorded in error on a Texas title, the lien may be released,
and/or an application for corrected title filed, provided an affidavit is attached from the
lienholder stating that they are the correct lienholder and there is no such lienholder as
that recorded on the certificate of title. In addition, a copy of the security agreement
must be attached to the transaction.
• A first lien may be released and a second lien carried forward or a second lien may be
released and a first lien carried forward.
• All releases of lien must show an individual’s or agent’s signature. Initials are not
acceptable.
• An out of state lienholder may release their lien recorded on a Texas title in the same
manner as a Texas lienholder; or the lien may be released by letter or by company paid
stamp, dated and countersigned. A prescribed release of lien form from their home
state is also acceptable.
Multiple Lienholders
No release of lien is necessary if the owner assigns the vehicle to the lienholder.
• In the case of two (dual) lienholders, a release of lien is not required from the second
lienholder if the first lienholder repossesses the vehicle. If the repossession is by the
second lienholder, a release of lien from the first lienholder is required.
• If a vehicle is repossessed under a recorded lien, a release of lien is not necessary,
provided the Repossession Affidavit shows the same title number, as the surrendered
title. The transaction should not be rejected for a release of lien. If, however, the lien is
released, the release does not invalidate the transaction.
Release of Liens
Motor Vehicle Title Manual 12-15 TxDMV April 2015
• If the lien upon which the repossession is based is not recorded on the title or on other
evidence, no release of lien is necessary, but a certified copy of the security agreement
and a repossession affidavit is required. The Texas title must be in the name of the
person from whom the vehicle was repossessed or surrender of the title properly
assigned to such person. The title must be secured in the name of the lienholder before
further transfer.
• If a lien is held against a motor vehicle by joint lienholders, both of the lienholders
may repossess; but when one of the joint lienholders repossesses, the other must
release his interest, title must be assigned to him, or he shall transfer his equity to the
lienholder repossessing.
• If the owner assigns the title to one of the joint lienholders, a release is required from
the other.
Out of State Liens
No general rule can be set to govern the release of liens on out of state evidence. The
procedure necessary for releasing out of state liens differs, in most cases, from state to
state. Unless the release of lien falls under one of the following methods, it is not
acceptable.
• If an out of state title provides a space for release of lien, it may be used if properly
completed. Generally, it requires the lienholder’s name, agent’s signature, and date.
• Any out of state prescribed release of lien form, properly completed is acceptable. A
lien filing receipt, properly released, is also acceptable.
• The owner(s) may assign the out of state title to the lienholder. This constitutes a
release.
• Releases of lien by a state’s lien recording agency (for filing security agreements) are
acceptable. In this case, either the recording agency or the lienholder may release the
lien.
• Liens may be released on the face of out of state evidence showing the word “Paid” or
“Lien Satisfied” (stamped or written followed by name of lienholder, countersigned or
initialed by an agent, and dated.
• Original or copies of original security agreements are acceptable as releases of lien if
they are stamped “Paid” or “Lien Satisfied” with a company paid stamp. The stamped
release must include the name of the lienholder, countersigned or initialed by an agent
and dated. A written “Paid Statement” followed by the company’s name is also
acceptable.
• A signed and dated company letterhead, stating the lien has been paid is acceptable if
the release contains the title/document number, the description of vehicle, or the lien
information.
• When an out of state title has a lien recorded in favor of a motor company and in care
of (c/o or %) a finance company, the lien may be released by either the motor or
finance company.
The notation “in care of” (c/o or %) on an application for Texas title signifies a
mailing addresses. If a lienholder is recorded on a Texas title as:
Liens Over 10 Years Old
Motor Vehicle Title Manual 12-16 TxDMV April 2015
Last Bank of California
% Union Bank of El Paso
P. O. Box 123
El Paso, Texas 79900
The lienholder is the Last Bank of California; and the release must be executed by the
Last Bank of California.
• Altered lien information on any surrendered evidence requires a release from the
original lienholder or a statement from the proper authority of that state verifying the
correct lien information.
• Liens released by the use of perforated paid stamps are not acceptable such as used on
Florida titles.
Transfers of Equity
A release of lien is not required from the original lienholder when a transfer of equity is
attached.
Manufacturer’s Certificate of Origin (MCO)
A lien noted on a Manufacturer’s Certificate of Origin (MCO) may be released by the use
of a company paid stamp (must be dated and countersigned) or such release may be
written. In either case, initials are not acceptable.
Court Orders
Releasing a recorded lien is a drastic measure; therefore, a court order may not be
construed as having cleared all liens unless: (a) stated, (b) orders a vehicle sold free of all
liens and encumbrances, or (c) the recorded lienholder is made a party to the suit. In other
words, one cannot assume a lien has been cleared and evidence must be attached
indicating that the lienholder’s interest has been taken into consideration by the court.
Court orders of the type stated above usually occur in settlement of estates, divorce
proceedings, or cases when the lienholder is a party to the suit.
Electronic Lien
A paper release of lien is not acceptable with an active ELT. E-lienholders are required, as
part of their Service Level Agreement with the department, to electronically release all
liens filed with the department. Customers need to contact their lending institution that
holds the electronic lien and request an electronic release. Once the ELT is released, a
paper title will automatically be generated and mailed to the owner address on file. If the
electronic release is due to a refinance, trade in, or insurance payout, the paper title will be
sent directly to the third party recipient (e.g. Lender, Dealer, Insurance Company, etc.).
12.13 Liens Over 10 Years Old
Transportation Code Section 501.116
The department may cancel a discharged lien that has been recorded on a title for 10
years or more if the recorded lienholder:
(1) does not exist; or
Electronic Lien Title (ELT)
Motor Vehicle Title Manual 12-17 TxDMV April 2015
(2) cannot be located for the owner to obtain a release of the lien.
If a lien has been recorded on a Texas title for 10 years or more and the lienholder cannot
be located to obtain a release of lien, a statement of fact by the owner (person to whom
title was issued) may be accepted. The statement of fact must state, “lien has been paid,
and lienholder cannot be located.” If the negotiable Texas Certificate of Title has been lost
or if it was never received from the lienholder, the above statement of fact must support an
application for corrected title filed in the name of the recorded owner in order to clear the
lien. A record of ownership must be established in the owner’s name before the
department can issue title and indicate that the lien has been recorded for at least 10 years.
A tax collector hearing, bonded title or court order would be necessary to clear a lien less
than 10 years old if the owner cannot locate the lienholder.
12.14 Electronic Lien Title (ELT)
Transportation Code Section 501.117
(a) The department by rule shall develop a system under which a security interest
in a motor vehicle may be perfected, assigned, discharged, and canceled
electronically instead of by record maintained on a certificate of title. The
department may establish categories of lienholders that may participate in the
system and, except as provided by this section, may require a lienholder to
participate in the system.
(b) The department shall publish and distribute procedures for using the system to
county assessor-collectors and to financial institutions and other potential motor
vehicle lienholders.
(c) The provisions of this chapter relating to perfecting, assigning, discharging, and
canceling a security interest in a motor vehicle by record maintained on a
certificate of title do not apply to the extent the security interest is governed by
rules adopted under this section.
(d) The department may not require a depository institution, as defined by Section
180.002, Finance Code, to participate in the system if the department has issued
fewer than 100 notifications of security interests in motor vehicles to the
depository institution during a calendar year.
(e) The department may not require a depository institution, as defined by Section
180.002, Finance Code, to participate in the system:
(1) during 2011, if the department issues fewer than 200 notifications of security
interests in motor vehicles to the depository institution between September 1,
2011, and December 31, 2011; and
(2) during 2012, if the depository institution was exempt under Subdivision (1)
and the department issues fewer than 200 notifications of security interests in
motor vehicles to the depository institution in 2012.
(f) This subsection and Subsection (d-1) expire January 1, 2013.
(g) The department by rule shall establish a reasonable schedule for compliance with
the requirements of Subsection (a) for each category of lienholder that the
department requires to participate in the system.
Electronic Lien Title (ELT)
Motor Vehicle Title Manual 12-18 TxDMV April 2015
(h) The department may not:
(1) prohibit a lienholder from using an intermediary to access the system; or
(2) require a lienholder to use an intermediary to access the system.
The establishment of an electronic title system for lienholders removes the administrative
burden placed on a lienholder in the processing, filing, and storage of paper titles. The
ELT process suppresses the printing and mailing of paper certificates of title until the lien
is paid off. The official certificate of title is an electronic title record held in the
Registration and Title Systems’ (RTS) database until a request for a paper title is received.
Participation in ELT is optional for lienholders and owners.
Definitions
e-Title
e-Title is a title record that is held in an electronic status, which includes a title record with
an electronic lien. e-Titles support only one lien entry. A paper title is not printed.
e-Lienholder or e-Title Lienholder
A financial institution which is certified and approved to submit ELT transactions.
Certified Lienholder
A financial institution whose official name and address have been certified by the
department and is accessible in RTS to all counties for non-electronic title records. A
certified lienholder may also be approved to be an e-Lienholder in order to submit ELT
transactions.
Local Lienholder
A lienholder record created in RTS by a county tax assessor-collector’s office for their
local use in entering non-electronic title records.
ELT Lienholder Certification
To be approved to participate in the ELT program, each financial institution must:
• have the technical expertise to provide File Transfer Protocol (FTP) internet file
transfers and database updates or have a vendor who will provide these services for
them.
• successfully complete technical validation testing.
• approve and sign an ELT service level agreement (SLA) which documents the
responsibilities of both parties. The service level agreement provides the financial
institution, their vendor, and the department with a contract that describes the
responsibilities of each signee.
The ELT program requires that most communication between the department and the
e-Lienholder concerning the status of an e-Title be accomplished over the internet by way
of FTP file transfers. Most financial institutions will contract with independent vendors
that provide internet electronic file transfers for a variety of clients. Validation testing of
the department’s technical requirements must be successfully completed to make sure the
specifications follow AAMVA’s file structure standards.
Electronic Lien Title (ELT)
Motor Vehicle Title Manual 12-19 TxDMV April 2015
The process and forms necessary to apply to TxDMV to become an ELT certified
lienholder can be found on TxDMV’s web site at www.txdmv.gov/.
ELT Vendor Approval
A vendor, providing electronic data transfers for ELT lienholders, must meet TxDMV’s
technical specifications to participate in the ELT program. The process and forms
necessary to apply to TxDMV to become a vendor for ELT lienholders can be found on
TxDMV’s web site at www.txdmv.gov/.
Application for an Electronic Lien Title
An Application for a Texas Title, Form 130-U filed with the county tax
assessor-collector’s office can include only one security interest (lien) if an electronic lien
title is requested. If multiple lienholders are required then a paper certificate of title must
be issued.
The basic application process for an electronic lien title is no different than for a paper
certificate of title with a lien. Two additional fields on the application must be completed
in order to make a valid request for an electronic lien title.
• Check “YES” for Electronic Title Request?
• Enter the 11 digit Certified Lienholder ID No.
The county tax assessor-collector’s office should select “ETITLE” in the Lien Entry
screen to access ELT Certified Lienholders.
ELT Remarks
The motor vehicle record remarks field accommodates two remarks associated with ELT.
• E-Title (Paperless Title)
• Paper Title (Printed Title)
Electronic Data Transmissions
The electronic data transmissions occurring between TxDMV and ELT Lienholders
include:
• Message to lienholder that title was issued and lien has been perfected
• Release of lien from lienholder – automatically creates a new title record without a lien
and the new title is mailed to the owner of record
• Notification of errors
• Release of lien from lienholder and request to mail title to third party (dealer pay-off
due to trade-in) – automatically creates a new title record without a lien and the new
title is mailed to the dealer, insurance company, etc.
• Title print request from lienholder, with lien intact (owner moving out of state before
lien is paid), the lienholder can specify a mailing address. The paper title is mailed to
the lienholder or address specified by the lienholder.
If a lienholder has questions concerning how to make a specific request, they should
contact the department at (512) 302-2020 or by email at e-Liens@txdmv.gov.
Electronic Lien Title (ELT)
Motor Vehicle Title Manual 12-20 TxDMV April 2015
Identifying a prior ELT Title
Use the following to identify a title previously issued by the ELT system:
• The document number always begins with the numerals 286;
• The remark “E-TITLE PRINT DATE: [MM/DD/YYYY];
• Page 2 of Form 500, Electronic Title Lien Release Evidence contains a “c/o third
party name” (care of).
Note: The E-TITLE PRINT DATE remark also displays when an E-Title record
has been converted to paper with the lien still in tact. In these situations the
title is printed with the original document number.
Previously, if a vehicle was paid off by a third party (such as a dealer, insurance company,
etc), the new title contained the original owner’s name but also included a “c/o third party
name” (care of) in the mailing address. As of February 25, 2013, when an electronic
release of lien to a third party is received, the third party “c/o name and address”
information no longer appears in the owner’s name and address fields of the department’s
Motor Vehicle Record nor prints on the face of the title. Instead, the c/o information only
prints on the mail tab portion of the title document and on page 2 of the Form 500,
Electronic Title Lien Release Evidence. The Form 500 is immediately placed into title
history following an electronic release of lien.
Owners Obtaining a Printed Title
Once a lien has been paid off, a paper title is automatically generated and mailed to the
owner on record, or to a third party as specified by the financial institution who released
the lien. This was implemented by RTS release 6.9.0 on February 13, 2012
Prior to that date, when an e-Title lien had been paid off and released, a paper title was not
automatically printed and sent to the owner, it remained an e-title. If a lien was released
prior to February 13, 2012, and the owner requests a paper title, or Certified Copy of Title
afterwards, they should be allowed to get one at no charge.
Motor Vehicle Title Manual 13-1 TxDMV April 2015
Chapter 13
VEHICLE IDENTIFICATION NUMBERS
This chapter contains the following sections:
• 13.1 Vehicle Identification Number (VIN) Overview
• 13.2 Motor Numbers
• 13.3 Serial Numbers
• 13.4 Motorcycles and Motor Scooters
• 13.5 House Trailers, Trailers, and Semitrailers
• 13.6 Reassigned Vehicle Identification Number (VIN)
• 13.7 Assignment of Identification Number by Department (TEX Prefix Numbers)
• 13.8 Homemade/Shopmade House Trailers (HT Prefix Numbers), and Trailers &
Semitrailers (TR Prefix Numbers)
• 13.9 After Installation of Assigned Numbers
• 13.10 Cancellation of Assigned Number
• 13.11 Number Assigned by Another State
• 13.12 VIN Standards (Processing of ‘I’ and ‘O’)
• 13.13 Seized and Forfeited Vehicles
• 13.14 Recovered Out of State Stolen Vehicles
• 13.15 Violation by County Assessor-collector; Penalty
13.1 Vehicle Identification Number (VIN) Overview
For title and registration purposes, the department recognizes the motor number, or the
serial number of the body or frame as the principal means of identification of all vehicles
registered and titled in this State.
Definitions
Transportation Code Section 501.002 (15) (24)
(15) “Manufacturer’s permanent vehicle identification number” means the number
affixed by the manufacturer to a motor vehicle in a manner and place easily accessible for
physical examination and die-stamped or otherwise permanently affixed on one or more
removable parts of the vehicle.
(24)“Serial number” means a vehicle identification number that is affixed to a part of a
motor vehicle and that is:
(A) the manufacturer’s permanent vehicle identification number;
(B) a derivative number of the manufacturer’s permanent vehicle
identification number;
(C) the motor number; or
(D) the vehicle identification number assigned by the department.
Vehicle Identification Number (VIN) Overview
Motor Vehicle Title Manual 13-2 TxDMV April 2015
All motor vehicles, house trailers, trailers, and semitrailers required to be titled under the
provisions of the Certificate of Title Act, are required to have an identification number
affixed to or imprinted on the vehicle.
Vehicle Major Component Parts
There are numerous major component parts of a vehicle; however, the three basic
component parts of a motor vehicle are the motor, frame, and body. One or more of these
component parts may contain a manufacturer’s identification number, but the department
recognizes only one VIN for title and registration purposes. The following indicates the
component part of a motor vehicle upon which the recognized VIN appears and the type
of ownership evidence necessary to transfer such component part.
Body
The serial number of the body is recognized as the VIN on all 1956 and later model motor
vehicles and all 1949 and later model Ford products, and the certificate of title should be
used to transfer ownership of a body when it is sold or disposed of except certain
Volkswagens (see Volkswagen Beetle).
Frame
Commercial Vehicles
The serial number of the frame is recognized as the VIN on all commercial vehicles. The
certificate of title should be used to transfer ownership of a frame from a commercial
vehicle.
Non Commercial Vehicles
The serial number of the frame is recognized as the VIN on all Ford products
manufactured from March 31, 1932 through the 1948-year models and on all 1955
through 1967-year model Cadillacs. However, it is not necessary that the certificate of title
be used to transfer ownership when these frames are sold or disposed of unless the vehicle
from which the frame was removed has been salvaged or destroyed by the owner. The
frame of a non-commercial vehicle should be sold on a bill of sale.
Volkswagen Beetle
Volkswagen Beetle models have a number located on the floor pan (frame), and this
number is recognized as the VIN on all 1956 and later year models. The certificate of title
covering such a floor pan (or floor pan and chassis) must remain with the floor pan and be
used to transfer ownership. The body of these Volkswagens may be transferred on a bill of
sale. Other Volkswagens (not Beetle models) have a body serial number, which is
recognized as the VIN. In this case, the certificate of title should remain with the body and
be used to transfer ownership.
In the event the certificate of title covering a vehicle body or Volkswagen Beetle floor pan
has been surrendered to the department, then such body or Volkswagen floor pan may be
sold on a bill of sale. The bill of sale must contain a statement to that effect, and the
statement must include the description of the vehicle, title number under which the vehicle
was titled, the salvage dealer or the salvage yard inventory number, and date on which the
title was surrendered.
Vehicle Identification Number (VIN) Overview
Motor Vehicle Title Manual 13-3 TxDMV April 2015
Motor
The motor number is recognized as the identifying number on all 1955 and prior model
vehicles, except Ford products manufactured since March 31, 1932. However, a certificate
of title should not be used to transfer ownership of a motor. The motor of the vehicle
should be sold on a bill sale. The title to the vehicle from which the motor was removed
should be marked “body only.”
Junked Vehicles
If an individual or business surrenders a title to the department, they mark the records to
indicate the vehicle as junked. If the component part (body or Volkswagen floor pan, see
Volkswagen Beetle) is sold after the title has been surrendered, a Component Part(s) Bill
of Sale, Form VTR-63, is acceptable as evidence of ownership. The bill of sale must
record the title number and description of vehicle as recorded on the surrendered title.
However, if the title record is not marked “junked”, the owner must provide the title to
support the application.
Note: The body and frame of an otherwise nonrepairable (junk) vehicle (that
cannot be repaired, rebuilt, or reconstructed for on-road use) cannot be used
to repair, rebuild, reconstruct, or assemble another vehicle.
1955 and Prior Vehicles
On 1955 and prior model motor vehicles registered and titled in Texas, the motor number
is the principal means of identification, except Ford products manufactured since March
31, 1932. Motor numbers are die stamped on the engine blocks. Raised or die cast
numbers are part numbers and should be disregarded.
Beginning with the 1956 model motor vehicles, the serial number of the body or frame is
the principal means of identification and known as the “vehicle identification number
(VIN)”. The words “permanent identification number” and “serial number” are sometimes
used to refer to the official VIN.
1968 and Later Vehicles
Effective with all 1968 American manufactured passenger vehicles, the VIN was required
to be visible through the left side of the windshield (driver’s side). Effective September 1,
1981, all over the road vehicles manufactured in the United States, or manufactured for
import into the United States with a gross vehicle weight of 10,000 pounds or less, were
required to have the VIN visible through the left side of the windshield.
1981 and Later Vehicles
Effective with 1981-year model vehicles, the National Highway Traffic Safety
Administration, Department of Transportation, required manufacturers selling vehicles in
the United States to produce the vehicles with a 17-character VIN. This standard
establishes a fixed VIN format with unique manufacturer identifiers and applies to all
passenger cars, multi purpose passenger vehicles, trucks, buses, incomplete vehicles, and
motorcycles.
Motor Numbers
Motor Vehicle Title Manual 13-4 TxDMV April 2015
Manufacturer’s VIN
The VIN which is stamped or affixed on the vehicle by the manufacturer and which
appears on the Manufacturer’s Certificate of Origin is the number recognized by the
department as the VIN for title and registration purposes.
1995 and Later GM Vehicles
Effective November 1995, the VIN of all General Motors Corporation (GM) non-saleable
vehicles, which is a prototype or pilot, whether full 17-character VIN or VIN-derivatives
of nine characters, ends in the letters “EX” instead of numeric characters. This
distinguishes non-saleable GM vehicles from other GM vehicles, which are saleable. The
“EX” in the last two positions of the VIN derivative of a GM vehicle is a signal that the
vehicle is not to be sold, registered, or titled.
Strikeovers
Strikeovers on the application for Texas title or Tax Collector’s Receipt for Title
Application/Registration/Motor Vehicle Tax, Form VTR-500-RTS, or VTR-31-RTS,
which leave any doubt as to the legibility of any digit in the VIN number should not be
accepted.
Prefixes and Suffixes
Prefixes and suffixes are required to prevent the duplication of numbers; and a prefix, a
suffix, or both must be shown on all motor numbers starting with the 1946 models (on
1940 and later international trucks) and on all VINs starting with 1956 models when the
vehicle manufacturer has used them. (The prefixes on international trucks are usually
found above the basic motor number.) If a Texas title has been issued in error by omitting
any part of the prefix or by completely omitting the prefix or the suffix of a motor or VIN,
refer to Chapter 7, “Corrections” for correction procedures.
13.2 Motor Numbers
The motor number is recognized as the identifying number on all Ford products
manufactured prior to March 31, 1932; and, if necessary, an assigned number may be
issued by the department. The frame or body serial number is recognized as the
identifying number on Ford products manufactured after that date, except as listed below:
• Most Ford vehicles manufactured in a foreign country have a motor number stamped
on the block, and for models prior to1956, this number should be shown on the
application for Texas title.
• “Jeeps” manufactured by the Ford Company have a motor number stamped on the
block that is different from the number on the frame. This motor number should be
shown on the application for Texas title. Since these vehicles were manufactured prior
to 1946, the prefix “GP” or “GPA” is not required unless there is a duplication of basic
motor numbers.
Motor Number Required for Vehicle Registration
Transportation Code Section 501.0331
Serial Numbers
Motor Vehicle Title Manual 13-5 TxDMV April 2015
A person may not apply to the county tax assessor-collector for the registration of a motor
vehicle from which the original motor number has been removed, erased, or destroyed
until the motor vehicle bears the motor number assigned by the department.
Application for Motor Number Record
Transportation Code Section 501.0332
(a) To obtain a motor number assigned by the department, the owner of a motor
vehicle that has had the original motor number removed, erased, or destroyed
must file a sworn application with the department.
(b) The department shall maintain a record of each motor number assigned by the
department that includes:
(1) the motor number assigned by the department;
(2) the name and address of the owner of the motor vehicle; and
(3) the make, model, and year of manufacture of the motor vehicle.
13.3 Serial Numbers
On 1956 and later model motor vehicles (1949 and later model Ford products), the serial
number of the body or frame is recognized as the vehicle identification number (VIN),
except for Cadillacs and Volkswagens.
The serial number of the frame is the principal means of identification on all Ford
products manufactured from March 31, 1932, through the 1948-year models and on all
1956 through 1967-year model Cadillacs. Volkswagen Beetle models have a serial
number located on the floor pan (frame), and such number is the VIN on all 1956 and later
models. On all 1956 and later Volkswagens, other than the Beetle models, the serial
number of the body is the vehicle identification number.
The serial number is the principal means of identification on all model house trailers,
trailers, and semitrailers.
Note: The National Highway Traffic Safety Administration (NHTSA) regulates
motor vehicles manufactured primarily for use on public streets, roads, or
highways. Vehicles that are regulated by NHTSA are required to have
17-digit VINs. However, Texas requires titling of ROVs, ATVs and some
trailers, which are not regulated by NHTSA; therefore, these vehicles may not
have a 17-digit VIN. For ROVs, ATVs and trailers that do not have a 17-digit
VIN, a serial number is acceptable in lieu of a VIN.
13.4 Motorcycles and Motor Scooters
The use of either the motor number or frame number (serial number) was acceptable as the
identifying number on 1970 and prior year model motorcycles and motor scooter-type
vehicles; however, beginning with 1971 and subsequent year model motorcycles and
motor scooters, the serial number of the frame is recognized as the legal identifying
number.
House Trailers, Trailers, and Semitrailers
Motor Vehicle Title Manual 13-6 TxDMV April 2015
13.5 House Trailers, Trailers, and Semitrailers
Serial Numbers
The principal means of identification for house (travel) trailers, trailers and semitrailers is
the serial number. All house (travel) trailers, trailers and semitrailers that are required to
be titled must have a serial number.
If a serial number cannot be located on a trailer or semitrailer, the owner must apply on
Application for Assigned or Reassigned Number, Form VTR-68-A, for an assigned serial
number from this department as provided in Chapter 14, “Vehicle Types”.
Trailers Without Frames
Trailers and semitrailers without frames (usually butane or propane) of the double tank
variety which have two different serial numbers (one on each tank) are to be identified for
title and registration purposes by the serial number located on the right tank. The right
tank is defined as that tank nearest the curb or shoulder of the road, in order that an officer
in stopping such a vehicle may inspect the serial number without standing next to the lane
of traffic.
Homemade Trailers
Non-titled homemade or shop made trailers, semitrailers, farm trailers, and farm
semitrailers are not required to obtain an assigned serial number to be registered.
However, owners of these non-titled trailers and semitrailers should be encouraged to
obtain an assigned serial number to aid in the identification of their property in the event it
is stolen. (See Non-Titled Vehicles)
13.6 Reassigned Vehicle Identification Number (VIN)
If a VIN on a Ford product manufactured after March 31, 1932, or on any other 1956 or
later year model passenger car, truck, trailer, or semitrailer has been removed, changed, or
obliterated, the department reissues the original manufacturer’s VIN, provided such
number can be verified by a law enforcement officer who is a member of one of the
agencies listed below.
Reissuing VINs
Application to reissue the original manufacturer’s VIN is made on the Application for
Assigned or Reassigned Number, Form VTR-68-A, which is a combined application and
inspection report.
Inspection
The inspection report must be completed by a law enforcement officer who is a member of
one of the following agencies:
• Municipal Police Auto Theft Unit;
• County Sheriff’s Department Auto Theft Unit;
• Federal Bureau of Investigation;
• Texas Department of Public Safety Special Investigations Section; or
Assignment of Identification Number by Department (TEX Prefix Numbers)
Motor Vehicle Title Manual 13-7 TxDMV April 2015
• National Insurance Crime Bureau (NICB) Vehicle Theft Investigators.
Completion of the form by a member of one of these agencies insures uniformity of the
inspection process and that only trained Auto Theft Investigators certify the authenticity
of inspected vehicles.
Note: As a result of a reorganization in 2009, the Texas Department of Public
Safety’s Motor Vehicle Theft Service is now known as the Special
Investigations Section.
Issuance and Installation
If the manufacturer’s VIN is verified, the application, evidence of ownership, and the
vehicle must be taken to the nearest Regional Service Center for issuance and installation
of the reassigned number. The department affixes a Texas VIN decal bearing the same
VIN as originally placed on the vehicle by the manufacturer to the left front door post of
the vehicle. After the reassigned number has been installed, the owner must sign a Notice
of Assigned Number or Installation of Reassigned Vehicle Identification Number, Form
VTR-68-N, acknowledging that the reassigned number was actually installed on the
vehicle.
Trailers, Semitrailers and House (Travel Trailers)
For trailers, semitrailers, and house (travel) trailers on which the manufacturer’s serial
number has been removed, changed, or obliterated, the applicant must take the completed
Application for Assigned or Reassigned Number, Form VTR-68-A, $2.00 fee, proof of
ownership and the trailer, semitrailer, or house (travel) trailer to the nearest TxDMV
Regional Service Center. On trailers and semitrailers, affix the reassigned VIN decal to
the permanent part of the trailer on the lower front right side. On house (travel) trailers,
affix the reassigned VIN decal on the right front of the frame, on an open part and in an
accessible place, which extends beyond the body.
Missing VINs
When a vehicle does not have a valid manufacturer’s VIN, the county tax
assessor-collector’s office is not authorized to accept an application for Texas title and/or
registration until an identifying number has been reissued or assigned by the Texas
Department of Motor Vehicles.
Title Implications
Correction of the title is not necessary when the original manufacturer’s VIN is reissued by
the department. However, if the evidence of ownership to the vehicle is assigned to the
applicant, an application for Texas title must be filed after the reassigned number is
installed by the department.
13.7 Assignment of Identification Number by Department
(TEX Prefix Numbers)
Transportation Code Section 501.033
Assignment of Identification Number by Department (TEX Prefix Numbers)
Motor Vehicle Title Manual 13-8 TxDMV April 2015
(a) A person determined by law enforcement or a court to be the owner of a motor
vehicle, travel trailer, semitrailer, or trailer, a part of a motor vehicle, travel
trailer, semitrailer, or trailer, a frame, or an item of equipment including a
tractor, farm implement, unit of special mobile equipment, or unit of off-road
construction equipment may apply to the department for an assigned vehicle
identification number that has been removed, altered, obliterated, or has never
been assigned.
(b) An application under this section must be in a manner prescribed by the
department and accompanied by valid evidence of ownership as required by the
department.
(c) A fee of $2 must accompany each application under this section to be deposited in
the Texas Department of Motor Vehicles fund.
(d) The assigned vehicle identification number shall be die-stamped or otherwise
affixed in the manner designated by the department.
(e) If the auto theft unit of a county or municipal law enforcement agency conducts an
inspection required by the department under this section, the agency may impose a
fee of $40. The county or municipal treasurer shall credit the fee to the general
fund of the county or municipality, as applicable, to defray the agency’s cost
associated with the inspection. The fee shall be waived by the department or
agency imposing the fee if the person applying under this section is the current
registered owner.
This section provides for the issuance of assigned numbers by the department and further
provides that a person who has been determined to be the rightful owner of a motor
vehicle or part of a motor vehicle that has had the serial number, the motor number, or the
manufacturer’s VIN removed, changed, obliterated or had never been assigned must make
application to the department for an assigned identification number, within thirty (30)
days of such determination. Upon being presented with an application supported by
satisfactory evidence of ownership, the department either reissues the original
manufacturer’s VIN or issues an assigned VIN, motor number, serial number, or
component part number. The fee for the issuance of assigned or reassigned numbers is two
dollars ($2.00).
A county or municipal auto theft law enforcement agency may charge a fee of $40 for the
inspection. The agency must waive the fee if the person applying for the inspection is the
current registered owner.
Note: Tax assessor-collector hearing orders are acceptable for issuance of assigned
numbers; however, only a court order is valid for reassigned numbers.
Texas assigned Vehicle Identification Numbers (TEX Prefix Numbers) are issued for
1956 and later model motor vehicles and for Ford products manufactured since March 31,
1932. The numbers are affixed to vehicles on which no identification numbers were ever
affixed by the manufacturers; or the original manufacturer’s VIN has been removed,
changed, or obliterated; and the true identification number cannot be verified.
Assignment of Identification Number by Department (TEX Prefix Numbers)
Motor Vehicle Title Manual 13-9 TxDMV April 2015
TEX Prefix Numbers may be issued provided ownership is determined in the name of the
applicant. Such numbers are also issued for all assembled vehicles that require assigned
numbers and for motorcycles. Assigned VINs consist of the prefix “TEX” followed by six
digits and are die-stamped on the vehicle in a location prescribed by the department.
Altered Manufacturer’s VIN
If the manufacturer’s VIN has been removed, changed, or obliterated and the true identity
of the vehicle cannot be determined by the inspecting officer, the owner must obtain a
court order or Tax Collector’s Hearing Order to establish ownership.
Application
Applications for assigned vehicle identification numbers (TEX Prefix Numbers) must be
made on an Application for Assigned or Reassigned Number, Form VTR-68-A. The
inspection report section on this form must be completed by a law enforcement officer as
described in Inspection.
The Application for Assigned or Reassigned Number, Form VTR-68-A, together with
evidence establishing ownership, or a copy of a court order establishing ownership in the
applicant’s name, plus a $2.00 fee may be either mailed or submitted in person to the
nearest TxDMV Regional Service Center.
Approval and Installation
Upon approval of the application, the Regional Service Center provides the applicant a
Notice of Assigned Number or Installation of Reassigned Vehicle Identification Number,
Form VTR-68-N, a copy of the approved Form VTR-68-A, and returns the evidence that
the applicant provided with the Form VTR-68-A.
The assigned number as shown on the Form VTR-68-N is die-stamped on the vehicle as
follows:
1. The number should be die-stamped on the left front door post of the vehicle.
2. If the left front door post is inaccessible due to the construction of the vehicle, as in the
case of some assembled or stripped down vehicles, the number is die-stamped on a
portion of the frame forward of the passenger compartment on the driver’s side of the
vehicle.
3. If the vehicle is a Volkswagen or if a Volkswagen floor pan was used in the vehicle
construction, the assigned number is die-stamped on the frame tunnel in the vicinity
where the manufacturer’s VIN was located.
4. If an assigned number is issued to a motorcycle, the number is die-stamped on the
frame down tube near the steering head on the left or right side.
Note: An assigned number may not be die-stamped in the space where the original
number appeared.
Homemade/Shopmade House Trailers (HT Prefix Numbers), and Trailers & Semitrailers (TR Prefix Numbers)
Motor Vehicle Title Manual 13-10 TxDMV April 2015
Non-Titled Vehicles
Non-titled homemade or shopmade trailers, semitrailers, farm trailers, and farm
semitrailers are not required to obtain an assigned serial number or VIN. However, owners
of these non-titled trailers and semitrailers are encouraged to obtain an assigned serial
number to aid in the identification of their property in the event it is stolen. An assigned
serial number can be processed by a Regional Service Center as outlined above.
When processing a non-titled homemade or shop made vehicle, that does not have a VIN
or an assigned serial number, leave the VIN field blank, do not insert zeros or other “filler”
numbers or letters in the field. The license plate number will be the appropriate identifier
for these vehicles. If the vehicle is sold, and the license plate number is to be changed, the
new owner may either apply for an assigned serial number at a Regional Service Center,
or use the new license plate number as the appropriate identifier for the vehicle.
Note: Trailers with a GVW under 4,000 lbs may be optionally titled. Owners
desiring to exercise the option to title, must have a manufacturer’s assigned
VIN or have one assigned by the Department
Exempt Agency Vehicles
In obtaining an assigned number for a vehicle owned by an exempt agency, the same
procedures apply except that no fees are required for the assigned numbers.
13.8 Homemade/Shopmade House Trailers (HT Prefix
Numbers), and Trailers & Semitrailers (TR Prefix
Numbers)
Transportation Code Section 501.032
(a) On proper application, the department shall assign a vehicle identification
number to a travel trailer, a trailer or semitrailer, a frame, or an item of
equipment, including a tractor, farm implement, unit of special mobile
equipment, or unit of off-road construction equipment:
(1) on which a vehicle identification number was not die-stamped by the
manufacturer; or
(2) on which a vehicle identification number die-stamped by the manufacturer
has been lost, removed, or obliterated; or
(3) for which a vehicle identification number was never assigned.
(b) The applicant shall die-stamp the assigned vehicle identification number at the
place designated by the department on the travel trailer, trailer, semitrailer,
frame, or equipment.
(c) The manufacturer’s vehicle identification number or the vehicle identification
number assigned by the department shall be affixed on the carriage or axle part of
the travel trailer, trailer, or semitrailer. The department shall use the number as
the major identification of the vehicle in the issuance of a title.
(d) Only the department may issue vehicle identification numbers.
Homemade/Shopmade House Trailers (HT Prefix Numbers), and Trailers & Semitrailers (TR Prefix Numbers)
Motor Vehicle Title Manual 13-11 TxDMV April 2015
All homemade or shopmade house (travel) trailers, and homemade or shopmade trailers or
semitrailers that are required to be titled must be issued an assigned serial number.
Assigned serial numbers may also be issued for non-titled homemade or shopmade
trailers, semitrailers, farm trailers and farm semitrailers if the owner chooses to have an
assigned serial number issued. These include:
• trailers that have an empty weight of 4,000 lbs. or less
• semitrailers that have a gross weight of 4,000 lbs. or less
• farm trailers or farm semitrailers that have a gross weight of 34,000 lbs. or less
Note: The owner of a farm semitrailer (not a farm trailer) that has a gross weight of
over 4,000 lbs. and not more than 34,000 lbs. may be issued a title if the owner
so chooses. An assigned serial number would be required in order to issue a
title in this case.
If a serial number cannot be located on a house (travel) trailer, trailer or semitrailer, the
owner must apply on the Application for Assigned or Reassigned Number, Form
VTR-68-A, for an assigned serial number from this department.
For trailers, semitrailers, and house (travel) trailers on which the manufacturer’s serial
number has been removed, changed, or obliterated, the applicant takes the completed
Application for Assigned or Reassigned Number, Form VTR-68-A, $2.00 fee, and the
trailer, semitrailer, or house (travel) trailer to the nearest TxDMV Regional Service
Center.
If a reassigned serial number is issued to a:
• Trailer or semitrailer affix the reassigned VIN decal to the permanent part of the trailer
on the lower front right side.
• House (travel) trailer affix the reassigned VIN decal on the right front of the frame, on
an open part and in an accessible place, which extends beyond the body.
Note: Assigned serial numbers may also be issued for non-titled, homemade or
shopmade trailers, semitrailers, farm trailers, and semitrailers if the owner
chooses to have an assigned serial number issued.
Application
Application for an assigned serial number for a house (travel) trailer, trailer, or semitrailer
must be made on the Application for Assigned or Reassigned Number, Form VTR-68-A.
The inspection report on the application must be completed by a law enforcement officer
as described in Inspection.
A photograph of “shopmade” and “homemade” trailers, semitrailers, and house trailers is
required to support the Form VTR-68-A.
The application, together with a $2.00 fee and evidence of ownership, may be either
mailed or submitted in person to the nearest TxDMV Regional Service Center. A Tax
Collector’s Hearing or court order establishing ownership in the applicant’s name is
required to support the application when the manufacturer’s serial number has been
removed, changed, or obliterated and the true identity of the vehicle cannot be determined.
After Installation of Assigned Numbers
Motor Vehicle Title Manual 13-12 TxDMV April 2015
Installation
Upon approval of the application, the department provides a Notice of Assigned Number
or Installation of Reassigned Vehicle Identification Number, Form VTR-68-N, providing
the assigned number to the applicant.
• Assigned house trailer serial numbers have an “HT” prefix followed by six digits.
These assigned numbers must be die stamped in an accessible place on the frame that
extends beyond the house trailer body.
• Assigned serial numbers for trailers and semitrailers have a “TR” prefix followed by
six digits. These assigned serial numbers must be die stamped on the right side of a
permanent part of the frame forward of the axle or tandem assembly.
After the assigned number has been die-stamped on the vehicle, the Form VTR-68-N
must be signed by the owner and an application for Texas title should be filed supported
by the completed Form VTR-68-N, a copy of the approved Form 68-A and evidence of
ownership for the vehicle.
13.9 After Installation of Assigned Numbers
When an assigned vehicle identification number, serial number, or motor number which
constitutes the motor vehicle identification number VIN of a particular vehicle, has been
placed on the vehicle and the Notice of Assigned Number or Installation or Reassigned
Vehicle Identification Number, Form VTR-68-N, has been properly completed, an
application for corrected title must be filed with the applicant’s county tax
assessor-collector’s office. The application for Texas title should record the new number
assigned by the department. The following evidence must support the application:
• The Notice of Assigned Number or Installation of Reassigned Vehicle Identification
Number, Form VTR-68-N, (properly completed) must be attached to the transaction.
If the applicant has lost the Form VTR-68-N, a certification of the assigned number
should be obtained from the department and attached to the application. The
department charges the usual inquiry and certification fees for the certification of a
number.
• Copy of the approved Form 68-A.
• Proper evidence of ownership covering the vehicle must be submitted with the
transaction. (Texas title, out of state title, registration receipt from non-title state, court
order, bills of sale, affidavit of ownership, etc.)
• The current Texas registration receipt must be attached.
• When an application is supported by out of state evidence, a Vehicle Inspection Report
or an Out-of-State Identification Certificate, Form VI-30, issued by a State appointed
Safety Inspection Station must be attached verifying that the assigned number was
placed on the vehicle. Either of these documents, when used for VIN verification,
must be an original containing an original signature of the inspector. A copy is not
acceptable.
• If the vehicle is a “Rebuilt,” “Assembled,” or “Strip down” then additional evidence is
required, such as a photograph or Rebuilt Vehicle Statement, Form VTR-61.
Cancellation of Assigned Number
Motor Vehicle Title Manual 13-13 TxDMV April 2015
Assigned Equipment Numbers
Assigned and Reassigned Equipment Numbers are available for tractors, farm
implements, special mobile equipment, and off road construction equipment. The
procedure for applying for an assigned or reassigned number for equipment is the same as
for other vehicles; however, the department issues no vehicle identification number decal.
The applicant must die-stamp the number issued to them by the Regional Service Center
on the equipment.
Assigned Component Part Numbers
Correction of title is not necessary when an assigned component part number is issued
unless the identifying number on such component part is the VIN of a particular vehicle.
Trailers, Semitrailers, and House (Travel) Trailers
For trailers, semitrailers, and house (travel) trailers on which a manufacturer’s serial
number has never been assigned, the applicant must take the completed Application for
Assigned or Reassigned Number, Form VTR-68-A, $2.00 fee, and proof of ownership to
the nearest TxDMV Regional Service Center. The trailer, semitrailer, or house (travel)
trailer is not required to be taken to the Regional Service Center. On trailers and
semitrailers, affix the assigned VIN to the permanent part of the trailer on the lower front
right side. On house (travel) trailers, affix the assigned VIN on the right front of the frame,
on an open part and in an accessible place, which extends beyond the body.
13.10 Cancellation of Assigned Number
If a person to whom an assigned VIN, motor number, or serial number has been issued
finds that the assigned number is unnecessary, the Notice of Assigned Number or
Installation of Reassigned Vehicle Identification Number, Form VTR-68-N, should be
returned to the department for cancellation with a statement explaining the reason the
number was not used.
13.11 Number Assigned by Another State
Evidence showing a motor, serial, or VIN assigned by another state may be submitted to
support an application for Texas title.
If the vehicle is a Ford product manufactured since March 31, 1932, the frame or body
number (not the assigned motor number) must be shown on the application for Texas title.
The reason is that assigned numbers issued by some states are stamped on the motor block
on Ford products, and Texas recognizes the number on the frame or body on Ford
products manufactured since March 31, 1932.
13.12 VIN Standards (Processing of ‘I’ and ‘O’)
VIN standards were adopted by the National Highway Traffic Safety Administration in
1981. It required all highway legal vehicles to contain a 17-character VIN, which does not
include the letters I (i), O (o), or Q (q) to avoid confusion with the numbers 1 and 0.
Seized and Forfeited Vehicles
Motor Vehicle Title Manual 13-14 TxDMV April 2015
RTS is programmed to conform to the above VIN Standards. RTS will allow the letter Q
in the VIN; however, if the letters I (i) or O (o) is entered in the VIN, RTS automatically
changes these to 1 or 0. For example if NEWBOGUSVIN123456 or OLDSHORTVIN are
entered into RTS, they will be changed to NEWB0GUSV1N123456 or 0LDSH0RTV1N.
This feature of RTS generally helps reduce the number of errors entered into the system
since it conforms to standards after 1981.
There are two small subsets of vehicles where this is not an advantage. The first is vehicles
manufactured prior to the 1981 standards that may have a legitimate I (i) or O (o) in the
VIN by the manufacturer. The second is assigned VINs from another state that may
include the letters I (i) or O (o) in the VIN. Since RTS changes these characters, all titles
and all receipts will only print 1 (one) and 0 (zero) in these cases.
13.13 Seized and Forfeited Vehicles
If the manufacturer’s identification number has been removed, changed, or obliterated on
any vehicle or component part which has been seized and ordered forfeited to the State
under the provisions of Transportation Code Section 501.158 or on any abandoned vehicle
taken into custody by a law enforcement agency under the provisions of the Abandoned
Motor Vehicle Act, Conflict of Laws; Effect on Other Laws, an assigned number must be
obtained and affixed to the vehicle or component part prior to the sale or disposition of the
vehicle or component. The department issues the selling or disposing agency an assigned
number at no charge.
13.14 Recovered Out of State Stolen Vehicles
When an out of state stolen vehicle with a fraudulent VIN is recovered in Texas, the
incorrect VIN must be removed. To assist in law enforcement efforts, an assigned or
reassigned VIN may be issued to a stolen vehicle that is recovered in Texas, regardless of
whether or not the rightful owner of the vehicle is a Texas resident. The law enforcement
agency removes the fraudulent VIN and applies to a magistrate to declare the recovered
vehicle stolen and to issue an order requiring its return to the rightful owner (under
Chapter 47, Code of Criminal Procedure).
Law enforcement completes and submits an Application for Assigned or Reassigned
Number, Form VTR-68-A to the Regional Service Center. The Regional Service Center
then issues the assigned or reassigned VIN at no charge to the law enforcement agency.
The Regional Service Center provides a Notice of Assigned Number or Installation of
Reassigned Vehicle Identification Number, Form VTR-68-N and a copy of the completed
Form VTR-68-A to the submitting law enforcement agency. Disposition of the assigned
or reassigned VIN, forms, recovered vehicle, etc. is at the discretion of the law
enforcement agency.
Justice of the Peace (JP) Orders
Refer to Chapter 21, Section 21.5 Justice of the Peace Orders.
13.15 Violation by County Assessor-collector; Penalty
Transportation Code Section 502.480
Violation by County Assessor-collector; Penalty
Motor Vehicle Title Manual 13-15 TxDMV April 2015
(a) A county assessor-collector commits an offense if the county assessor-collector
knowingly accepts an application for the registration of a motor vehicle that:
(1) has had the original motor number or vehicle identification number removed,
erased, or destroyed; and
(2) does not bear a motor number or vehicle identification number assigned by
the department.
(b) An offense under this section is a misdemeanor punishable by a fine of not less
than $10 and not more than $50.
Motor Vehicle Title Manual 14-1 TxDMV April 2015
Chapter 14
VEHICLE TYPES
This chapter contains the following sections:
• 14.1 Definitions
• 14.2 Multi Purpose Type Vehicles
• 14.3 Motorcycle
• 14.4 Moped
• 14.5 Neighborhood Electric Vehicles
• 14.6 Farm Tractor/Road Tractor
• 14.7 Implements of Husbandry
• 14.8 Trailer/Semitrailer
• 14.9 Homemade/Shopmade Trailers or Semitrailers
• 14.10 Farm Trailer/Farm Semitrailer
• 14.11 Machinery/Permit Vehicle Plates
• 14.12 Trailer Jockey
• 14.13 House, Camper, and Travel Trailers
• 14.14 Park Model Trailers
• 14.15 Mobile Office Trailers
• 14.16 Motor Homes
• 14.17 Former Military Vehicle
• 14.18 Golf Carts and Other Miniature Type Vehicles
• 14.19 Off-Highway Use Vehicles
14.1 Definitions
Transportation Code Section 501.002 (17)
In this chapter:
(1) “Motor vehicle” means:
(A) any motor driven or propelled vehicle required to be registered under the
laws of this state;
(B) a trailer or semitrailer, other than manufactured housing, that has a
gross vehicle weight that exceeds 4,000 pounds;
(C) a travel trailer;
(D) an all-terrain vehicle or a recreational off-highway vehicle, as those
terms are defined by Section 502.001, designed by the manufacturer for
off-highway use that is not required to be registered under the laws of this
state; or
(E) a motorcycle, motor-driven cycle, or moped that is not required to be
registered under the laws of this state.
Multi Purpose Type Vehicles
Motor Vehicle Title Manual 14-2 TxDMV April 2015
Transportation Code Section 502.001 (7) (39-a)
(7) “Commercial motor vehicle” means a motor vehicle, other than a motorcycle,
designed or used primarily to transport property. the term includes a passenger car
reconstructed and used primarily for delivery purposes. the term does not include a
passenger car used to deliver the United States mail.
(39-a) “Shipping weight” means the weight generally accepted as the empty weight of a
vehicle.
Transportation Code Section 548.001 (1)
(1) “Commercial motor vehicle” means a self-propelled or towed vehicle, other
than a farm vehicle with a gross weight, registered weight, or gross weight
rating of less than 48,000 pounds, that is used on a public highway to
transport passengers or cargo if:
(A) the vehicle, including a school activity bus as defined in Section 541.201,
or combination of vehicles has a gross weight, registered weight, or gross
weight rating of more than 26,000 pounds;
(B) the vehicle, including a school activity bus as defined in Section 541.201,
is designed or used to transport more than 15 passengers, including the
driver; or
(C) the vehicle is used to transport hazardous materials in a quantity
requiring placarding by a regulation issued under the Hazardous
Materials Transportation Act (49 U.S.C. Section 5101 et seq.).
Transportation Code Section 541.201 (7) (12)
(7)“Light truck” means a truck, including a pickup truck, panel delivery truck, or carryall
truck, that has a manufacturer’s rated carrying capacity of 2,000 pounds or less.
(12)“Passenger car” means a motor vehicle, other than a motorcycle, used to transport
persons and designed to accommodate 10 or fewer passengers, including the operator.
14.2 Multi Purpose Type Vehicles
Multi purpose vehicles, such as Sport Utility Vehicles (SUVs) have the option of
registration with either passenger or truck license plates. The body style of this type of
vehicle could appear as “Suburban,” “Explorer,” “4Runner,” “Escalade,” etc. Refer to the
listing of standard codes for body styles for the proper abbreviation of SUVs.
14.3 Motorcycle
Motorcycle has the definition assigned by either Transportation Code, Section 521.001, or
Transportation Code, Section 541.201. Regardless of which definition the motor vehicle
meets, it is titled and registered as a motorcycle. However, depending on which definition
a motorcycle may fall under will impact how the Texas Department of Public Safety
recognizes the vehicle for licensing operators and inspecting the vehicle. Questions
pertaining to operator licenses, vehicle inspections, safety course requirements, and head
gear requirements should be directed to the TxDPS Motorcycle/ATV Safety Unit at (512)
424-2021 or motorcycle.safety@dps.texas.gov.
Moped
Motor Vehicle Title Manual 14-3 TxDMV April 2015
Title requirements for motorcycles are the same as for other motor vehicles.
Transportation Code Section 501.002 excludes motorcycles, motor driven cycles, and
mopeds designed for and used exclusively on golf courses from the definition of “motor
vehicle.” These vehicles should not be titled.
All other motorcycles, except as stated above, are titled regardless of whether or not they
require registration.
Motorcycle
Transportation Code, Section 541.201, contains the definition of a motorcycle as it is
generally termed. In this section, motorcycle means “a motor vehicle, other than a tractor,
that is equipped with a rider’s saddle and designed to have when propelled not more than
three wheels on the ground.”
Enclosed Three Wheeled Motorcycles
Effective September 1, 2009, Transportation Code, Section 521.001, provides an
additional definition for a motorcycle. In this section, a motorcycle includes an enclosed
three-wheeled passenger vehicle that:
• is designed to operate with three wheels in contact with the ground
• has a minimum unladen weight of 900 pounds
• has a single, completely enclosed passenger compartment
• has a steering wheel
• has seats and seat belts for each vehicle occupant that the manufacturer certifies meet
Federal Motor Vehicle Safety Standards
• has a windshield and one or more windshield wipers that the manufacturer certifies
meet Federal Motor Vehicle Safety Standards
• is a vehicle structure that the manufacturer certifies meets Federal Motor Vehicle
Safety Standards
• has a propulsion unit located in front of or behind the enclosed occupant compartment
• is produced by its manufacturer in a minimum quantity of 300 in a calendar year
14.4 Moped
Section 541.201, Transportation Code, defines moped as a motor driven cycle that cannot
attain a speed of more than 30 mph for a distance of one mile, an engine which cannot
produce more than two brake horsepower, an internal combustion engine with a piston
displacement of 50cc or less and connects to a power drive system that does not require
the operator to shift gears. A vehicle meeting these criteria and certified as a moped by the
Department of Public Safety (DPS) may register and title as a moped. If the vehicle does
not appear on the list of certified mopeds, the applicant must contact the DPS to have the
moped type added to the approved list. If the vehicle is not a pocket bike or mini
motorcycle, as defined in Section 551.351, and meets all federal and state manufacturer
requirements, it is a motorcycle.
Neighborhood Electric Vehicles
Motor Vehicle Title Manual 14-4 TxDMV April 2015
Effective September 1, 1983, no person other than a dealer may register, sell, trade, or
otherwise transfer a moped within this state unless a certificate of title is applied for and
issued in the name of the owner.
New
All new mopeds sold on and after September 1, 1983, transfer on a Manufacturer’s
Certificates of Origin (MCO) except those which a dealer had in stock prior to that date
and for which the dealer cannot obtain an MCO. Dealers may transfer these on an invoice
or bill of sale, provided the bill of sale includes a statement verifying the fact that the
vehicle was in the dealer’s stock prior to September 1, 1983.
Used
Dealers should transfer used mopeds in a stock prior to September 1, 1983 to purchasers
using an Dealer’s Reassignment of Title for a Motor Vehicle, Form VTR-41-A. Any used
mopeds purchased or taken in trade by a dealer on or after September 1, 1983, may
transfer to the dealer on an assigned certificate of title that the dealer may then reassign to
a retail purchaser.
Transfers
Owners or dealers must obtain a certificate of title in their name before registering a
vehicle or transferring it to another owner. The basic evidence of ownership should be one
of the following:
• An MCO properly completed and assigned to the applicant.
• An invoice signed by an agent of the company or firm selling the moped. The date of
the sale shown on the invoice must be prior to September 1, 1983.
• A bill of sale properly completed by the seller and dated prior to September 1, 1983.
• A previous year’s license receipt in the name of the owner as of September 1, 1983.
VIN
The frame serial number is the vehicle identification number on all applications for
certificate of title covering mopeds. If a moped does not have a serial number die stamped
on the frame, owners may obtain an assigned vehicle identification number (“TEX”
number) from the department and die-stamp it on the frame prior to title application.
14.5 Neighborhood Electric Vehicles
A Neighborhood Electric Vehicle (NEV) is a motor vehicle that can attain a maximum
speed of 35 miles per hour on a paved level surface and otherwise complies with Federal
Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
Registration and Title
A NEV is required to be titled in order to be registered for operation on public roads.
Neighborhood Electric Vehicles
Motor Vehicle Title Manual 14-5 TxDMV April 2015
A NEV requires the same financial responsibility or liability of insurance as a vehicle
when operating as a motor vehicle. As of September 1, 2013, a NEV no longer requires
the same financial responsibility or liability insurance as a vehicle when operated as a golf
cart.
The NEV must meet Federal Motor Vehicle Safety Standard 500 (49 C.F.R. §571.500) for
low-speed vehicles and have a 17-digit VIN.
Neighborhood electric vehicles must be titled with a body style of “NV NHOOD ELEC”
and registered as either a truck or a passenger vehicle.
Evidence of Ownership
Acceptable documents for evidence of ownership for neighborhood electric vehicles
include Certificates of Title indicating a body style of neighborhood electric vehicle (“NV
NHOOD ELEC”) or a Manufacturer’s Certificate of Origin with a statement that the
vehicle meets Federal Motor Vehicle Safety Standard 500 (49 C.F.R. §571.500).
Some neighborhood electric vehicles in Texas were previously titled with the body style
of golf cart (GC) and out of state titles may show other body styles. In order to title and
register these vehicles as neighborhood electric vehicles (“NV NHOOD ELEC”) the
vehicle must have a conforming 17-digit VIN. If a vehicle does not meet this criterion it
cannot be titled or registered as a neighborhood electric vehicle.
Operation
A neighbor electric vehicle:
• may be operated only on a street or highway for which the posted speed limit is 45
miles per hour or less and is subject to all traffic and other laws applicable to motor
vehicles
• may cross a road or street at an intersection where the road or street has a posted speed
limit of more that 35 miles per hour
• may not be operated on a street or highway if:
• the governing body of a county or city determines that prohibiting such operation
is necessary in the interest of safety; or
• the department determines that prohibiting such operation is necessary in the
interest of safety.
Neighborhood Transportation Vehicles
Effective September 1, 2003, the law changed to address new styles of neighborhood
transportation, including certain motor-assisted scooters that are not registered or titled. In
these instances, either a city or county government has ruling jurisdiction over its roads
(primarily for prohibition for their operation). The owner of any electric personal assistive
mobility devices, as defined by Transportation Code, Section 551.201, is not required to
register this type of device. These devices may only operate on a residential street,
roadway or public highway in accordance with Transportation Code, Section 551.202 and
local ordinance.
Farm Tractor/Road Tractor
Motor Vehicle Title Manual 14-6 TxDMV April 2015
14.6 Farm Tractor/Road Tractor
Owners must title and register farm tractors used for hire to move commodities over the
highway and road tractors used to mow the right of way.
14.7 Implements of Husbandry
The term “motor vehicle” does not apply to implements of husbandry and cannot be titled.
Implements of husbandry means farm implements, machinery, and tools as used in tilling
soil, including self-propelled machinery specifically designed or adapted for applying
plant food materials or agricultural chemicals but not specifically designed or adapted for
the sole purpose of transporting the materials or chemicals. The term does not include a
passenger car or truck.
14.8 Trailer/Semitrailer
The owner (except Texas licensed dealers) of any trailer or semitrailer with a gross weight
in excess of 4,000 pounds must apply for a Texas Certificate of Title for the vehicle. When
a trailer or semitrailer is required to be registered but not titled, the owner of the vehicle
should retain the evidence of ownership presented to the county tax assessor-collector’s
office. Owners of trailers under 4,000 pounds have the option to title their trailers but are
not required to do so.
Definitions
A trailer is a vehicle that is designed or used to carry a load completely on the trailer’s
own structure and is drawn by a motor vehicle.
A semitrailer means a vehicle that is designed or used with a motor vehicle so that part of
the weight of the vehicle and its load rests on or is carried by another vehicle.
A semitrailer, to be subject to Texas title, should have a gross weight in excess of 4,000
pounds. All semitrailers licensed with “token trailer” plates must be titled, since the gross
weight of these vehicles should be in excess of 6,000 pounds to qualify for the plates.
When applying for title, the customer should have a weight certificate for trailers and out
of state semitrailers. The gross weight of a trailer or semitrailer is the actual weight of the
vehicle plus its net carrying capacity.
Serial Numbers
The principal means of identification for trailers and semitrailers is the serial number. All
trailers and semitrailers must have a serial number. The owner of a non-titled trailer or
semitrailer may choose to obtain an assigned serial number to aid in the identification of
their property in the event it is stolen, but it is not required. (See Non-Titled Vehicles in
Chapter 13, Section 13.7 Assignment of Identification Number by Department (TEX
Prefix Numbers))
Lack of Serial Number
If a serial number is missing on a trailer or semitrailer, the owner should apply for an
assigned serial number (Refer to Chapter 13, “Vehicle Identification Numbers”).
Homemade/Shopmade Trailers or Semitrailers
Motor Vehicle Title Manual 14-7 TxDMV April 2015
Trailers Without Frames
Refer to Trailers Without Frames in Chapter 13, “Vehicle Identification Numbers”.
Evidence of Ownership
A Manufacturer’s Certificate of Origin (MCO) is required to support the application for
Texas title for a new trailer or semitrailer. While “secure” MCOs are not required for
trailers titled in Texas, their use is recommended because some states require “secure”
MCOs on title transfers. A weight certificate is required if the trailer’s empty weight is not
indicated on the MCO.
Out of State Trailers
Acceptable evidence of ownership on used trailers and semitrailers from out of state is as
follows:
• The certificate of title is required for all trailers and semitrailers from title states.
• The registration receipt is required for all trailers and semitrailers from non-title states.
A weight certificate as certified by a public scale or a TxDPS commercial vehicle
enforcement officer is required.
Applicants should include a Vehicle Inspection Report or an Out-of-State Identification
Certificate, Form VI-30, issued by a state Safety Inspection Station, with each application
for Texas title for out of state trailers and semitrailers except as provided in Transportation
Code Section 501.030.
Applicants should submit a “Travel Trailer” or “Park Model Trailer” Verification, Form
VTR-141, with applications for title for out of state travel trailers.
Empty Weight
The space for weight on Form 130-U should record the empty weight of a trailer or
semitrailer.
14.9 Homemade/Shopmade Trailers or Semitrailers
A homemade or shopmade trailer or semitrailer is required to be titled if the gross weight
exceeds 4,000 pounds. Trailers 4,000 pounds and under may be titled at the owner’s
discretion. All vehicles requiring (or choosing to have) a title should have a serial number
or VIN, and may require completion of a Notice of Assigned Number or Installation of
Reassigned Vehicle Identification Number, Form VTR-68-N. (See Chapter 13, “Vehicle
Identification Numbers”)
Titled Homemade Trailers and Semitrailers
Owners should sign the Prescribed Form for Statement of Fact for Ownership of
Homemade/Shopmade Trailer, Semitrailer, or Travel Trailer, Form VTR-305-A. If the
trailer is shopmade for the owner (by someone else to the owner’s specifications) the
following should show on or accompany the form:
• The name of the person who built the trailer or semitrailer.
• The make of trailer or semitrailer is listed as “Homemade” on Form 130-U.
• The year model of the trailer or semitrailer (The year it was built).
Farm Trailer/Farm Semitrailer
Motor Vehicle Title Manual 14-8 TxDMV April 2015
• A vehicle identification number or an assigned serial number issued by TxDMV with
submission of a completed VTR-68-N attached to the transaction.
• A certified weight certificate.
• A bill of sale.
Non-Titled Homemade Trailers and Semitrailers:
The owner is not required to complete the Form VTR-305-A, obtain an assigned serial
number, or apply for title if a homemade trailer or semitrailer is exempt from the
Certificate of Title Act either by:
• Having a gross weight of 4,000 pounds or less, or
• Having a gross weight exceeding 4,000 lbs but less than 34,001 lbs and being used as
a vehicle operated solely for the transportation of farm products (not for hire) as
provided for under the provisions of Section 502.433.
However, owners of these non-titled trailers and semi-trailers are encouraged to obtain an
assigned serial number to aid in the identification of their property in the event it is stolen.
(See Non-Titled Vehicles in Chapter 13, Section 13.7 Assignment of Identification
Number by Department (TEX Prefix Numbers))
Note: If the vehicle ceases to operate in accordance with provisions of Section
502.443, the owner must obtain title as outlined in Titled Homemade Trailers
and Semitrailers. If the applicant is not the original owner, the application for
Texas title must also be supported by a bill of sale.
Optional Title for Trailers under 4,000 Pounds
Transportation Code Section 501.037
(a) Notwithstanding any other provision of this chapter, the department may issue
a title for a trailer that has a gross vehicle weight of 4,000 pounds or less if all
other requirements for issuance of a title are met.
(b) To obtain a title under this section, the owner of the trailer must:
(1) apply for the title in the manner required by Section 501.023; and
(2) pay the fee required by Section 501.138.
The department may issue a title for a trailer that has a gross vehicle weight of 4,000
pounds or less, if all other requirements for issuance of a title are met, including
assignment of VIN. The application for Texas title is optional for the owner. The owner
must apply for the title in the usual manner, in accordance with Texas Transportation
Code, Sections 501.023 and 501.138.
14.10 Farm Trailer/Farm Semitrailer
Transportation Code Section 501.036
(a) Notwithstanding any other provision of this chapter, the department may issue
a title for a farm semitrailer with a gross weight of more than 4,000 pounds if:
(1) the farm semitrailer is eligible for registration under Section 502.146; and
Farm Trailer/Farm Semitrailer
Motor Vehicle Title Manual 14-9 TxDMV April 2015
(2) all other requirements for issuance of a title are met.
(b) To obtain a certificate of title under this section, the owner of the farm semitrailer
must:
(1) apply for the title in the manner required by Section 501.023; and
(2) pay the fee required by Section 501.138.
(c) The department shall adopt rules and forms to implement and administer this
section.
Farm trailers and farm semitrailers are considered trailers or semitrailers designed and
used primarily as a farm vehicle with a gross weight of 34,000 pounds or less.
Farm trailers or farm semitrailers:
• are owned by farmers used exclusively to:
• transport seasonally harvested agricultural products or livestock from the place of
production to the place of processing, market, or storage;
• farm supplies from the place of loading to the farm; and
• cannot operate for hire.
Trailers owned by a cotton gin and loaned to a farmer to transport products from place of
production to place of process (not for hire), fertilizer trailers used to transport fertilizer to
the farm and return without charge, and trailers hauling cottonseed between place of
supply or storage to farms or place of process and return without charge are considered
farm trailers.
Title Requirements
Farm trailers and farm semitrailers are exempt from the Certificate of Title Act.
Regardless of the evidence of ownership presented, the owner should retain that evidence.
Note: Owners of farm semitrailers in excess of 4,000 pounds gross weight may apply
for title as provided in Transportation Code Section 501.036 (see Farm
Semitrailers).
Light Trailers
A farm trailer or farm semitrailer with a gross weight not exceeding 4,000 pounds is
exempt from registration and title. This type of vehicle should be sold by a bill of sale; and
when sold, if the purchaser is not a farmer, the purchaser must register the vehicle with
regular trailer license plates if the trailer will be pulled on a public road.
Heavy Trailers
A farm trailer or farm semitrailer with a gross weight in excess of 4,000 pounds, but not
exceeding 34,000 pounds, is exempt from title requirements and qualifies for a $5.00
distinguishing license plate. This type trailer should be sold on a bill of sale. Exceptions
are those owners desiring a title for farm semitrailers in excess of 4,000 pounds that may
be issued a certificate of title as provided in Transportation Code Section 501.036.
Machinery/Permit Vehicle Plates
Motor Vehicle Title Manual 14-10 TxDMV April 2015
Trailer Sales
If a farm trailer or semitrailer is not issued a certificate of title (non-titled trailer), these
trailers may be sold on a bill of sale. If sold to a:
• Farmer, the $5.00 plate may be transferred by the use of the Tax Collector’s Receipt
for Title Application/Registration/Motor Vehicle Tax, Form VTR-500-RTS or Form
VTR-31-RTS.
• Non-farmer, the $5.00 plate should be surrendered to the county tax
assessor-collector’s office. The trailer must be registered with regular registration if it
will be pulled on a public road. If the trailer requires a title, the purchaser should file
an application for Texas title supported by a bill of sale and a certified weight
certificate.
Farm Semitrailers
Transportation Code Section 501.036 provides that TxDMV may issue a title for a farm
semitrailer (not a farm trailer) with a gross weight of 4,000 lbs or more if:
• The farm semitrailer is eligible for registration under Transportation Code, Section
502.146.
• The owner applies for a certificate of title under Transportation Code Section 501.023.
• The owner pays the required fees under Transportation Code Section 501.138. If an
application for Texas title is filed, they should surrender the ownership document in
support of title issuance.
Titled Semitrailers
Farm semitrailers titled under Transportation Code Section 501.036, should be transferred
by proper assignment of title from the owner to the new owner. If the new owner qualifies
for farm plates, they may file an application of title supported by the assigned title. If the
owner does not wish to title the farm semitrailer in the owner’s name, they only apply for
registration only and retain the assigned title.
Trailers In Excess of 34,000 Pounds
All trailers and semitrailers in excess of 34,000 lbs are required to be titled and registered.
Temporary Additional Weight Receipts
If a trailer or semitrailer with a gross weight of 4,000 pounds or less is issued a temporary
additional weight receipt for seasonal agricultural products and it brings the gross weight
above 4,000 pounds, the trailer/semitrailer would not be titled and would return to its
previous status when the temporary additional weight receipt expires.
14.11 Machinery/Permit Vehicle Plates
VTR issues the $5.00 distinguishing license plate in lieu of regular registration. Listed
below are vehicles eligible for the distinguishing plate. VTR does not title these vehicles.
(Refer to the TxDMV Motor Vehicle Registration Manual.)
Machinery Plates are issued to:
Trailer Jockey
Motor Vehicle Title Manual 14-11 TxDMV April 2015
• Construction machinery (unconventional vehicles)
• Water well drilling units
Permit plates are issued to:
• Oversize/overweight commercial vehicles, used solely for servicing, cleaning out,
and/or drilling oil wells and which, consist in general, of a mast, an engine for power,
a draw-works, and a chassis permanently constructed for these purpose or purposes.
• Mobile crane, which is an unladen, self-propelled vehicle constructed as a machine
and used solely to raise, shift, or lower heavy weights by means of a projecting,
swinging mast with an engine for power on a chassis permanently constructed for
these purposes.
14.12 Trailer Jockey
A pulling unit with body type Trailer Jockey can be registered as a road tractor with
Tractor license plates, or registered with Combination license plates if it is pulling a
semitrailer with a gross weight of 6,000 pounds or more. As a prerequisite to title and
registration, Trailer Jockeys, or ‘yard dogs,’ must meet the U.S. DOT and Texas safety
standards. If the evidence of ownership is a Manufacturer’s Certificate of Origin (MCO),
it should be a “secure” form. VTR also requires proof of insurance in the title applicant’s
name unless the vehicle was purchased from a dealer.
14.13 House, Camper, and Travel Trailers
Definition
For title and registration purposes, a “camper trailer” is defined as one designed for
temporary human habitation and which may expand or fold out to form a shelter, the top
and sides of which are attached to part of the trailer. Whether the trailer is equipped with
items such as beds, icebox, refrigerator, cooking stove, etc., is immaterial. Tent trailers are
also included as a camper trailer, if the trailer is a pop-up style. These trailers are titled as
travel trailers
House trailer means a trailer designed for human habitation. The term does not include
manufactured housing. All camper trailers, new or used, purchased on and after
September 1, 1967, are titled as travel trailers. VTR issues these vehicles Travel Trailer
license plates. (Refer to the TxDMV Motor Vehicle Registration Manual.)
Transportation Code Section 501.002 of the Certificate of Title Act, does not include
mobile homes under the definition of “house trailer”. House trailer type vehicles are
classified as mobile homes if they are eight body feet or more in width or 40 body feet or
more in length (not including the hitch), and are designed to operate as a dwelling with or
without a permanent foundation. Mobile homes are excluded from the provisions of the
Certificate of Title Act, but are regulated under the Texas Manufactured Housing
Standards Act administered by the Texas Department of Housing and Community Affairs.
Park Model Trailers
Motor Vehicle Title Manual 14-12 TxDMV April 2015
House trailer type vehicles and camper trailers less than eight body feet in width and less
than 40 body feet in length (not including the hitch) are “travel trailers” and are required to
be registered and titled as travel trailers. The term “house trailer” refers to travel trailers
that meet the above size criteria.
Utility Trailers
Utility trailers, which are used to transport property, camping equipment, or other items,
do not fall within this definition.
Evidence of Ownership
Evidence of ownership necessary to support an application for Texas title should be:
• New camper trailers require a secure MCO prescribed by this department.
• Used camper trailers last registered and titled in Texas as house trailers require an
assigned title.
Out of State Trailers
Camper trailers last registered out of state require an assigned title, or if from a non-title
state, the last license receipt in the applicant’s name or properly assigned.
14.14 Park Model Trailers
A “Park Model type” trailer is “recreational vehicle” by federal standards which is:
• Built on a single chassis,
• 400 square feet or less when measured at the largest horizontal projections,
• Permanently towable by a light duty truck, and
• Not designed primarily for use as a permanent dwelling.
A “Park Model” trailer should register and title as a Travel Trailer regardless of the body
style on the Manufacturer’s Certificate of Origin (MCO). If requested, Title Only can be
issued.
Evidence of Ownership
An application for Texas title on a new “Park Model” type trailer should include a secure
MCO and a “Travel Trailer” or “Park Model Trailer” Verification, Form VTR-141. A
MCO prescribed by the Department of Licensing and Regulation is unacceptable.
Move Permits
Counties should enter “Permit Required to Move” in RTS when a customer submits a
normal title transfer (includes registration). Counties should label and bundle applications
for title on “Park Model” type trailers separately for examination. The notation “PERMIT
REQUIRED TO MOVE” appears on the face of the title and all subsequent titles issued.
Mobile Office Trailers
Motor Vehicle Title Manual 14-13 TxDMV April 2015
14.15 Mobile Office Trailers
Mobile office trailers, mobile oil field laboratories, and mobile oil field bunkhouses are
not designed as a dwelling and, therefore, are not classified as travel trailers or
manufactured housing, regardless of size. These vehicles are classified as commercial
semitrailers and should be registered and titled appropriately (or display a 72-Hour
Permit) if operated upon public streets and highways. If the body style is designated as
mobile office, mobile oil field laboratory, or mobile oil field bunkhouse, the weight shown
on the certificate of origin is acceptable as the fixed weight of the vehicle for registration
purposes. If no weight is shown on the certificate of origin, a weight certificate is required.
The “1/3 minimum carrying capacity” rule does not apply to these vehicles. Photographs
or brochures are not required except in instances when a mobile home has been altered for
use as a mobile office, bunkhouse, or laboratory.
14.16 Motor Homes
Motor vehicles adapted or designed for habitation.
Definition
“Motor Homes” are self propelled vehicles constructed with built in kitchens, sleeping
facilities, etc. The body of a motor home is designed so when attached to the chassis, the
body completely envelops or covers the chassis and engine of the motor home vehicle.
Vehicles so constructed are registered with passenger license plates. Only one
manufacturer’s certificate is required, and it should originate from the manufacturer. The
manufacturer’s certificate lists the make and year model of the body and the vehicle
identification number of the chassis. Application for title should record the description of
vehicle as it appears on the manufacturer’s certificate, and the body style should appear as
“Motor Home” (abbreviated “MH”). A photo describing the vehicle is required if the body
style is not indicated as “Motor Home” on the “final-stage” Manufacture’s Certificate. A
weight certificate verifying the gross weight is required only if the weight is not shown on
the final stage MCO.
Mounted Units
If a camper unit is designed so that it is mounted directly and permanently on the chassis
of a vehicle (verified by a photograph of the exterior of the vehicle), owners should
register them with passenger plates. The vehicle should be weighed and include the weight
of the cab, chassis, and camping unit, and should be registered for that weight. The body
style should appear as “Motor Home” (abbreviated “MH”) on the title and registration
receipt.
Motor Homes
Motor Vehicle Title Manual 14-14 TxDMV April 2015
Converted Trucks and Buses
Used trucks, truck-tractor and buses, which have been reconstructed or converted to
contain living quarters, should be titled as Motor Homes and register with passenger
plates. Owners should support the title application with a photograph of the interior and
exterior, a weight certificate verifying the gross weight, and a Rebuilt Vehicle Statement,
Form VTR-61 explaining the alteration. The make, year model, and vehicle identification
number should be the same as that shown on the title covering the truck, truck-tractor or
bus.
Note: When the certificate of title is issued for this type of vehicle, the notation
“Reconstructed” appears.
Converted Vans
New Vans
New vans which have been purchased by the recreational vehicle industry and converted
for living or camping purposes by the addition of items such as beds, tables, ice boxes,
refrigerator, carpet, etc., should title as Motor Homes and register with passenger plates.
The make, year model, and vehicle identification number should be the same as that
designated on the manufacturer’s certificate of origin covering the van. A weight
certificate verifying the weight and a photo of the interior are required to support the
transaction.
Note: If the transaction is also accompanied by a second stage Manufacturer’s
Certificate of Origin (MCO) from the firm making the conversion, VTR may
waive the requirement of a photo and weight certificate. In order for the
weight certificate to be waived, the weight of the completed vehicle must be
shown on the second stage MCO. The weight should be greater than the
weight shown on the first stage MCO.
Chopped, Cutaway, or Incomplete
Chopped, cutaway, or incomplete vans that are purchased as component parts by the
Recreational Vehicle industry and used in the construction of Motor Homes should
register with passenger plates and title as “Motor Homes.” Manufacturer’s certificates
from both the first and second stage manufacturers are required. Application for title
should record the make and year model as shown on the second-stage manufacturer’s
certificate that is issued by the manufacturer of the body, and the vehicle identification
number should be the same number as designated by the first stage manufacturer. Owners
should support the transaction with a photo or pictorial literature describing the vehicle.
Also, a weight certificate should accompany the transaction, unless the weight of the
completed vehicle is shown on the second stage manufacturer’s certificate and the weight
is greater than the weight shown on the first stage manufacturer’s certificate.
Former Military Vehicle
Motor Vehicle Title Manual 14-15 TxDMV April 2015
Note: On first and second-stage Manufacturer’s Certificate of Origin (MCO): The
first-stage MCO need not show a year model. While only the second-stage
MCO is required on motor homes, take care to confirm the correct vehicle
information.
The first-stage MCO is issued by the manufacturer of the chassis (i.e.: Ford, Chevrolet,
GMC, etc.) and title is issued by the VIN assigned on that MCO. The second-stage MCO
is issued for the finished product by a different manufacturer (i.e.: Winnebago, Holiday
Rambler, Pace Arrow, etc.) and title is issued using the Year, Make and Body Style listed
on the second-stage MCO.
However, RTS and DTA include Vehicle Identification Numbering Association (VINA)
software that is programmed to read the VIN and automatically populate the Year, Make,
and Body Style fields. The VINA program populates the information from the first-stage
MCO incorrectly. The record shows chassis information from the first-stage MCO
(Example: 2004; Ford; Chassis), instead of the final product information from the
second-stage MCO (2005; Winnebago; Motor Home).
Note: Counties need to confirm the correct Year, Make, and Body Style fields are
entered on applications submitted with multi-stage MCOs, including DTA
disks.
14.17 Former Military Vehicle
Transportation Code Section 501.035
(a) Notwithstanding any other law, the department shall issue a title for a former
military vehicle if all requirements for issuance of a title are met.
(b) In this section, “former military vehicle” has the meaning assigned by Section
504.502(i).
14.18 Golf Carts and Other Miniature Type Vehicles
Transportation Code, Section 502.001 (18), defines “golf cart” as a motor vehicle
designed by the manufacturer primarily for use on a golf course. Effective September 1,
2009, Transportation Code, Section 551.402, prohibits registration of golf carts regardless
of any alteration made to the golf cart. Transportation Code, Section 551.403, allows for
use of the golf cart on some public roads. Refer to the TxDMV Motor Vehicle
Registration Manual for additional information.
Title Requirements
As of September 1, 2009, VTR no longer issues titles for golf carts. Any existing title
remains valid until the vehicle is sold. An exception for select counties, allows for the
issuance of golf cart license plates. A Manufacturer Certificate of Origin, Bill of Sale, or
Invoice is acceptable as the ownership evidence.
Off-Highway Use Vehicles
Motor Vehicle Title Manual 14-16 TxDMV April 2015
Identification Numbers
Golf carts should have a valid manufacturer’s vehicle identification number or owners
should obtain an assigned vehicle identification number from this department. Refer to
Chapter 13, “Vehicle Identification Numbers” for information on the assigned number
process.
Slow Moving Vehicles
A slow moving vehicle is defined as a vehicle designed to operate at a maximum speed of
25 miles per hour or less. Slow moving vehicles are required by Section 547.001 to
display a slow moving vehicle emblem when operated on the public streets. Vehicles
required to display the emblem are exempt from the Safety Inspection Act.
Vehicles designed to operate at speeds in excess of 25 miles per hour do not qualify as
slow moving vehicles.
Mini-trucks
Vast numbers of used Japanese mini-trucks and vans (also known as Kei-class vehicles)
are being imported into the US primarily as off-road vehicles. Some states allow
mini-trucks to operate on roadways as low or slow speed vehicles. VTR does not title or
register mini-trucks due the vehicle’s lack of compliance with US environmental and
safety standards.
14.19 Off-Highway Use Vehicles
Motorcycles, trail bikes, mini bikes, mini-motorcycles (gas and/or electric), all-terrain
vehicles, recreational off-highway vehicles, etc., designed and equipped for off highway
use.
Off-Highway Use Motorcycles
Requirement of Title
Effective September 1, 1975, all off highway motorcycles (non-street legal) which are
designed and equipped for racing, trail riding, or other off highway use are required to be
titled. These vehicles cannot pass the state safety inspection requirements unless modified
and cannot register.
Evidence of Ownership
The basic evidence of ownership required with an application for Texas title on an off
highway motorcycle is as follows:
• A Manufacturer’s Certificate of Origin (MCO) for all new “off-highway” motorcycles
sold on or after September 1, 1975.
• A properly assigned certificate of title for a used “off-highway” motorcycle; however,
if the motorcycle was owned by the applicant prior to September 1, 1975, any one of
the following items may support the application:
• An MCO completed and assigned to the applicant.
• An invoice signed by an agent of the company or firm selling the vehicle and dated
prior to September 1, 1975.
Off-Highway Use Vehicles
Motor Vehicle Title Manual 14-17 TxDMV April 2015
• A bill of sale signed by the seller and dated prior to September 1, 1975.
• If any of the above documents are not available, a Recreational Off-Highway
Vehicle Statement of Ownership, Form VTR-330, completed by the owner, as of
September 1, 1975, if that owner is the person applying for title.
• Any used motorcycle purchased or taken in trade by a dealer on or after September 1,
1975, should transfer to the dealer on an assigned certificate of title. The dealer may
then reassign the title to a retail purchaser.
Vehicle Identification Number
The frame serial number is the vehicle identification number on all applications for
certificate of title covering motorcycles. If a motorcycle does not have a serial number die
stamped on the frame, the owner should obtain an assigned vehicle identification number
(“TEX” number) from the department.
Application
The notation “00 EXAM” should appear in the classification on the Form VTR-31-RTS,
and “NOT REG” should appear in the license number space of the application for Texas
title and the Form VTR-31-RTS, when a motorcycle or all terrain vehicle is to title but
not registered. The department then issues a certificate of title that contains the remark
“Off Highway Use Only.”
Modified Off-Highway Motorcycles
Once a motorcycle has been titled as an off highway vehicle without registration, VTR
requires an application for corrected title to clear the remark if the vehicle is ever modified
in order to register. If a transfer of ownership is involved and a current license number is
shown in the license number space on the application for Texas title, the notation “Off
Highway Use Only” deletes automatically from the title record. Applicants should include
verification of a DPS safety inspection and a copy of the current registration receipt with
the application for Texas title.
All-Terrain Vehicle (ATV)
Definition
All-terrain vehicle means a motor vehicle that is equipped with a seat or seats for the use
of the rider (and a passenger), designed to propel itself with three or more tires in contact
with the ground, designed by the manufacturer for off-highway use, not designed by the
manufacturer primarily for farming or lawn care, and not more than 50 inches in width.
Note: ROVs and ATVs are defined in the same manner except that ATVs are
vehicles that are not more than 50 inches in width, may have only 3 wheels
and accommodate a rider and one passenger, while ROVs are vehicles that
have at least 4 wheels and can accommodate a rider and multiple passengers.
Effective September 1, 1985, no person (other than a dealer) may transfer ownership of an
all-terrain vehicle unless a title has been applied for and issued in the name of the owner as
of that date.
House Bill 3849, passed by the 81st Legislative session (2009) eliminated bench or bucket
seats from the ATV definition.
Off-Highway Use Vehicles
Motor Vehicle Title Manual 14-18 TxDMV April 2015
Note: The only sections of the law that were repealed are related to registration and
the issuance of the ATV sticker. ATVs are still required to be titled.
Direct questions concerning ATV operation on public land in Texas to Texas Parks and
Wildlife Department’s “Off Highway Vehicle” section at (512) 389-8917 or to the Web
site at: www.tpwd.state.tx.us/spdest/ohv/faq.phtml
Recreational Off-highway Vehicle (ROV)
Definition
Recreational off-highway vehicle means a motor vehicle that is not a golf cart, equipped
with a seat or seats for the use of the rider (and a passenger), designed to propel itself with
four or more tires in contact with the ground, designed by the manufacturer for
off-highway use, and not designed by the manufacturer primarily for farming or lawn
care. Effective September 1, 2009, (HB 2553 passed by the 81st Legislature) the definition
of “motor vehicle” was amended to include the recreational off-highway vehicle.
Note: ROVs and ATVs are defined in the same manner except that ATVs are
vehicles that are not more than 50 inches in width, may have only 3 wheels
and accommodate a rider and one passenger, while ROVs are vehicles that
have at least 4 wheels and can accommodate a rider and multiple passengers.
Title Requirements
Effective September 1, 2009, no person (other than a dealer) may transfer ownership of a
recreational off-highway vehicle unless a title has been applied for and issued in the name
of the owner as of that date.
New ROVs designed for off highway use that are sold on and after September 1, 2009,
should transfer on an MCO with the exception of vehicles in a dealer’s stock before
September 1, 2009. In a case of a vehicle in stock before September 1, 2009 for which a
dealer cannot obtain an MCO, the dealer may transfer ownership on an invoice or bill of
sale, provided the bill of sale includes a statement verifying that the ROV was in a dealer’s
stock prior to September 1, 2009. The dealer should then complete the Recreational
Off-Highway Vehicle Statement of Ownership, VTR-330, and a Dealer’s Reassignment of
Title for a Motor Vehicle, VTR-41-A. Any used ROVs purchased or taken in trade by a
dealer on or after September 1, 2009, should transfer to the dealer on an assigned
certificate of title.
As of September 1, 2009, an individual who owns an ROV designed for off-highway use
and not used strictly on a farm should obtain a certificate of title before the vehicle can
transfer to another owner. Applicants must submit the following documents with the
application for Texas title:
• Recreational Off-Highway Vehicle Statement of Ownership, Form VTR-330,
• Application for Texas Title, Form 130-U. Indicate “NOT REG” in the license number
space on Form 130-U.
• Sales from an Individual must also include:
• An invoice dated prior to September 1, 2009, signed by an agent of the
company/business that sold the ROV, or
Off-Highway Use Vehicles
Motor Vehicle Title Manual 14-19 TxDMV April 2015
• A bill of sale dated prior to September 1, 2009, properly signed by the seller.
• Sales from a Licensed Dealer must also include:
• An Invoice or bill of sale – applies to ROVs in stock before September 1, 2009, for
which a dealer cannot obtain a MCO. The bill of sale must include a statement that
the ROV was in the dealer’s stock prior to September 1, 2009.
• Dealer’s Reassignment of Title for a Motor Vehicle, VTR-41-A.
Note: Manufacturer Certificate of Origin (MCO) – applies to new ROVs sold on or
after September 1, 2009.
These off-highway vehicles are not designed by the manufacturer for highway use and are
not registered when the owner makes application for a certificate of title. The notation
“NOT REG” should appear in the license number space on the Application for Texas Title,
Form 130-U, and Form VTR-31-RTS. A Texas Certificate of Title issued for a ROV or
ATV reflects the remark “Off-Highway Use Only”. An all terrain vehicle or recreational
off-highway vehicle, with or without design alterations, may not register for operation on
public highways.
Title Exemption for ATVs and ROVs
An ATV or ROV may be exempted from the title requirement if the purchaser certifies
that the vehicle will be used primarily for farming or lawn care and has at least four
wheels in contact with the ground. The purchaser makes the certification by completing
Recreational Off-Highway or All-Terrain Vehicle Used for Farming or Lawn Care, Form
VTR-329. However, an ATV or ROV that has multiple rows of seats, contains food or
beverage equipment, is equipped with specifically non-farm or non-lawn care equipment,
or only has three wheels in contact with the ground is not eligible for the title exemption as
these types of vehicles are most commonly associated with use at sporting events, use by
apartment and large living communities, or primarily for recreational purposes. A licensed
dealer is to provide a photocopy of the completed Form VTR-329, along with the
Manufacturer’s Certificate of Origin (MCO), to the original purchaser. The dealer retains
the original Form VTR-329 in their records.
If the original purchaser of the exempt ATV or ROV sells the ATV or ROV, they must
provide the photocopy of the Form VTR-329 and the MCO to the subsequent purchaser.
If the original purchaser wishes to obtain a Certificate of Title at a later date, the
photocopy of the completed Form VTR-329 must be submitted with Form 130-U and the
MCO. Similarly, if a subsequent purchaser wishes to obtain a Certificate of Title, the
photocopy of the completed Form VTR-329 from the original purchaser must be
submitted with Form 130-U and the MCO.
When presented with a Form VTR-329 by an original purchaser who subsequently
wishes to title the ATV or ROV, the Delinquent Transfer Penalty would not apply. If this
situation occurs after the 30th day from the date of sale, the Registration and Title System
(RTS) will calculate a Delinquent Transfer Penalty. The penalty should be manually
Off-Highway Use Vehicles
Motor Vehicle Title Manual 14-20 TxDMV April 2015
changed to reflect no charge and will require a Supervisor Override. In the case of a
subsequent purchaser, the delinquent transfer penalty would apply once the 30 day
transfer period has passed from the date of the subsequent purchase since there is an actual
change in ownership.
Motor Vehicle Title Manual 15-1 TxDMV April 2015
Chapter 15
ODOMETERS
This chapter contains the following sections:
• 15.1 Odometer Disclosure Statement
• 15.2 Vehicles Exempt from Disclosure
• 15.3 Application for Title/Title Assignment
• 15.4 Odometer Title Brand
• 15.5 Operation of Law Title Transfers
• 15.6 Odometer Issues
• 15.7 Power of Attorney to Transfer Ownership and Disclose Mileage
15.1 Odometer Disclosure Statement
Transportation Code Section 501.072
(a) Except as provided by Subsection (c), the seller of a motor vehicle sold in this
state shall provide to the buyer, on a form prescribed by the department, a
written disclosure of the vehicle’s odometer reading at the time of the sale. The
form must include space for the signature and printed name of both the seller
and buyer.
(b) When application for a certificate of title is made, the owner shall record the
current odometer reading on the application. The written disclosure required by
Subsection (a) must accompany the application.
(c) An odometer disclosure statement is not required for the sale of a motor vehicle
that:
(1) has a manufacturer’s rated carrying capacity of more than two tons;
(2) is not self-propelled;
(3) is 10 or more years old;
(4) is sold directly by the manufacturer to an agency of the United States
government in conformity with contractual specifications; or
(5) is a new motor vehicle.
Federal Truth in Mileage Act of 1986
In an effort to deter odometer fraud and to protect consumers, the 99th Congress of the
United States enacted the Truth in Mileage Act of 1986 (Public Law 99-579) which
amended Title IV of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C.
1981-1991. In order to comply with this Act, Federal rules and Texas law, the department
revised the odometer disclosures on certificate of titles issued on and after April 29, 1990,
to contain the following:
• The odometer reading at the time of transfer, not to include tenths of miles;
• The date of the odometer disclosure statement;
Vehicles Exempt from Disclosure
Motor Vehicle Title Manual 15-2 TxDMV April 2015
• The signature, hand printed name and current address of the transferor (seller);
• The signature, hand printed name and current address of the transferee (buyer);
Note: The same individual may not sign an Odometer Disclosure Statement as both
buyer and seller.
• The vehicle description, including make, model, year, body style, and VIN;
• A statement referring to the Federal and State law advising that failure to complete or
providing false information may result in fines and/or imprisonment; and
• A certification completed by the transferor (seller) stating that, to the best of their
knowledge, the odometer reading reflects the actual mileage, not actual mileage, or
that the actual mileage is in excess of the mechanical limits of the odometer.
Note: The department discontinued the Odometer Disclosure Statement, Form
VTR-40 effective January 1, 2011. If there is an actual buyer and seller or the
vehicle is exempt, complete the odometer statement on the vehicle assignment.
If there is not an actual buyer and seller, record odometer information
directly on the Application for Texas Title, Form 130-U.
15.2 Vehicles Exempt from Disclosure
For vehicles exempt from the odometer disclosure requirements, indicate the word
“EXEMPT” in the Odometer Reading (field 9) on the Application for Texas Title, Form
130-U. Vehicles exempt from the odometer disclosure requirements are:
• A vehicle having a gross vehicle weight rating of more than 16,000 pounds;
• A vehicle that is not self propelled;
• A vehicle that is ten model years old or older;
• A vehicle sold directly by the manufacturer to any agency of the United States in
conformity with contractual specifications; and
• A new motor vehicle prior to its transfer to the first retail purchaser.
15.3 Application for Title/Title Assignment
If a vehicle is exempt from the odometer disclosure requirements, the purchaser is not
required to sign the back of the certificate of title upon reassignment from the seller. The
word “Exempt” should appear in the odometer disclosure portion of the title reassignment
and field 9 on the Application for Texas Title, Form 130-U.
Metric Odometers
If the odometer of a vehicle records kilometers rather than miles, counties should draw a
line through “mileage” and insert “kilometers” on the odometer disclosure statement.
Application for Title/Title Assignment
Motor Vehicle Title Manual 15-3 TxDMV April 2015
Texas Titles
The assignments on the reverse side of a Texas Certificate of Title incorporate a statement
by the seller as to the vehicle’s odometer reading at the time of transfer. All assignment
spaces on the Texas Certificate of Title must be completed prior to using the Dealer’s
Reassignment of Title for a Motor Vehicle, Form VTR-41-A. When an application for
Texas title is filed, the current odometer reading should also appear in the proper space on
the application. The certificate of title, when issued, records the odometer reading and
applicable brand as reflected on the title assignment or on the Form VTR-41-A.
Out of State Titles
When an owner surrenders an out of state title, they should complete the odometer
disclosure statement on the reassignment unless the vehicle is exempt. In cases involving
the surrender of an out of state title and no transfer of ownership the title applicant should
record the current odometer reading in field 9 of the Application for Texas Title, Form
130-U, and indicate in field 10 whether the mileage disclosed is actual, not actual, or
exceeds mechanical limits. In addition, the current odometer reading at the time of the
safety and VIN inspection should appear on the Vehicle Inspection Report or Out-of-State
Identification Certificate, Form VI-30, by the inspector. In some instances, a vehicle
identification certificate may have been obtained before or after the completion of an
application for Texas title on an out of state vehicle. If the mileage recorded on a Vehicle
Inspection Report or an Out-of-State Identification Certificate, Form VI-30, is
significantly different from the title application, the transaction is acceptable. However, it
should be placed in a Special Handling envelope for further examination. (See Inspection
Information in Chapter 18.)
Manufacturer’s Certificate of Origin
An odometer disclosure statement is required when a new vehicle is transferred to the first
retail purchaser. The odometer disclosure provided for this first retail transaction must
comply with the Truth in Mileage Act requirements. The buyer should acknowledge the
odometer disclosure. The disclosure may be provided by completing a conforming
odometer disclosure statement on the Manufacturer’s Statement of Origin or on a separate
odometer disclosure statement. This applies regardless of whether or not the
Manufacturer’s Certificate of Origin contains an odometer disclosure statement.
Applications for Registration Purposes Only
The title applicant must note the current odometer reading on the Application for Texas
Title, Form 130-U, and indicate whether the reading is actual, not actual, exceeds
mechanical limits or exempt.
Salvage Titles
When filing an application for Texas title for a rebuilt salvage vehicle, unless the vehicle
is exempt, the seller must complete the odometer statement on the assignment of title and
the buyer must acknowledge it. The mileage indicated on the disclosure statement must
also appear on the Application for Texas Title, Form 130-U.
Odometer Title Brand
Motor Vehicle Title Manual 15-4 TxDMV April 2015
US Government Certificate to Obtain Title to a Vehicle, Form 97
The odometer disclosure on Form 97 is acceptable provided the disclosure includes the
printed names of the person(s) signing as the seller’s representative and as the buyer.
Corrected Title Transactions
In the case of an application for corrected title, either the current or the previously
recorded odometer reading is acceptable. In addition, the title applicant must indicate
whether the mileage is actual, not actual, or exceeds mechanical limits on the Application
for Texas Title, Form 130-U.
Title Application Fails to Record an Odometer Reading
If the title assignment fails to record an odometer reading, the transaction must be rejected
unless the vehicle is exempt or involves no change in ownership or an unrecovered stolen
vehicle in which cases the odometer reading and certification can remain as currently
recorded.
Exempt Agencies
The odometer requirements apply to exempt agencies.
15.4 Odometer Title Brand
Federal law requires the department to print an odometer brand (ACTUAL MILEAGE,
MILEAGE EXCEEDS MECHANICAL LIMITS, or NOT ACTUAL MILEAGE) on all
titles issued on applicable vehicles. These brands, when applicable, show as the first brand
beneath the word “REMARK(S).”
15.5 Operation of Law Title Transfers
An odometer disclosure statement is required on applications for title involving an actual
seller and an actual buyer. Unless the vehicle is exempt, the odometer statement must
appear on the title assignment.
It is not necessary for transactions to include a completed odometer statement when there
is not an actual buyer and seller. Transactions such as tax collector hearings or court
orders do not require an odometer disclosure statement from the county tax
assessor-collector or the court. However, the person awarded ownership of the vehicle
must complete the odometer reading in field 9 of the Application for Texas Title, Form
130-U, and indicate whether the reading is actual, not actual, exceeds mechanical limits,
or exempt, in field 10.
Unrecovered Stolen Vehicles
When an application for Texas title is filed by an insurance company on an unrecovered
stolen vehicle, the odometer reading from the previous title should carry forward. Unless
there is other evidence in the transaction to the contrary, the mileage disclosed should
appear as the actual mileage.
Odometer Issues
Motor Vehicle Title Manual 15-5 TxDMV April 2015
15.6 Odometer Issues
Vehicles Having No Odometers
Indicate the word “EXEMPT” in the Odometer Reading (field 9) of the Application for
Texas Title, Form 130-U, and title reassignment for assembled vehicles, antique vehicles,
motorcycles and mopeds, etc., which are self propelled but do not have odometers.
Note: If the vehicle is not exempt from odometer requirements (Refer to Vehicles
Exempt from Disclosure), when processing the transaction through RTS,
input the odometer reading as “000001” and indicate “Not Actual Mileage” in
order for the system to accept the transaction.
Broken or Inoperable Odometers
When an odometer disclosure statement contains a notation that the odometer is broken,
inoperable, or displays “ERROR,” the odometer reading cannot appear as actual mileage.
The odometer disclosure statement must indicate that the odometer reading is NOT the
actual mileage. If an odometer reading appears on the disclosure statement, it should also
appear on the application for Texas title. However, if a reading is not shown on the
odometer disclosure statement, indicate six zeros (000000) on the Application for Title,
Form 130-U.
Note: When processing the transaction through RTS, input the odometer reading as
“000001” since the system does not accept an odometer reading of “000000.”
Repaired or Replaced Odometers
Note: There are no restrictions or guidelines as to who has the authority to repair or
replace a malfunctioning odometer.
When an odometer is serviced, repaired, or replaced, the owner should maintain proper
records of the repair or replacement in order to avoid any type of problem or civil liability
relating to the repair or replacement.
If the mileage does not remain the same (actual mileage cannot be determined), the
odometer should be reset to zero. The owner or agent of the owner is also required to
attach a written notice to the left door frame of the vehicle specifying the mileage before
the service, repair, or replacement and the date of the service, repair, or replacement.
When the vehicle is subsequently transferred, it is the responsibility of the seller to
indicate the odometer reading. The odometer brand certification is always Not Actual.
Odometer Discrepancies
If it appears a conforming odometer disclosure statement on a Texas or an out of state title
has been altered, the transaction should be rejected for a Statement of Fact from the seller
and buyer explaining the alteration. If the odometer reading appears to have been altered,
the seller must complete another statement of fact that includes the requirements of the
Federal Truth in Mileage Act (See Federal Truth in Mileage Act of 1986), odometer
Power of Attorney to Transfer Ownership and Disclose Mileage
Motor Vehicle Title Manual 15-6 TxDMV April 2015
disclosure statement showing the correct odometer reading and indicate whether the
mileage is actual, not actual, or exceeds mechanical limits. The buyer (title applicant)
must acknowledge this disclosure statement. An alteration of the odometer reading on a
secure Dealer’s Reassignment of Title for a Motor Vehicle, Form VTR-41-A, or a Power
of Attorney for Transfer of Ownership to a Motor Vehicle, Form VTR-271-A, may be
corrected by completing another of the appropriate forms. Correct obvious errors by
drawing a line through the error and completing a Statement of Fact, from the seller
explaining the alteration. The buyer then acknowledges the correction.
Odometer Errors on a Certificate of Title
If the department is responsible for making an error in the odometer reading or title brand
on a certificate of title, the department issues a corrected title at no charge. The recorded
owner or lienholder should submit a request to the department for a “no charge” corrected
title, which clearly indicates the error or errors, along with the incorrect negotiable title
document.
However, if the department is not responsible for the error, the owner of the vehicle must
file an application for a corrected title with the county tax assessor-collector’s office. The
correct odometer reading and certification must appear on the title assignment.
Additionally, applicants should complete fields 9, 10, and 13 of the application. The
application should be supported by the current Texas Certificate of Title, a statement of
fact from the seller (previous owner indicated on title) or transferor that made the error
stating the correct mileage and/or certification and acknowledged by the purchaser (owner
indicated on the title), and the applicable title fee.
Letter Preceding Numbers in Odometer Field
The odometer field should consist of numbers only. Any transaction that includes a
printed letter in the odometer reading is not acceptable unless a Statement of Fact signed
by the seller and title applicant to verify the correct odometer reading appears.
15.7 Power of Attorney to Transfer Ownership and Disclose
Mileage
The secure Power of Attorney for Transfer of Ownership to a Motor Vehicle, Form
VTR-271-A, may be used when issued to Texas licensed motor vehicle dealers, salvage
dealers, and insurance companies. Use this form when the title to be transferred is a Texas
Certificate of Title issued on or after April 30, 1990, and is physically held by a lienholder
or the title has been lost. When a dealer or insurance company buys, or takes as a trade-in,
a motor vehicle from an owner who does not have the title for either of these reasons and
does not wish to return to the purchaser to complete the odometer disclosure statement and
title assignment, this form should be completed.
Part A
Both the seller and the buyer must complete Part A. Both the original and the duplicate
power of attorney should contain original signatures.
Power of Attorney to Transfer Ownership and Disclose Mileage
Motor Vehicle Title Manual 15-7 TxDMV April 2015
When the certificate of title is received, the buyer should exercise the authority granted
him by the seller by completing the assignment and odometer disclosure on the title. Any
buyer, other than a dealer, is then required to file an application for Texas title in their
name supported by this power of attorney.
Part B
If the dealer retails the motor vehicle before he receives the certificate of title, the
purchaser may grant power of attorney to the dealer to complete the purchaser’s
acknowledgment of the odometer disclosure.
In this instance, the retail purchaser and the dealer should complete Part B of the power of
attorney.
Certification
If both Parts A and B are complete, upon receipt of the certificate of title, the dealer must
complete Part C.
Unless the sale involves an out of state purchaser, the dealer should then file the
application for Texas title supported by the secure power of attorney, other required
documents, and fees with the county tax assessor-collector’s office as directed by the
purchaser on the County of Title Issuance, Form VTR-136.
Note: If the vehicle in question is exempt from odometer disclosure, a non-secure
power of attorney, Power of Attorney to Transfer Motor Vehicle, Form
VTR-271, may be used.
Motor Vehicle Title Manual 16-1 TxDMV April 2015
Chapter 16
OPERATION OF LAW
This chapter contains the following sections listing the various methods of transfer as
provided for in the law:
• 16.1 Transfer of Vehicle by Operation of Law
• 16.2 Definitions and Distinctions
• 16.3 Transfers Originating Out of State
• 16.4 Estates of Decedents
• 16.5 Trusts
• 16.6 Bankruptcies
• 16.7 Bank Liquidations
• 16.8 Repossessions
• 16.9 Judicial Sale
• 16.10 Seized and Forfeited Vehicles
• 16.11 U.S. Bill of Sale
• 16.12 Change of Name (Texas Family Code – Chapter 45)
• 16.13 Divorce Suits
• 16.14 Judgments and Decrees
• 16.15 Judicial Declaration of Incompetence
• 16.16 Rights of Survivorship Agreement for a Motor Vehicle
• 16.17 Texas Uniform Gifts or Transfers to Minors Act
• 16.18 Judicial Orders
16.1 Transfer of Vehicle by Operation of Law
Transportation Code Section 501.074
(a) The department shall issue a new title for a motor vehicle registered in this
state for which the ownership is transferred by operation of law, or other
involuntary divestiture of ownership after receiving:
(1) a certified copy of the order appointing a temporary administrator or of the
probate proceedings;
(2) letters testamentary or letters of administration;
(3) if administration of an estate is not necessary, an affidavit showing that
administration is not necessary, identifying all heirs, and including a
statement by the heirs of the name in which the certificate shall be issued;
(4) a court order; or
(5) the bill of sale from an officer making a judicial sale.
(b) If a lien is foreclosed by nonjudicial means, the department may issue a new title in
the name of the purchaser at the foreclosure sale on receiving the affidavit of the
lienholder of the fact of the nonjudicial foreclosure.
Definitions and Distinctions
Motor Vehicle Title Manual 16-2 TxDMV April 2015
(c) If a constitutional or statutory lien is foreclosed, the department may issue a new
title in the name of the purchaser at the foreclosure sale on receiving:
(1) the affidavit of the lienholder of the fact of the creation of the lien and of the
divestiture of title according to law; and
(2) proof of notice as required by Sections 70.004 and 70.006, Property Code or
by Section 59.0445, Property Code.
(d) Notwithstanding the terms of Section 501.005, in the event of a conflict between
this section and other law, this section controls.
This Chapter covers any type of involuntary transfer or transfer by operation of law
(owner will not, or cannot, assign the certificate of title). Divestiture of title (meaning to
take title out of the name of an owner) usually cannot be accomplished under the laws
discussed in this Section until a certificate of title has first been issued and recorded in
Texas.
Refer to Table 11-1 Application for Title Signed By A Trustee And Authority Required
for relevant information.
The original or certified copy of title is not required to transfer ownership based on a
Judicial, U.S. Government Agent’s, Sheriff’s, Constable’s, Mechanic’s or Storage Lien Bill
of Sale or upon an acceptable court order conveying ownership to a vehicle, provided a
release of any recorded lien is attached to the transaction, when required.
Note: A release of lien is not required when a vehicle sells to satisfy: (1) a mechanic’s
lien only, or (2) a non-consent storage foreclosure lien in accordance with the
Vehicle Storage Facility Act. Use the Storage Lien for Licensed Vehicle Storage
Facility, Form VTR 265-VSF, provided to the purchaser at public sale.
16.2 Definitions and Distinctions
• decedent – deceased person
• intestate – no will left
• testate – having left a will
• testator – one who makes and leaves a will
• probate – official proof
• probate court – County Judge sitting in probate (no jury) concerning matters of
deceased persons and the various types of guardianship.
• executor – one appointed by a testator to execute the deceased person’s will after
probate.
• administrator – one appointed by the probate court to administer the estate of an
intestate or testate if an executor is not named or does not accept or qualify.
• trustee – one who manages property or money for another. A trustee may sign title
transfer documents without attaching evidence of their appointment as the trustee;
provided they do not sign as “Trustee of an Estate,” “Trustee in Bankruptcy,” “Trustee
of a Trust,” or “Trustee for a Minor.”
Transfers Originating Out of State
Motor Vehicle Title Manual 16-3 TxDMV April 2015
16.3 Transfers Originating Out of State
Transfers with an out of state operation of law document should be cleared by the state in
which it occurred. Some out of state repossessions and heirship transactions are acceptable
when there is a direct Texas tie.
16.4 Estates of Decedents
This subject includes two types of estates:
• Administration by Executor or Administrator
• No Administration and None Necessary [Estates Code 201]
Administration by Executor or Administrator
Testate
If a deceased person left a will, the will should be filed for probate or administration
within four years from the date of death of testator or decedent. If the will is filed for
administration, a court may determine that no administration is necessary. If the court
determines that no administration is necessary, the court prepares a document declaring
that no administration of the will is necessary.
Letters Testamentary [Estates Code 306]
When a will has been probated, the court will grant Letters Testamentary within twenty
days, if permitted by law, to the executor or executors appointed by the will provided the
executor or executors are not disqualified and are willing to accept and qualify according
to law. A certified copy of Letters Testamentary may be obtained from the clerk of the
probate court, or a certification of the “appointment and qualification” by the county clerk
is acceptable. A certified copy of a will appointing an executor may be acceptable
provided the county clerk states the executor has qualified; otherwise, Letters
Testamentary must be attached.
Letters of Administration [Estates Code 306]
The court may grant administration of the estate when a person dies under the following
circumstances:
• without a will
• the will does not name an executor
• the executor has died or has failed to accept and qualify within twenty days after the
probate of the will
• the administrator does not present the will for probate within thirty days
The administrator should attach Letters of Administration (or a certification of such by the
clerk of the probate court) to any assignment of title it executes.
Administration Not Granted [Estates Code 306]
Grant no administration upon any estate unless there is a necessity that is determined by
the court hearing the application. An affidavit of heirship form should state this fact. A
will is not considered filed for probate until the probate judge issues such an order.
Estates of Decedents
Motor Vehicle Title Manual 16-4 TxDMV April 2015
More than One Executor or Administrator [Estates Code 307]
If there is more than one executor or administrator of the same estate at the same time, the
action taken by one of them is as valid as if all had acted jointly. The signature of one of
the executors or administrators on an assignment of title with Letters Testamentary or of
Administration attached is acceptable.
Independent Administration
A person making a will may specify no action in the county court other than the probating
and recording of the will and the return of an inventory, appraisement, and list of claims of
the estate. The probating of a will of this type, when no administration is necessary, is
known as an “independent administration,” and an application for Texas title to a motor
vehicle or transfer of title should be accompanied by one of the following:
• A copy of the will certified by the clerk of the probate or county court that the will was
probated as an “independent administration”.
• A certificate of the clerk of the probate court verifying the name of the beneficiary in
compliance with the will that was filed as an “independent administration”.
• A copy of the probate court’s proceedings signed by the county or probate judge or
certified to by the clerk of the court. The copy must name the beneficiaries; otherwise,
a copy of the will must also be attached.
• A copy of the probate court’s order, certified by the clerk of the court, admitting a will
to probate as an “independent administration”.
If the independent administration fails to name a sole beneficiary of the motor vehicle,
then all heirs or beneficiaries named in the will must sign the application for Texas title or
sign any transfer of title. These heirs may grant a power of attorney to an agent to sign for
them, but one of the above listed instruments establishing the independent administration
must support the transaction. If the will indicates that an Executor or Executrix has been
appointed, that person may sign for all heirs.
Muniment of Title [Estates Code 257]
The court may find there is no necessity for administration of an estate, and admit a will
(whether or not the written will is found) to probate as a muniment of title. The order
admitting the will constitutes sufficient authority to transfer title. One of the following
should accompany an application for Texas title to a motor vehicle or transfer of title:
• A copy of the will certified by the clerk of the probate or county court that the will was
admitted as a “muniment of title.”
• A certificate of the clerk of the probate court verifying the name of the beneficiary in
compliance with the will that was admitted as a “muniment of title.”
• A copy of the probate court’s proceedings signed by the county or probate judge or
certified to by the clerk of the court. The copy must name the beneficiaries; otherwise,
a copy of the will must also be attached.
• A copy of the probate court’s order, certified by the clerk of the court, admitting a will
to probate as a “muniment of title.”
Estates of Decedents
Motor Vehicle Title Manual 16-5 TxDMV April 2015
If the muniment of title fails to name a sole beneficiary of the motor vehicle, then all heirs
or beneficiaries named in the will or the court’s order must sign the application for Texas
title or sign any transfer of title. These heirs may grant a power of attorney to an agent to
sign for them, but one of the above listed instruments establishing the muniment of title
must support the transaction.
Executor or Administrator not to Purchase [Estates Code 356]
With a few exceptions, an executor or administrator may not purchase any property of the
estate. If the executor or administrator does become the purchaser, only persons interested
in the estate may complain by court action (not to the department), and the county judge
then rules on the validity of the sale. Therefore, VTR will not reject an application for
Texas title to a motor vehicle in the name of an executor or administrator because the
application is not in the name of the estate.
Summary Court Officer as Administrator
A certified copy of the Summary Court Order directing the officer appointed by the court
to dispose of a deceased military man’s property is acceptable as lawful authority for the
officer to sign for the deceased person.
Guardians for minors, etc.
Where there are minors, or incapacitated persons, having no guardian in this state who are
entitled to a portion of an estate, or whose guardians also have an interest in the estate, the
court appoints a guardian to represent them.
If an executor or administrator transfers title of a vehicle to a minor – the minor’s guardian
should sign the application for the minor and attach letters of guardianship.
Certificate of Title Lost – Deceased Owner
If a Texas certificate of title in the name of the deceased owner has been lost and the
department has a record of the title, it is not necessary for a copy of the title to be obtained
if the title applicant is an heir that signs the heirship affidavit or is named in the operation
of law proceedings (letters testamentary). If the owner is not a heir, then a bill of sale is
necessary.
When a Texas certificate of title lists two owners and one owner is deceased, it is not
necessary for a copy of the title to be obtained, if the title applicant is an heir that signs the
heirship affidavit or is named in the operation of law proceedings (letters testamentary). If
the surviving owner is not an heir, then a bill of sale is necessary.
If an out of state title is involved, owner and lienholder verification from that state is
required. If the applicant is unable to obtain the verification due to privacy laws in the
other state, the options available to obtain Texas title are as follows:
• Pursue a Tax Assessor-Collector Hearing or a Bonded Title, if they meet the
requirements of Transportation Code Section 501.052.
• Obtain title in the other state, prior to transferring to Texas.
• Pursue litigation through a court of competent jurisdiction.
Estates of Decedents
Motor Vehicle Title Manual 16-6 TxDMV April 2015
If the estate of the deceased was probated and an executor or administrator was appointed,
that person may transfer ownership of the vehicle using a bill of sale and attaching
evidence of their appointment by the probate court. If the title record or the out of state
verification shows a lien, a release of lien must be attached.
If the deceased did not leave a will and the title has been lost, a certified copy of the title is
not required. However, if the title record or the out of state verification shows a lien, a
release of lien is required. An Affidavit of Heirship for a Motor Vehicle, Form VTR-262
may support an application for a new title.
A copy of the title is not needed with any application filed by the person awarded the
vehicle by the will probated as a muniment of title. If the title record shows a lien, a
release of lien is required.
If no record of title or registration can be located in the department’s records on a Texas
titled vehicle, the individual(s) authorized to sign for the estate of the deceased owner may
complete a Verification of Ownership, Form VTR-268 along with satisfactory evidence
of ownership (Refer to Chapter 24, “Certified Copies”). In this case, evidence of legal
authority to sign, such as Letters of Administration, Letters Testamentary, Probate
Proceedings (also Muniment of Title), or an Affidavit of Heirship must be attached.
Note: VTR may issue a certified copy of title in the name of a deceased owner, if
needed to transfer out of state.
Certificate of Title Lost (Deceased Lienholder)
If the lienholder is deceased, it is not necessary for a certified copy of title to be issued.
The administrator or executor of the deceased lienholders estate (or by all heirs if no
administration) must provide lawful authority (Letters of Administration, Letters
Testamentary, Heirship Affidavit, etc.) for the application.
Title is required if the titled owner is selling the vehicle.
If the owner of record has paid off the lien, then the title is required. In this instance the
administrator or executor of the deceased lienholder’s estate (or by all heirs if no
administration) must complete the VTR-34. They should attach all evidence of lawful
authority (Letters of Administration or Testamentary, Heirship Affidavit, etc.) to the
application for CCO.
If a vehicle is titled in two individual’s names and one passes away, the surviving heir of
the deceased must provide either an Heirship Affidavit or Letters Testamentary and
reassign the original title or provide a Bill of Sale naming the new purchaser/owner of the
vehicle.
The above applies to a vehicle titled in a husband and wife’s name. The surviving spouse
(even if sole heir) must provide a separate reassignment for her part of ownership of the
vehicle in addition to an Heirship Affidavit or Letters of Testamentary.
If the wife is not the sole heir the multiple heirs should sign the Heirship Affidavit. If all
heirs cannot appear before one notary public on the same date, separate acknowledgments
may be taken and attached to the form.
Estates of Decedents
Motor Vehicle Title Manual 16-7 TxDMV April 2015
Joint Wills and Ownership Changes
It is not necessary for a customer to provide an affidavit of heirship when the following
scenario takes place.
A husband and wife have joint ownership on one vehicle and the wife has sole ownership
of a second vehicle. The couple filed a joint will in which either party would be the sole
beneficiary in the event of the other’s death. Upon the death of the wife, the husband was
the sole beneficiary based on the joint will (not probated).
The husband later drew up a new will in his name appointing an executor. Upon the death
of the husband, the will was probated. The executor appointed has the ability to execute
the will without the need of an affidavit of heirship for the wife’s portion of the estate.
No Administration and None Necessary [Estates Code 201]
If a person dies intestate (without a will), an application for Affidavit of Heirship for a
Motor Vehicle, Form VTR-262, should be completed marking either no will left, or a will
was left but no application for administration has been filed, or a court has determined that
no administration is necessary. If the person died intestate, the estate passes down
according to the laws of descent and distribution, and the Signature Of Affiants area of
Form VTR-262 should be completed accordingly, as explained in the following
scenarios:
• Vehicle owner dies and is survived by spouse only or is survived by spouse and their
children; therefore, the community property estate of the deceased spouse passes to
the surviving spouse, and only that heir must sign.
• Vehicle owner follows spouse in death and is survived only by their children;
therefore, the property is distributed to the surviving children, and each must sign as
an heir.
• Vehicle owner dies, and the surviving spouse is not the mother or father of the
decedent’s surviving children; therefore, one-half of the estate passes to the surviving
spouse and the other one-half passes to the surviving children. All must sign as heirs.
Note: Children legally adopted by the deceased qualify for these procedures.
Note: If there is only one surviving heir, the heir must complete the Form VTR-262.
Execution by power of attorney is not acceptable.
Note: The deceased owner’s death certificate is not required and should not be
requested to transfer ownership when Form VTR-262 is submitted.
Affidavit by all Heirs
If a vehicle is being transferred, an Affidavit of Heirship for a Motor Vehicle, Form
VTR-262, should be completed marking either no will left or no application for
administration has been filed or no administration is necessary; or a will was left and a
court has determined that no administration is necessary. If an heirship affidavit is used
Estates of Decedents
Motor Vehicle Title Manual 16-8 TxDMV April 2015
when a court has determined that no administration is necessary, the heirs must attach the
original or certified copy of the court document indicating no administration of the will is
necessary and the portions of the will which specify that the will is in the deceased
owner’s name and indicates the name(s) of the heir(s).
An affidavit of all heir(s) giving all facts as mentioned above is acceptable instead of a
Form VTR-262. If the affidavit does not describe the vehicle, it may be accepted
provided title can be established in the name of the deceased; however, if the description is
not shown in the affidavit and ownership of the vehicle is being transferred, the assigned
title or a bill of sale describing the vehicle must be attached.
If an affidavit of heirship does not specify the name that the vehicle titles in, then all
heir(s) must either assign the title or furnish a power of attorney for some person to assign
it for them.
If all the heir(s) cannot appear before one notary public on the same date, separate
acknowledgments may be taken and attached to the form.
A Texas licensed dealer may reassign a title when the title is assigned to the dealer. If the
dealer is designated as the purchaser on an heirship affidavit, the dealer may assign the
title or use Form VTR-41-A.
An heirship affidavit is used to transfer a vehicle when an estate has been closed by the
court and the executor or administrator has been discharged.
When an heirship affidavit is used to transfer a vehicle when a minor heir is involved,
guardianship papers must be attached.
If the lienholder recorded on a title is deceased and the estate has not been probated and
there is no need for administration on the estate, but a release of lien or a certified copy of
title (CCO) is required, an affidavit of heirship can be executed by the heir(s) instead of a
release of lien, provided the Affidavit of Heirship for a Motor Vehicle, Form VTR-262 is
marked “issued free and clear of liens”. This form may be submitted with an Application
for a Certified Copy of Title, Form VTR-34, to request a certified copy original title; and
it may be submitted with a title application as a release of lien.
Affidavit of Heirship(s) by Disinterested Person(s)
When a person dies intestate (without a will), no application for administration has been
filed, and there is no necessity for administration, then an Affidavit of Heirship for a Motor
Vehicle, Form VTR-262, completed by a disinterested person or persons is acceptable.
The heirship affidavit must state that:
• the vehicle owner of record is deceased
• the deceased left no will
• there was no administration upon the estate and no administration is necessary
• that the heir(s) named are all the heir(s) at law.
However, a disinterested person cannot name the person the title issues to. Only the
surviving heir(s) may do this. If an affidavit of heirship by a disinterested person or
persons is used, all heir(s) must execute a transfer of ownership or grant a power of
attorney authorizing a specific person to execute the transfer for them. Transfer of
ownership may be by assignment of title or by separate bill of sale.
Estates of Decedents
Motor Vehicle Title Manual 16-9 TxDMV April 2015
Minor Heirs
No person may sign for a minor heir without being appointed (by the county court)
guardian of the estate of such minor. The guardian of a minor continues in office unless
discharged according to law until the minor dies, becomes eighteen (18) years of age, or
marries. A guardian signing for the estate of a minor should show the word “guardian”
adjacent to their signature or show the name of the minor immediately above their
countersignature or both. Evidence of the appointment as guardian of the minor’s estate
should be attached to any document signed by the guardian.
If no inheritance is involved and title is desired in the name of a minor, then the name of
owner should be shown. For example, John Doe, Jr. (minor) and the signature of owner:
John Smith (guardian).
When there is an inheritance involved, only a legally appointed guardian may sign for a
minor heir’s estate unless written authorization from the court is attached. A minor may
sign for himself provided no inheritance is involved.
Small Estates [Estates Code 205]
Distribution of “Small Estates” may be made by affidavit by the distributee of the estate
under certain conditions if no petition for the appointment of a personal representative is
pending or has been granted, more than 30 days has elapsed since the death of the
decedent, and the value of the entire assets of the estate does not exceed an amount set by
statute. Such affidavit must be approved by the judge having jurisdiction and recorded in
the “Small Estates” records by the clerk of the court. A copy of the affidavit, certified by
the court clerk, must accompany the title transaction. The application for Texas title must
be in the names of the distributee, as shown on the affidavit; or the distributee may execute
an assignment and designate to who title will issue. If a distributee is a minor, the court
must designate someone to sign for the minor; in which case, guardianship papers or
written authorization from the court must be attached.
Note: A decedent whose assets do not warrant the minimum eligibility under the
Small Estates statute must follow the Affidavit by all Heirs procedure.
Deceased Before Transfer Completed
Heirs of a deceased individual cannot transfer a vehicle on any type of documentation if
the vehicle is not in the deceased individual’s name. The vehicle must first be titled in the
heir’s or estate’s name prior to any subsequent transfer if an individual dies before the
vehicle is transferred into the their name. The heir(s) must have the applicable documents,
such as a Letters of Administration, Letters of Testamentary, or Muniment of Title, to
establish their heirship in order for them to obtain a title in their name. An Affidavit of
Heirship for a Motor Vehicle, Form VTR-262, cannot be used because the affidavit
requires the title to be in the owner’s name, which in this situation it is not since the
transfer was not completed prior to the purchaser’s death.
If evidence of heirship is unavailable, the applicant must obtain a court order to have the
vehicle transferred into their name. A bonded title is not acceptable in these situations
because it involves an operation of law.
Trusts
Motor Vehicle Title Manual 16-10 TxDMV April 2015
16.5 Trusts
Titles may indicate that the vehicle is covered by a trust agreement. The most common
term is the notation of “Living Trust.” Generally, the purpose of such a trust is to avoid
probate on the assets placed in the trust. Legal title to the assets is transferred to the trust,
but the beneficiaries of the trust may have the use of those assets during the life of the
trust. One of those beneficiaries may be the trustee. Typically, upon the death of the
trustee(s), the trust terminates, and the assets of the trust pass to the beneficiaries (known
as “remaindermen”).
In some cases, upon the death of the original trustee, the trust agreement may provide that
a successor trustee distribute the assets of the trust to the beneficiaries. Distribution of the
assets by the successor trustee terminates the trust.
Transferring a Title to a Trust
The procedure for transferring a title to a trust is as follows:
1. The assignment of title on the current title must be completed to transfer the vehicle to
the trust. The name of the purchaser on the assignment should be the name of the trust
that is to be recorded on the title. For example, if the title is in the name of John and
Mary Doe and title is to be issued in the name of John and Mary Doe Living Trust,
John and Mary Doe should execute the assignment of title and show the purchaser as
John and Mary Doe Living Trust.
2. The trustee must sign an application for Texas title in the name of the trust as shown
on the title assignment. The properly assigned title must be surrendered with the
application when it is filed with the county tax assessor-collector’s office and a
properly completed original or certified copy of an Affidavit of Trust or a Statement of
Fact for a Trust.
3. The name of the owner on the title application should be the same as the name of
purchaser as shown on the title assignment. In this example, the name would be the
John and Mary Doe Living Trust.
Transferring a Title from a Trust
The procedure for transferring a vehicle out of a trust is as follows:
1. When a vehicle that is titled in the name of a trust is transferred, the assignment of title
must be completed by the trustee or by a properly appointed successor trustee. A
properly completed original or certified copy of the Affidavit of Trust or a Statement
of Fact for a Trust must be filed with the title transaction.
2. If the successor trustee executes the assignment of title due to the death of the trustee,
a copy of the trustee’s death certificate must accompany the documents referred to in
step 1 above.
Bankruptcies
Motor Vehicle Title Manual 16-11 TxDMV April 2015
3. If the trustee is alive but unable to act, and the trust agreement makes no provision for
the resignation of the trustee and the designation of a successor trustee, then a court
(usually a district court) must be petitioned to appoint a successor trustee. If the court
appoints a successor trustee, the court issues an order to that effect. A certified copy of
the order must accompany the documents referred to in step1 above.
4. If no successor trustee is named, the beneficiary receives the assets of the trust. The
documents referred to in step1 above and the trustee’s death certificate must
accompany the application for Texas title. The application for Texas title must be in
the name of the beneficiary. The title does not need to be assigned.
16.6 Bankruptcies
Bankruptcy is a legal procedure for dealing with debt problems of individuals and
businesses; specifically, a case filed under one of the chapters of title 11 of the United
States Code (the Bankruptcy Code). Bankruptcy laws help people who can no longer pay
their creditors get a fresh start by liquidating their assets to pay their debts, or by creating
a repayment plan.
A Trustee is a representative of the bankruptcy estate who exercises statutory powers,
principally for the benefit of the unsecured creditors, under the general supervision of the
court and the direct supervision of the U.S. trustee or bankruptcy administrator. The
trustee’s responsibilities include reviewing the debtor’s petition and schedules and
bringing actions against creditors or the debtor to recover property of the bankruptcy
estate. The trustee liquidates property of the estate and makes distributions to creditors.
Any person signing as a “Trustee In Bankruptcy” on a title application or a title
assignment must attach verification from the U.S. Bankruptcy Court that the individual
has been appointed trustee. The evidence of appointment should support an assignment of
title or bill of sale by the trustee or receiver in bankruptcy.
If the ownership of the vehicle has been established as a matter of Texas record in the
name of the bankrupt, the title does not have to be surrendered with an application to
transfer title. However, if ownership of the vehicle is from out of state, the title or current
verification of title must be attached.
Recorded Lien
A release of any recorded lien must be submitted in support of the application if the title is
not surrendered or if the lienholder’s name cannot be tied in to the bankruptcy
proceedings. A release of lien is not required if the lienholder is recorded as a secured
creditor and part of the Bankruptcy proceedings.
Receivership
Receivership is a type of bankruptcy a company enters into when a receiver is appointed
by bankruptcy courts or creditors to run the company. The responsibility of the receiver is
to ensure as much debt is paid back to creditors as possible. Often receivers find that the
best way to pay back loans is to liquidate the company’s assets.
Bank Liquidations
Motor Vehicle Title Manual 16-12 TxDMV April 2015
Like an “administrator of an estate” and a “trustee in bankruptcy,” a receiver is under bond
for the protection of those interested in the property in receivership against unlawful acts
of the receiver. An order of sale from the court is not required to apply for title (Refer to
Judicial Sale), but an order of the court verifying the appointment of the receiver is
necessary (written verification by the county clerk is acceptable). The order of
appointment usually describes the property to be taken into the receiver’s possession.
Ordinarily, the sale of a vehicle involved in receivership is performed by the receiver; but
the sheriff may also sell the vehicle when ordered by the court. In this case, the purchaser
must acquire a sheriff’s bill of sale to apply for title. If a lien is recorded on the title, a
release of that lien must be attached to any new application unless the court has ordered
that the vehicle be sold free of lien and, if so, a copy of the order must be attached. If the
title is not in the name of the person, company, firm, or corporation whose property is in
receivership, then the title should be assigned to them.
16.7 Bank Liquidations
When the Federal Deposit Insurance Corporation (FDIC) or Deposit Insurance Fund
(DIF) liquidates a bank or savings and loan association, the FDIC or DIF may sign as
“successor to” a bank or savings and loan association on any release of lien, Application
for a Certified Copy of Title, Form VTR-34, or repossession affidavit. No evidence of
authority is required to accompany the document.
Repossessions
When liquidating a bank or savings and loan association, the Federal Deposit Insurance
Corporation (FDIC) or Deposit Insurance Fund (DIF) may sign as “successor to” on any
repossession affidavit such as an Affidavit for Repossessed Motor Vehicle, Form
VTR-264, on a release of lien such as the Prescribed Form for Release of Lien, Form
VTR-266, or on an Application for a Certified Copy of Title, Form VTR-34.
16.8 Repossessions
A repossession is a foreclosure by a lienholder under the terms of a lien against a motor
vehicle, house trailer, trailer, or semitrailer. The department should never advise anyone
that a repossession can or cannot be made. Texas titles laws regarding repossessions are
applicable only after the lienholder has foreclosed on the lien and repossessed the vehicle.
In some situations, it is necessary for a lienholder to file suit in court to foreclose its lien.
Required Evidence
The following evidence should support an application for Texas title resulting from a
repossession:
• Texas Titles Evidence
• Out of state Evidence
• “Floor Plan” Lien Evidence
• Repossession Affidavit Evidence
Repossessions
Motor Vehicle Title Manual 16-13 TxDMV April 2015
Texas Titles Evidence
A repossession affidavit as prescribed by the department, Affidavit for Repossessed Motor
Vehicle, Form VTR-264, or a notarized document with the same information as shown on
the Form VTR-264 must be completed by the lienholder or an authorized agent of the
lienholder. If an agent is signing for an individual or a deceased person, evidence of that
authority (power of attorney, letters testamentary, etc.) must be attached.
The original (or certified copy) title recording the lien and in the name of the person from
whom the repossession was made must be assigned by the lienholder to a subsequent
purchaser. No assignment of title is necessary if the title issues in the lienholder’s name.
If the latest title is not in the name of the person from whom the repossession was made,
the title must be assigned to that person, and either an application filed in their name
recording the lien, or a certified copy of the security agreement attached. The lienholder
(dealers included) must title in their name before transferring to a subsequent purchaser.
If the lien is not recorded on the latest Texas title, the a copy of the security agreement
must be attached and the vehicle must be titled in the name of the person from whom the
repossession was made. The title is not required provided a verification of title record is
presented. Lienholders (dealers included) must secure title in their name when
repossession is made from a security agreement only on Texas titled vehicles.
A copy of the current registration receipt must be attached to the title transaction. A
recorded lienholder may repossess and transfer an unregistered vehicle; however, the
vehicle must be registered when the purchaser files application for Texas title, if
applicable.
Valid proof of financial responsibility is required.
Note: A “Title Only” transaction is not acceptable.
Out of state Evidence
A vehicle last titled out of state, can be repossessed and titled in Texas only under certain
conditions. The out of state title has to be in the name of, or assigned to, the person from
whom the repossession is made. The out of state lienholder may assign the title to transfer
ownership.
A Texas lienholder recorded on an out of state title can assign the title; otherwise, the
Texas lienholder must title in their name (same as unrecorded lien) before further transfer
can be made.
The negotiable out of state evidence of ownership in the name of, or assigned to, the
person from whom the repossession is made must be surrendered in support of the
application. If the title or registration receipt (if from a non-title state) is not surrendered,
the lienholder must repossess out of state and obtain a title or registration receipt in the
lienholder’s name from that state before transfer in Texas.
If the lienholder is unable to obtain the negotiable out of state evidence of ownership,
written verification is required from the out of state authorities that indicates the recorded
owner is either the lienholder or the person from whom the repossession is made and that
state does not issue a title or registration receipt (if from a non-title state).
Repossessions
Motor Vehicle Title Manual 16-14 TxDMV April 2015
In addition to the above requirements, the following evidence must be attached to the
application for Texas title:
• Properly assigned out of state title or current registration receipt (as stated above).
• Repossession affidavit, either on the Affidavit for Repossessed Motor Vehicle, Form
VTR-264, a notarized document with the same information, or a prescribed
repossession affidavit from the state in which the vehicle was last registered.
• A Vehicle Inspection Report or an Out-of-State Identification Certificate, Form
VI-30.
• A weight certificate for a commercial vehicle as explained in Chapter 10, “Evidence
of Ownership”.
• Valid proof of financial responsibility for the vehicle in the applicant’s name.
Note: When processing a title transfer involving a repossession the following should
be selected as surrendered ownership evidence in RTS:
• “Repossession” when a verification of the title record is being used; or
• “Texas Title”/“Out-of-State Title,” as applicable, when those are
submitted instead of the verification.
“Floor Plan” Lien Evidence
If the dealer is in default under the terms of the security agreement, the lienholder may
repossess and transfer ownership without securing title in the lienholder’s name. The
following must support an application for Texas title in the name of the purchaser:
• Manufacturer’s Certificate of Origin or a certificate of title assigned to the dealership
and reassigned to the purchaser by the lienholder.
• Affidavit for Repossessed Motor Vehicle, Form VTR-264.
• Photocopy of the security agreement or Secretary of State’s Financing Statement,
Form UCC1.
Note: (This type of agreement generally covers all vehicles in a dealer’s inventory
and does not list individual vehicle identification numbers. Whether or not
the security agreement has been filed with the Secretary of State does not
affect the foreclosure procedure.)
• Valid proof of financial responsibility for the vehicle in the applicant’s name.
Note: “Title Only” transactions should not be accepted under this repossession.
Repossession Affidavit Evidence
Any indication of “repossession” in a transaction requires that the application be
supported by a repossession affidavit.
Judicial Sale/Writs of Sequestration
See Judicial Sale and Writs of Sequestration.
Judicial Sale
Motor Vehicle Title Manual 16-15 TxDMV April 2015
Cosigners
When the cosigner of a note on a motor vehicle pays off the note and title is released to
him by the lienholder, the following evidence is required if the owner does not assign the
title to the cosigner:
• Assignment of the note transferring it from the lienholder to the cosigner. The cosigner
may then follow repossession procedures; or
• Obtain a court order awarding title to the cosigner.
Repossession Affidavits
When a lienholder (an individual) repossesses, the repossession affidavit must be signed
by the individual, unless a current dealer number appears adjacent to the name. If no
dealer number is apparent, a power of attorney must be attached for an agent to sign.
16.9 Judicial Sale
A judicial sale is one by order, decree, or judgment of any court directing a sheriff or
constable to sell at public sale property of a defendant, the proceeds of which to be
returned by said sheriff or constable to the court or to the plaintiff as the order may direct.
A sheriff or constable cannot sell a vehicle at public sale without an order by a court of
competent jurisdiction except under authority of the Texas Abandoned Motor Vehicle
Act. Refer to Chapter 22, “Abandoned Vehicles”).
A sheriff’s or constable’s bill of sale (usually a printed form) is not always sufficient
evidence for a purchaser to obtain a title. The bill of sale should:
• refer to the court and court order number
• correctly describe the property being sold
• provide the names of the parties to the suit, and
• provide the name and address of the purchaser as explained under the subject of
receivership above, the owner and lienholder as recorded on the current title must be
shown on the bill of sale or court order as a party to the suit or the title must be
properly assigned and attached to the title application. If a lien is recorded on the
outstanding title, a release of the lien must be attached.
A copy of the court order authorizing the sale of a vehicle should be required if the
sheriff’s or constable’s bill of sale does not furnish sufficient information as outlined
above, especially if the parties to the suit do not “tie in” with the owner and/or lienholder
as recorded on the current title. In addition, if there is no record of Texas title, a copy of
the court order is required. If the vehicle was last registered out of state, a Vehicle
Inspection Report or an Out-of-State Identification Certificate, Form VI-30, and
verification of title and lien information from the out of state motor vehicle authorities are
required.
The purchaser, shown on a judicial bill of sale, must title in their name before transferring
ownership, unless the purchaser is a Texas licensed dealer in which case the dealer may
transfer the vehicle by executing the Dealer’s Reassignment of Title for a Motor Vehicle,
Form VTR-41-A.
Seized and Forfeited Vehicles
Motor Vehicle Title Manual 16-16 TxDMV April 2015
When a judgment has been awarded in favor of a plaintiff, the court may issue a Writ of
Execution directing a sheriff or constable to sell property belonging to the defendant to
satisfy the judgment. A title transaction supported by a Writ of Execution must also be
supported by a sheriff’s or constable’s bill of sale, which meets the requirements outlined
above.
An involuntary divestiture of ownership occurring out of state or country is governed by
the laws of the state or country in which it occurred; consequently, title should be cleared
out of state/country before the vehicle may be registered and titled in Texas.
Writs of Sequestration
A court may issue a Writ of Sequestration directing a sheriff or constable to seize property
for the foreclosure of a mortgage or the enforcement of a lien. A title transaction supported
by a Writ of Sequestration must also be supported by a sheriff’s or constable’s bill of sale.
The purchaser as shown on the Sheriff’s Bill of Sale must title in their name except:
• When the purchaser is a dealer, the dealer may use a Dealer’s Reassignment of Title
for a Motor Vehicle, Form VTR-41-A, or assign the title.
• When the purchaser is the recorded lienholder, the lienholder may transfer ownership
by assigning the title.
If a Sheriff’s Bill of Sale is attached to an application for Texas title, a repossession
affidavit is not required because all writs of sequestration are not issued as a result of a suit
being filed for the foreclosure of a mortgage.
On an out of state repossession by sequestration, a copy of the security agreement is not
required. The out of state title (or registration receipt, if from a non-title state), the
repossession affidavit, the Vehicle Inspection Report or Out-of-State Identification
Certificate, Form VI-30, and the Sheriff’s Bill of Sale is sufficient evidence to support the
application for Texas title.
16.10 Seized and Forfeited Vehicles
If a state or federal law provides that upon commission of a certain act a “vehicle shall be
forfeited” then the ownership of the vehicle transfers to the government. Under State law
(Code of Criminal Procedure, Chapter 59), a vehicle seized and forfeited may be disposed
(sold, transferred) after the final judgment of forfeiture. All forfeited property is
administered by the attorney representing the state, acting as the agent of the state, in
accordance with accepted accounting practices and with the provisions of any local
agreement entered into between the attorney representing the state and law enforcement
agencies.
If a local agreement has not been executed, the property is sold after the date of the final
judgment of forfeiture at public auction under the direction of the county sheriff, after
notice of public auction as provided by law for other sheriff’s sales.
Proof of Safety Requirements
Proof of compliance with all U.S. safety standards must be filed with the title application
for any motor vehicle with a non-USA vehicle identification number that has been seized
or forfeited. Such proof may consist of:
Seized and Forfeited Vehicles
Motor Vehicle Title Manual 16-17 TxDMV April 2015
• A DOT Form HS-7, which indicates that the vehicle complies with all applicable U.S.
safety standards and may be titled;
• A Bond Release Letter from the National Highway Traffic Safety Administration
(NHTSA) indicating the vehicle has been brought into compliance with all applicable
U.S. safety standards and may be titled;
• Verification from a TxDMV Regional Service Center that a DOT Safety Certification
Label is affixed to the vehicle;
• Verification (on letterhead) from the manufacturer that the vehicle was manufactured
to meet NHTSA safety specifications (vehicle identification number must be shown);
or
• Proof that the vehicle was previously titled in another state and therefore, proof of
compliance with all applicable U.S. safety standards has been provided.
If a forfeited or seized vehicle is awarded by the courts to a law enforcement agency for
their use and the vehicle information indicates the vehicle does not conform to U.S. Safety
Standards (i.e., has a non-USA vehicle identification number) the department issues a
non-negotiable Registration Purposes Only (RPO) receipt in the name of the law
enforcement agency and marks the vehicle record “DOT PROOF REQUIRED.”
Note: These vehicles may not be sold or titled in the United States until sufficient
evidence is presented to verify that the vehicle meets or has been brought into
compliance with all applicable U.S. safety standards.
Contraband Laws
Under Federal Law, a vehicle used to transport narcotics, firearms, or counterfeit money
in violation of the contraband laws may be seized by an officer or agent of the United
States Government and the vehicle disposed of according to law.
State laws also provide for the seizure and forfeiture of vehicles to the State of Texas
when such vehicles are used in the transportation of contraband narcotics in violation of
provisions of the Texas Controlled Substances Act (Health & Safety Code, Title 6,
Chapter 481).
• Motor vehicles seized because of a contraband violation may be disposed of by
agencies of the federal government on a U. S. Marshal’s Bill of Sale.
• The Texas Alcoholic Beverage Commission and the Narcotics Service of the Texas
Department of Public Safety, Criminal Investigations Division, have the legal
authority to seize motor vehicles carrying contraband and may dispose of these motor
vehicles at a public sale by order of court.
Seizure and Sale by Comptroller
Chapter 111 of the Tax Code provides for the State Comptroller to seize and sell the
property of a person who is delinquent in the payment of their taxes. When a motor
vehicle is sold in accordance with this statute, the Comptroller furnishes the purchaser
with a bill of sale. The bill of sale should describe the vehicle and the authority under
U.S. Bill of Sale
Motor Vehicle Title Manual 16-18 TxDMV April 2015
which the vehicle was sold. This bill of sale is acceptable in place of an assigned
certificate of title when the purchaser files the application for Texas title; however, if there
is a lien recorded against the vehicle, a release of lien must also accompany the application
for Texas title.
Seizure and Sale by Texas Alcoholic Beverage Commission
Any vehicle used for the transportation of any illicit beverage may be seized without
warrant by any representative of the Texas Alcoholic Beverage Commission or any peace
officer who arrests any person involved in the violation. In a suit for forfeiture of the
vehicle, if the court finds the state has proved its case, the court may render judgment
forfeiting the vehicle to the State and the vehicle may be sold at public or private sale.
When the vehicle is sold, a sheriff’s or constable’s bill of sale or a bill of sale signed by an
agent of the commission is sufficient evidence to support an application for Texas title (no
release of lien required). If the State fails to prove that an owner or lienholder knowingly
violated some provision of the code, then the court hearing the forfeiture suit may render
judgment delivering possession of the vehicle to the party with the highest priority to
possession of the vehicle.
Liquor Laws
Every vehicle used in the transportation of liquor in violation of the Internal Revenue Law
may be “seized and forfeited” and the vehicle disposed of according to law.
Customs Laws
Any vehicle seized under the provisions of the customs laws may be disposed of
according to law.
16.11 U.S. Bill of Sale
Any vehicle sold under forfeiture proceedings, which meets U.S. safety standards, may be
titled in this state by the purchaser who must file an application for Texas title supported
by a bill of sale from the respective United States Government Officer or Agent (such as a
U.S. Marshal or an agent of the U.S. Treasury Dept.). The purchaser must apply for title in
their name before selling the vehicle unless the purchaser is a licensed dealer, in which
case the dealer may use a Form VTR-41-A to reassign.
Any recorded lienholder interested in a motor vehicle seized under the provisions of the
above paragraphs should contact the respective U.S. Government Agency relative to filing
a claim as provided for by law; however, the filing of a claim would not affect the validity
of any sale accomplished under forfeiture proceedings; and a release of lien is not required
except in the case of Income Tax Liens.
Change of Name (Texas Family Code – Chapter 45)
Motor Vehicle Title Manual 16-19 TxDMV April 2015
16.12 Change of Name (Texas Family Code – Chapter 45)
Any adult may file a petition in court in the county of their residence requesting a name
change and the court may order a change of name. If a title has been issued in the original
name, an application for corrected title should be filed to record the changed name. The
original title and a certified copy of the order or decree should be attached. Name changes
due to marriage do not require a court order and may be corrected by indicating the new
name on the Form 130-U when filing for a corrected title.
16.13 Divorce Suits
On the final disposition of a divorce suit (or annulment), the court may enter a decree
changing the name of either party requesting a name change. An application for corrected
title may be filed to correct the name on the title. A copy of the decree is suggested but not
required. A statement explaining the name change is sufficient. If the ownership of a
vehicle is transferred by the decree from the husband to the wife, or vice versa, an
application for transfer of title must be filed and a certified copy of the divorce decree
attached.
Note: Due to the personal and confidential nature of divorce decrees, copies of the
front page, page that describes the vehicle and confers ownership, and the
signature page are required to be made of the certified copy.
• The Texas title is not required.
• If the vehicle was last titled in another state, the out of state title or verification of title
and registration is required. If the applicant is unable to obtain the title or verification
from the state in which the vehicle was last titled, the options available to obtain Texas
title are as follows:
• Pursue a “Bonded” title, if they meet the requirements set out in Transportation
Code Section 501.053;
• Obtain title in the other state, prior to transferring to Texas; or
• Pursue litigation through a court of competent jurisdiction.
• If the title record shows a lien, a release of the lien must be attached to the application.
If the lien is carried forward to the new application, the title must be attached.
• The divorce decree should adequately describe the vehicle and the vehicle title record
must be in the name of the husband or wife. The person awarded the vehicle is not
required to title in his or her name before transferring ownership. If the vehicle is sold,
the certificate of title should be assigned to the purchaser with a copy of the divorce
decree. However, a Bill of Sale is acceptable when the title is not available.
• Some divorce decrees state that each party shall retain the personal property currently
in his or her possession. For example, if the vehicle is titled in the husband’s name, but
is in the possession of the wife, the outstanding certificate of title must be properly
assigned to her; or a copy of the property settlement agreement, which is filed with the
court, must be attached verifying that she has possession of the vehicle.
• A property settlement agreement between husband and wife is not acceptable by itself
without certified copy of the divorce decree.
Judgments and Decrees
Motor Vehicle Title Manual 16-20 TxDMV April 2015
16.14 Judgments and Decrees
In any civil case, a judgment or decree issued by a Texas court is sufficient evidence for
the issuance of a new title, provided:
• The department was made a party to the suit (named as a defendant).
• If there is a recorded lien and the lienholder was made a party to the suit, the title and a
release of the lien is not necessary.
• If the recorded lienholder was not a party to the suit, a release of the lien is required or
the judgement award the vehicle free and clear of all liens.
• A judgment or decree must be the original or Certified as a true and correct copy on
file with the County or District Clerk.
Note: An original or certified copy of a divorce decree is acceptable with an
electronic judge’s signature, if it contains a statement or stamp that the
original is signed by the judge or was signed electronically.
16.15 Judicial Declaration of Incompetence
If a husband or wife has been judicially declared to be incompetent, the other spouse may
dispose of community property. A copy of the court order must be attached to a
transaction to support the authority of the competent spouse.
16.16 Rights of Survivorship Agreement for a Motor Vehicle
See Chapter 17, “Rights of Survivorship”.
16.17 Texas Uniform Gifts or Transfers to Minors Act
The following procedure applies when the title holder is transferring a gift to a minor
under this Act:
• The title must show the name of custodian, for example,
Vicki Stevens Custodian for Stacey Smith under T.U.G.M.A. or T.U.T.M.A.
• The custodian named in the title assignment must complete the application for Texas
title.
• The name of owner on the application may not exceed the space limitations available
for the name of owner (two 30 character print lines).
• When the title is assigned VTR requires no authorization for the custodian to sign
documents relating to the title transaction.
• After title has been issued, the custodian named on the title must accomplish a title
transfer involving this vehicle unless there is a court order appointing someone else to
act as custodian for the minor.
16.18 Judicial Orders
Transportation Code Section 501.0521
(a) A justice of the peace or municipal court judge may not issue an order related
to a title except as provided by Chapter 47, Code of Criminal Procedure, or
Section 27.031(a)(3), Government Code.
Judicial Orders
Motor Vehicle Title Manual 16-21 TxDMV April 2015
(b) A county or district court judge may not order the department to change the type of
title for:
(1) a nonrepairable vehicle titled after September 1, 2003; or
(2) a vehicle for which the department has issued a certificate of authority under
Section 683.054.
Justice of the Peace (JP) or Municipal Judge Order
When a JP or Municipal Judge holds an examining trial to determine the proper
disposition of property, which has been alleged as stolen, the JP or Municipal Judge may
issue an order to release the property to the person determined to be the rightful owner.
However, any order from a JP or Municipal Judge in this situation must specify that the
order confers ownership, not just possession, of the vehicle, before it may be titled.
A JP or Municipal Judge Order issued in accordance with Article 47.01, Code of Criminal
Procedures, ordering a vehicle delivered to a government agency is acceptable for that
agency to obtain a certificate of title and Exempt license plates.
County or District Court Judge Order
A county or district court judge may award ownership of a vehicle. The order must confer
ownership, not just possession, of the vehicle, before it may be titled. A county or district
court judge may not order the Department to change the type of title for a Nonrepairable
Title issued after September 1, 2003 or for a vehicle which was issued a Certificate of
Authority.
Motor Vehicle Title Manual 17-1 TxDMV April 2015
Chapter 17
RIGHTS OF SURVIVORSHIP
This chapter contains the following sections:
• 17.1 Rights of Survivorship Agreement
• 17.2 Rights of Survivorship Agreement Between a Husband and Wife
• 17.3 Corrected Title to Add Rights of Survivorship
• 17.4 Survivorship Rights remark not Shown on the Title
• 17.5 Persons That are Not Married
• 17.6 Includes a Married Person but not Their Spouse
• 17.7 Title Does Not Show Rights of Survivorship
• 17.8 Includes the Seller of the Vehicle
• 17.9 Rights of Survivorship Agreement Represents Joint Ownership
• 17.10 Rights of Survivorship Agreement Signed in Error
• 17.11 Revoking the Rights of Survivorship Agreement
• 17.12 Certificate of Title Requirements for the Survivor(s)
• 17.13 Entry of Rights of Survivorship into RTS
• 17.14 Unable to Determine Survivor
17.1 Rights of Survivorship Agreement
Transportation Code Section 501.031
(a) The department shall include on each title an optional rights of survivorship
agreement that:
(1) provides that if the agreement is between two or more eligible persons, the
motor vehicle will be owned by the surviving owners when one or more of the
owners die; and
(2) provides for the acknowledgment by signature, either electronically or by
hand, of the persons.
(b) If the vehicle is registered in the name of one or more of the persons who
acknowledged the agreement, the title may contain a:
(1) rights of survivorship agreement acknowledged by all the persons; or
(2) remark if a rights of survivorship agreement is on file with the department.
(c) Ownership of the vehicle may be transferred only:
(1) by all the persons acting jointly, if all the persons are alive; or
(2) on the death of one of the persons, by the surviving person or persons by
transferring ownership of the vehicle, in the manner otherwise required by
law, with a copy of the death certificate of the deceased person.
(d) A rights of survivorship agreement under this section may be revoked only if the
persons named in the agreement file a joint application for a new title in the name
of the person or persons designated in the application.
Rights of Survivorship Agreement Between a Husband and Wife
Motor Vehicle Title Manual 17-2 TxDMV April 2015
(e) A person is eligible to file a rights of survivorship agreement under this section if
the person:
(1) is married and the spouse of the person is the only other party to the
agreement;
(2) is unmarried and attests to that unmarried status by affidavit; or
(3) is married and provides the department with an affidavit from the person’s
spouse that attests that the person’s interest in the vehicle is the person’s
separate property.
(f) The department may develop an optional electronic rights of survivorship
agreement for public use.
Transportation Code, §501.031 provides for two or more eligible persons to enter into a
rights of survivorship agreement and is not restricted to a husband and wife. A vehicle
does not need to be titled in the names of all the persons in the rights of survivorship
agreement, however all persons listed on the title and as survivors are considered joint
owners.
Note: A POA may not be used to sign a rights of survivorship agreement.
Notarized Affidavits
Acknowledgments by county tax assessor-collector’s office personnel, including
deputized full-service offices, are acceptable in place of notarized documents.
Death Certificate
Upon the death of one or more of the persons named in a rights of survivorship agreement,
a copy of the deceased person(s) death certificate must always accompany the application
for Texas title.
Note: A certified copy of the death certificate is not required.
17.2 Rights of Survivorship Agreement Between a Husband
and Wife
A husband and wife do not have to provide or submit any type of documentation to verify
that they are married.
Application for Texas Title
When a husband and/or wife purchases a used or new vehicle and wants the certificate of
title to show the Survivorship Rights remark, the husband and wife may complete the
Rights of Survivorship Ownership Agreement for a Motor Vehicle, Form VTR-122, and
attach it to the application for Texas title. The certificate of title issues showing a
Survivorship Rights remark and upon the death of the husband or wife, the surviving
spouse does not need a separate rights of survivorship form.
Corrected Title to Add Rights of Survivorship
Motor Vehicle Title Manual 17-3 TxDMV April 2015
17.3 Corrected Title to Add Rights of Survivorship
If the original certificate of title does not have a Survivorship Rights remark, and the
husband and wife wants the remark printed on the certificate of title, they may apply for a
corrected certificate of title. A Form VTR-122 may be completed and attached to the
application for corrected certificate of title. The certificate of title issues showing a
Survivorship Rights remark and upon the death of the husband or wife, the surviving
spouse does not need a separate rights of survivorship form.
17.4 Survivorship Rights remark not Shown on the Title
Agreement on the Face of the Certificate of Title
If the existing certificate of title issued in the husband and/or wife’s name was not issued
with a Survivorship Rights remark, the husband and wife may execute the rights of
survivorship agreement and retain the certificate of title until the death of either
necessitates the issuance of a corrected certificate of title (if in both names) or a transfer of
certificate of title (if titled only in name of deceased spouse). The certificate of title and a
copy of the death certificate must accompany the application for Texas title.
Agreements Retained in Personal Records
A husband and wife also have the option of completing a Rights of Survivorship
Ownership Agreement for a Motor Vehicle, Form VTR-122, and retaining it in their
records until the death of the husband or wife necessitates the transfer of title.
Certificate of Title in Both Husband and Wife’s Name
The surviving spouse may apply for a corrected certificate of title to remove the deceased
spouse’s name. The certificate of title, rights of survivorship agreement and a copy of the
death certificate must accompany the application for Texas title.
Certificate of Title in Either Husband or Wife’s Name
If the certificate of title is not in the name of the surviving spouse, the surviving spouse
may apply for a certificate of title in their name. The certificate of title, rights of
survivorship agreement and a copy of the death certificate must accompany the
application for Texas title.
17.5 Persons That are Not Married
Rights of survivorship agreements that indicate, or specify, “husband and wife” may not
be used when the rights of survivorship agreement is between persons that are not married.
Title Shows Survivorship Rights
If two or more persons that are not married wish to enter into a rights of survivorship
agreement and want the certificate of title to show the Survivorship Rights remark, they
must complete a Form VTR-122 and attach it to the application for Texas title or
corrected Texas title. The persons must also attest to their unmarried status by a notarized
affidavit. A certificate of title issues showing a Survivorship Rights remark.
Includes a Married Person but not Their Spouse
Motor Vehicle Title Manual 17-4 TxDMV April 2015
• Upon the death of one or more of the persons named in the rights of survivorship
agreement, a new certificate of title issues to the surviving person or persons or the
surviving person or person’s transferee upon an application for Texas title completed
by the survivor or survivors. A transferee could be a licensed motor vehicle dealer.
• The certificate of title and a copy of the death certificate must accompany the
application for Texas title.
Title Does Not Show Survivorship Rights
If two or more persons that are not married wish to enter into a rights of survivorship
agreement and do not want the certificate of title to show the Survivorship Rights remark,
they may execute a Rights of Survivorship Ownership Agreement for a Motor Vehicle,
Form VTR-122, and a notarized affidavit that attests to their unmarried status and retain
the document(s) in their records until the death of one or more of the persons necessitates
the transfer of certificate of title.
• Upon the death of one or more of the persons named in the rights of survivorship
agreement, a new certificate of title issues to the surviving person or persons upon an
application for Texas title completed by the survivor or survivors.
• The certificate of title, rights of survivorship agreement, affidavit that attests to the
unmarried status, and a copy of the death certificate must accompany the application
for Texas title.
If two or more persons that are not married wish to enter into a rights of survivorship
agreement and do not want the certificate of title to show the Survivorship Rights remark,
they may execute the rights of survivorship agreement on the face of the certificate of title
and a notarized affidavit that attests to their unmarried status and retain the documents
until the death of one or more of the persons necessitates the transfer of title.
• Upon the death of one or more of the persons named in the rights of survivorship
agreement, a new certificate of title issues to the surviving person or persons or the
surviving person or person’s transferee upon an application for Texas title completed
by the survivor or survivors.
• The certificate of title, affidavit that attests to the unmarried status, and a copy of the
death certificate must accompany the application for Texas title.
17.6 Includes a Married Person but not Their Spouse
If a person enters into a rights of survivorship agreement with a person that is married to
someone not shown on the rights of survivorship agreement and they want the certificate
of title to show the Survivorship Rights remark, they must complete a Form VTR-122 at
the time application for a certificate of title or corrected certificate of title is made.
Additionally, any married person must provide a notarized affidavit from their spouse
(who is not shown on the rights of survivorship agreement) which attests that they have no
interest in the motor vehicle and that the motor vehicle is their spouse’s (who is signing
the rights of survivorship agreement) separate property.
Title Does Not Show Rights of Survivorship
Motor Vehicle Title Manual 17-5 TxDMV April 2015
• Upon the death of one or more of the persons named in the rights of survivorship
agreement, a new certificate of title issues to the surviving person or persons or the
surviving person or person’s transferee upon an application for Texas title completed
by the survivor or survivors.
• The certificate of title and a copy of the death certificate must accompany the
application for Texas title.
17.7 Title Does Not Show Rights of Survivorship
If a person enters into a rights of survivorship agreement with a person that is married to
someone not shown on the rights of survivorship agreement and they do not want the
certificate of title to show the Survivorship Rights remark, they may execute a rights of
survivorship agreement Form VTR-122 and a notarized affidavit from the spouse, who is
not shown on the rights of survivorship agreement, which attests that they have no interest
in the motor vehicle and that the motor vehicle is their spouse’s (who is signing the rights
of survivorship agreement) separate property.
• The document(s) must be retained until the death of one or more of the persons in the
rights of survivorship agreement necessitates the transfer of certificate of title in the
name of the survivor or survivors.
• The certificate of title, rights of survivorship agreement, notarized affidavit, and a
copy of the death certificate must accompany the application for Texas title.
If a person enters into a rights of survivorship agreement with a person that is married to
someone not shown on the rights of survivorship agreement and they do not want the
certificate of title to show the Survivorship Rights remark, they may execute the rights of
survivorship agreement on the face of the certificate of title and obtain a notarized
affidavit from the spouse, who is not shown on the rights of survivorship agreement,
which attests that they have no interest in the motor vehicle and that the motor vehicle is
their spouse’s (who is signing the rights of survivorship agreement) separate property. The
document(s) must be retained until the death of one or more of the persons in the rights of
survivorship agreement necessitates the transfer of certificate of title.
• Upon the death of one or more of the persons named in the rights of survivorship
agreement, a new certificate of title issues to the surviving person or persons or the
surviving person or person’s transferee upon an application for Texas title completed
by the survivor or survivors.
• The certificate of title, notarized affidavit, and a copy of the death certificate must
accompany the application for Texas title.
17.8 Includes the Seller of the Vehicle
The seller of a vehicle may enter into a rights of survivorship agreement for the vehicle
being sold if the seller is related as the child, grandchild, parent, grandparent, brother, or
sister of each other person signing the rights of survivorship agreement. These
relationships include those established by adoption.
Rights of Survivorship Agreement Represents Joint Ownership
Motor Vehicle Title Manual 17-6 TxDMV April 2015
17.9 Rights of Survivorship Agreement Represents Joint
Ownership
A motor vehicle is jointly owned when two or more persons execute a rights of
survivorship agreement, even if only one of them is the recorded owner (shown on the
certificate of title). Therefore, all persons shown in a rights of survivorship agreement
must act jointly when ownership is to be transferred. Likewise, a CCO application for a
jointly owned vehicle must include signatures of all persons shown in the rights of
survivorship agreement.
17.10 Rights of Survivorship Agreement Signed in Error
A statement of fact may be used to explain the error when the buyer or seller signs the
rights of survivorship statement on the face of the certificate of title in error.
17.11 Revoking the Rights of Survivorship Agreement
If the persons named in a rights of survivorship agreement wish to revoke their rights of
survivorship agreement, the certificate of title must be surrendered with a new application
for Texas title and all the persons named in the rights of survivorship agreement must
execute the certificate of title assignment.
17.12 Certificate of Title Requirements for the Survivor(s)
Upon the death of one or more of the persons named in a rights of survivorship agreement,
a certificate of title issues to the survivor(s) or to the survivor(s)’ transferee upon
application with the county tax assessor-collector’s office and a copy of the deceased
person’s death certificate if:
• the rights of survivorship agreement is executed on the face of the certificate of title
• the certificate of title indicates the Survivorship Rights remark, or
• the rights of survivorship agreement is on file with the department (imaged records on
file with the department indicate that the Survivorship Rights remark should have been
shown on the certificate of title)
1. A copy of the deceased person’s death certificate must support the application for
Texas title.
2. If the rights of survivorship agreement is executed on the face of the certificate of title
and is between persons other than husband and wife, additional documentation is
required such as the affidavit attesting to unmarried status or the affidavit of
non-interest completed by the spouse not included in the rights of survivorship
agreement.
If the Rights of Survivorship Ownership Agreement for a Motor Vehicle, Form VTR-122,
was executed and retained only in personal records, the survivor(s) is required to apply for
certificate of title in their name.
Entry of Rights of Survivorship into RTS
Motor Vehicle Title Manual 17-7 TxDMV April 2015
17.13 Entry of Rights of Survivorship into RTS
In April 2012, the ability to enter up to two names or select “Multiple Survivors,” when
there are more than two survivors, for individuals who enter into a Rights of Survivorship
Agreement, was added to the Registration and Title System (RTS).
Note: Up to two names or “Multiple Survivors” will print on the Certificate of Title
under the “Survivorship Rights” remark.
The following examples should be used as a guide when determining how to process the
entry of a rights of survivorship agreement in RTS. These examples apply regardless of
marital status.
When an application for Texas title is presented and there are two owners who are
entering into a rights of survivorship agreement with one another, counties should enter
both names in the TTL010 screen. This is the only situation in which an owner’s name
would also be entered into the TTL010 screen to appear under the “Survivorship Rights”
remark.
Example 1:
Owner(s): John Doe, Jane Doe
Survivor(s): John Doe, Jane Doe
Situation: John and Jane are assigning ROS to one another.
RTS Entry: John Doe and Jane Doe are entered on screen TTL007 and again on TTL010.
When an application for Texas title is presented, counties should only enter the survivor
name(s) listed on the ROS or check “Multiple Survivors” (if there are more than two
survivors) on TTL010. Since the owner’s name is already captured on the record
(TTL007) there is no need to repeat it in the ROS agreement.
Example 2:
Recorded Owner(s): John Doe
Survivor(s): Jane Doe
ROS Situation: John enters into ROS with Jane.
RTS Entry: John Doe is entered on TTL007. Jane Doe is entered on TTL010.
Example 3:
Recorded Owner(s): John Doe, Jane Doe
Survivor(s): Jack Doe
ROS Situation: John enters into ROS with Jack.
RTS Entry: John Doe and Jane Doe are entered on TTL007. Jack Doe is entered on
TTL010.
Example 4:
Recorded Owner(s): John Doe, Jane Doe
Unable to Determine Survivor
Motor Vehicle Title Manual 17-8 TxDMV April 2015
Survivor(s): Jack Doe, Jim Doe
ROS Situation: John and Jane are entering into a ROS with Jack and Jim.
RTS Entry: John Doe and Jane Doe are entered on TTL007. Jack Doe and Jim Doe are
entered on TTL010.
Example 5:
Recorded Owner(s): John Doe, Jane Doe
Survivor(s): Jack Doe, Jim Doe
ROS Situation: John enters into ROS with Jack. Jane enters into ROS with Jim.
RTS Entry: John Doe and Jane Doe are entered on TTL007. Jack Doe and Jim Doe are
entered on TTL010.
17.14 Unable to Determine Survivor
Certificates of Title issued prior to April 2012 will only carry the Rights of Survivorship
or Survivorship Rights remark and not the printed names. Records that do not feature the
printed names on the title will need to be verified through TxDMV Regional Service
Centers. (See Vehicle Record (History) in Chapter 2, “Administration and Transaction
Handling Procedures”).
Film records are only available for 10 years; therefore, it is possible the survivors may not
be able to be verified. In this instance, the parties to the survivorship agreement must
provide the necessary signatures. If a dispute arises, a court of competent jurisdiction will
be required to make a determination as to the legal owner of a vehicle.
Motor Vehicle Title Manual 18-1 TxDMV April 2015
Chapter 18
OUT OF STATE REQUIREMENTS
This chapter contains the following sections:
• 18.1 Motor Vehicles Brought Into State
• 18.2 Requirement for Title
• 18.3 Evidence of Ownership
• 18.4 Electronic Lien and Title (ELT) System
• 18.5 VIN Inspection
• 18.6 Vehicles Not Subject to Inspection
• 18.7 Vehicles from Indian Reservations
• 18.8 Trailers and Semitrailers Last Registered or Titled Out of State
• 18.9 Apprehended Out of State Vehicles
• 18.10 Out of State Miscellaneous
• 18.11 Certificate of Title Information for Each State
18.1 Motor Vehicles Brought Into State
Refer to Transportation Code Section 501.030.
18.2 Requirement for Title
A vehicle must be registered and titled in Texas if the owner establishes residency or
becomes gainfully employed in Texas. The vehicle may be operated with current out of
state license plates for 30 days.
A vehicle is not required to be registered and titled in Texas if the owner is a nonresident
member of the United States Armed Forces or a non-resident student attending an
accredited Texas college or university on a full-time basis. Part-time employment is
allowed. The vehicle must display valid license plates and remain currently registered at
all times.
A nonresident owner can transfer their vehicle in Texas under the laws of their home state
by assignment of the out of state title or, if from a non-title state, by an assigned current
registration receipt or a bill of sale if the registration receipt does not contain a transfer of
ownership section. (The out of state registration receipt must reflect registration that is
current or that has been expired for six months or less.) This procedure is reciprocal since
a Texas resident can transfer their vehicle in any other state by assigning the back of the
Texas title.
When a Texas resident has purchased a vehicle with an out of state title that indicates an
assignment to someone other than the Texas purchaser or a licensed motor vehicle dealer,
the options for the “first Texas owner” to obtain title are to pursue a Tax Collector’s
Hearing, a Bonded Title, or a court order. Additionally, the same options apply when a
Texas titled vehicle is sold to an out of country dealer or resident and then resold to a
Texas resident on the existing Texas title.
Evidence of Ownership
Motor Vehicle Title Manual 18-2 TxDMV April 2015
If an assignment of title is assigned to a person in the military or non-resident student who
is stationed or attending a college or university in Texas, the purchaser should apply for
title and registration in their name in Texas or their home state before the vehicle may be
sold or encumbered.
18.3 Evidence of Ownership
All states have some type of certificate of title law and issue a certificate of title document
to convey ownership. (Refer to the Title Information for Each State Chart)
In some states, title laws apply only to certain year model vehicles; and vehicles of prior
year models are excluded and issued only registration receipts. Therefore, the term
“non-title state,” as used in this manual, refers to states which exclude certain year motor
vehicles from the title requirements.
Canada and Mexico are considered “non-titled.” These countries issue annual registration
receipts as evidence of ownership.
The first Texas title applicant of an out of state motor vehicle should attach the following
evidence of ownership to the application for Texas title:
1. New and Unregistered Vehicle – A Manufacturer’s Certificate of Origin (MCO).
2. Used Vehicle from a Title State – The out of state title with any recorded liens released
and complete assignments starting with the owner as shown on the face of the title and
an original Vehicle Inspection Report or Out-of-State Identification Certificate, Form
VI-30, containing an the original signature of the inspector.
Note: A release of lien is not required if there is no transfer of ownership involved
and the same lienholder, as recorded on the out of state title, is shown on the
application for Texas title.
Note: For titling purposes, an Out-of-State Identification Certificate, Form VI-30,
issued prior to March 1, 2015, is valid for up to a year after issuance and will
continue to be accepted after March 1, 2015.
3. Used Vehicle from Non-Title State – A registration receipt (current or has been
expired no more than six months) with an assignment to the Texas applicant or a
registration receipt (current or has been expired no more than six months) along with a
bill of sale to the Texas applicant; either of which must be accompanied by an original
Vehicle Inspection Report or Out-of-State Identification Certificate, Form VI-30,
containing an original signature of the inspector.
Note: Texas licensed motor vehicle dealers may not “dealer register” a used motor
vehicle in the dealership’s name prior to the sale of the vehicle. Dealers who
wish to secure Texas license plates for vehicles covered by manufacturer’s
certificates, U.S. Government Certificate to Obtain Title to a Motor Vehicle,
Form 97, or out of state evidence of ownership must apply for Texas Title in
the dealership’s name or attach a dealer license plate.
Evidence of Ownership
Motor Vehicle Title Manual 18-3 TxDMV April 2015
Assignment or Release of Ownership
Each state provides for an assignment or release of ownership on the certificate of title,
and the information required in each assignment or release of ownership must be
complete.
There are three general types of assignments on out of state titles:
• An assignment in which the seller appears before a person authorized to take
acknowledgments (notary) and the purchaser’s name is a part of the assignment.
• An assignment in which the seller’s signature is witnessed by another individual and
the name of the purchaser is a part of the assignment.
• A release of ownership in which the owner releases their interest in a motor vehicle by
signing his or her name and dating the release in the designated space. If a title of this
type provides a space for the purchaser’s name in the release, it must be shown.
Some states provide a space on the back of their titles for an applicant to apply directly for
title. These “applications for title” may not be used as an assignment or as a reassignment
of title to a motor vehicle.
Some states provide for additional assignments for dealers by providing a form to be
attached to their titles when all the assignments have been used. These additional
assignments together with the out of state title may be used to support an application for
Texas title. A Dealer’s Reassignment of Title for a Motor Vehicle, Form VTR-41-A, may
be used by Texas licensed dealers in the same manner. Title transactions that do not reflect
a licensed out of state dealer license number are acceptable.
Note: If all the assignments are completed on an out of state title, which complies
with the Federal odometer disclosure requirements, the out of state dealer
must use a reassignment document, which also conforms with Federal
odometer disclosure requirements to transfer ownership to a Texas dealer or
resident. A bill of sale may be used if all dealer reassignments sections on the
out of state title have been completed and that state does not use supplemental
dealer reassignment forms or does not require the dealer to apply for title in
their name. If an application for Texas title is filed, the odometer disclosure
statement (fields 9 and 10) should be completed or the odometer disclosure
statement must be included in the bill of sale when sold to a retail buyer.
Non negotiable titles issued by other states are not accepted as evidence of ownership in
securing Texas title and registration.
Undisclosed Liens
Some states issue certificates of title that contain the legend: “This vehicle may be subject
to an undisclosed lien.” These titles may be accepted in support of an application for
Texas title.
Evidence of Ownership
Motor Vehicle Title Manual 18-4 TxDMV April 2015
Restricted Titles
“Restricted” out of state certificates of title which are issued for vehicles that could not
pass the state’s motor vehicle inspection requirements are acceptable as evidence of
ownership provided a Vehicle Inspection Report or an Out-of-State Identification
Certificate, Form VI-30, is attached verifying that the vehicle has passed the Texas safety
inspection requirements.
Current Registration Receipt
A validated current registration receipt or verification (by letter or fax from the proper
state authorities or by a copy of the registration receipt) is evidence of ownership from a
nontitle state and some foreign countries. This registration receipt should be in the name
of the applicant or properly assigned to the applicant. A bill of sale may be accepted, if no
assignment is provided on the registration receipt.
Validated Receipt
A validated receipt is one with an official stamp, seal, signature, or license number and
date. Some receipts are only applications for registration that are mailed to the motor
vehicle owners by the nontitle state; and are not validated until the fee has been paid.
Registration Receipt
A registration receipt from a nontitle state or country is acceptable evidence of ownership
for six months after expiration of registration. If the receipt is not current, a statement
must be attached that the surrendered registration receipt is the last registration for the
vehicle. The statement must be signed by the owner, as shown on the receipt, and by all
other owners that have owned the vehicle since the date of expiration. Additionally, the
statement should explain if the vehicle has been registered since the last registration date.
Registration Receipt from a Non-title State
A registration receipt from a non-title state or country must show a complete chain of
transfers to the Texas title applicant.
Out of state evidence surrendered to support an application for Texas title should be
examined with consideration of the laws of that state or country.
Joint Ownership
If the words “or” or “and/or” are shown to indicate dual or joint ownership on any out of
state evidence, either one or both of the owners may assign the evidence of ownership as
seller(s) or make application for Texas title. However, the words “or” or “and/or” should
not be shown on the application for Texas title. If dual or joint ownership is indicated by
the word “and” on the out of state evidence, then both owners must release their interest or
provide a power of attorney from the one not signing. (Refer to Chapter 11, “Signature –
Authority to Sign” for further discussion)
Electronic Lien and Title (ELT) System
Motor Vehicle Title Manual 18-5 TxDMV April 2015
Estates
When an out of state title has been issued in the name of an estate and states the name of
the executor, administrator, guardian, etc., or the title is issued in the name of the executor,
administrator, guardian, etc., no proof of authority is required for an application for a
Texas title in the name of the estate or in the name of the executor, administrator,
guardian, etc., or for the title assignment.
18.4 Electronic Lien and Title (ELT) System
States with an ELT program allow for the electronic recording of liens. Accordingly, no
title document is issued until a lien is satisfied. Once an electronic lien is satisfied, a clear
certificate of title is issued. The clear title may or may not exhibit the following indicators:
• A prior lien notation
• An “ELT designation”
• A new title issuance date indicating when the lien was released
• The dealer’s name as either the addressee or the new lienholder
County tax assessor-collector’s offices should check for one of the indicators when
processing transactions involving a title from an ELT state submitted with a secure POA.
If one of the above indicators is noted on a title, use of the Form VTR-271-A is
acceptable.
The states currently identified as implementing an ELT program are:
• Arizona – AZ
• California – CA
• Florida – FL
• Hawaii – HI
• Idaho – ID
• Kansas – KS
• Massachusetts – MA
• New York – NY
• Ohio – OH
• Pennsylvania – PA
• Virginia – VA
• Washington – WA
Applicants wishing to transfer a title from an ELT state to a Texas title must present the
out of state title as proof of ownership. Otherwise, they should apply for “Registration
Purposes Only” or go through the hearing/bond process to secure a negotiable Texas
Certificate of Title.
18.5 VIN Inspection
A vehicle last registered or titled outside the State of Texas must pass a Texas Safety
Inspection and the vehicle identification number must be verified by a TxDPS authorized
safety inspection station before applying for Texas title and/or registration. Upon
verifying the vehicle identification number, the inspection station completes the
VIN Inspection
Motor Vehicle Title Manual 18-6 TxDMV April 2015
Department of Public Safety’s Vehicle Inspection Report or Out-of-State Identification
Certificate, Form VI-30, and gives it to the applicant for submission to the county tax
assessor-collector’s office when filing an application for Texas title. Either of these
documents must be original containing an original signature of the inspector. A copy is not
acceptable.
Note: For titling purposes, an Out-of-State Identification Certificate, Form VI-30,
issued prior to March 1, 2015, is valid for up to a year after issuance and will
continue to be accepted after March 1, 2015.
Vehicle Inspection Report or Out-of-State Identification Certificate
The Vehicle Inspection Report or Out-of-State Identification Certificate, Form VI-30,
must be properly completed and reflect the correct vehicle identification number,
odometer reading, and description of vehicle as follows:
Motor Number of 1955 and Prior Models
The motor number must be shown on the Vehicle Inspection Report or Out-of-State
Identification Certificate, Form VI-30, and on the application for Texas title and agree
with the out of state basic evidence except as follows:
• If the basic out of state evidence records a serial number for a 1955 or prior model and
the Vehicle Inspection Report or Out-of-State Identification Certificate, Form VI-30,
also records the serial number, the vehicle may be titled under the serial number.
• If the basic out of state evidence records the motor number of a 1955 or prior model
and the Vehicle Inspection Report or Out-of-State Identification Certificate, Form
VI-30, records the serial number, the transaction must be rejected for a corrected
Vehicle Inspection Report or Out-of-State Identification Certificate, Form VI-30,
showing the motor number, a pencil tracing of the motor number, or a Form
VTR-68-A. The vehicle title must be titled using the motor number.
Serial Number of 1956 and Later Models
Serial Number of 1956 and Later Models and all Fords, Mercurys, and Lincolns
manufactured Since March 31, 1932 must be shown on the Vehicle Inspection Report or
Out-of-State Identification Certificate, Form VI-30, and on the application for Texas title
and must agree with the out of state basic evidence. However, if the basic out of state
evidence records a motor number, the owner must provide a pencil tracing of both the
motor number and the serial number and the vehicle titles under the serial number.
One or Two Character Errors
If a one or two character error in the vehicle identification number is discovered on the out
of state evidence, the error can be corrected without verification from the authorities of the
issuing state. The application for Texas title showing the correct vehicle identification
number must be supported by the out of state evidence (with the error), the Vehicle
Inspection Report or Out-of-State Identification Certificate, Form VI-30, and a pencil
tracing of the correct vehicle identification number or, if it is not possible to obtain a
VIN Inspection
Motor Vehicle Title Manual 18-7 TxDMV April 2015
pencil tracing a Statement of Physical Inspection, Form VTR-270, verifying the correct
vehicle identification number. If an error is in the vehicle identification number on the
Vehicle Inspection Report or the Out-of-State Identification Certificate, Form VI-30, a
corrected certificate is required.
Information Agreement
The make of vehicle, year model, and body style as shown on the out of state evidence
must agree with the description as shown on the Vehicle Inspection Report or Out-of-State
Identification Certificate, Form VI-30, except when it can be determined that the out of
state evidence is in error or that the inspector has made a mistake in the description of
vehicle and the correct make, year model, or body style can be confirmed by the vehicle
identification number. If it is determined that the make, year model, or body style is
recorded on the out of state evidence in error, but is shown correctly on the Vehicle
Inspection Report or Out-of-State Identification Certificate, Form VI-30, the owner does
not need to obtain verification from the state that issued the incorrect evidence of
ownership. If it is determined, that the out of state evidence is correct but the Vehicle
Inspection Report or Out-of-State Identification Certificate, Form VI-30, is in error, a
corrected certificate is not required.
License Numbers
• Out of state license numbers are not required on the Vehicle Inspection Report or
Out-of-State Identification Certificate, Form VI-30; however, this information should
be shown, if possible.
Inspection Information
• If an Out-of-State Identification Certificate, Form VI-30, is used, the date, signature,
station number, and name of station should be filled in completely by the inspector;
however, the Form VI-30 is acceptable as long as it is signed by the inspector. A
Vehicle Inspection Report will contain each of these items and an original signature is
always required.
• If an Out-of-State Identification Certificate, Form VI-30, the vehicle identification
number may be either typed or written on the Out-of-State Identification Certificate,
Form VI-30, but if altered, a new Out-of-State Identification Certificate, Form VI-30,
is required.
• In the event a Vehicle Inspection Report or Out-of-State Identification Certificate,
Form VI-30, indicates that a vehicle identification number is missing, altered, or
illegible, the department may assign a number in accordance with the provisions of
Transportation Code Section 501.032.
• The current odometer reading at the time of the inspection should be recorded on the
Vehicle Inspection Report or Out-of-State Identification Certificate, Form VI-30, by
the inspector. When the Vehicle Inspection Report or Out-of-State Identification
Certificate, Form VI-30, conflicts with the mileage recorded on the title application,
the mileage on the title application should be accepted.
VIN Inspection
Motor Vehicle Title Manual 18-8 TxDMV April 2015
Texas Vehicle Inspections
If the owner of an out of state vehicle has a current safety inspection that cannot be
verified in RTS they must provide a Vehicle Inspection Report or an Out-of-State
Identification Certificate, Form VI-30.
The provisions of Refer to Transportation Code Section 501.030. require a vehicle last
registered and titled out of state to pass the Texas safety inspection before it may be
registered and/or titled in Texas and applies to all motor vehicles. Exceptions (see also
Vehicles Not Subject to Inspection) include:
• Vehicles, such as farm trailers/semitrailers and machinery, which may be registered
but not titled.
• Vehicles which are titled but not required to be registered.
• Off highway motorcycles, ATVs, and ROVs.
• Travel trailers, trailers, and semitrailers having gross weights of 4,500 pounds or less.
• Travel trailers used as a residence, and are being registered for the sole purpose of
obtaining a certificate of title and not for operation on highways. The applicant is
required to complete a “Travel Trailer” or “Park Model Trailer” Verification, Form
VTR-141, certifying that the vehicle is not in operation on the highways of this State
and that the applicant has physically inspected the vehicle to verify the correct serial
number.
• Vehicles registered with Antique, Parade, or Disaster Relief license plates. When
processing these vehicle titles, the county tax assessor-collector’s office should apply
the “VIN Certification Waived” remark to the vehicle record. This remark carries
forward until the owner submits an application for regular registration with the
required Vehicle Inspection Report or Out-of-State Identification Certificate, Form
VI-30.
• Vehicles previously owned by the federal government and transferred on the United
States Government Certificate to Obtain a Title to a Motor Vehicle, Form 97.
• Vehicles previously registered with Federal “Diplomat” license plates that are
transferred on a U. S. Department of State Certificate of Authority to Sell a Vehicle.
• Vehicles displaying slow moving vehicle emblems, such as road construction
equipment, that are designed to operate at a maximum speed of 25 mph or less.
• Vehicles registered with Custom Vehicle or Street Rod license plates. (These vehicles
have a separate inspection process.)
• Vehicles which are imported free of duty into the United States for use of members of
the German Federal Armed Forces (or a civilian component of the German Federal
Armed Forces), provided the transaction is accompanied by proper evidence of
ownership and a self-certification verifying the vehicle identification number.
Vehicles Titled but Not Located in Texas
A Vehicle Inspection Report or an Out-of-State Identification Certificate, Form VI-30, is
not required when a vehicle is to be titled in Texas but not located in Texas and the
application involves:
• Apportioned vehicles
Vehicles Not Subject to Inspection
Motor Vehicle Title Manual 18-9 TxDMV April 2015
• Military personnel who are Texas residents whose duty stations are located outside the
State
• Students who are Texas residents enrolled in accredited out of state colleges or
universities
• Elected officials serving in the United States Congress
• Texas residents who are full time recreational vehicle users who are temporarily out of
state (exemption is applicable to the recreational vehicle only)
Texas residents who purchase a vehicle out of state and are not exempted by any of the
above provisions must contact the Austin Headquarters office for approval of
self-certification on an individual basis.
Military Personnel
Military personnel who are Texas residents (claim Texas as their legal state of residence)
stationed outside the state may continue to title and register their vehicle in Texas. They
may use the self-certification form verified by the Provost Marshal. If the self-certification
is not verified by the Provost Marshal, the applicant must provide verification that he or
she is currently stationed out of state. Verification may consist of military orders, etc.,
which indicate the current duty station of the applicant.
Students
Students located outside the State may use the self-certification form with verification that
they are an actual student. Verification may consist of a tuition receipt, enrollment form,
student identification card, etc., which confirms that the student is currently enrolled in an
accredited college or university outside the State. It is not necessary for the title
application to be in the name of the student.
18.6 Vehicles Not Subject to Inspection
Transportation Code Section 548.052
This chapter does not apply to:
(1) a trailer, semitrailer, pole trailer, or mobile home moving under or bearing a
current factory-delivery license plate or current in-transit license plate;
(2) a vehicle moving under or bearing a paper dealer in-transit tag, machinery
license, disaster license, parade license, prorate tab, one-trip permit, antique
license, custom vehicle license, street rod license, temporary 24-hour permit,
or permit license;
(3) a trailer, semitrailer, pole trailer, or mobile home having an actual gross
weight or registered gross weight of 4,500 pounds or less;
(4) farm machinery, road-building equipment, a farm trailer, or a vehicle
required to display a slow moving vehicle emblem under section 547.703;
(5) a former military vehicle, as defined by Section 504.502; or
(6) a vehicle qualified for a tax exemption under Section 152.092, Tax Code; or
Vehicles from Indian Reservations
Motor Vehicle Title Manual 18-10 TxDMV April 2015
(7) a vehicle for which a certificate of title has been issued but that is not required
to be registered.
A vehicle that is not subject to the Texas safety inspection requirements because they are
exempt, located out of state, or will not operate on Texas public roads must submit a
self-certification instead of a Vehicle Inspection Report or an Out-of-State Identification
Certificate, Form VI-30.
When applying for:
• A Texas Title for a vehicle located out of state, the owner must complete and submit a
Vehicle Identification Number Self-Certification, Form VTR-272-B.
• A Registration Purposes Only, the owner must complete and submit an Application for
Registration Purposes Only, Form VTR-272.
• A Texas Title for an off-highway use only vehicle, the owner must complete and
submit a Statement of Physical Inspection, Form VTR-270.
• A Texas Title for a vehicle that is not subject to the Texas safety inspection
requirements, the owner must complete and submit a Form VTR-270.
• A Title Only, the owner must complete and submit a Form VTR-270. Counties
should apply the “VIN Certification Waived” remark when a customer files a Title
Only application without submitting a Vehicle Inspection Report or an Out-of-State
Identification Certificate, Form VI-30. Later, when registering the vehicle, the
customer must then submit a new title application to remove the “VIN Certification
Waived” remark.
18.7 Vehicles from Indian Reservations
Native American Tribal titles from tribes that are federally recognized and are accepted by
the appropriate state authority are acceptable title documents to support application for
Texas Title. The tribal title requires the supporting documentation as that of other out of
state titles (but “FOREIGN EVIDENCE” is the appropriate selection in RTS to avoid
NMVTIS inquiry errors.). The states of North Dakota and Oklahoma have confirmed
acceptance of tribal titles within their jurisdictions.
For the latest information on federally recognized Tribal Nations see:
http://www.ncsl.org/issues-research/tribal/list-of-federal-and-state-recogni
zed-tribes.aspx
18.8 Trailers and Semitrailers Last Registered or Titled Out
of State
Acceptable evidence of ownership on used trailers and semitrailers from out of state is as
follows:
• The certificate of title is required for all trailers and semitrailers from title states.
• A registration receipt is required for all trailers and semitrailers from non-title states.
The Vehicle Inspection Report or Out-of-State Identification Certificate, Form VI-30,
issued by a TxDPS authorized safety inspection station, must support each application for
Texas title for out of state trailers and semitrailers except as provided in Transportation
Code Section 501.030.
Apprehended Out of State Vehicles
Motor Vehicle Title Manual 18-11 TxDMV April 2015
A weight certificate must be attached to an application for Texas title to a trailer or
semitrailer.
Note: The space for weight on the application for Texas title must record the empty
weight of a trailer or semitrailer.
18.9 Apprehended Out of State Vehicles
Out of state vehicles, which are registered in Texas as the result of being apprehended for
registration violations are not subject to the safety inspection requirements, provided
“Registration Purposes Only” is applied for and the application shows an out of state
address. The applicant must furnish a self-certification statement as to the correct vehicle
identification number appearing on the vehicle. A Vehicle Inspection Report or an
Out-of-State Identification Certificate, Form VI-30, is required if a Texas address is
shown on the Application for Registration Purposes Only, Form VTR-272.
Note: The department or a Law Enforcement Officer is authorized to waive the
requirements of a weight certificate for commercial vehicles.
Note: When a vehicle is being registered as the result of an apprehension, the county
tax assessor-collector’s office must check the box to indicate apprehension.
18.10 Out of State Miscellaneous
Registration Purposes Only
If a holder of a registration purposes only receipt issued by Texas desires a negotiable
Texas Certificate of Title a Vehicle Inspection Report or an Out-of-State Identification
Certificate, Form VI-30 is not required if the Texas registration receipt or non negotiable
title was issued prior to September 1, 2001.
Out of State License Plates
A Vehicle Inspection Report or an Out-of-State Identification Certificate, Form VI-30, is
required when the evidence supporting an application for Texas title is a tax collector’s
hearing order or an auction sales receipt covering a vehicle that displays out of state
license plates.
Salvage Vehicles
A salvage vehicle title may be issued when it is needed to allow the owner to transfer
ownership without repairing the vehicle. If the vehicle is later repaired and placed in an
operable condition, the purchaser’s application for Texas title must be supported by the
Texas salvage title and a Rebuilt Vehicle Statement, Form VTR-61, containing the
authorization number or code and date of inspection which is located on the Vehicle
Inspection Report issued by a TxDPS authorized safety inspection station after the motor
vehicle is rebuilt.
Certificate of Title Information for Each State
Motor Vehicle Title Manual 18-12 TxDMV April 2015
Mixed Component Parts
Any application for a Texas title supported by out of state evidence and accompanied by
further evidence of ownership for motor, frame, or body to correct one of the component
parts of the vehicle should not be accepted; correction should be made by the state in
which the vehicle was last registered or titled. However, if that state refuses to issue
corrected evidence, a letter from the out of state titling entity stating such fact must be
attached to the transaction. If the change was made in Texas, the same procedure should
be followed as if the vehicle were titled in Texas (Refer to the TxDMV Assembled and
Rebuilt Vehicle Manual).
Errors
If there is an error in the basic motor or vehicle identification number on a Texas title and
the records reveal the application for the first Texas title was issued from out of state
evidence, refer to Chapter 7, “Corrections” for the correction procedures.
Title Only
A motor vehicle, which was previously titled and/or registered out of state that is issued a
“title only”, is exempt from the Vehicle Inspection Report or Out-of-State Identification
Certificate, Form VI-30, requirement. However, the title and motor vehicle record
indicates a “VIN CERTIFICATION WAIVED” remark. If the vehicle is registered at a
later date, the applicant must apply for title and registration. In support of the title
application, the applicant must provide a Vehicle Inspection Report or an Out-of-State
Identification Certificate, Form VI-30, a weight certificate (if the vehicle is commercial),
valid proof of insurance, and negotiable evidence of ownership.
18.11 Certificate of Title Information for Each State
Table 18-1 (Current as of 1/12).
Table 18-1 Title Information for Each State
State Applicable To And Exceptions
Alabama Every motor vehicle not more than 35 model years old and travel trailers not more than 20
model years old. ATVs and off-road vehicles are not titled.
Alaska All year model vehicles, except salvage, ATVs and off-road vehicles.
Arizona All year model vehicles, except mopeds.
Arkansas All year model vehicles, except off-road vehicles and mopeds.
California All year model vehicles.
Colorado All year model vehicles, except ATVs, off-road vehicles, and mopeds.
Connecticut All 1981 and subsequent year model vehicles. All trailers less than 3,000 lbs. gross weight,
ATVs, off-road vehicles, and mopeds are not titled.
Delaware All year model vehicles, except ATVs and off-road vehicles.
Dist. Of Columbia All year model vehicles, except ATVs and off-road vehicles.
Florida All year model vehicles, except ATVs and off-road vehicles purchased prior to 7/1/02, and
trailers weighing less than 2,000 lbs and mopeds.
Georgia All 1986 and newer year model vehicles except ATVs, mopeds, off-road vehicles,
homemade trailers, and utility trailers weighing less than 2,000 lbs.
Hawaii All year model vehicles, except trailers of all sizes, ATVs, off-road vehicles, and mopeds.
Idaho All year model vehicles, all trailers over 2,000 lbs. unladen, certain mopeds, and new all
new purchases of ATVs or off-road vehicles.
Illinois All year model vehicles.
Indiana All year model vehicles and camping trailers manufactured after January 1, 1986, except
mopeds and the titling of ATVs is optional.
Certificate of Title Information for Each State
Motor Vehicle Title Manual 18-13 TxDMV April 2015
Iowa All year model vehicles and ATVs new or acquired on or after January 1, 2000, except
trailers/semitrailers with an unladen weight of 2,000 lbs. or less.
Kansas All year model vehicles, trailers over 2,000 lbs. gross weight, farm trailers over 6,000 lbs. or
more.
Kentucky All year model vehicles, except off-road vehicles and mopeds. ATVs are optional.
Louisiana All year model vehicles.
Maine All 15 year model vehicles and newer, except any trailer with an unladen weight of 3,000
lbs. or less, ATVs, mopeds, and motorcycles with less than 300 cc.
Maryland All year model vehicles, except mopeds. Boat and utility trailers with a 2,500 GVWR or less
and ATVs are optional.
Massachusetts All vehicles purchased after 9/1/72, except trailers having a gross weight of 3,000 lbs. or
less, ATVs, off-road vehicles, and mopeds.
Michigan All year model vehicles, off-road vehicles, and trailers weighing more than 2,500 lbs.,
except mopeds.
Minnesota All year model vehicles except trailers having a gross weight of 4,000 lbs. or less unless
secured by a lien or previously titled, trailers designed primarily for agricultural purposes,
ATVs, and off-road vehicles.
Mississippi All motor vehicles manufactured or assembled after July 1, 1969 and all user car
transactions after July 1, 1969 or brought into the state from a state requiring titling. Titling
for all other vehicles bought in the state are optional, except pole trailers, utility trailers of
less than 5,000 lbs. gross vehicle weight, ATVs, and off-road vehicles are not titled.
Missouri All year model vehicles, except mopeds.
Montana All year model vehicles and off-highway vehicles, except mopeds.
Nebraska All year model vehicles, ATVs (purchased new after 1-1-04), UTVs (purchased after
1-1-12), low speed vehicles (purchased after 1-1-12), except mopeds, utility trailers with
gross weight of 9,000 lbs. or less, and off-road vehicles.
Nevada All year model vehicles except ATVs. Mopeds are optional.
New Hampshire Vehicles that are 15 model years old and newer, and heavy trucks (3 or more axles) and
truck-tractors with a gross weight in excess of 18,000 lbs. Trailers with a gross weight of
less than 3,001 lbs., off-road, ATVs, and mopeds are exempt.
New Jersey All year model vehicles, except certain non-conventional type vehicles.
New Mexico All year model vehicles.
New York 1973 and newer models except mopeds, off-highway vehicles, trailers with an unladen
weight less than 1,000 lbs., and ATVs.
North Carolina All year model vehicles, except ATVs, mopeds and off-road vehicles.
North Dakota All year model vehicles, and off-highway vehicles except luggage and utility trailers.
Ohio All year model vehicles, except all trailers with a GVW of 4,000 lbs. or less, mopeds,
off-road vehicles.
Oklahoma All year model vehicles except for ATVs and off-road vehicles (purchased prior to 7/1/05).
Boat, luggage, and utility trailers are exempt.
Oregon All year model vehicles. Trailers with a loaded with of 1,800 lbs. or less and ATVs are
optional.
Pennsylvania All year model vehicles.
Rhode Island All vehicles 10 years old or newer must be titled, except ATVs, off-road vehicles, trailers
having a carrying capacity of 3,000 lbs. or less, and mopeds.
South Carolina All year model vehicles, except for mopeds, and ATVs.
South Dakota All year model vehicles, except mopeds (optional).
Tennessee All year model vehicles and off-road vehicles, except for boat and collapsible camping
trailers.
Texas All year model vehicles, except for trailers with an empty weight of 4,000 lbs. or less,
semitrailers with a gross weight of 4,000 lbs. or less.
Utah All year model vehicles, except trailers with an unladen weight of 750 lbs. or less.
Vermont All vehicles 15 years old or newer, and ATVs/off-road vehicles beginning with 2004 model
year. Trailers with an unladen weight of 1,500 lbs. or less and motorcycles with less than
300 cubic centimeters of engine displacement and mopeds are exempt.
Virginia All year model vehicles, except ATVs, off-road vehicles, and mopeds.
Washington All year model vehicles.
West Virginia All year model vehicles.
Wisconsin All year model vehicles, except trailers 3,000 lbs. or less unladen weight or ATVs and
off-road vehicles.
Wyoming All year model vehicles.
State Applicable To And Exceptions
Certificate of Title Information for Each State
Motor Vehicle Title Manual 18-14 TxDMV April 2015
Motor Vehicle Title Manual 19-1 TxDMV April 2015
Chapter 19
IMPORTED VEHICLES
This chapter contains the following sections:
• 19.1 Motor Vehicles Brought Into State
• 19.2 Evidence of Ownership
• 19.3 Additional Documentation
• 19.4 Proof of Compliance with USDOT Safety Requirements
• 19.5 United States Customs Entry/Clearance Documentation
• 19.6 Registration Purposes Only (RPO) for Foreign Vehicles
• 19.7 Tax Collectors Hearing or Bonded Title for Foreign Vehicles
• 19.8 List of Manufacturers to Notify For Proof of Compliance
19.1 Motor Vehicles Brought Into State
Transportation Code Section 501.030
(a) Before a motor vehicle that was last registered or titled in another state or
country may be titled in this state, the applicant must furnish the county
assessor-collector with a verification form under Section 548.256.
(b) Before a motor vehicle that was not manufactured for sale or distribution in the
United States may be titled in this state, the applicant must:
(1) provide to the assessor-collector:
(A) a bond release letter, with all attachments, issued by the United States
Department of Transportation acknowledging:
(i) receipt of a statement of compliance submitted by the importer of the
vehicle; and
(ii) that the statement meets the safety requirements of 19 C.F.R. Section
12.80(e);
(B) a bond release letter, with all attachments, issued by the United States
Environmental Protection Agency stating that the vehicle has been tested
and shown to conform to federal emission requirements; and
(C) a receipt or certificate issued by the United States Department of the
Treasury showing that all gas guzzler taxes due on the vehicle under 26
U.S.C. Section 4064(a) have been paid; or
(2) provide to the assessor-collector proof, satisfactory to the department, that
the vehicle was not brought into the United States from outside of the country.
(c) Subsections (a) and (b) do not apply to a motor vehicle lawfully imported into the
United States by a distributor or dealer from the vehicle’s manufacturer.
(d) If a motor vehicle has not been titled or registered in the United States, the
application for title must be accompanied by:
Evidence of Ownership
Motor Vehicle Title Manual 19-2 TxDMV April 2015
(1) a manufacturer’s certificate of origin written in English issued by the vehicle
manufacturer;
(2) the original documents that constitute valid proof of ownership in the country
where the vehicle was originally purchased, with an English translation of the
documents verified as to the accuracy of the translation by an affidavit of the
translator; or
(3) if the vehicle was imported from a country that cancels the vehicle
registration and title for export, the documents assigned to the vehicle after
the registration and title were canceled, with an English translation of the
documents verified as to the accuracy of the translation by an affidavit of the
translator.
(e) Before a motor vehicle that is required to be registered in this state and that is
brought into this state by a person other than a manufacturer or importer 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 title in a manner
prescribed by the department to the county assessor-collector for the county in
which the transaction is to take place. The assessor-collector may not issue a title
receipt unless the applicant delivers to the assessor-collector satisfactory evidence
of title showing that the applicant is the owner of the vehicle and that the vehicle is
free of any undisclosed liens.
(f) A county assessor-collector may not be held liable for civil damages arising out of
the failure to reflect on the title receipt a lien or encumbrance on a motor vehicle
to which Subsection (e) applies unless the assessor-collector’s failure constitutes
willful or wanton negligence.
(g) Until an applicant has complied with this section:
(1) a county assessor-collector may not accept an application for title; and
(2) the applicant is not entitled to an appeal as provided by Sections 501.052 and
501.053.
Note: As a result of a decision handed down by the United States Fifth Circuit
Court of Appeals, the department is prohibited from enforcing the provision
of this statute that requires the surrender of a bond release letter from the
Environmental Protection Agency.
19.2 Evidence of Ownership
All vehicles imported into the United States must have proper evidence of ownership. The
original documents constituting valid proof of ownership in the country in which the
vehicle was most recently registered and/or titled must be surrendered when application is
made for a Texas Certificate of Title. (A certified copy of the foreign evidence of
ownership is acceptable, if certified by the appropriate foreign registrar.) For example, the
Fahrzeugbrief title document issued by Germany is acceptable evidence of ownership for
vehicles imported into the United States.
Evidence of Ownership
Motor Vehicle Title Manual 19-3 TxDMV April 2015
National Reference Guides
National reference guides may be used to identify acceptable foreign evidence of
ownership and other documents. (Supplemental documents distributed by the department
may be used to identify acceptable foreign evidence of ownership.) Documents not
illustrated in the reference guides that are presented as evidence of ownership must be
approved by a TxDMV Regional Service Center manager, prior to acceptance by a county
tax assessor-collector’s office. If the ownership and description of a vehicle cannot be
determined or there is doubt regarding information on a foreign document, a translation
into the English language is required. The translation must contain a notarized or
acknowledged affidavit from the translator, including the name and address of the
translator.
Vehicle Registration and Title Canceled Upon Export
If a vehicle is imported from a country that cancels the vehicle registration and title upon
export, the documents assigned to the vehicle after the registration and/or title have been
canceled would be acceptable evidence of ownership. (If a translation is required, refer to
the previous paragraph.)
Manufacturer’s Certificate of Origin (MCO)
A secure Manufacturer’s Certificate of Origin (MCO) is required on all new imported
vehicles. The “New Vehicle Information Statement” (NVIS) issued by Canada is
acceptable instead of an MCO with a bill of sale or dealer reassignment form to the first
Texas retail purchaser.
Foreign Bills of Sale
Foreign bills of sale or invoices are not acceptable without proper evidence of ownership
from the country in which the vehicle was last registered, and only if the evidence of
ownership does not contain a transfer of ownership section. These documents must
identify the vehicle (make, year model, and vehicle identification number or foreign
registration), indicate the name of the buyer and seller, and be acknowledged and dated.
Transfers to the Applicant
Surrendered evidence must reflect a proper transfer to the first United States purchaser or
importer and contain a complete chain of transfers to the applicant.
The Notation D.B.A.
When an individual’s name is shown with the notation “D.B.A.” followed by the name of
a dealership on foreign evidence of ownership, a separate affidavit is required from the
dealership certifying that the individual is an agent/employee of the dealership.
Salvage Vehicles
Caution should be taken to observe any vehicular remark or restrictions that would impede
titling and registration of such vehicles such as non-repairable, parts only, dismantler
purposes only, etc.
Additional Documentation
Motor Vehicle Title Manual 19-4 TxDMV April 2015
Document Alterations
Alterations on foreign documents are not acceptable. Written verification from the
appropriate foreign country must be obtained by the applicant.
19.3 Additional Documentation
Additional documentation required on a foreign/imported vehicles includes:
• A Vehicle Inspection Report or an Out-of-State Identification Certificate, Form
VI-30, completed by a State approved Safety Inspection Station, must accompany all
vehicles imported into the United States (except certain vehicles owned by members
of the German Federal Armed Forces).
• The Inspection Report on the bottom of the Application for Assigned or Reassigned
Number, Form VTR-68-A, must be completed by a law enforcement officer as
described in Chapter 13, “Vehicle Identification Numbers” under Inspection. The
completed VTR-68-A must accompany any title documentation supported by foreign
evidence except for military evidence. U.S. military personnel, including immediate
family members, returning to Texas military bases are no longer required to submit a
Form VTR-68-A. However, proof of active duty is required.
• A weight certificate on all imported commercial motor vehicles in excess of 10,000
lbs.
• Proof of compliance with all U. S. Department of Transportation (USDOT) safety
requirements, if applicable.
Note: Vehicles with year models 25 years old or older are exempt from safety
compliance.
• U. S. Customs’ entry/clearance documentation.
• Valid proof of financial responsibility for the vehicle in the applicant’s name. (Refer to
Chapter 11 of the TxDMV Motor Vehicle Registration Manual.)
• All foreign vehicles imported into Texas for title and registration purposes are subject
to odometer requirements. (Refer to Transportation Code Section 501.072)
• A receipt or certificate issued by the U. S. Department of Treasury showing that any
and all gas-guzzler taxes have been fully paid, if applicable. A copy of the IRS Form
720 that was filed by the applicant, accompanied by a copy of the canceled check, is
also acceptable proof of payment.
19.4 Proof of Compliance with USDOT Safety Requirements
When an applicant applies for a Texas Certificate of Title on an imported motor vehicle,
the application must be supported by acceptable proof of compliance with all USDOT
safety requirements, if applicable.
Proof of Compliance with USDOT Safety Requirements
Motor Vehicle Title Manual 19-5 TxDMV April 2015
USDOT Form HS-7
Importers of vehicles must file a USDOT Form HS-7, Application for (Declaration)
Importation of Motor Vehicles and Motor Vehicle Equipment Subject to Federal Motor
Vehicle Safety, Bumper and Theft Prevention Standards, (available at ports of entry) at the
time a vehicle is imported to declare whether the vehicle complies with all applicable
federal motor vehicle safety standards (USDOT safety requirements). The USDOT Form
HS-7 must be validated with an original U. S. Customs stamp or an ABI electronic release
which includes a date and time stamp, or must be accompanied by other U. S. Customs
entry/clearance documentation.
Refer to the quick reference at the end of this chapter to determine title and registration
requirements that are applicable to the various blocks checked on the USDOT Form
HS-7.
Note: Vehicles with year models that are 25 years old or older are exempt from
these requirements.
Automated Broker Interface (ABI) system
The USDOT and U. S. Customs House Brokers have established an Automated Broker
Interface (ABI) system that allows importers to provide USDOT HS-7 information
electronically to USDOT on Customs releases. Instead of a USDOT Form HS-7, a title
applicant can provide a properly completed ABI screen that serves as a U. S. Customs
entry/clearance documentation and shows the USDOT safety requirement eligibility
information normally provided on the USDOT Form HS-7. The following information
must be included on the ABI screen:
• The description of the vehicle (year model, make, VIN, and model);
• The USDOT Form HS-7 box number of eligibility* (1, 2A, 2B, 3, 5, 7, 8, 9 & 12);
• U. S. Customs entry number; and
• A reference notation, such as “USDOT” or “DOT.”
Note: If Box 3 is indicated, the registered importer number is also required on the
ABI screen.
USDOT Safety Certification
Vehicles manufactured to meet all applicable USDOT safety requirements have a USDOT
Safety Certification label affixed by the original manufacturer in the area of the
driver-side door. A vehicle without this certification label must be imported as a
nonconforming vehicle through a USDOT Registered Importer and post a USDOT Bond.
Note: A current listing of Registered Importers is available on NHTSA’s Web page
at www.nhtsa.dot.gov/cars/rules/import.
Vehicles Imported Under Bond
If the vehicle is imported under bond, one of the following documents is required:
Proof of Compliance with USDOT Safety Requirements
Motor Vehicle Title Manual 19-6 TxDMV April 2015
• An original bond release letter from the USDOT, with all attachments referred to in
the letter, if any; or
• An applicant claiming exemption from the USDOT safety requirements must provide
a legible copy of a USDOT Form HS-7 (yellow copy) as filed with the USDOT,
which confirms the exemption. These forms must be validated with an original
Customs stamp. Certified copies by U. S. Customs are also acceptable.
Vehicle Inspections
If a vehicle is manufactured in compliance with USDOT safety requirements and is
imported into the United States (such as military personnel returning from overseas duty,
individuals returning from Canada, etc.), and the owner is unable to produce the USDOT
Form HS-7, U. S. Customs may inspect the vehicle and certify whether or not the vehicle
conforms to USDOT safety requirements. If it is confirmed that the vehicle complies with
USDOT safety requirements, certification on U. S. Custom’s letterhead and signed by a
customs agent is acceptable instead of the USDOT Form HS-7.
The department may also inspect the vehicle to confirm that a USDOT Safety
Certification Label has been affixed to the driver side door area by the original
manufacturer or USDOT Registered Importer. This inspection serves only as proof of
compliance with USDOT safety requirements. The U. S. Customs entry/clearance
documentation is also required.
USDOT Form HS-7 Problems
If the U. S. Customs documentation or USDOT Form HS-7 is not properly completed and
stamped, the applicant must contact the vehicle manufacturer or U. S. Department of
Transportation (USDOT) for a written (letter) of vehicle compliance. For manufacturer’s
contact information see Table 19-1. The telephone number for NHTSA’s Office of
Vehicle Safety Compliance is (202) 366-5291.
Proof of Compliance
Proof of compliance is also required on imported vehicles under the following conditions:
• Apprehended vehicle unless the vehicle is covered under imported vehicle portion of
the Application for Registration Purposes Only, Form VTR-272.
• Vehicles sold at public auction by federal, state, and local law enforcement agencies.
• Vehicles with a non-USA vehicle identification number that have been seized or
forfeited. (Refer to Chapter 16, “Operation of Law”).
• Salvage vehicles that have been rebuilt.
• The United States Government Certificate to Obtain Title to a Motor Vehicle, Form
97, issued by the U. S. Government.
• Storage and mechanics liens.
• Court order awarding ownership to a Texas resident.
Exceptions
The following are exceptions to the above-mentioned requirements; and in these
instances, proof of USDOT safety compliance is not required.
Proof of Compliance with USDOT Safety Requirements
Motor Vehicle Title Manual 19-7 TxDMV April 2015
• If a vehicle is manufactured in a foreign country and the title transaction is supported
by a Manufacturer’s Certificate of Origin invoiced to a United States dealer or
distributor.
• If the motor vehicle’s year model is 25 years old or older.
• Vehicles imported into the United States from a U. S. Territory (American Samoa,
Baker and Howard Islands, Commonwealth of the Northern Marianas Islands,
Federated States of Micronesia, Guam, Jarvis, Johnston, Kingman Reef, Marshall
Islands, Midway, Navassa, Palau, Palmyra, Puerto Rico, U.S. Virgin Islands, and
Wake), were declared to U. S. Customs when imported into that territory and were
required to meet the same standards as those vehicles imported into the United States.
• Vehicles which have been titled in the United States and shipped overseas (as in the
case of vehicles owned by military personnel) are required to be declared to U. S.
Customs upon reentering the United States; however, an application for Texas title and
registration may be accepted without USDOT proof of compliance if the vehicle is
currently titled in the United States. The certificate of title is sufficient to substantiate
that the vehicle has met U. S. specifications.
• Vehicles that have been seized and forfeited under Federal or State contraband laws
and awarded by court order to a law enforcement agency for their official use. (Refer
to Chapter 16, “Operation of Law” for further information).
• U.S. Customs documentation should not be required if a vehicle is manufactured in the
United States and transferred on a security-type Manufacturer’s Certificate of Origin
(MCO), which reflects a 17-character VIN. Whether or not the vehicle is transferred
by the U.S. manufacturer to an overseas distributor or dealer is immaterial.
Vehicles assembled in Mexico
A vehicle identification number beginning with a “3” designates a vehicle that was
manufactured in Mexico, but does not necessarily mean the vehicle was not manufactured
in compliance with U.S. safety standards. To determine if the vehicle meets US safety
standards, a TxDMV Regional Service Center may inspect and verify that a USDOT
Safety Certification Label is affixed to the driver side door area. If the US certification
label is not affixed, the vehicle must be imported under contract with a Registered
Importer.
Only certain vehicles manufactured for the Mexican market have been determined by
NHTSA to be eligible for importation into the United States. Therefore, if the USDOT
Safety Certification Label is not affixed, the title transaction may not be accepted for
processing unless it is supported by:
• A USDOT Form HS-7 or other documentation, which is acceptable in lieu of the
USDOT Form HS-7; and
• A USDOT Bond Release Letter or a manufacturer’s confirmation letter containing the
USDOT stamp.
United States Customs Entry/Clearance Documentation
Motor Vehicle Title Manual 19-8 TxDMV April 2015
19.5 United States Customs Entry/Clearance Documentation
In addition to proof of compliance with applicable United States Department of
Transportation (USDOT) safety requirements, an application for Texas title must also be
supported by acceptable U. S. Customs entry/clearance documentation. Acceptable
evidence of U. S. Customs entry/clearance may consist of:
1. A USDOT Form HS-7 validated with an original U. S. Customs stamp or an ABI
electronic release which includes a date and time stamp. Certified copies by U. S.
Customs are also acceptable.
2. Certification on U. S. Customs letterhead and signed by a customs agent.
3. A Bond Release Letter from USDOT that references the customs “Entry Number” and
“Port Code”.
4. Any of the following U.S. Customs forms:
Note: The department requires a USDOT Form HS-7, or other acceptable evidence
of USDOT safety requirement compliance, if applicable, in addition to these
forms.
• CF-368 – Collection Receipt for Informal Entry;
• CF-3299 – Declaration for Free Entry of Unaccompanied Articles;
• CF-3311 – Declaration for Free Entry of Returned American Property;
• CF-3461 – Entry/Immediate Delivery; (may include ABI electronic release which
includes a date and time stamp)
• CF-3461ALT – Entry/Immediate Delivery;
• CF-6059B – Customs Declaration (Badge number instead of signature);
• CF-7501 – Entry Summary (does not require a Customs Inspector’s signature); or
• CF-7523 – Entry and Manifest of Merchandise Free of Duty.
Note: Newer versions of these forms may be represented as CBP Form (Customs
and Border Patrol) rather than CF (Customs Form).
19.6 Registration Purposes Only (RPO) for Foreign Vehicles
In some situations, an imported vehicle that cannot be sold or titled in Texas may be
issued registration only. The owner of a non conforming vehicle may be required to obtain
Texas registration for failure to display the international marker or if the foreign license
plates expire or become lost or stolen. In these instances, the owner/applicant must
complete an Application for Registration Purposes Only, Form VTR-272, including the
imported vehicle declaration portion, and not required to comply with USDOT standards.
Only the following applicants, identified as indicated by Block 5, 7A, or 12 on the
required USDOT Form HS-7, may qualify:
• Block 5 – A nonresident (visitor). Vehicle may be temporarily registered only for one
year. Vehicle cannot be sold and must be exported within one year.
Tax Collectors Hearing or Bonded Title for Foreign Vehicles
Motor Vehicle Title Manual 19-9 TxDMV April 2015
• Block 7A – An individual who imports a vehicle for show, test, experiment, or
competition. Requires USDOT approval letter to be temporarily registered for one
year.
• Block 12 – A member of the armed forces or a civilian on assignment for a foreign
government in excess of one year. Also, see civilian individual who imports a vehicle
for show, test, experiment, or competition.
Additional Required Documentation
• Application for Texas Title, Form 130-U
• Vehicle Inspection Report or Out-of-State Identification Certificate, Form VI-30
• Application for Registration Purposes Only, Form VTR-272
• Proof of financial responsibility
• USDOT Form HS-7, or other acceptable Customs documentation
Note: When processing a Registration Purposes Only (Form VTR-272) on an
imported vehicle, the “DOT Proof Required” remark must be selected on the
additional information screen in the RTS title event to ensure that a
registration renewal notice does not print.
19.7 Tax Collectors Hearing or Bonded Title for Foreign
Vehicles
A Tax Collector’s Hearing or Bonded Title option is not available when the applicant
cannot furnish the USDOT bond release letter or proof of payment of the gas-guzzler tax,
if applicable. However, county tax assessor-collectors are not prohibited from holding a
hearing if the applicant can provide such documents but does not have proper evidence of
ownership.
19.8 List of Manufacturers to Notify For Proof of Compliance
Table 19-1 is (Revision 1-07)
Table 19-1 List of Manufacturers to Notify For Proof of Compliance
Manufacturer Contact Information
Acura Division American Honda
1919 Torrance Boulevard
Torrance, CA 90501-2746
Consumer Affairs
USA: 1-800-999-1009
CANADA: 1-800-999-1009
Alfa Romeo/Fiat USA: (810) 488-5600
CANADA: (810) 488-5600
Audi
Audi Customer Relations
3800 Hamlin Road
Auburn Hills, MI 48326
USA: 1-800-822-2834
CANADA: 1-800-822-2834
BMW of North America
1 BMW Plaza
Montvale, NJ 07645
USA: (201) 573-2041
Environmental Engineering Dept.
BMW Headquarters
920 Champlain Court
Whitby, Ontario
Canada L1N 6K9
CANADA: (905) 683-1200
List of Manufacturers to Notify For Proof of Compliance
Motor Vehicle Title Manual 19-10 TxDMV April 2015
Chrysler Corporation
National Owner Relations Dept.
26001 Lawrence Avenue
Center Line, MI 48015-1231
USA: 1-800-992-1997
Customer Center
CANADA: (519) 973-2000
Ferrari North America USA: (201) 816-2601
CANADA: (201) 816-8683
Fiat Auto R & D USA
39300 Country Club Drive
Farmington Hill, MI 48331
USA: (248) 488-5600
FAX: (248) 488-5820
CANADA: (810) 488-5600
Ford-Ford Motor Company
P. O. Box 43360
Detroit, MI 48242
USA: 1-800-392-3673
Lincoln:
USA: 1-800-521-4140
Ford-Ford Motor Company Canada
The Canadian Road
P. O. Box 2000
Oakville, Ontario
Canada L6J 5E4
CANADA: 1-800-565-3673
General Motors
Environmental Activities Staff
Room 12-204
3044 West Grand Boulevard
Detroit, MI 48202
USA: (905) 644-5843
FAX: (905) 644-5436
General Motors of Canada Limited
1908 Colonel Sam Drive
Oshawa, Ontario
Canada L1H 8P7
CANADA: (905) 440-7689
FAX: (905) 440-7644
Harley Davidson
Milwaukee, WI
USA: (414) 343-4056
CANADA: (414) 343-4056
Honda-American Honda Motor Co., Inc.
1919 Torrance Boulevard
Torrance, CA 90501-2746
USA: 1-800-999-1009
CANADA: 1-800-999-1009
(Ask for Consumer Affairs)
Hyundai Motor America
10555 Talbert Avenue
Fountain Valley, CA 92728
USA: 1-800-633-5151
Hyundai Auto Canada
Markham, Ontario
Canada L3R 6H2
CANADA: (905) 477-0202
(Ask for Customer Service)
Infiniti (Division of Nissan Motor Corp)
P. O. Box 47038
Gardena, CA 90247-6838
USA: 1-800-662-6200
CANADA: (615) 725-1000
Isuzu USA: 1-800-255-6727
CANADA: 1-800-255-6727
Jaguar-Jaguar Cars, Inc.
555 MacArthur Boulevard
Mahwah, NJ 07430-2327
USA: (201) 818-8171
Jaguar Canada Inc.
#8 Indell Lane
Bramalea, Ontario L6T 4H3 Canada
CANADA: (905) 792-9400
Ext. 242
Kawasaki Motors Corp
9950 Jeronimo Road
Irvine, CA 92718-2016
(949) 460-5688
Lamborghini
27 Jayson Avenue
Great Neck, NY 11021
USA: (516) 829-8694
CANADA: (516) 829-8694
Michael J. Grossman
Land Rover North America
555 MacArthur Blvd
Mahwah, NJ 07430
USA: 1-800-637-6837
Manufacturer Contact Information
List of Manufacturers to Notify For Proof of Compliance
Motor Vehicle Title Manual 19-11 TxDMV April 2015
Land Rover Canada
8 Indell Lane
Bramalea, ON
L6T 4H3 Canada
CANADA: 1-800-346-3493
Lexus
One Toyota Place
Scarborough, Ontario
Canada M1H 1H9
CANADA: (416) 438-6535
Mazda North American Operations
Attn: International Imports/Exports
7755 Irvine Center Drive
Irvine, CA 92618-2922
USA: (949) 727-1990 extension 1114
FAX: (949) 727-6703 E-MAIL:
intl.imports.exports@mazdausa.com
CANADA: (949) 727-1990
Mercedes-Benz of North America
1 Mercedes Drive
Montvale, NJ 07645
USA: (201) 573-2632
Mercedes-Benz Canada
849 Eglinton Avenue East
Toronto, Ontario
Canada M4G 2L5
CANADA: 1-800-387-0100
Mitsubishi Motors of America
6400 Kalella Avenue
Cypress, CA 90630
866-876-3018
Nissan Motor Corporation 615-725-1000
Porsche Cars of North America 1-800-767-7243
Saab USA: (770) 279-6364
CANADA: (770) 279-6364
Subaru of America, Inc.
Subaru Plaza
P. O. Box 6000
Cherry Hill, NJ 08034-6000
USA: 1-800-782-2783
FAX: (609) 488-0485
CANADA: 1-800-782-2783
Suzuki-American Suzuki Motor Corp.
3251 East Imperial Highway
Post Office Box 1100
Brea, CA 92622-1100
USA: (714) 996-7040
CANADA: (905) 889-2677
FAX: (714) 970-6005
Toyota-Toyota Motor Sales, Inc.
19001 South Western Avenue
P. O. Box 2991
Torrance, CA 90509-2991
800-331-4331
FAX: (310) 468-7814
Volkswagen of America, Inc.
Customer Relations Department
3800 Hamlin Road
Auburn Hills, MI 48326
USA: 1-800-822-8987
CANADA: 1-800-822-8987
Volvo Cars of North America, Inc.
Volvo Drive
Rockleigh, NJ 07647
USA: (201) 768-7300
FAX: (201) 784-4525
Volvo Canada Ltd.
175 Gordon Baker Road
North York, Ontario
Canada M2H 2N7
CANADA: 1-800-663-8255
FAX: (416) 493-8754
Yamaha Motor Corporation
6555 Katella Avenue
Cypress, CA 90630-5101
Mike Schmitt
USA: (714) 761-7710
CANADA: (714) 761-7710
Manufacturer Contact Information
Motor Vehicle Title Manual 20-1 TxDMV April 2015
Chapter 20
MILITARY
This chapter contains the following sections:
• 20.1 Persons on Active Duty in Armed Forces of United States
• 20.2 Entry of Motor Vehicles into the United States
• 20.3 Deployed Military Protections
20.1 Persons on Active Duty in Armed Forces of United
States
Transportation Code Section 502.457
(a) This section applies only to a used motor vehicle that is owned by a person
who:
(1) is on active duty in the armed forces of the United States;
(2) is stationed in or has been assigned to another nation under military orders;
and
(3) has registered the vehicle or been issued a license for the vehicle under the
applicable status of forces agreement by:
(A) the appropriate branch of the armed forces of the United States; or
(B) the nation in which the person is stationed or to which the person has
been assigned.
(b) The requirement that a used vehicle be registered under the law of this state does
not apply to a vehicle described by Subsection (a). In lieu of delivering the license
receipt to the transferee of the vehicle, as required by Section 501.0721, the person
selling, trading, or otherwise transferring a used motor vehicle described by
Subsection (a) shall deliver to the transferee:
(1) a letter written on official letterhead by the owner’s unit commander attesting
to the registration of the vehicle under Subsection (a)(3); or
(2) the registration receipt issued by the appropriate branch of the armed forces
or host nation.
(c) A registration receipt issued by a host nation that is not written in the English
language must be accompanied by:
(1) a written translation of the registration receipt in English; and
(2) an affidavit, in English and signed by the person translating the registration
receipt, attesting to the person’s ability to translate the registration receipt
into English.
The registration receipt and/or license plate issued by the armed forces or host nation
remains valid and a motor vehicle may be operated for 90 days after the vehicle is returned
to Texas. (Transportation Code §502.0025, refer to the TxDMV Motor Vehicle
Registration Manual.)
Persons on Active Duty in Armed Forces of United States
Motor Vehicle Title Manual 20-2 TxDMV April 2015
The above law provides that under specific circumstances, persons who are on active duty
in the armed forces may apply for a Texas Certificate of Title without obtaining Texas
registration (title only).
Additional Requirements
In addition to the negotiable evidence of ownership that must be surrendered in support of
the Texas Certificate of Title, the applicant must meet the following requirements:
• The applicant must be a Texas resident.
• The applicant must be on active duty in the armed forces of the United States.
• The applicant must be stationed in or has been assigned to another Country under
military orders.
• The applicant must have registered the vehicle or been issued a license for the vehicle
under the applicable status of forces agreement (SOFA) by the appropriate branch of
the armed forces of the United States. A SOFA is an agreement between a country and
the United States who are stationing military forces in that country and defines the
legal status of entry and exit of personal property in the country.
Title Only
Required is the negotiable evidence of ownership, release of lien (if applicable), etc., a
Application for Title Only, Form VTR-131, and an Application for Texas Title, Form
130-U.
The applicant must provide the vehicle description, including vehicle year, make, body
style, license plate number, year of license, VIN, and registration sticker number, if
applicable.
• The third check box must be checked on the Form VTR-131 if the applicant is
applying for Texas title without Texas registration under Transportation Code,
§502.0025. This applies to Texas residents who are active military personnel and have
current registration in another country (military or registration under the host nation).
Proof of valid military registration must be provided to the county tax
assessor-collector’s office. Valid proof includes: a letter written on official letterhead
by the applicant’s unit commander attesting to the registration of the vehicle or the
registration receipt issued by the appropriate branch of the armed forces or host nation.
• A registration receipt not written in English must be accompanied by a written
translation in English with a signed affidavit by the translator attesting to their ability
to translate the receipt into English.
The signature of the applicant on the Form VTR-131 verifies that the applicant
understands that the vehicle may not be operated on the public streets and highways of
Texas without the applicant obtaining and displaying current registration.
A Title Only may not be issued for slow-moving vehicles, ATVs, or ROVs.
The applicant does not have to provide proof of insurance at the time of application for
Texas title without registration.
Vehicles with a Texas title obtained without registration are not subject to inspection
under Transportation Code Section 548.052.
Entry of Motor Vehicles into the United States
Motor Vehicle Title Manual 20-3 TxDMV April 2015
Note: For additional information on other Title Only applications, refer to
Chapter 6, “Application and Issuance of Motor Vehicle Title”.
20.2 Entry of Motor Vehicles into the United States
Civilians and members of the United States Armed Forces who bring motor vehicles into
the United States must follow rules and regulations established by the federal government
and this department. A Vehicle Inspection Report or an Out-of-State Identification
Certificate, Form VI-30, issued by a state appointed Safety Inspection Station must
accompany any final application for a vehicle brought into Texas. If the vehicle is located
outside of Texas, a self-certification of the vehicle identification number on an
Application for Registration Purposes Only, Form VTR-272, or Vehicle Identification
Number Self -Certification, Form VTR-272-B, may be completed. (Refer to Chapter 18,
“Out of State Requirements” for a complete discussion of motor vehicle inspection
requirements.)
There are several types of U. S. Military title and registration documents issued to military
personnel and individuals working for the military services in foreign countries, and these
documents are acceptable as evidence of ownership to support an application for Texas
title provided they agree with the motor vehicle description.
Foreign Titles
A title (or if no title, a registration receipt) issued by a foreign country is acceptable as
evidence of ownership to support an application for Texas title. (The registration receipt
issued by a foreign country is considered current evidence of ownership for six months
after expiration). (Refer to Chapter 19, “Imported Vehicles” for evidence of ownership
requirements for imported and foreign vehicles.)
Post Exchanges
When Post Exchanges (PXs) that are located on property controlled by a branch of the
Armed Forces of the United States, sell new vehicles as part of their normal business, the
PX acts as an authorized selling agent for a manufacturer and issues a “Manufacturer’s
Certificate of Ownership (MCO)” to the purchaser. Such MCOs may support an
application for Texas title. The use of these certificates arises most frequently on motor
vehicles imported from countries which require the registration receipt or booklet to be
surrendered when the motor vehicle leaves the country, or in some cases, because the
purchaser shipped the motor vehicle to the United States immediately upon purchase. In
such cases, the MCO would be the only evidence of ownership the applicant would
possess, and in others the registration receipt is the latest evidence, although the owner
may still possess the MCO. The status of any lien should be requested and if a lien is
shown on the MCO and not paid, the lien should be shown on the Texas title.
When a motor vehicle is owned and operated by a PX, the vehicle must be transferred on
the United States Government, Certificate to obtain Title to a Vehicle, Form 97. The PX is
considered an agency of the Federal Government and, therefore, must provide the
purchaser of a PX owned and operated motor vehicle with a Form 97.) If the purchaser
loses the Form 97, a Tax Assessor-Collector Hearing, Bonded Title, or Court Order are
the applicant’s available options.
Deployed Military Protections
Motor Vehicle Title Manual 20-4 TxDMV April 2015
20.3 Deployed Military Protections
Military members deployed prior to September 1, 2009 have protections under the Service
Members Civil Relief Act (SCRA) that could result in a filing under pre August 31, 2009
requirements. The SCRA states that a person holding a lien on the property or effects of a
service member may not, during any period of military service of the service member and
for 90 days thereafter, foreclose or enforce any lien on such property or effects without a
court order granted before foreclosure or enforcement.
Motor Vehicle Title Manual 21-1 TxDMV April 2015
Chapter 21
THEFT AND FRAUDULENT ACTIVITIES
This chapter contains the following sections:
• 21.1 Definitions
• 21.2 Record of Stolen or Concealed Motor Vehicle
• 21.3 Placement of Serial Number With Intent to Change Identity
• 21.4 Rightful Owner/Right of Possession
• 21.5 Justice of the Peace Orders
• 21.6 Sale or Offer Without Title Receipt or Title
• 21.7 Application for Title for Stolen or Concealed Vehicle
• 21.8 Alteration of Certificate or Receipt
• 21.9 False Name, False Information and Forgery
• 21.10 Penalties
• 21.11 Seizure of Stolen Vehicle or Vehicle With Altered Vehicle Identification
Number
21.1 Definitions
• “Stolen” used in reference to the acquisition of property, includes property acquired by
theft.
• “Conversion” is the selling of legally possessed property without being the legal
owner or operating legally possessed property to one’s own personal gain or use
without permission from the legal owner.
• “Concealed motor vehicle” may be applied to a mortgaged vehicle, sold without the
consent of the lienholder, or to a mortgaged vehicle when either the vehicle or the
registered owner of the vehicle is removed to an unknown location so that necessary
legal papers cannot be served or the vehicle seized.
21.2 Record of Stolen or Concealed Motor Vehicle
Transportation Code Section 501.135
(a) The department shall:
(1) make a record of each report to the department that a motor vehicle
registered in this state has been stolen or concealed in violation of Section
32.33, Penal Code; and
(2) note the fact of the report in the department’s records.
(b) A person who reports a motor vehicle as stolen or concealed under Subsection (a)
shall notify the department promptly if the vehicle is recovered, and the
department shall change its records accordingly.
Record of Stolen or Concealed Motor Vehicle
Motor Vehicle Title Manual 21-2 TxDMV April 2015
Law Enforcement Procedures
Whenever the owner of a motor vehicle reports to a law enforcement agency that their
vehicle has been stolen, converted, or concealed, the enforcement agency notifies the
Texas Department of Public Safety (DPS) and a “Stolen” remark is placed on the vehicle
record. If the department receives an application for Texas title involving such vehicle, the
transaction returns to the county tax assessor-collector’s office, and all parties involved
are advised that title will not be issued until the “Stolen” remark is removed by the
applicable law enforcement agency.
Titles Marked Stolen
Generally, when a “Stolen” remark appears in a vehicle’s title record, the department
rejects an application for Texas title. However, in some cases, a title may be issued
depending upon the circumstances and presentation of certain evidence. In these
instances, the “Stolen” remark carries forward. A title may be issued for a vehicle with a
“Stolen” remark on the vehicle record, under the following instances:
1. Stolen After the Date of Transfer
A Texas Title to a vehicle on which a “Stolen” remark appears in the vehicle record issues
only when the vehicle was stolen after the date of transfer to the person from whom it was
stolen. In this instance, a title issues in the name of the applicant, if the applicant is the
person from whom the vehicle was stolen and such evidence is presented to the
department. In addition to the title transaction, a copy of the theft report filed with law
enforcement must accompany as supporting evidence. Occasionally, a transaction may be
held by a dealer before being filed with the county tax assessor-collector’s office, and if
the vehicle is stolen during this time, it does not affect the issuance of the original Texas
title. When title is issued, the “Stolen” remark carries forward to the new title record.
2. Corrected Title
A corrected title to record a lien for a vehicle with a “Stolen” remark appears on the
vehicle record only when the vehicle was stolen after the date it was encumbered. In this
instance, the applicant must furnish to the department a copy of the theft report, filed with
law enforcement. If the theft report was filed before the date of encumbrance, the title
does not issue. If the theft report was filed after the date of encumbrance, title issues, and
the “Stolen” remark carried forward to the new title record.
3. Certified Copy of Title
A certified copy of title for a vehicle on which a “Stolen” remark appears on the vehicle
record issues when an affidavit from the recorded owner states that the title is lost, and
outlines the reasons why certified copy is needed, such as the title being necessary for
settlement of the claim by the insurance company.
• The department rejects applications for certified copy original titles and advises the
applicant of the stolen remark and the necessity of its removal before title can be
issued.
• If, the application is resubmitted accompanied by the above mentioned affidavit, the
certified copy original title issues.
Placement of Serial Number With Intent to Change Identity
Motor Vehicle Title Manual 21-3 TxDMV April 2015
Total Loss Claims on Stolen Vehicles
When an insurance company pays a total loss claim on a stolen vehicle, the insurance
company must apply for a negotiable title in the company name. This should be done
immediately in order for the insurance company to be notified by law enforcement when
the vehicle is recovered. Salvage ownership documents are not issued to insurance
companies for stolen vehicles on which titles are obtained because of paying total loss
claims.
Application for Title
Application for title in the name of the insurance company should be supported by proper
evidence of ownership, such as negotiable title or manufacturer’s certificate. Any recorded
liens must be released or carried forward, and the owner’s interest must be released by
assignment of title or by attachment of a Power of Attorney (POA) or Proof of Loss
Statement. (If a POA is attached, the assignment must be completed by the person
authorized by the POA).
Application Fees
The insurance company must pay the title application fee. The registration fee, registration
transfer fee, delinquent transfer penalty, and sales or use tax fee requirements are waived
provided the stolen remark is on the vehicle record and the insurance company attaches a
statement that the vehicle is a stolen vehicle on which the company has paid a total loss
claim if the stolen vehicle was previously titled out of state. The Vehicle Inspection
Report or Out-of-State Identification Certificate, Form VI-30, issued by a state safety
inspection station may also be waived; however, a “VIN Certification Waived” remark
must be added to the vehicle record. An odometer reading and brand is required, but may
be carried forward from the surrendered title if the current reading and brand is
unavailable.
Vehicle Record
The “Stolen” remark carries forward in the vehicle record.
Recovered Stolen Vehicles
If the stolen vehicle is recovered prior to filing an application for Texas title, the insurance
company is not required to apply for title. Instead, the insurance company may reassign a
regular title (negotiable Texas title, or out of state original or certified copy) to the new
purchaser.
If the recovered vehicle is damaged to the extent that it is a salvage or nonrepairable
vehicle, the insurance company must apply for the appropriate salvage ownership
document (Refer to the TxDMV Salvage/Nonrepairable Motor Vehicle Manual for the
applicable procedure).
21.3 Placement of Serial Number With Intent to Change
Identity
Transportation Code Section 501.151
Rightful Owner/Right of Possession
Motor Vehicle Title Manual 21-4 TxDMV April 2015
(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.
(b) It is an affirmative defense to prosecution of an offense under this section that the
person acted with respect to a number assigned by:
(1) a vehicle manufacturer and the person was an employee of the manufacturer
acting within the course and scope of employment; or
(2) the department, and the person was:
(A) discharging official duties as an agent of the department; or
(B) complying with department rule as an applicant for a serial number
assigned by the department.
(c) An offense under this section is a felony of the third degree.
21.4 Rightful Owner/Right of Possession
With reference to the term “rightful owner” as used in this chapter, the applicant is
recognized as the rightful owner; and no further determination is needed if the
identification number recorded on the evidence of ownership ties in with the true
identification number affixed to the vehicle or component part for which the assigned
number is applied. This determination, as a general rule, is made by the department
through a comparison of the evidence of ownership submitted by the applicant against the
assigned number application and the inspection report executed by a law enforcement
officer as described in Inspection under Chapter 13, Section 13.6 Reassigned Vehicle
Identification Number (VIN).
The department cannot determine ownership if the identification number shown on the
evidence of ownership cannot be tied in with the true identification number on the vehicle
or component part. The owner must obtain a court order from a court of competent
jurisdiction to prove ownership. They must attach the court order to the application to
receive an assigned number. A Justice of the Peace court order for title and ownership of a
vehicle should be accepted in the same way that all county and district court orders are
accepted.
21.5 Justice of the Peace Orders
See Transportation Code Section 501.0521
When a Justice of the Peace (JP) or Municipal Judge holds an examining trial to determine
disposition of property alleged as stolen, the JP or Municipal Judge may issue an order to
release the property to the person determined to have rightful possession. A Justice of the
Peace or Municipal Judge cannot award vehicle ownership; therefore, a Justice of the
Peace or Municipal Judge Order is not acceptable to support application for Texas title.
However a JP or Municipal Judge order is acceptable if the disposition of property is due
to Chapter 47, Code of Criminal Procedure (Stolen Vehicle) or Section 27.031(a)(3),
Government Code. The vehicle owner may pursue a county tax assessor-collector hearing,
or obtain a district or county court order when the vehicle does not fall into the purview of
Chapter 47, Code of Criminal Procedure.
Sale or Offer Without Title Receipt or Title
Motor Vehicle Title Manual 21-5 TxDMV April 2015
A JP or Municipal Judge Order issued in accordance with Article 47.01a(b), Code of
Criminal Procedures which orders a vehicle delivered to a government agency is
acceptable for that agency to obtain a certificate of title and Exempt license plates.
21.6 Sale or Offer Without Title Receipt or Title
Refer to Sale or Offer without Title Receipt or Title under Chapter 9, Section 9.2 Sale of
Vehicle; Transfer of Title.
21.7 Application for Title for Stolen or Concealed Vehicle
Transportation Code Section 501.153
A person commits an offense if the person applies for a title for a motor vehicle that the
person knows is stolen or concealed in violation of Section 32.33, Penal Code.
When an application for Texas title is applied for by an insurance company as a result of
the payment of a theft by conversion claim, the title transaction must be accompanied by
an Affidavit for a Repossessed Motor Vehicle, Form VTR-264, completed by the
lienholder and a notarized statement from the insurance company verifying that a theft by
conversion total loss claim has been paid. The license number on the Application for
Texas Title, Form 130-U and the license number on the Application Receipt, Form
VTR-500-RTS, should be left blank when registration is not transferred.
21.8 Alteration of Certificate or Receipt
Refer to Chapter 6, Section 6.11 Alteration of Certificate or Receipt.
21.9 False Name, False Information and Forgery
Transportation Code Section 501.155
(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:
(1) an application for a title;
(2) an application for a certified copy of an original title;
(3) an assignment of title for a motor vehicle;
(4) a discharge of a lien on a title for a motor vehicle; or
(5) any other document required by the department or necessary to the transfer of
ownership of a motor vehicle.
(b) An offense under this section is a felony of the third degree.
21.10 Penalties
Transportation Code Section 501.157
(a) Unless otherwise provided by this chapter, an offense under this chapter is a
misdemeanor punishable by a fine of not less than $1 or more than $100 for the
first offense. If a person is subsequently convicted of the same offense, at the
jury’s discretion, a person may be fined not less than $2 or more than $200.
Seizure of Stolen Vehicle or Vehicle With Altered Vehicle Identification Number
Motor Vehicle Title Manual 21-6 TxDMV April 2015
(b) A person commits an offense if the person violates Subchapter E or a rule adopted
under that subchapter. An offense under this subsection is a Class A misdemeanor.
21.11 Seizure of Stolen Vehicle or Vehicle With Altered
Vehicle Identification Number
Transportation Code Section 501.158
(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 vehicle identification number removed, altered, or obliterated.
(b) A vehicle or part seized under this section may be treated as stolen property for
purposes of custody and disposition of the vehicle or part.
The department issues an assigned component part number to any person who has been
determined to be the rightful owner of any motor vehicle component part – motor,
transmission, frame, or body – if the manufacturer’s identification number has been
removed, changed, or obliterated. A distinctive type number is assigned to each
component part, and these numbers are to be die stamped on the components in a location
prescribed by the department. (See Chapter 13, “Vehicle Identification Numbers” for
more information regarding assigned/reassigned numbers).
Motor Vehicle Title Manual 22-1 TxDMV April 2015
Chapter 22
ABANDONED VEHICLES
This chapter contains the following sections:
• 22.1 Definitions
• 22.2 Taking Custody of Abandoned Motor Vehicle
• 22.3 Auction or Use of Abandoned Items; Waiver of Rights
• 22.4 Garagekeeper’s Duties: Abandoned Motor Vehicles
• 22.5 Disposal of Vehicle Abandoned in Storage Facility
• 22.6 Disposal to Demolisher
• 22.7 Vehicles Abandoned in Coastal Waters
• 22.8 Public Nuisance Vehicles
• 22.9 Miscellaneous: Statutes, Uses, Offense, Etc.
22.1 Definitions
Transportation Code Section 683.001
In this chapter:
(1) “Department” means the Texas Department of Motor Vehicles.
(2) “Garagekeeper” means an owner or operator of a storage facility.
(3) “Law enforcement agency” means:
(A) the Department of Public Safety;
(B) the police department of a municipality;
(C) the police department of an institution of higher education; or
(D) a sheriff or a constable.
(4) “Motor vehicle” means a vehicle that is subject to registration under Chapter
501.
(5) “Motor vehicle demolisher” means a person in the business of:
(A) converting motor vehicles into processed scrap or scrap metal; or
(B) wrecking or dismantling motor vehicles.
(6) “Outboard motor” means an outboard motor subject to registration under
Chapter 31, Parks and Wildlife Code.
(7) “Storage facility” includes a garage, parking lot, or establishment for the
servicing, repairing, or parking of motor vehicles.
(8) “Watercraft” means a vessel subject to registration under Chapter 31, Parks
and Wildlife Code.
(9) “Abandoned nuisance vehicle” means a motor vehicle that is at least 10 years
old and is of a condition only to be junked, crushed, or dismantled.
Definitions
Motor Vehicle Title Manual 22-2 TxDMV April 2015
(10) “Vehicle storage facility” means a vehicle storage facility, as defined by
Section 2303.002, Occupations Code, which is operated by a person who
holds a license issued under Chapter 2303 of that code to operate that vehicle
storage facility.
(11) “Aircraft” has the meaning assigned by Section 24.001.
Abandoned Motor Vehicle
Transportation Code Section 683.002
(a) For the purposes of this chapter, a motor vehicle is abandoned if the motor
vehicle:
(1) is inoperable, is more than five years old, and has been left unattended on
public property for more than 48 hours;
(2) has remained illegally on public property for more than 48 hours;
(3) has remained on private property without the consent of the owner or person
in charge of the property for more than 48 hours;
(4) has been left unattended on the right-of-way of a designated county, state, or
federal highway for more than 48 hours; or
(5) has been left unattended for more than 24 hours on the right-of-way of a
turnpike project constructed and maintained by the Texas Turnpike Authority
division of the Texas Department of Transportation or a controlled access
highway; or
(6) is considered an abandoned motor vehicle under Section 644.153(r).
(b) In this section, “controlled access highway” has the meaning assigned by Section
541.302.
Conflict of Laws; Effect on Other Laws defines an abandoned motor vehicle.
Note: A “controlled access highway” means a highway or roadway to which
persons, including owners or occupants, of abutting real property have no
right of access; and access by persons to enter or exit the highway or roadway
is restricted under law except at a place and in the manner determined by the
authority that has jurisdiction over the highway or roadway.
Junked Vehicle
Transportation Code Section 683.071 (Two Versions HB 787 82nd Legislature)
(a) In this subchapter, “Junked Vehicle” means a vehicle that:
(1) is self-propelled and:
(2) is:
(A) wrecked, dismantled or partially dismantled, or discarded; or
(B) is inoperable and has remained inoperable for more than:
(i) 72 consecutive hours, if the vehicle is on public property; or
(ii) 30 consecutive days, if the vehicle is on private property.
Taking Custody of Abandoned Motor Vehicle
Motor Vehicle Title Manual 22-3 TxDMV April 2015
(b) For purposes of this subchapter, “junked vehicle” includes a motor vehicle,
aircraft, or watercraft. This subchapter applies only to:
(1) a motor vehicle that does not have lawfully attached to it:
(A) an unexpired license plate; and
(B) a valid motor vehicle inspection certificate;
(2) an aircraft that does not have lawfully printed on the aircraft an unexpired
federal aircraft identification number registered under Federal Aviation
Administration aircraft registration regulations in 14 C.F.R. Part 47; or
(3) a watercraft that:
(A) does not have lawfully on board an unexpired certificate of number; and
(B) is not a watercraft described by Section 31.055, Parks and Wildlife Code.
Transportation Code Section 683.071 (Two Versions HB 1376 82nd Legislature)
In this subchapter, “junked vehicle” means a vehicle that is self-propelled and:
(1) displays an expired license plate or invalid motor vehicle inspection
certificate or does not display a license plate or motor vehicle inspection
certificate; and
(2) is:
(A) wrecked, dismantled or partially dismantled, or discarded; or
(B) is inoperable and has remained inoperable for more than:
(i) 72 consecutive hours, if the vehicle is on public property; or
(ii) 30 consecutive days, if the vehicle is on private property.
22.2 Taking Custody of Abandoned Motor Vehicle
Transportation Code Section 683.011
(a) A law enforcement agency may take into custody an abandoned motor vehicle,
aircraft, watercraft, or outboard motor found on public or private property.
(b) A law enforcement agency may use agency personnel, equipment, and facilities or
contract for other personnel, equipment, and facilities to remove, preserve, store,
send notice regarding, and dispose of an abandoned motor vehicle, aircraft,
watercraft, or outboard motor taken into custody by the agency under this
subchapter.
Transportation Code Section 683.012
(a) A law enforcement agency shall send notice of abandonment to:
(1) the last known registered owner of each motor vehicle, aircraft, watercraft, or
outboard motor taken into custody by the agency or for which a report is
received under Section 683.031; and
(2) each lienholder recorded:
(A) under Chapter 501 for the motor vehicle;
Taking Custody of Abandoned Motor Vehicle
Motor Vehicle Title Manual 22-4 TxDMV April 2015
(B) with the Federal Aviation Administration or the secretary of state for the
aircraft; or
(C) under Chapter 31, Parks and Wildlife Code, for the watercraft or
outboard motor.
(a) A law enforcement agency that takes into custody an aircraft shall contact the
Federal Aviation Administration in the manner described by Section 22.901 to
attempt to identify the owner of the aircraft before sending the notice required
by Subsection (a).
(b) The notice under Subsection (a) must:
(1) be sent by certified mail not later than the 10th day after the date the agency:
(A) takes the abandoned motor vehicle, aircraft, watercraft, or outboard
motor into custody; or
(B) receives the report under Section 683.031;
(2) specify the year, make, model, and identification number of the item;
(3) give the location of the facility where the item is being held;
(4) inform the owner and lienholder of the right to claim the item not later than
the 20th day after the date of the notice on payment of:
(A) towing, preservation, and storage charges; or
(B) garagekeeper’s charges and fees under Section 683.032 and, if the
vehicle is a commercial motor vehicle impounded under Section
644.153(q), the delinquent administrative penalty and costs; and
(5) state that failure of the owner or lienholder to claim the item during the period
specified by Subdivision (4) is:
(A) a waiver by that person of all right, title, and interest in the item; and
(B) consent to the sale of the item at a public auction.
(c) Notice by publication in one newspaper of general circulation in the area where
the motor vehicle, aircraft, watercraft, or outboard motor was abandoned is
sufficient notice under this section if:
(1) the identity of the last registered owner cannot be determined;
(2) the registration has no address for the owner; or
(3) the determination with reasonable certainty of the identity and address of all
lienholders is impossible.
(d) Notice by publication:
(1) must be published in the same period that is required by Subsection (b) for
notice by certified mail and contain all of the information required by that
subsection; and
(2) may contain a list of more than one abandoned motor vehicle, aircraft,
watercraft, or outboard motor.
Taking Custody of Abandoned Motor Vehicle
Motor Vehicle Title Manual 22-5 TxDMV April 2015
(e) A law enforcement agency is not required to send a notice, as otherwise required
by Subsection (a), if the agency has received notice from a vehicle storage facility
that an application has or will be submitted to the department for the disposal of
the vehicle.
(f) In addition to the notice required under Subsection (a), if a law enforcement
agency takes an abandoned motor vehicle into custody, the agency shall notify a
person that files a theft report or similar report prepared by any law enforcement
agency for the vehicle of that fact. The notice must be sent by regular mail on the
next business day after the agency takes the vehicle into custody. The law
enforcement agency shall also provide the name and address of the person that
filed the theft report or similar report to the vehicle storage facility or
governmental vehicle storage facility that is storing the vehicle.
When an abandoned vehicle is taken into Custody by a Law Enforcement Agency
(Transportation Code Section 683.012) the following applies:
• A law enforcement agency means the Texas Department of Public Safety, the police
department of any municipality, the police department of an institution of higher
education, or the sheriff or a constable of any county within this state.
• A garagekeeper means an owner or operator of a storage facility. A storage facility
includes a garage, parking lot, or establishment for the servicing, repairing, or parking
of motor vehicles.
Towed Vehicles
A law enforcement agency or operator of a storage facility who receives a vehicle that has
been towed to the facility at the request of law enforcement must send a written notice to
the registered owner and each lienholder within 10 days.
The agency or operator must send the notice by certified mail, return receipt requested,
and it must contain:
• the vehicle description (year, make, model and vehicle identification number);
• the type and amount of all charges due when the vehicle is claimed;
• the location of the facility where the vehicle is held (full name, street address, and
telephone number of the facility);
• the owner and lienholder’s right to claim the vehicle within 20 days upon payment of
charges due; and
• the consequences for failure to reclaim the vehicle.
Garage Charges and Responsibilities
Transportation Code Section 683.013
A law enforcement agency or the agent of a law enforcement agency that takes into
custody an abandoned motor vehicle, aircraft, watercraft, or outboard motor is entitled to
reasonable storage fee:
(1) for not more than 10 days, beginning on the day the item is taken into custody
and ending on the day the required notice is mailed; and
Auction or Use of Abandoned Items; Waiver of Rights
Motor Vehicle Title Manual 22-6 TxDMV April 2015
(2) beginning on the day after the day the agency mails notice and ending on the
day accrued charges are paid and the vehicle, aircraft, watercraft, or
outboard motor is removed.
Until the notice is mailed, a law enforcement agency or garagekeeper may not charge
more than 10 days storage, in addition to towing, notification, and preservation fees
incurred on the abandoned vehicle. (Transportation Code Section 683.013)
If there is no record of title, notice may be made by publication in a local newspaper. The
newspaper publication:
• must appear in the same time period that is required for notice by certified mail;
• must contain all of the same information as required for the certified mail notice; and
• may contain a list of more than one abandoned motor vehicle.
• A law enforcement agency has custody if the agency:
• has physical custody of the vehicle;
• has given notice to the storage facility that the agency intends to dispose of the
vehicle; or
• has received a report of the abandonment from the garagekeeper.
The garagekeeper is required to report the abandonment of the motor vehicle and pay a
$10.00 fee to the law enforcement agency in the jurisdiction where the vehicle is located
or the Department of Public Safety within 7 days of the vehicle being deemed abandoned
(Transportation Code Section 683.031, Transportation Code Section 683.032).
A garagekeeper who fails to report an abandoned vehicle to a law enforcement agency
within 7 days after the date it becomes abandoned may not claim reimbursement for
storage of the vehicle.
Within 10 days of receiving an abandoned motor vehicle report and the applicable fee
from a garagekeeper, the law enforcement agency or the Department of Public Safety is
required to notify the registered owner and lienholder of record that the vehicle has been
taken into custody.
22.3 Auction or Use of Abandoned Items; Waiver of Rights
Transportation Code Section 683.014
(a) If an abandoned motor vehicle, aircraft, watercraft, or outboard motor is not
claimed under Section 683.012:
(1) the owner or lienholder:
(A) waives all rights and interests in the item; and
(B) consents to the sale of the item by public auction or the transfer of the
item, if a watercraft, as provided by Subsection (d); and
(2) the law enforcement agency may sell the item at a public auction, transfer the
item, if a watercraft, as provided by Subsection (d), or use the item as
provided by Section 683.016.
(b) Proper notice of the auction shall be given. A garagekeeper who has a
garagekeeper’s lien shall be notified of the time and place of the auction.
Auction or Use of Abandoned Items; Waiver of Rights
Motor Vehicle Title Manual 22-7 TxDMV April 2015
(c) The purchaser of a motor vehicle, aircraft, watercraft, or outboard motor:
(1) takes title free and clear of all liens and claims of ownership;
(2) shall receive a sales receipt from the law enforcement agency; and
(3) is entitled to register the motor vehicle, aircraft, watercraft, or outboard
motor with and receive a certificate of title from the appropriate authority.
(d) On consent of the Parks and Wildlife Department, the law enforcement agency
may transfer a watercraft that is not claimed under Section 683.012 to the Parks
and Wildlife Department for use as part of an artificial reef under Chapter 89,
Parks and Wildlife Code, or for other use by the Parks and Wildlife Department
permitted under the Parks and Wildlife Code. On transfer of the watercraft, the
Parks and Wildlife Department:
(1) takes title free and clear of all liens and claims of ownership; and
(2) is entitled to register the watercraft and receive a certificate of title.
Auction Proceeds
Transportation Code Section 683.015
(a) A law enforcement agency is entitled to reimbursement from the proceeds of the
sale of an abandoned motor vehicle, aircraft, watercraft, or outboard motor
for:
(1) the cost of the auction;
(2) towing, preservation, and storage fees resulting from the taking into custody;
and
(3) the cost of notice or publication as required by Section 683.012.
(b) After deducting the reimbursement allowed under Subsection (a), the proceeds of
the sale shall be held for 90 days for the owner or lienholder of the vehicle.
(c) After the period provided by Subsection (b), proceeds unclaimed by the owner or
lienholder shall be deposited in an account that may be used for the payment of
auction, towing, preservation, storage, and notice and publication fees resulting
from taking other vehicles, aircraft, watercraft, or outboard motors into custody if
the proceeds from the sale of the other items are insufficient to meet those fees.
(d) A municipality or county may transfer funds in excess of $1,000 from the account
to the municipality’s or county’s general revenue account to be used by the law
enforcement agency or, if the vehicle, aircraft, watercraft, or outboard motor was
located in a county of less than 150,000, by the attorney representing the state.
(e) If the vehicle is a commercial motor vehicle impounded under Section 644.153(q),
the Department of Public Safety is entitled from the proceeds of the sale to an
amount equal to the amount of the delinquent administrative penalty and costs.
(f) A law enforcement agency may use funds transferred under Subsection (d) to
compensate property owners whose property was damaged as a result of a pursuit
involving the law enforcement agency, regardless of whether the agency would be
liable under Chapter 101, Civil Practice and Remedies Code.
Auction or Use of Abandoned Items; Waiver of Rights
Motor Vehicle Title Manual 22-8 TxDMV April 2015
(g) Before a law enforcement agency may compensate a property owner under
Subsection (f) using funds transferred to a county under Subsection (d), the sheriff
or constable must submit the proposed payment for compensation for
consideration, and the commissioners court shall consider the proposed payment
for compensation, at the next regularly scheduled meeting of the commissioners
court.
(h) In this section, “attorney representing the state” means a district attorney,
criminal district attorney, or county attorney performing the duties of a district
attorney.
If the vehicle is not reclaimed and the charges paid within 20 days, it may be sold at a
public auction by the law enforcement agency by use of the department’s Auction Sales
Receipt for an Abandoned Motor Vehicle Sold by a Law Enforcement Agency at Public
Auction, Form VTR-71-1. This form, when properly completed by a law enforcement
agency, is acceptable as valid evidence of ownership in place of the certificate of title.
Note: The law enforcement agency must indicate any value limiting remarks from
the vehicle record on the form. Examples include “salvage,” “rebuilt salvage,”
or “reconditioned,” etc.
The purchaser at public auction takes title to the motor vehicle free and clear of all liens
and claims of ownership (a release of any recorded lien is not required). However, if the
vehicle is purchased by an out of state/country resident, the Form VTR-71-1, may not be
acceptable in their state/country, and as a non-Texas resident, they may not apply for title
in Texas.
The purchaser shown on the Form VTR-71-1 must title in their name before sale to a
subsequent purchaser, except as provided below.
• If the purchaser is a Texas licensed dealer, the dealer may transfer the vehicle by
completing a Dealer’s Reassignment of Title for a Motor Vehicle, Form VTR-41-A,
or,
• If the purchaser is a demolisher or a motor vehicle salvage dealer, the Form
VTR-71-1 must be listed on the demolisher’s inventory sheet, (Receipt for
Surrendered Titles and Other Evidence of Ownership, Form VTR-340) and
surrendered to the department in place of the certificate of title. (Transportation Code
Section 501.1003, Transportation Code Section 683.056, Transportation Code Section
683.057, and Occupations Code section 2302.257)
Application for Title
The purchaser must file an Application for Texas Title, Form 130-U, supported by the
Form VTR-71-1, with the local county tax assessor-collector’s office where the purchase
took place, the purchaser resides, or where the vehicle is encumbered.
1. Evidence of notification to the owner and lienholder is not required to support an
application for Texas title when an Auction Sales Receipt for an Abandoned Motor
Vehicle Sold by a Police Department at Public Auction, Form VTR 71-1, is
surrendered as the evidence of ownership. An application for Texas title supported by
this form must also include:
Garagekeeper’s Duties: Abandoned Motor Vehicles
Motor Vehicle Title Manual 22-9 TxDMV April 2015
• verification of the latest Texas Inquiry or out of state title and registration record
found; or
• if no record of title and registration is found, the original or copy of the newspaper
publication providing the year, model, make, and vehicle identification number of
the vehicle being titled.
2. An odometer disclosure statement is required unless exempted (Refer to Chapter 15,
Section 15.2 Vehicles Exempt from Disclosure)
3. A Vehicle Inspection Report or an Out-of-State Identification Certificate, Form
VI-30, is required if the vehicle was last registered and titled or registered out of state.
4. A weight certificate is required to support an application for the title covering a
commercial vehicle, if applicable, as explained in Chapter 10, “Evidence of
Ownership”.
5. A copy of current proof of liability insurance in the applicant’s name is also required,
if registering.
If the vehicle is not taken into custody by the law enforcement agency within 31 days after
the notification is mailed, the garagekeeper may dispose of the vehicle.
22.4 Garagekeeper’s Duties: Abandoned Motor Vehicles
Transportation Code Section 683.031
(a) A motor vehicle is abandoned if the vehicle is left in a storage facility operated
for commercial purposes after the 10th day after the date on which:
(1) the garagekeeper gives notice by registered or certified mail, return receipt
requested, to the last known registered owner of the vehicle and to each
lienholder of record of the vehicle under Chapter 501 to remove the vehicle;
(2) a contract for the vehicle to remain on the premises of the facility expires; or
(3) the vehicle was left in the facility, if the vehicle was left by a person other than
the registered owner or a person authorized to have possession of the vehicle
under a contract of use, service, storage, or repair.
(b) If notice sent under Subsection (a) (1) is returned unclaimed by the post office,
substituted notice is sufficient if published in one newspaper of general circulation
in the area where the vehicle was left.
(c) The garagekeeper shall report the abandonment of the motor vehicle to a law
enforcement agency with jurisdiction where the vehicle is located and shall pay a
$10 fee to be used by the law enforcement agency for the cost of the notice
required by this subchapter or other cost incurred in disposing of the vehicle.
(d) The garagekeeper shall retain custody of an abandoned motor vehicle until the
law enforcement agency takes the vehicle into custody under Section 683.034.
The provisions of Transportation Code Section 683.031 deems “abandoned” as those
motor vehicles left in a storage facility operated for commercial purposes (garage, parking
lot, or any type of facility or establishment for the servicing, repairing, storing, or parking
of motor vehicles) after the tenth day on which:
Garagekeeper’s Duties: Abandoned Motor Vehicles
Motor Vehicle Title Manual 22-10 TxDMV April 2015
The garagekeeper gives notice by registered or certified mail, return receipt requested, to
the owner and any lienholder of record to pick up the vehicle. (Until the notice is mailed, a
garagekeeper may not charge more than five days storage.)
A contract for the vehicle to remain at the facility has expired; or the vehicle was left by a
person other than the registered owner or a person authorized to have possession of the
vehicle under a contract of use, service, storage, or repair.
1. The garagekeeper is required to report the abandonment of the motor vehicle and pay a
$10.00 fee to the law enforcement agency with jurisdiction where the vehicle is
located within 7 days of the vehicle being deemed abandoned (Transportation Code
Section 683.031).
2. A garagekeeper who fails to report an abandoned vehicle to a law enforcement agency
within 7 days after the date it becomes abandoned may not claim reimbursement for
storage of the vehicle.
3. The law enforcement agency must notify the last known registered owner and each
lienholder of record, by certified mail that the vehicle has been taken into custody.
4. Custody of the vehicle must remain with the garagekeeper until taken into custody by
the law enforcement agency and sold by the law enforcement agency at public auction
in the same manner and under the same conditions as explained in Garage Charges and
Responsibilities, in this chapter.
5. The garagekeeper applies the proceeds of the sale to charges for servicing, storage, or
repair. The law enforcement agency receives two percent of the sale or all of the
proceeds if the gross proceeds are less than $10.00, for the expense incurred in
handling and auctioning the vehicle.
6. If the vehicle is not taken into custody by the law enforcement agency within 31 days
after the notification is mailed, the garagekeeper may dispose of the vehicle under:
• Chapter 70, Property Code, by using Form VTR 265-S (Refer to Chapter 23,
“Foreclosure of Miscellaneous Liens” for disposal procedures), or
• Chapter 2303, Occupations Code (only if the storage facility is a licensed storage
facility and the possession of the vehicle is non-consensual), by using Form VTR
265-VSF. (Refer to Chapter 23, “Foreclosure of Miscellaneous Liens” for disposal
procedures.)
Garagekeeper’s Fees and Charges
Transportation Code Section 683.032
(a) A garagekeeper who acquires custody of a motor vehicle for a purpose other
than repair is entitled to towing, preservation, and notification charges and
reasonable storage fees, in addition to storage fees earned under a contract, for
each day:
(1) not to exceed five days, until the notice described by Section 683.031(a) is
mailed; and
Disposal of Vehicle Abandoned in Storage Facility
Motor Vehicle Title Manual 22-11 TxDMV April 2015
(2) after notice is mailed, until the vehicle is removed and all accrued charges are
paid.
(b) A garagekeeper who fails to report an abandoned motor vehicle to a law
enforcement agency within seven days after the date it is abandoned may not claim
reimbursement for storage of the vehicle.
(c) This subchapter does not impair any lien that a garagekeeper has on a vehicle
except for the termination or limitation of claim for storage for the failure to
report the vehicle to the law enforcement agency.
Unauthorized Storage Fee; Offense
Transportation Code Section 683.033
(a) A person commits an offense if the person charges a storage fee for a period for
which the fee is not authorized by Section 683.032.
(b) An offense under this subsection is a misdemeanor punishable by a fine of not less
than $200 or more than $1,000.
22.5 Disposal of Vehicle Abandoned in Storage Facility
Transportation Code Section 683.034
(a) A law enforcement agency shall take into custody an abandoned vehicle left in a
storage facility that has not been claimed in the period provided by the notice
under Section 683.012. In this section, a law enforcement agency has custody if
the agency:
(1) has physical custody of the vehicle;
(2) has given notice to the storage facility that the law enforcement agency
intends to dispose of the vehicle under this section; or
(3) has received a report under Section 683.031(c) and the garagekeeper has met
all of the requirements of that subsection.
(b) The law enforcement agency may use the vehicle as authorized by Section 683.016
or sell the vehicle at auction as provided by Section 683.014. If a vehicle is sold,
the proceeds of the sale shall first be applied to a garagekeeper’s charges for
providing notice regarding the vehicle and for service, towing, impoundment,
storage, and repair of the vehicle.
(c) As compensation for expenses incurred in taking the vehicle into custody and
selling it, the law enforcement agency shall retain:
(1) two percent of the gross proceeds of the sale of the vehicle; or
(2) all the proceeds if the gross proceeds of the sale are less than $10.
(d) Surplus proceeds shall be distributed as provided by Section 683.015.
(e) If the law enforcement agency does not take the vehicle into custody before the
31st day after the date the vehicle was reported abandoned under Section 683.031:
(1) the law enforcement agency may not take the vehicle into custody; and
(2) the storage facility may dispose of the vehicle under:
Disposal to Demolisher
Motor Vehicle Title Manual 22-12 TxDMV April 2015
(A) Chapter 70, Property Code, except that notice under Section 683.012
satisfies the notice requirements of that chapter; or
(B) Chapter 2303, Occupations Code, if the storage facility is a vehicle
storage facility.
22.6 Disposal to Demolisher
Transportation Code Section 683.051
A person may apply to the department for authority:
(1) to sell, give away, or dispose of a motor vehicle to a motor vehicle demolisher
if:
(A) the person owns the motor vehicle and the certificate of title to the vehicle
is lost, destroyed, or faulty; or
(B) the vehicle is an abandoned motor vehicle and is:
(i) in the possession of the person; or
(ii) located on property owned by the person; or
(2) to dispose of a motor vehicle to a motor vehicle demolisher for demolition,
wrecking, or dismantling if:
(A) the abandoned motor vehicle:
(i) is in the possession of the person;
(ii) is more than eight years old;
(iii) either has no motor or is otherwise totally inoperable or does not
comply with all applicable air pollution emissions control related
requirements included in: (aa) the vehicle inspection requirements
under Chapter 548, as evidenced by a current inspection certificate
affixed to the vehicle windshield; or (bb) the vehicle emissions
inspection and maintenance requirements contained in the Public
Safety Commission’s motor vehicle emissions inspection and
maintenance program under Subchapter F, Chapter 548, or the
state’s air quality state implementation plan; and
(iv) was authorized to be towed by a law enforcement agency; and
(B) the law enforcement agency approves the application.
Forms: Application for Authority to Dispose of a Motor Vehicle to a Demolisher, Form
VTR-71-2 and Application for Authority to Dispose of a Motor Vehicle to a Demolisher,
Form VTR-71-2X (Law enforcement)
Fee: $2
Transportation Code Section 683.051 provides a procedure where any person (including a
firm, corporation or unit of government) may apply to the department for authority to sell,
give away, or dispose of a motor vehicle to a demolisher for demolition, wrecking, or
dismantling only, if:
Disposal to Demolisher
Motor Vehicle Title Manual 22-13 TxDMV April 2015
• the person owns the motor vehicle and the certificate of title is lost, destroyed, or
faulty; or
• the vehicle is an abandoned motor vehicle in the possession of the person or located on
property owned by the person.
Note: Form VTR-71-2 is used to dispose of these vehicles.
Additional Disposal Procedure
An additional procedure is provided to dispose of a motor vehicle to a demolisher for
demolition, wrecking, or dismantling if:
• the abandoned motor vehicle is in the possession of the person;
• it is more than eight years old;
• it has no motor or is totally inoperable or does not comply with all applicable air
pollution emissions control related requirements or the vehicle emissions inspection
and maintenance requirements or the state’s air quality state implementation plan;
• it was authorized to be towed by a law enforcement agency; and the law enforcement
agency approves the application.
Note: Form VTR-71-2X is used to dispose of these vehicles.
Nonrepairable Vehicle Title
Upon approval of the application, the department issues a Nonrepairable Vehicle Title to
the applicant as authorization to dispose of a motor vehicle to a demolisher for demolition,
wrecking, or dismantling only.
Note: Beginning October 1, 2007, VTR began issuing a Nonrepairable Vehicle Title
instead of a Certificate of Authority to Dispose of a Motor Vehicle to a
Demolisher for Demolition, Wrecking or Dismantling Only (COA) Form
VTR 71-3.
A $2.00 fee must accompany the application, except where a unit of government is
applying.
A vehicle disposed of in this manner may not be reconstructed, made operable or retitled
and the component part of the vehicle that reflects the vehicle identification number may
not be used in the construction of another vehicle, such as an assembled vehicle, rebuilt
vehicle, body change, etc.
Also, under the provisions of this section, any person, firm, corporation, or unit of
government in possession of an abandoned vehicle which was authorized to be towed in
by a police department and which is over eight years old and has no engine or is otherwise
totally inoperable, may, upon affidavit of such facts and approval of the police
department, apply to the department for a Nonrepairable Vehicle Title to dispose of such
vehicle to a demolisher for demolition, wrecking or dismantling only. If the application is
approved, a Nonrepairable Vehicle Title branded “Certificate of Authority” will be issued.
Disposal to Demolisher
Motor Vehicle Title Manual 22-14 TxDMV April 2015
Contents of Application; Application Fee
Transportation Code Section 683.052
(a) An application under Section 683.051 must:
(1) contain the name and address of the applicant;
(2) state the year, make, model, and vehicle identification number of the vehicle,
if ascertainable, and any other identifying feature of the vehicle; and
(3) include:
(A) a concise statement of facts about the abandonment;
(B) a statement that the certificate of title is lost or destroyed; or
(C) a statement of the reasons for the defect in the owner’s certificate of title
for the vehicle.
(b) An application under Section 683.051(2) must also include an affidavit containing
a statement of the facts that make that subdivision applicable.
(c) The applicant shall make an affidavit stating that;
(1) the facts stated in the application are true; and.
(2) no material fact has been withheld.
(d) the application must be accompanied by a fee of $2, unless the application is made
by a unit of government. Fees collected under this subsection shall be deposited to
the credit of the Texas Department of Motor Vehicles fund.
Department to Provide Notice
Transportation Code Section 683.053
Except as provided by Section 683.054(b), the department shall give notice as provided by
Section 683.012 if it determines that an application under Section 683.051 is:
(1) executed in proper form; and
(2) shows that:
(A) the abandoned motor vehicle is in the possession of the applicant or has
been abandoned on the applicant’s property; or
(B) the vehicle is not an abandoned motor vehicle and the applicant appears
to be the owner of the vehicle.
Authority to Dispose of Vehicle
Transportation Code Section 683.054
(a) The department shall issue the applicant a certificate of authority to dispose of
the vehicle to a motor vehicle demolisher for demolition, wrecking, or
dismantling if notice under Section 683.053 was given and the vehicle was not
claimed as provided by the notice.
Vehicles Abandoned in Coastal Waters
Motor Vehicle Title Manual 22-15 TxDMV April 2015
(b) Without giving the notice required by Section 683.053, the department may issue
to an applicant under Section 683.051(2) a certificate of authority to dispose of the
motor vehicle to a demolisher if the vehicle meets the requirements of Sections
683.051 (2)(A)(ii) and (iii).
(c) A motor vehicle demolisher shall accept the certificate of authority in lieu of a
certificate of title for the vehicle.
ENACTMENT NOTE: HB 3588, Article 17, 76th Texas Legislature, 2003, Section
17.11(d) provided that “the Texas Department of Transportation shall issue a
nonrepairable vehicle title as the certificate of authority to dispose of a motor vehicle as
provided for in Chapter 683, Transportation Code.”
House Bill 3588, enacted by the 78th Texas Legislature, 2003, requires the department to
issue a Nonrepairable Vehicle Title instead of COA under the provisions of
Transportation Code, Chapter 683. Beginning October 1, 2007, the department began
issuing a Nonrepairable Vehicle Title, Form VTR-222-NR, branded “Certificate of
Authority” instead of an Application for Authority to Dispose of a Motor Vehicle to a
Demolisher for Demolition, Wrecking, or Dismantling Only, Form VTR-71-3. The
requirements and procedures for obtaining authority to dispose of a motor vehicle to a
demolisher remain the same.
Demolisher’s Duty
Transportation Code Section 683.056
A motor vehicle demolisher who acquires a motor vehicle for dismantling or demolishing
shall obtain from the person delivering the vehicle:
(1) the motor vehicle’s certificate of title;
(2) a sales receipt for the motor vehicle;
(3) a transfer document for the vehicle as provided by Subchapter B or
Subchapter E; or
(4) a certificate of authority for the disposal of the motor vehicle.
(a) A demolisher is not required to obtain a certificate of title for the vehicle in the
demolisher’s name.
(b) On the department’s demand, the demolisher shall surrender for cancellation the
certificate of title or certificate of authority.
(c) The department shall adopt rules and forms necessary to regulate the surrender of
auction sales receipts and certificates of title.
22.7 Vehicles Abandoned in Coastal Waters
The removal and disposal process for vessels and structures in or on coastal waters is
found in the Natural Resources Code, Chapter 40 and is administered by the General Land
Office.
The term “structure” includes a vehicle as defined by Section 502.001, Transportation
Code, if the vehicle is:
• located in coastal waters; and
Public Nuisance Vehicles
Motor Vehicle Title Manual 22-16 TxDMV April 2015
• in a wrecked, derelict, or substantially dismantled condition.
A person may not abandon, or maintain any such structure or vessel in or on coastal
waters, on public or private lands if the commissioner finds the structure or vessel to be:
• involved in an actual or threatened unauthorized discharge of oil;
• a threat to public health, safety, or welfare;
• a threat to the environment; or
• a navigation hazard.
The commissioner may remove and dispose of or contract for the removal and disposal of
any such vessel or structure and may recover the resulting costs from the owner or
operator.
This method of disposal is expected to be uncommon and occur usually after weather
related disasters. The General Land Office then administers the disposal of the vehicles.
22.8 Public Nuisance Vehicles
Transportation Code Section 683.072
A junked vehicle, including a part of a junked vehicle that is visible from a public place or
public right-of-way:
(1) is detrimental to the safety and welfare of the public;
(2) tends to reduce the value of private property;
(3) invites vandalism;
(4) creates a fire hazard;
(5) is an attractive nuisance creating a hazard to the health and safety of minors;
(6) produces urban blight adverse to the maintenance and continuing
development of municipalities; and
(7) is a public nuisance.
Transportation Code Section 683.072 declares junked vehicles to be a public nuisance and
Section 683.074 authorizes any city, town, or county within this state to adopt procedures
(city ordinance, etc.) for the abatement and removal of junked vehicles or parts of a junked
vehicles from private property, public property, or public rights-of-way.
Transportation Code Section 683.071 (Two Versions HB 787 82nd Legislature), defines a
junked vehicle as a vehicle that is self-propelled and is wrecked, dismantled or partially
dismantled or discarded; or inoperable or has remained inoperable for more than 72
consecutive hours on public property; or 30 consecutive days on private property.
The term junked vehicle includes a motor vehicle, aircraft, or watercraft (see both the fine
and confinement.).
Junked vehicles disposed of in accordance with these provisions must be disposed of as
scrap or salvage only and may not be reconstructed, made operable, or re-titled.
A city, town, or county that removes a vehicle under these provisions must notify the
department no later than five days after the date of removal by completing and submitting
a Notice to the Texas Department of Motor Vehicles of the Abatement of Junked Vehicles,
Form VTR 71-4.
Public Nuisance Vehicles
Motor Vehicle Title Manual 22-17 TxDMV April 2015
Authority to Abate Nuisance; Procedures
Transportation Code Section 683.074
(a) A municipality or county may adopt procedures that conform to this subchapter
for the abatement and removal from private or public property or a public
right-of-way of a junked vehicle or part of a junked vehicle as a public
nuisance.
(b) The procedures must:
(1) prohibit a vehicle from being reconstructed or made operable after removal;
(2) require a public hearing on request of a person who receives notice as
provided by Section 683.075 if the request is made not later than the date by
which the nuisance must be abated and removed; and
(3) require that notice identifying the vehicle or part of the vehicle be given to the
department not later than the fifth day after the date of removal.
(c) An appropriate court of the municipality or county may issue necessary orders to
enforce the procedures.
(d) Procedures for abatement and removal of a public nuisance must be administered
by regularly salaried, full-time employees of the municipality or county, except
that any authorized person may remove the nuisance.
(e) A person authorized to administer the procedures may enter private property to
examine a public nuisance, to obtain information to identify the nuisance, and to
remove or direct the removal of the nuisance.
(f) On receipt of notice of removal of a motor vehicle under Subsection (b) (3), the
department shall immediately cancel the certificate of title issued for the vehicle.
(g) The procedures may provide that the relocation of a junked vehicle that is a public
nuisance to another location in the same municipality or county after a proceeding
for the abatement and removal of the public nuisance has commenced has no effect
on the proceeding if the junked vehicle constitutes a public nuisance at the new
location.
(h) On receipt of notice of removal of a watercraft under Subsection (b)(3), the
department shall notify the Parks and Wildlife Department of the removal. On
receipt of the notice from the department, the Parks and Wildlife Department shall
immediately cancel the certificate of title issued for the watercraft.
Notice
Transportation Code Section 683.075
(a) The procedures for the abatement and removal of a public nuisance under this
subchapter must provide not less than 10 days’ notice of the nature of the
nuisance. The notice must be personally delivered or sent by certified mail with
a five-day return requested, or delivered by the United States Postal Service
with signature confirmation service to:
(1) the last known registered owner of the nuisance;
Public Nuisance Vehicles
Motor Vehicle Title Manual 22-18 TxDMV April 2015
(2) each lienholder of record of the nuisance; and
(3) the owner or occupant of:
(A) the property on which the nuisance is located; or
(B) if the nuisance is located on a public right-of-way, the property adjacent
to the right-of-way.
(b) The notice must state that:
(1) the nuisance must be abated and removed not later than the 10th day after the
date on which the notice was personally delivered or mailed; and
(2) any request for a hearing must be made before that 10-day period expires.
(c) If the post office address of the last known registered owner of the nuisance is
unknown, notice may be placed on the nuisance or, if the owner is located,
personally delivered.
(d) If notice is returned undeliverable, action to abate the nuisance shall be continued
to a date not earlier than the 11th day after the date of the return.
Hearing
Transportation Code Section 683.076
(a) The governing body of the municipality or county or a board, commission, or
official designated by the governing body shall conduct hearings under the
procedures adopted under this subchapter.
(b) If a hearing is requested by a person for whom notice is required under Section
683.075(a) (3), the hearing shall be held not earlier than the 11th day after the
date of the service of notice.
(c) At the hearing, the junked motor vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable.
(d) If the information is available at the location of the nuisance, a resolution or order
requiring removal of the nuisance must include:
(1) for a motor vehicle, the vehicle’s:
(A) description;
(B) vehicle identification number; and
(C) license plate number;
(2) for an aircraft, the aircraft’s:
(A) description; and
(B) federal aircraft identification number as described by Federal Aviation
Administration aircraft registration regulations in 14 C.F.R. Part 47; and
(3) or a watercraft, the watercraft’s:
(A) description; and
(B) identification number as set forth in the watercraft’s certificate of
number.
Public Nuisance Vehicles
Motor Vehicle Title Manual 22-19 TxDMV April 2015
Alternative Procedure for Administrative Hearing
Transportation Code Section 683.0765
A municipality by ordinance may provide for an administrative adjudication process
under which an administrative penalty may be imposed for the enforcement of an
ordinance adopted under this subchapter. If a municipality provides for an administrative
adjudication process under this section, the municipality shall use the procedure
described by Section 54.044, Local Government Code.
Inapplicability of Subchapter
Transportation Code Section 683.077
(a) Procedures adopted under Section 683.074 or 683.0765 may not apply to a
vehicle or vehicle part:
(1) that is completely enclosed in a building in a lawful manner and is not visible
from the street or other public or private property; or
(2) that is stored or parked in a lawful manner on private property in connection
with the business of a licensed vehicle dealer or junkyard, or that is an
antique or special interest vehicle stored by a motor vehicle collector on the
collector’s property, if the vehicle or part and the outdoor storage area, if
any, are:
(A) maintained in a orderly manner;
(B) not a health hazard; and
(C) screened from ordinary public view by appropriate means, including a
fence, rapidly growing trees, or shrubbery.
(b) In this section:
(1) “Antique vehicle” means a passenger car or truck that is at least 25 years old.
(2) “Motor vehicle collector” means a person who:
(A) owns one or more antique or special interest vehicles; and
(B) acquires, collects, or disposes of an antique or special interest vehicle or
part of an antique or special interest vehicle for personal use to restore
and preserve an antique or special interest vehicle for historic interest.
(3) “Special interest vehicle” means a motor vehicle of any age that has not been
changed from original manufacturer’s specifications and, because of its
historic interest, is being preserved by a hobbyist.
Junked Vehicle Disposal
Transportation Code Section 683.078
(a) A junked vehicle, including a part of a junked vehicle, may be removed to a
scrap yard, a motor vehicle demolisher, or a suitable site operated by a
municipality or county.
Miscellaneous: Statutes, Uses, Offense, Etc.
Motor Vehicle Title Manual 22-20 TxDMV April 2015
(b) A municipality or county may operate a disposal site if its governing body
determines that commercial disposition of junked vehicles is not available or is
inadequate. A municipality or county may:
(1) finally dispose of a junked vehicle or vehicle part; or
(2) transfer it to another disposal site if the disposal is scrap or salvage only.
22.9 Miscellaneous: Statutes, Uses, Offense, Etc.
Conflict of Laws; Effect on Other Laws
Transportation Code Section 683.003
(a) Sections 683.051 – 683.055 may not be read as conflicting with Sections
683.074 – 683.078.
(b) This chapter does not affect a law authorizing the immediate removal of a vehicle
left on public property that is an obstruction to traffic.
Law Enforcement Agency Use of Certain Abandoned Motor
Vehicles
Transportation Code Section 683.016
(a) The law enforcement agency that takes an abandoned motor vehicle into
custody that is not claimed under Section 683.012 may:
(1) use the vehicle for agency purposes; or
(2) transfer the vehicle to any other municipal or county agency, a groundwater
conservation district governed by Chapter 36, Water Code, or a school
district for the use of that agency or district.
(b) The law enforcement agency shall auction the vehicle as provided by this
subchapter if the law enforcement agency or the municipal or county agency,
groundwater conservation district, or school district to which the vehicle was
transferred under Subsection (a) discontinues use of the vehicle.
(c) This section does not apply to an abandoned vehicle on which there is a
garagekeeper’s lien.
(d) This section does not apply to a vehicle that is:
(1) taken into custody by a law enforcement agency located in a county with a
population of 3.3 million or more; and
(2) removed to a privately owned storage facility.
(e) A law enforcement agency must comply with the notice requirements of Section
683.012 before the law enforcement agency may transfer a vehicle under
Subsection (a)(2).
Rules and Forms
Transportation Code Section 683.055
Miscellaneous: Statutes, Uses, Offense, Etc.
Motor Vehicle Title Manual 22-21 TxDMV April 2015
The department may adopt rules and prescribe forms to implement Sections 685.051 –
683.054.
Demolisher’s Records; Offense
Transportation Code Section 683.057
(a) A motor vehicle demolisher shall keep a record of a motor vehicle that is
acquired in the course of business.
(b) The record must contain:
(1) the name and address of the person from whom the vehicle was acquired; and
(2) the date of acquisition of the vehicle.
(c) The demolisher shall keep the record until the first anniversary of the date of
acquisition of the vehicle.
(d) The record shall be open to inspection by the department or any law enforcement
agency at any time during normal business hours.
(e) A motor vehicle demolisher commits an offense if the demolisher fails to keep a
record as provided by this section.
(f) An offense under Subsection (e) is a misdemeanor punishable by:
(1) a fine of not less than $100 or more than $1000;
(2) confinement in the county jail for a term of not less than 10 days or more than
six months; or
(3) both the fine and confinement.
Municipal Requirements
Transportation Code Section § 683.0711
An ordinance adopted by a governing body of a municipality may provide for a more
inclusive definition of a junked vehicle subject to regulation under this subchapter.
Offense
Transportation Code Section 683.073
(a) A person commits an offense if the person maintains a public nuisance
described by Section 683.072.
(b) An offense under this section is a misdemeanor punishable by a fine not to exceed
$200.
(c) The court shall order abatement and removal of the nuisance on conviction.
Motor Vehicle Title Manual 23-1 TxDMV April 2015
Chapter 23
FORECLOSURE OF MISCELLANEOUS LIENS
This chapter contains the following sections:
• 23.1 Mechanic’s Lien
• 23.2 Franchise Mechanic’s Lien
• 23.3 Storage Lien
• 23.4 Licensed Vehicle Storage Facility Lien
• 23.5 Self-Service Storage Facility Lien
• 23.6 Landlord’s Lien
• 23.7 Verification of Title and/or Registration
• 23.8 Acceptable Proof of Notifications
• 23.9 Miscellaneous Information Regarding Lien Foreclosure
• 23.10 Nonrepairable Vehicles
23.1 Mechanic’s Lien
Form: Mechanic’s Lien Foreclosure, VTR-265-M
Storage Location: Repair Shop
Authorization: Owner of record, lienholder of record, or authorized operator of vehicle
Statute: Property Code, Chapter 70
General Information
In those instances when a mechanic’s lien is acquired on a motor vehicle under provisions
of the Property Code, Chapter 70 (Worker’s Lien), the lien may be disposed of in
accordance with the provisions of Section 70.006. A mechanic’s lien can be created only
when a vehicle is repaired pursuant to a signed contract or agreement between a mechanic
and the vehicle owner or a person who has authority to contract for such services.
These procedures only apply to non-franchise dealer mechanics. Refer to “Franchise
Mechanic’s Lien” for franchise dealer mechanic requirements.
Registration Determination
This method of vehicle disposal cannot be used if the mechanic is unable to determine
where the vehicle was last registered. Disposal of the vehicle must be by court order
through a county or district court.
Signed Work Order
A copy of the signed work order is required. The work order must be signed by a person
who has authority to authorize repair on the vehicle. A mechanic or individual associated
with the mechanic or shop may not authorize the repair on behalf of another individual.
Disposal of the vehicle must be by court order through a county or district court if a copy
of the signed work order is not available.
Mechanic’s Lien
Motor Vehicle Title Manual 23-2 TxDMV April 2015
Repossession
A lien continues to exist if possession of the vehicle was released in return for a payment
that was stopped, dishonored because of insufficient funds, no funds, or account closed.
The mechanic is entitled to repossess the vehicle if the work order, repair contract, or a
separate document has a statement in boldface, capitalized, underlined, or in a
conspicuous manner with a separate signature line (for the signature of a person who has
authority to authorize repair on the vehicle) that the vehicle may be subject to
repossession. The mechanic may include the repossession fee with the original amount
due.
Note: When a vehicle is repossessed, the “charges accrue” date is the date of the
repossession rather than the date the repairs were completed. The
repossession date is used because the mechanic/garage may charge
repossession fees. Notifications would be required from the date of
repossession.
A separate signature (signed by a person who has authority to authorize repair on the
vehicle) on a separate signature line is required to authorize a repossession. An application
for a vehicle that has been repossessed under this procedure will be rejected if a separate
signature on a separate signature line authorizing a repossession is not submitted with the
title application.
Once the vehicle is repossessed, it must be stored at the location where the repair was
performed or at a licensed vehicle storage facility until the vehicle is returned to the owner
or lienholder upon payment of charges or until the vehicle is disposed of under the
mechanic’s lien foreclosure process.
A vehicle cannot be repossessed if it is possessed by a person who became the purchaser
after the stop payment was made or payment was dishonored because of insufficient
funds, no funds, or account closed. A vehicle cannot be repossessed if there has been a
change in ownership between the time the vehicle was released for payment and the stop
payment.
Owner Inspection
The mechanic/garage must make the motor vehicle available for inspection to verify the
repairs no later than 30 days after the charges accrued if the owner or lienholder requests.
Storage Fees
In addition to the VTR-265-M, the storage lien foreclosure process and the Storage Lien
Foreclosure, Form VTR-265-S must also be completed if any amount of the charges
include storage fees. The applicable process for mechanics to follow would be Procedure
1: Consent under the storage lien foreclosure process.
Note: A separate storage contract is not required for mechanics.
The mechanic must make the Law Enforcement Notification between the 11th and 17th
day after the charges accrue. No more than 5 days of storage fees may be assessed (except
as detailed in the next paragraph). Storage fees cannot be assessed if the law enforcement
notification is not made between this time; however, any other fees remain valid.
Mechanic’s Lien
Motor Vehicle Title Manual 23-3 TxDMV April 2015
More than 5 days of storage fees may only be assessed if a claimant makes a Notice to
Remove Vehicle within the applicable time period. Additional days of storage may be
assessed beginning with the day the Notice to Remove Vehicle is made.
Note: Under Procedure 1, the Notice to Remove Vehicle is not required unless the
mechanic charges more than 5 days of storage fees. Only the Law
Enforcement Notification is required if 5 or fewer days of storage are
assessed.
A release of lien is required if a lien is indicated on the title and/or registration verification
and any portion of the amount due represents charges for storage; otherwise, foreclosure
must be through a county or district court. Refer to Section 23.3, Storage Lien.
Financial Agreements
A mechanic’s lien cannot be filed if a customer enters into a financial agreement with a
company, a financial institution, or with the mechanic/garage for the cost of the repairs.
This includes agreements that the mechanic/garage subsequently sells to another financial
institution. Companies or financial institutions that finance or purchase existing
contractual financial agreements from mechanics/garages are ineligible to file a
mechanic’s lien under Texas Property Code, Chapter 70. Applications for mechanic’s
liens that are supported by a financial agreement are not accepted and are rejected.
Mechanic’s Notification Requirements
Foreclosure Notice
A mechanic/garage must notify the owner(s) and any lienholder(s) of record by Certified
Mail, Return Receipt, not later than 30 days after the charges accrue. Charges accrue the
day the repairs are completed or the day the vehicle is repossessed. A notice must also be
sent to the address on the work order if the address is different from that listed on the
registration and/or title verification.
Contents of the Foreclosure Notice
The notification must include all of the following:
• The amount of the charges and a request for payment.
• The physical address where the repairs were made.
• The legal name of the mechanic or business (garage) that holds the lien.
• The taxpayer or employer identification number of the mechanic or garage that holds
the lien (social security number is acceptable if a TIN, EIN, or FEIN is not available).
• A copy of the signed work order authorizing repairs.
Notice by Newspaper Publication
A mechanic/garage may notify by publication in a newspaper of general circulation (see
Newspaper of General Circulation) in the county in which the vehicle is stored if all of the
following apply:
Mechanic’s Lien
Motor Vehicle Title Manual 23-4 TxDMV April 2015
1. The mechanic/garage submits a written request by Certified Mail, Return Receipt, to
the governmental entity with which the motor vehicle is registered requesting
information relating to the identity of the last known registered owner(s) and any
lienholder(s) of record.
2. The mechanic/garage:
• is advised in writing by the governmental entity with which the motor vehicle is
registered that the entity is unwilling or unable to provide information on the last
known registered owner or any lienholder of record, or
• does not receive a response from the governmental entity with which the motor
vehicle is registered on or before the 21st day after the date the mechanic/garage
submits a request.
3. The identity of the last known registered owner cannot be determined.
4. The registration does not contain an address for the last known registered owner.
5. The mechanic/garage cannot determine the identities and addresses of the lienholders
of record.
Note: The mechanic/garage is not required to publish notice in a newspaper, if a
correctly addressed notice is sent with sufficient postage and is returned as
unclaimed, refused, the forwarding order has expired, or with a notation that
the addressee is unknown or has moved without leaving a forwarding
address.
Note: Notice by newspaper publication is not permissible if possession of the motor
vehicle was obtained prior to September 1, 1999.
Storage Charges
When more than 5 days of storage charges are being assessed, a mechanic must provide an
additional notice (the Notice to Remove Vehicle of the Storage Lien foreclosure process).
A single, written request to the governmental entity requesting owner/lienholder
information satisfies that requirement for the Notice to Remove Vehicle and Foreclosure
Notice if making the notices by newspaper publication. Two separate requests to the
governmental entity are not required; however, two separate newspaper publications
would be required.
Copy of Notice to County Tax Assessor-Collector
A mechanic/garage must also submit all of the following to the county tax
assessor-collector’s office of the county in which repairs were made within 30 days of
charges accruing:
• An administrative fee of $25.
• Proof of Foreclosure Notice sent to the owner(s) and any applicable lienholder(s) by
Certified Mail, Return Receipt, or proof of Newspaper Publication including the
Certified Mail, Return Receipt, to the governmental entity.
• A copy of the Signed Work Order.
Mechanic’s Lien
Motor Vehicle Title Manual 23-5 TxDMV April 2015
Note: Filing a copy of the notice with the county tax assessor-collector’s office is not
required if possession was obtained prior to September 1, 2009 and
notifications were sent within the required period.
Administrative Fee
An additional $25 administrative fee should not be collected if a transaction is rejected
either by the county tax assessor-collector’s office or the department unless it is necessary
for the county tax assessor-collector’s office to resend the notifications due to incorrect
information provided by the mechanic/garage (such as owner, lienholder, or vehicle
information is incorrect).
When a transaction is rejected by a county tax assessor-collector’s office due to an
incorrect Foreclosure Notice, any new notices sent by the mechanic/garage must still be
sent within 30 days of the charges accruing. The mechanic’s lien foreclosure process
cannot be completed if proper notification is not made to the owner(s)/lienholder(s) and a
copy of that notice is not filed with the county tax assessor-collector’s office within 30
days of the charges accruing.
Newspaper Publication
A mechanic/garage must submit date stamped receipts for certified mail and the return
receipt, sent to the state of record requesting verification of owner(s) and lienholder(s),
AND a legible photocopy of the newspaper publication which includes the name and date
of the publication to the county tax assessor-collector’s office if notice is made by
newspaper publication.
County Tax Assessor-Collector’s Office Notification Requirements
The county tax assessor-collector’s office must send a copy of the signed work order and
notification to the owner(s) and any lienholder(s) of record and to the address on the work
order if different from the address on the motor vehicle record not later than the 15th
business day after receiving notification.
Note: A county tax assessor-collector’s office is not required to publish a notice in
the newspaper.
Public Sale
Vehicles sold to the highest bidder at public sale transfer to the purchaser using
Mechanic’s Lien Foreclosure, Form VTR-265-M. The purchaser must apply for a
vehicle title in their name, unless the vehicle is purchased by a dealer with a current
General Distinguishing Number (GDN).
Storage Charges Not Included
A mechanic/garage or their authorized agent may sell the vehicle at public sale if charges
are not paid in full before the 31st day after the day the Foreclosure Notice was mailed (or
published in a newspaper) by the mechanic/garage. A release of lien is not required.
Mechanic’s Lien
Motor Vehicle Title Manual 23-6 TxDMV April 2015
Storage Charges Included
A mechanic or their authorized agent may sell the vehicle at public sale to the highest
bidder if the charges are not paid in full before the 31st day after the Law Enforcement
Notification or Foreclosure Notice is made, whichever is latest. A release of lien is
required if a lien is indicated on the Texas or out of state title and/or registration
verification.
Proceeds
The proceeds are to be applied to the payment of charges due, and the excess proceeds
(balance) paid to the person entitled to it.
The person holding the excess proceeds must pay it to the county treasurer of the county in
which repairs were made if a person entitled to the excess proceeds is not known or has
moved from this state. The treasurer should issue the person a receipt for the payment. The
excess becomes a part of the county’s general fund if the person entitled to the excess does
not claim it before two years after the day it is paid to the treasurer.
Evidence Required to Transfer Ownership
1. Application for Texas Title, Form 130-U. The purchaser of the vehicle at public sale
must apply for title in their name, unless the vehicle is purchased by a dealer with a
current General Distinguishing Number (GDN).
2. Mechanic’s Lien Foreclosure, Form VTR-265-M. Must be completed by the
mechanic/garage/authorized agent and signed by the mechanic/garage/authorized
agent and purchaser.
3. Verification of Title and/or Registration.
4. Proof of Foreclosure Notice sent to the owner(s) and any lienholder(s) by Certified
Mail, Return Receipt, or proof of Newspaper Publication including the Certified Mail,
Return Receipt, to the governmental entity.
5. Dated receipt from the county tax assessor-collector’s office showing the $25
administrative fee was paid. This evidences the filing with the county tax
assessor-collector’s office.
6. A copy of current proof of liability insurance in the applicant’s name. Refer to Chapter
11 of the TxDMV Motor Vehicle Registration Manual.
7. A copy of the signed work order is required.
8. If storage fees are charged:
• Storage Lien Foreclosure, Form VTR-265-S.
• Dated receipt from the law enforcement agency showing the $10 administrative
fee was paid. This evidences the filing with the law enforcement agency. In lieu of
the receipt, the “Law Enforcement Certification” on the Form VTR-265-S must
be completed.
Franchise Mechanic’s Lien
Motor Vehicle Title Manual 23-7 TxDMV April 2015
• If more than 5 days of storage fees are assessed, proof of Notice to Remove
Vehicle sent to the owner(s) and any lienholder(s) by Certified Mail, Return
Receipt, or proof of Newspaper Publication including the Certified Mail, Return
Receipt, to the governmental entity.
• A release of lien is required if a lien is indicated on the title/registration
verification.
9. Verification of the vehicle identification number, motor number, or serial number to
establish the vehicle’s correct identity is required when a verification of title and/or
registration is unavailable. A pencil tracing, photograph, VTR-270, or VTR-68-A are
acceptable when required.
10. A Vehicle Inspection Report or an Out-of-State Identification Certificate, Form
VI-30, is required if the vehicle was last registered out of state. A certified weight
certificate is also required for a commercial vehicle (refer to Chapter 10, Weight
Certificate).
23.2 Franchise Mechanic’s Lien
Form: Franchise Mechanic’s Lien Foreclosure, VTR-265-FM
Storage Location: Repair Shop
Authorization: Owner of record, lienholder of record, or authorized operator of vehicle
Statute: Property Code, Chapter 70
General Information
In those instances when a mechanic’s lien is acquired on a motor vehicle under provisions
of the Property Code, Chapter 70 (Worker’s Lien), the lien may be disposed of in
accordance with the provisions of Section 70.006. A mechanic’s lien can be created only
when a vehicle is repaired pursuant to a signed contract or agreement between a
garagekeeper and the vehicle owner or a person who has authority to contract for such
services.
These procedures only apply to license franchise dealer mechanics/garages. Refer to
“Mechanic’s Lien” for non-franchise dealer mechanic/garage requirements.
Registration Determination
This method of disposal of the vehicle cannot be used if the mechanic/garage is unable to
determine where the vehicle was last registered. Disposal of the vehicle must be by court
order through a county or district court.
Signed Work Order
A copy of the signed work order is not required but recommended. The explanation of
repairs must be completed on the Franchise Mechanic’s Lien Foreclosure, Form
VTR-265-FM, if a signed work order is not available.
Franchise Mechanic’s Lien
Motor Vehicle Title Manual 23-8 TxDMV April 2015
Repossession
A lien continues to exist if possession of the vehicle was released in return for a payment
that was stopped, dishonored because of insufficient funds, no funds, or account closed.
The mechanic/garage is entitled to repossess the vehicle if the work order, repair contract,
or a separate document has a statement in boldface, capitalized, underlined, or in a
conspicuous manner with a separate signature line (for the signature of a person who has
authority to authorize repair on the vehicle) that the vehicle may be subject to
repossession. The mechanic/garage may include the repossession fee with the original
amount due.
Note: When a vehicle is repossessed, the “charges accrue” date is the date of the
repossession rather than the date the repairs were completed. The
repossession date is used because the mechanic/garage may charge
repossession fees. Notifications would be required from the date of
repossession.
A separate signature (of the signature of a person who has authority to authorize repair on
the vehicle) on a separate signature line is required to authorize a repossession. An
application for a vehicle that has been repossessed under this procedure will be rejected if
a separate signature on a separate signature line authorizing a repossession is not
submitted with the title application.
A repossessed vehicle must be stored at the location where the repair was performed or at
a licensed vehicle storage facility until the vehicle is returned to the owner or lienholder
upon payment of charges or until the vehicle is disposed of under the mechanic’s lien
foreclosure process.
A vehicle cannot be repossessed if it is possessed by a person who became the purchaser
after the stop payment was made or payment was dishonored because of insufficient
funds, no funds, or account closed.
Storage Fees
In addition to the VTR-265-M, the storage lien foreclosure process and the Storage Lien
Foreclosure, Form VTR-265-S must also be completed if any amount of the charges
include storage fees. The applicable process for mechanics to follow would be Procedure
1: Consent under the storage lien foreclosure process.
Note: A separate storage contract is not required for mechanics.
Mechanic must make the Law Enforcement Notification between the 11th and 17th day
after of the charges accrue. No more than 5 days of storage fees may be assessed (except
as detailed in the next paragraph). Storage fees cannot be assessed if the law enforcement
notification is not made between this time; however, any other fees remain valid.
More than 5 days of storage fees may only be assessed if a claimant makes a Notice to
Remove Vehicle within the applicable time period. Additional days of storage may be
assessed beginning with the day the Notice to Remove Vehicle is made.
Franchise Mechanic’s Lien
Motor Vehicle Title Manual 23-9 TxDMV April 2015
Note: Under Procedure 1, the Notice to Remove Vehicle is not required unless the
mechanic charges more than 5 days of storage fees. Only the Law
Enforcement Notification is required if 5 or fewer days of storage are
assessed.
A release of lien is required if a lien is indicated on the title and/or registration verification
and any portion of the amount due represents charges for storage; otherwise, foreclosure
must be through a county or district court. Refer to Section 23.3, Storage Lien.
Financial Agreements
A mechanic’s lien cannot be filed if a customer enters into a financial agreement with a
company, a financial institution, or with the mechanic/garage for the cost of the repairs.
This includes agreements that the mechanic/garage subsequently sells to another financial
institution. Companies or financial institutions that finance or purchase existing
contractual financial agreements from mechanics/garages are ineligible to file a
mechanic’s lien under Texas Property Code, Chapter 70. Applications for mechanic’s
liens that are supported by a financial agreement are not accepted and are rejected.
Mechanic’s Notification Requirements
Foreclosure Notice
A licensed franchise dealer mechanic/garage must notify the owner(s) and any
lienholder(s) of record by Certified Mail, Return Receipt, after the charges accrue. There
is no statutory requirement for when a franchise dealer mechanic must make the
Foreclosure Notice, only that one must be made prior to public sale. A notice must also be
sent to the address on the work order if the address is different from that listed on the
registration and/or title verification.
Contents of the Foreclosure Notice
The notification must include the amount of the charges and a request for payment.
Although not required for franchise dealer mechanic’s liens, it is recommended that the
notice also include:
• The physical address where the repairs were made.
• The legal name of the mechanic or business (garage) that holds the lien.
• The taxpayer or employer identification number of the mechanic or garage that holds
the lien (social security number if a TIN, EIN, or FEIN is not available).
• A copy of the signed work order authorizing repairs.
Notice by Newspaper Publication
A franchise dealer mechanic/garage may notify by publication in a newspaper of general
circulation (see Newspaper of General Circulation) in the county in which the vehicle is
stored if all of the following apply:
1. The mechanic/garage submits a written request by certified mail, return receipt
requested, to the governmental entity with which the motor vehicle is registered
requesting information relating to the identity of the last known registered owner(s)
and any lienholder(s) of record.
Franchise Mechanic’s Lien
Motor Vehicle Title Manual 23-10 TxDMV April 2015
2. The mechanic/garage:
• is advised in writing by the governmental entity with which the motor vehicle is
registered that the entity is unwilling or unable to provide information on the last
known registered owner or any lienholder of record, or
• does not receive a response from the governmental entity with which the motor
vehicle is registered on or before the 21st day after the date the mechanic/garage
submits a request.
3. The identity of the last known registered owner cannot be determined.
4. The registration does not contain an address for the last known registered owner.
5. The mechanic/garage cannot determine the identities and addresses of the lienholders
of record.
Note: The mechanic/garage is not required to publish notice in a newspaper, if a
correctly addressed notice is sent with sufficient postage and is returned as
unclaimed, refused, the forwarding order has expired, or with a notation that
the addressee is unknown or has moved without leaving a forwarding
address.
Note: Notice by newspaper publication is not permissible if possession of the motor
vehicle was obtained prior to September 1, 1999.
Storage Charges
When more than 5 days of storage charges are being assessed, a mechanic must provide an
additional notice (the Notice to Remove Vehicle of the Storage Lien foreclosure process).
A written request to the governmental entity requesting owner/lienholder information
satisfies that requirement for the Notice to Remove Vehicle and Foreclosure Notice if
making the notices by newspaper publication. Two separate requests to the governmental
entity are not required; however, two separate newspaper publications would be required.
Copy of Notice to County Tax Assessor-Collector
A franchise dealer mechanic/garage is not required to submit a copy of the notice nor pay
any administrative fee to the county tax assessor-collector’s office.
Public Sale
Vehicles sold to the highest bidder at public sale transfer to the purchaser using Franchise
Mechanic’s Lien Foreclosure, Form VTR-265-FM. The purchaser must apply for a
vehicle title in their name, unless the vehicle is purchased by a dealer with a current
General Distinguishing Number (GDN).
Storage Charges Not Included
A franchise dealer mechanic/garage or their authorized agent may sell the vehicle at
public sale if charges are not paid in full before the 31st day after the day the Foreclosure
Notice was mailed (or published in a newspaper). A release of lien is not required.
Franchise Mechanic’s Lien
Motor Vehicle Title Manual 23-11 TxDMV April 2015
Storage Charges Included
A franchise dealer mechanic/garage or their authorized agent may sell the vehicle at
public sale to the highest bidder if the charges are not paid in full before the 31st day after
the Law Enforcement Notification or Foreclosure Notice is made, whichever is latest. A
release of lien is required if a lien is indicated on the Texas or out of state title and/or
registration verification.
Proceeds
The proceeds are to be applied to the payment of charges due, and the excess proceeds
(balance) paid to the person entitled to it.
The person holding the excess must pay it to the county treasurer of the county in which
repairs were made if a person entitled to the excess proceeds is not known or has moved
from this state. The treasurer should issue the person a receipt for the payment. The excess
becomes a part of the county’s general fund if the person entitled to the excess does not
claim it before two years after the day it is paid to the treasurer.
Evidence Required to Transfer Ownership
1. Application for Texas Title, Form 130-U. The purchaser of the vehicle at public sale
must apply for title in their name, unless the vehicle is purchased by a dealer with a
current General Distinguishing Number (GDN).
2. Franchise Mechanic’s Lien Foreclosure, Form VTR-265-FM. Must be completed by
the mechanic/garage/authorized agent and signed by the mechanic/garage/authorized
agent and purchaser.
3. Verification of Title and/or Registration.
4. Proof of Foreclosure Notice sent to the owner(s) and any applicable lienholder(s) by
Certified Mail, Return Receipt, or proof of Newspaper Publication including the
Certified Mail, Return Receipt to the governmental entity.
5. A copy of current proof of liability insurance in the applicant’s name. Refer to Chapter
11 of the TxDMV Motor Vehicle Registration Manual.
6. A copy of the signed work order is required. In lieu of the work order, the explanation
of repairs on the Form VTR-265-FM must be completed.
7. If storage fees are charged:
• Storage Lien Foreclosure, Form VTR-265-S.
• Dated receipt from the law enforcement agency showing the $10 administrative
fee was paid. This evidences the filing with the law enforcement agency. In lieu of
the receipt, the “Law Enforcement Certification” on the Form VTR-265-S must
be completed.
• If more than 5 days of storage fees are assessed, proof of Notice to Remove
Vehicle sent to the owner(s) and any lienholder(s) by Certified Mail, Return
Receipt, or proof of Newspaper Publication including the Certified Mail, Return
Receipt, to the governmental entity.
Storage Lien
Motor Vehicle Title Manual 23-12 TxDMV April 2015
• A release of lien is required if a lien is indicated on the title/registration
verification.
8. Verification of the vehicle identification number, motor number, or serial number to
establish the vehicle’s correct identity is required when a verification of title and/or
registration is unavailable. A pencil tracing, photograph, VTR-270, or VTR-68-A are
acceptable when required.
9. A Vehicle Inspection Report or an Out-of-State Identification Certificate, Form
VI-30, is required if the vehicle was last registered out of state. A certified weight
certificate is also required for a commercial vehicle (refer to Chapter 10, Weight
Certificate).
23.3 Storage Lien
Form: Storage Lien Foreclosure, VTR-265-S
Storage Location: Storage Facility (that is not a licensed vehicle storage facility)
Authorization: Consent and Non-consent. This section is not applicable to a non-consent
law enforcement tow.
Statute: Property Code, Chapter 70
General Information
A storage lien acquired on a motor vehicle under the provisions of the Property Code,
Chapter 70, Section 70.003, may be disposed of in accordance with the provisions of
Section 70.004. Generally, a storage lien can exist only when a vehicle is stored pursuant
to a contract or agreement between a garagekeeper and the vehicle owner or a person who
has authority to contract for such services (consent). However, non-consent possession
may be obtained under a state law or a city ordinance by a storage facility. As a result,
there are two procedures:
• Procedure 1: Consent
• Procedure 2: Non-Consent
Abandoned Motor Vehicle
Transportation Code, Section 683.034 (Disposal of Vehicle Abandoned in Storage
Facility) provides that a garagekeeper may dispose of a non-consent abandoned vehicle
under Property Code, Chapter 70, if the vehicle was not taken into custody by law
enforcement within 31 days after the notification required under Transportation Code,
Section 683.031 was made to law enforcement.
Registration Determination
This method of vehicle disposal cannot be used if the claimant is unable to determine
where the vehicle was last registered. Disposal of the vehicle must be by court order
through a county or district court.
Storage Lien
Motor Vehicle Title Manual 23-13 TxDMV April 2015
Law Enforcement Authorized Tow
A storage lien can only exist pursuant to a law enforcement authorized tow if the vehicle is
towed to, and stored at, a licensed vehicle storage facility. In this situation, the Licensed
Vehicle Storage Facility Lien Foreclosure process must be followed. Any other storage
facility which obtains possession as a result of a law enforcement authorized tow is not
eligible for the storage lien foreclosure process.
Procedure 1: Consent
This procedure must be followed if the vehicle was left at the storage facility with consent
of the vehicle owner or an authorized operator of the vehicle. A written and dated contract
for the vehicle to be stored on the premises of the facility is required. The contract must
contain terms and, at minimum, an expiration date. “Possession” is obtained by the
claimant the day following the expiration of the contract.
Claimant must make the Law Enforcement Notification between the 11th and 17th day
after the contract expires. No more than 5 days of storage fees may be assessed (except as
detailed in the next paragraph). Storage fees cannot be assessed if the law enforcement
notification is not made between this time; however, any other fees (such as towing,
mailing, etc) remain valid.
More than 5 days of storage fees may only be assessed if a claimant makes a Notice to
Remove Vehicle within the applicable time period. Additional days of storage may be
assessed beginning with the day the Notice to Remove Vehicle is made.
Note: Under Procedure 1, the Notice to Remove Vehicle is not required unless the
claimant charges more than 5 days of storage fees. Only the Law Enforcement
Notification is required if 5 or few days of storage are assessed.
Note: Verification of Title and/or Registration is required even if a Notice to
Remove Vehicle is not made.
Procedure 2: Non-Consent
This procedure must be followed if the vehicle was left with a storage facility under a state
law or city ordinance without the consent of the vehicle owner or an authorized operator
of the vehicle. This does NOT include a law enforcement authorized tow. Authorized law
enforcement tows must follow the Licensed Vehicle Storage Facility Lien Foreclosure
process in order to assess storage and tow fees.
Under this procedure, the claimant must make the Notice to Remove Vehicle within the
applicable time period. No more than 5 days of storage may be assessed until the Notice to
Remove Vehicle is made. Additionally, the claimant must make the Law Enforcement
Notification between the 11th and 17th day of making the Notice to Remove Vehicle.
Storage fees cannot be assessed if the law enforcement notification is not made between
this time; however, any other fees remain valid.
Storage Lien
Motor Vehicle Title Manual 23-14 TxDMV April 2015
Storage Lien Notification Requirements
Notice to Remove Vehicle
Within 5 days of obtaining possession, the Notice to Remove Vehicle must be made by
Certified Mail, Return Receipt, to the owner and all lienholders if the vehicle was last
registered in Texas or within 14 days if the vehicle was last registered outside of Texas.
Notice by newspaper publication may be permitted (see Notice by Newspaper
Publication).
It is permissible for a claimant to send the Notice to Remove Vehicle for a vehicle last
registered out of state after the 14th day if the claimant submits a written request by
Certified Mail, Return Receipt, to the governmental entity with which the motor vehicle is
registered requesting information relating to the identity of the last known registered
owner(s) and any lienholder(s) of record. The written request to the governmental entity
must be made within 5 days of obtaining possession of the motor vehicle. Upon receipt of
that information, the claimant must immediately send the notice to the owners and any
lienholders for a vehicle last registered out of state or complete the process outlined in
Notice by Newspaper Publication.
Whether the vehicle is registered in Texas or out of state, no more than five days of
storage fees may be charged until the notice is mailed to the owner and any lienholders or
published in a newspaper. Once the notice is mailed or published, additional days of
storage may be charged until the vehicle is removed and all accrued charges are paid.
Contents of Notice to Remove Vehicle
The notice must include all of the following:
• A request to remove the motor vehicle
• A request for payment
• The location of the motor vehicle
• The amount of accrued charges
Law Enforcement Notification
A vehicle is deemed abandoned (Transportation Code Section 683.031) after the 10th day
after the date the contract expires (Procedure 1: Consent) or the Notice to Remove Vehicle
is made (Procedure 2: Non-Consent). The claimant must report the motor vehicle as
abandoned to the law enforcement agency in the jurisdiction where the vehicle is located
or the Texas Department of Public Safety within 7 days of the determination the vehicle is
abandoned. No storage charges may be assessed if law enforcement is notified after the
7th day; however, any other fees remain valid.
Upon receipt of this report, law enforcement has 10 days to send another notice by
certified mail to the registered owner(s) and any applicable lienholder(s).
Notice by Newspaper Publication
Instead of notification by mail, claimants may notify by publication in a newspaper of
general circulation (see Newspaper of General Circulation) in the county in which the
vehicle is stored if all of the following apply:
1. The motor vehicle is registered in another state.
Storage Lien
Motor Vehicle Title Manual 23-15 TxDMV April 2015
2. The claimant submits a written request by Certified Mail, Return Receipt, to the
governmental entity with which the motor vehicle is registered requesting information
relating to the identity of the last known registered owner(s) and any lienholder(s) of
record.
3. The claimant:
• is advised in writing by the governmental entity with which the motor vehicle is
registered that the entity is unwilling or unable to provide information on the last
known registered owner or any lienholder of record, or
• does not receive a response from the governmental entity with which the motor
vehicle is registered on or before the 21st day after the date the claimant submits a
request.
4. The identity of the last known registered owner cannot be determined.
5. The registration does not contain an address for the last known registered owner.
6. The claimant cannot determine the identities and addresses of the lienholders of
record.
Note: The claimant is not required to publish notice in a newspaper if a correctly
addressed notice is sent with sufficient postage and is returned as unclaimed,
refused, the forwarding order has expired, or with a notation that the
addressee is unknown or has moved without leaving a forwarding address.
Note: Notice by newspaper publication is not permissible if possession of the motor
vehicle was obtained prior to September 1, 1999.
Public Sale
The claimant or their authorized agent may sell the vehicle at public sale to the highest
bidder if the charges are not paid AND law enforcement does not take the vehicle into
custody before the 31st day after the Law Enforcement Notification is made. A release of
lien is required if a lien is indicated on the Texas or out of state title and/or registration
verification. Vehicles sold to the highest bidder at public sale transfer to the purchaser
using Storage Lien Foreclosure, Form VTR-265-S. The purchaser must apply for a
vehicle title in their name, unless the vehicle is purchased by a dealer with a current
General Distinguishing Number (GDN).
Proceeds
The proceeds are to be applied to the payment of charges due and the excess proceeds
(balance) paid to the person entitled to it.
The person holding the excess must pay it to the county treasurer of the county in which
the vehicle was stored if a person entitled to the excess proceeds is not known or has
moved from this state. The treasurer should issue the person a receipt for the payment. The
excess becomes a part of the county’s general fund if the person entitled to the excess does
not claim it before two years after the day it is paid to the treasurer.
Licensed Vehicle Storage Facility Lien
Motor Vehicle Title Manual 23-16 TxDMV April 2015
Evidence Required to Transfer Ownership
1. Application for Texas Title, Form 130-U. The purchaser of the vehicle at public sale
must apply for title in their name, unless the vehicle is purchased by a dealer with a
current General Distinguishing Number (GDN).
2. Storage Lien Foreclosure, Form VTR-265-S. Must be completed by the
claimant/authorized agent and signed by the claimant/authorized agent and purchaser.
3. Verification of Title and/or Registration.
4. Proof of notifications sent to the owner(s) and any lienholder(s) by Certified Mail,
Return Receipt, or proof of Newspaper Publication including the Certified Mail,
Return Receipt, to the governmental entity. (Required for Procedure 1 only if more
than 5 days of storage are assessed. Required for Procedure 2 under any
circumstance.)
5. Dated receipt from the law enforcement agency showing the $10 administrative fee
was paid. This evidences the filing with the law enforcement agency. In lieu of the
receipt, the “Law Enforcement Certification” on the Form VTR-265-S must be
completed;
6. A copy of the written and dated contract for the vehicle to be stored on the premises of
the facility is required. The contract must contain terms and, at minimum, an
expiration date. (Only applicable for Procedure 1.)
7. A copy of the city ordinance must be attached if possession was obtained under a city
ordinance. (Only applicable for Procedure 2.)
8. Release of lien(s), if applicable. A release of lien is required if a lien is indicated on the
title/registration verification.
9. A copy of current proof of liability insurance in the applicant’s name. Refer to Chapter
11 of the TxDMV Motor Vehicle Registration Manual.
10. Verification of the vehicle identification number, motor number, or serial number to
establish the vehicle’s correct identity is required when a verification of title and/or
registration is unavailable. A pencil tracing, photograph, VTR-270, or VTR-68-A are
acceptable when required.
11. A Vehicle Inspection Report or an Out-of-State Identification Certificate, Form
VI-30, is required if the vehicle was last registered out of state. A certified weight
certificate is also required for a commercial vehicle (refer to Chapter 10, Weight
Certificate).
23.4 Licensed Vehicle Storage Facility Lien
Form: Licensed Vehicle Storage Facility Lien Foreclosure, VTR-265-VSF
Storage Location: Licensed Vehicle Storage Facility
Authorization: Law Enforcement or anyone other than the owner or lienholder of record
(non-consent of the owner)
Licensed Vehicle Storage Facility Lien
Motor Vehicle Title Manual 23-17 TxDMV April 2015
Statute: Occupations Code, Chapter 2303
General Information
A licensed vehicle storage facility is a garage, parking lot, or other facility owned by a
person other than a governmental entity and is used to store or park at least 10 vehicles
each year. A licensed vehicle storage facility must be licensed by the Texas Department of
Licensing and Regulation (or the Texas Department of Transportation’s Motor Carrier
Division prior to January 1, 2008) under Occupations Code, Chapter 2303.
A licensed vehicle storage facility’s possession of the vehicle must have been in
conjunction with a non-consent private property or law enforcement tow. Provisions of
the Vehicle Storage Facility Act do not apply to a vehicle parked or stored at a VSF
with the consent of the vehicle’s owner.
Vehicle Storage Facility Notifications Requirements
All notifications (except the law enforcement notification) are required to be written
notices made by Certified Mail, Return Receipt, or by Electronic Certified Mail unless
eligible for notification by publication. All notifications must include the information
required by the Texas Department of Licensing and Regulation. For information
concerning these requirements call (512) 463-6599 or Toll-Free 800-803-9202.
Licensed Vehicle Storage Facilities are subject to the notification requirements under
Occupations Code, Chapter 2303. The notifications required by the TxDMV are outlined
in the following subsections.
First Notice (Notice to Owner or Lienholder)
Within 5 days of obtaining possession, the first notice must be made to the owner and
“primary lienholder” if the vehicle was last registered in Texas or within 14 days to the
owner and “each recorded lienholder” if the vehicle was last registered outside of Texas.
Under no circumstances can the first notice be made within the first 24 hours of obtaining
possession. The first notice must be sent by Certified Mail, Return Receipt, or by
Electronic Certified Mail. Although not required, it is recommended that all applicable
lienholders be notified if the vehicle was last registered in Texas. Notification must be
made to all applicable lienholders if the vehicle was last registered outside of Texas.
Notice by newspaper publication may be permitted (see Notification by Newspaper).
Note: Electronic certified mail is only permissible if possession of the vehicle was
obtained on or after September 1, 2003.
It is permissible for a licensed vehicle storage facility to send the First Notice for a vehicle
last registered out of state after the 14th day. The licensed vehicle storage facility must
send a written or electronic request to that state with which the motor vehicle is registered
requesting information relating to the identity of the last known registered owner(s) and
any lienholder(s) of record within 5 days of obtaining possession of the motor vehicle.
Upon receipt of that information, the licensed vehicle storage facility must immediately
send the notice to the owners/lienholders for a vehicle last registered out of state.
Licensed Vehicle Storage Facility Lien
Motor Vehicle Title Manual 23-18 TxDMV April 2015
Whether the vehicle is registered in Texas or out of state, no more than five days of
storage fees may be charged until the notice is mailed to the owner and lienholder or to the
governmental entity. Once the notice is mailed, additional days of storage may be charged
until the vehicle is removed and all accrued charges are paid.
Contents of First Notice
The notice must include all of the following:
• The date the vehicle was accepted for storage
• The first day for which a storage fee is assessed
• The daily storage rate
• The type and amount of any other charge to be paid when the vehicle is claimed
• The full name, street address, and telephone number of the vehicle storage facility
• The hours during which the owner may claim the vehicle
• The facility license number preceded by “Texas Department of Licensing and
Regulation Vehicle Storage Facility License Number” or “TDLR VSF Lic. No.”
Note: Prior to January 1, 2008, the facility license number is proceeded by “Texas
Department of Transportation Vehicle Storage Facility License Number.”
Law Enforcement Notification
A vehicle is deemed abandoned (Transportation Code Section 683.031(a)(3)) the 10th day
after the date the First Notice was mailed or published in a newspaper. The licensed
vehicle storage facility must report the motor vehicle as abandoned to the law enforcement
agency in the jurisdiction where the vehicle is located or the Texas Department of Public
Safety within 7 days of the determination the vehicle is abandoned if fees include storage
charges. No storage charges may be assessed if law enforcement is notified after the 7th
day.
Upon receipt of this report, law enforcement has 10 days to send another notice by
certified mail to the registered owner(s) and any applicable lienholder(s).
Second Notice (Consent to Sale)
If the vehicle remains unclaimed and law enforcement takes no action before the 15th day
after the first notice was mailed or published, the licensed vehicle storage facility is
required to make a second notification to the last known owner(s) and “primary
lienholder.” Although not required, it is recommended that all applicable lienholders be
notified.
Statute does not specify that the second notice must be by electronic or certified mail;
however, since evidence of mailing is required, it is recommended the second notice be
sent by electronic or certified mail.
Contents of Second Notice
The notice must include all of the following:
• All of the same information required in the First Notice (Notice to Owner or
Lienholder)
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Motor Vehicle Title Manual 23-19 TxDMV April 2015
• A statement of the right of the facility to dispose of the vehicle under Occupations
Code 2303.157
• A statement that the failure of the owner or lienholder to claim the vehicle before
the 30th day after the date the notice is provided is a waiver by that person of all
right, title, or interest in the vehicle and a consent to the sale of the vehicle at a
public sale
Notice by newspaper publication may be permitted (see Notification by Newspaper).
This section is not applicable to abandoned nuisance vehicles. Refer to Abandoned
Nuisance Vehicle for Second Notice exemption details.
Second Notice when possession was obtained prior to 9/1/2005
The Second Notice can not have been sent prior to the 41st day after the First Notice was
made if possession of the vehicle was obtained prior to September 1, 2005.
Notification by Newspaper
In lieu of written notification, publication of the notice(s) in a newspaper of general
circulation (see Newspaper of General Circulation) in the county in which the vehicle is
stored may be used if ANY of the following apply:
• The vehicle is registered in another state
• The licensed vehicle storage facility operator has sent a correctly addressed
request by Certified Mail, Return Receipt, to the governmental entity with which
the motor vehicle is registered requesting information relating to the identity of the
last known registered owner and any lienholder of record (Proof of this effort is
required to support the Texas Title Application)
• The identity of the registered owner cannot be determined
• The registration does not contain an address for the registered owner
• The licensed vehicle storage facility operator cannot reasonably determine the
identity and address of each lienholder
• The vehicle does not display a license plate or a vehicle inspection certificate
indicating the state of registration
Note: If possession was obtained prior to September 1, 2005, all of the above must
have applied in order to make notification by newspaper publication.
Contents of Publication for First Notice
The notice by publication for the First Notice must include all of the following:
• The vehicle description
• The total charges
• The full name, street address, and telephone number of the vehicle storage facility
• The Texas Department of Licensing and Regulation Vehicle Storage Facility
License Number
Note: Prior to January 1, 2008, the facility license number was issued by the Texas
Department of Transportation’s Motor Carrier Division.
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Motor Vehicle Title Manual 23-20 TxDMV April 2015
Contents of Publication for Second Notice
The notice by publication for the Second Notice must include:
• All of the same information required in the publication of the First Notice listed
above (vehicle description, total charges, facility information, and facility
number), and
• A statement that the failure of the owner or lienholder to claim the vehicle before
the 30th day after the date the notice is provided is a waiver by that person of all
right, title, or interest in the vehicle and a consent to the sale of the vehicle at a
public sale.
Note: The licensed vehicle storage facility operator is not required to publish notice
in a newspaper if a correctly addressed notice is sent with sufficient postage
and is returned as unclaimed, refused, the forwarding order has expired, or
with a notation that the addressee has moved without leaving a forwarding
address.
The department requires the licensed vehicle storage facility to send a correctly addressed
request by Certified Mail, Return Receipt, to the governmental entity with which the
motor vehicle is registered requesting information relating to the identity of the last known
registered owner and any lienholder of record. A request by electronic certified mail to the
governmental entity is not acceptable.
Note: The newspaper publication option is not available if a motor vehicle record is
found in Texas.
Notice by publication in a newspaper may include a list of more than one vehicle.
Public Sale
The licensed vehicle storage facility operator or their authorized agent may sell the vehicle
at public sale without obtaining a release of lien if the charges are not paid before the 30th
day after the second notice is made, and no action has been taken by law enforcement. The
proceeds from the sale shall be applied to the payment of any charges and pay the balance,
if any, to the person entitled to them. Vehicles sold to the highest bidder at public sale
transfer to the purchaser using Licensed Vehicle Storage Facility Lien Foreclosure, Form
VTR-265-VSF. The purchaser must apply for a vehicle title in their name, unless the
vehicle is purchased by a dealer with a current General Distinguishing Number (GDN).
Evidence Required to Support the Application for Title
1. Application for Texas Title, Form 130-U. The purchaser of the vehicle at public sale
must apply for title in their name, unless the vehicle is purchased by a dealer with a
current General Distinguishing Number (GDN).
2. Licensed Vehicle Storage Facility Lien Foreclosure, Form VTR-265-VSF. Must be
completed by the licensed vehicle storage facility operator/authorized agent and
signed by the licensed vehicle storage facility operator/authorized agent and
purchaser.
Licensed Vehicle Storage Facility Lien
Motor Vehicle Title Manual 23-21 TxDMV April 2015
3. Verification of Title and/or Registration.
4. Proof of notifications sent to the owner(s) and any applicable lienholder(s) by
Certified Mail, Return Receipt (or Electronic Certified Mail), or proof of Newspaper
Publication including the Certified Mail, Return Receipt, to the governmental entity.
5. Dated receipt from the law enforcement agency showing the $10 administrative fee
was paid. This evidences the filing with the law enforcement agency. In lieu of the
receipt, the “Law Enforcement Certification” on the Form VTR-265-VSF must be
completed;
6. A copy of current proof of liability insurance in the applicant’s name. Refer to Chapter
11 of the TxDMV Motor Vehicle Registration Manual.
7. Verification of the vehicle identification number, motor number, or serial number to
establish the vehicle’s correct identity is required when a verification of title and/or
registration is unavailable. A pencil tracing, photograph, VTR-270, or VTR-68-A are
acceptable when required.
8. A Vehicle Inspection Report or an Out-of-State Identification Certificate, Form
VI-30, is required if the vehicle was last registered out of state. A certified weight
certificate is also required for a commercial vehicle (refer to Chapter 10, Weight
Certificate).
Abandoned Nuisance Vehicle
An abandoned nuisance vehicle means a motor vehicle that is at least 10 years old and of a
condition only to be demolished, wrecked, or dismantled.
Under this scenario, the licensed vehicle storage facility must still report the vehicle as
abandoned to law enforcement, or may send the notices required under Transportation
Code Chapter 683 and notify the Texas Department of Licensing and Regulation (TDLR).
Receipt for payment, or certification from law enforcement, or TDLR on the Licensed
Vehicle Storage Facility Lien Foreclosure, Form VTR-265-VSF, is required.
A vehicle storage facility that holds an abandoned nuisance vehicle is not required to send
or publish a second notice and may apply to the department to dispose of the vehicle to a
demolisher on or after the 30th day the First Notice is made.
Purchasers of an abandoned nuisance vehicle may only apply to the department for a
Certificate of Authority (COA). Refer to Nonrepairable Vehicles.
Evidence Required to Support the Application for Authority to Dispose
1. Application for Authority to Dispose of an Abandoned Nuisance Vehicle, Form
VTR-71-6. Application must be completed by the licensed vehicle storage facility.
2. Payment of the $10.00 application fee in the form of a cashier’s check, money order,
or check made payable to the Texas Department of Motor Vehicles.
Self-Service Storage Facility Lien
Motor Vehicle Title Manual 23-22 TxDMV April 2015
3. Verification of Title and/or Registration. Verification of the vehicle identification
number, motor number, or serial number to establish the vehicle’s correct identity is
required when a verification of title and/or registration is unavailable. A pencil tracing,
photograph, VTR-270, or VTR-68-A are acceptable when required.
4. Proof of notification sent to the owner(s) and any applicable lienholder(s) by Certified
Mail, Return Receipt (or Electronic Certified Mail), or proof of Newspaper
Publication including the Certified Mail, Return Receipt, to the governmental entity.
5. Dated receipt from the law enforcement agency showing the $10 administrative fee
was paid. This evidences the filing with the law enforcement agency. In lieu of the
receipt, the “Law Enforcement Certification” on the Form VTR-265-VSF can be
completed.
The form, fee, and all applicable documentation should be submitted to:
Texas Department of Motor Vehicles
Vehicle Titles and Registration Division
Austin, Texas 78779-0001
23.5 Self-Service Storage Facility Lien
Form: Self-Service Storage Facility Lien Foreclosure, VTR-265-SSF
Storage Location: Self-Service Storage Facility
Authorization: Owner, lessor (tenant), sub-lessor, or owner/agent of self-service storage
facility.
Statute: Property Code, Chapter 59
General Information
When a self-service storage facility’s lien is acquired on a motor vehicle under the
provisions of the Property Code, Chapter 59, Section 59.021, the lien may be disposed of
in accordance with the provision of Sections 59.042 and 59.0445.
If unable to determine where the vehicle was last registered, this method of disposal of the
vehicle cannot be used. Disposal of the vehicle must be by court order through a court of
competent jurisdiction or must be disposed of as an abandoned motor vehicle under
Transportation Code, Section 683.002(a)(3).
Priority of Self Service Storage Liens
A self-service storage facility lien takes priority over all other liens. Therefore, a release of
any recorded lien is not required.
Rental/Lease Agreement
A written rental or lease agreement signed by the self-service storage facility (lessor) and
the tenant (lessee) is required. The agreement must contain the self-service storage
facility’s rights to seize and sell the property. The seizure and sale rights must be
underlined or printed in conspicuous bold print. The lien is not enforceable unless the sale
and disposition of the property is authorized in a written rental/lease agreement.
Self-Service Storage Facility Lien
Motor Vehicle Title Manual 23-23 TxDMV April 2015
Servicemembers
Under Property Code, Section 59.010, servicemember has the meaning assigned by
Servicemembers Civil Relief Act (50 U.S.C. App. Section 511), Section 101. A member
of the Texas State Guard or Texas National Guard who is in military service is entitled to
the same protections and rights relating to the enforcement of storage liens under the
Servicemembers Civil Relief Act (50 U.S.C. App. Section 511 et seq.) to which a
servicemember is entitled.
Self-Service Storage Facility Notification Requirements
Notice of Claim
The “Notice of Claim” (Tenant’s Notice) to the tenant must be sent by Verified Mail or
e-mail. The notice may not be sent by e-mail unless a written rental/lease agreement
between the self-service storage facility and the tenant contains language underlined or in
conspicuous bold print that notice may be given by e-mail if the tenant elects to provide an
e-mail address.
Notice by verified mail or e-mail is considered delivered when mailed or e-mailed to the
tenant’s address or e-mail as listed in the rental/lease agreement.
Contents of Notice of Claim
In accordance with Property Code, Section 59.043, the self-service storage facility’s notice
to the tenant must contain all of the following:
• An itemized account of the claim
• The name, address, and telephone number of the self-service storage facility or the
self-service storage facility’s agent
• A statement that the contents of the self-service storage facility have been seized under
the contractual landlord’s lien
• A statement the property may be sold at public auction if the tenant fails to satisfy the
claim on or before the 14th day after the date the notice is delivered
• A statement underlined or printed in conspicuous bold print requesting a tenant who is
in military service to notify the lessor of the status of the tenant’s current military
service immediately (This statement is not required if the notice was made prior to
January 1, 2012)
Note: A self-service storage facility may require written proof of a tenant’s military
service in the form of documentation from the United States Department of
Defense or other documentation reasonably acceptable to the self-service
storage facility.
Delivery of Notice of Claim
The self-service storage facility must deliver the notice in person or by e-mail or verified
mail to the tenant’s last known e-mail or postal address. This notice must be made at least
15 days prior to the Notice of Sale being published or posted. If made in person, a signed
and dated acknowledgment of receipt is required from the tenant; however, the department
recommends making the Notice of Claim by e-mail or verified mail to minimize
complications.
Self-Service Storage Facility Lien
Motor Vehicle Title Manual 23-24 TxDMV April 2015
Note: If possession of the vehicle was obtained prior to January 1, 2012, the notice
must be made by Certified Mail, Return Receipt, only. Verified mail and
email notifications prior to this date are not acceptable.
Notice of Sale
The Notice of Sale (Tenant’s Notice) must be made by newspaper publication, or if
newspaper publication is unavailable, by posting a notice in five conspicuous locations
near the self-service storage facility in addition to a posting at the self-service storage
facility.
Publication
If the tenant fails to satisfy the claim under the Notice of Claim on or before the 14th day
after the notice was mailed or emailed, the self-service storage facility must publish two
notices in a newspaper of general circulation in the county where the self-service storage
facility is located. Publication must be made in two consecutive weeks, and the first
publication cannot be before the 15th day after the Notice of Claim was mailed or emailed.
Timing of the Notice of Claim and Notice of Sale
The Notice of Claim (Tenant’s Notice) and the Notice of Sale can be made at any time,
including after the Notice to Owner(s) and Lienholder(s). There is no requirement when
the Notice of Claim must be made, but the Notice of Sale must be made no earlier than the
15th day after the Notice of Claim is made. However, public sale cannot occur unless all
three notices have been made AND the Notice to Owner(s) and Lienholder(s) was made
no later than 30 days after the self-service storage facility took possession (refer to Public
Sale).
Notice to Owner(s) and Lienholder(s)
The self-service storage facility must give written notice of sale to the last known owner
and each holder of a lien recorded on the motor vehicle title no later than 30 days after the
self-service storage facility takes possession of the motor vehicle. If the vehicle is
registered or titled in another state, the self-service storage facility must provide notice to
the owner and each lienholder of record in that state. The Notice to Owner(s) and
Lienholder(s) can be made before or after either the Notice of Claim or Notice of Sale, as
long as the Notice to Owner(s) and Lienholder(s) is made no later than 30 days after the
facility took possession. The self-service storage facility lien foreclosure procedure is not
available if the Notice to Owner(s) and Lienholder(s) is made later than the 30th day after
the facility took possession and disposition must be by court order from a county or
district court.
Notice by newspaper publication may be permitted (see Newspaper Publication).
Contents of Notice to Owner(s) and Lienholder(s)
The notice must include the amount of the charges secured by the lien, a request for
payment, and a statement that if the charges are not paid in full before the 31st day after
the date the notice is mailed or published, the property may be sold at public auction.
Self-Service Storage Facility Lien
Motor Vehicle Title Manual 23-25 TxDMV April 2015
Delivery of Notice to Owner(s) and Lienholder(s)
The self-service storage facility must send notice by Verified Mail or make a Newspaper
Publication. Notice by Verified Mail is considered delivered when the notice, properly
addressed with postage prepaid, is deposited with the United States Postal Service or a
common carrier.
Newspaper Publication
A self-service storage facility may publish the notice once in a print or electronic version
of a newspaper of general circulation (see Newspaper of General Circulation) in the
county where the vehicle is stored. The self-service storage facility may use publication as
a notification process if ALL of the following apply:
• The self-service storage facility submits a written request by Verified Mail to the
governmental entity with which the motor vehicle is registered or titled requesting
information relating to the identity of the last known owner(s) and any lienholder(s) of
record.
• The self-service storage facility:
• is advised in writing by the governmental entity with which the motor vehicle is
registered or titled that the entity is unwilling or unable to provide information on
the last known owner(s) or any lienholder(s) of record, or
• does not receive a response from the governmental entity with which the motor
vehicle is registered or titled on or before the 21st day after the date the self-service
storage facility submits the request.
• The identity of the last known owner of record cannot be determined.
• The registration or title does not contain an address for the last known owner of record.
• Cannot determine the identities and addresses of the lienholders of record.
Note: The self-service storage facility is not required to publish notice if a correctly
addressed notice is sent with sufficient postage and is returned as unclaimed,
refused, the forwarding order has expired, or with a notation that the
addressee is unknown or has moved without leaving a forwarding address.
Note: Notice by newspaper publication is not permissible if possession of the vehicle
was obtained prior to September 1, 1999. The written request sent to the
governmental agency must have been made by certified mail, return receipt if
possession of the vehicle was obtained prior to January 1, 2012. Verified mail
was not acceptable prior to January 1, 2012.
Public Sale
A self-service storage facility may sell the motor vehicle at public sale if charges are not
paid before the 31st day after the day the Notice to Owner(s) and Lienholder(s) was made.
Additionally, the Notice of Claim (Tenant’s Notice) must be mailed/e-mailed (as
applicable) and the Notice of Sale must be published/posted (as applicable) prior to the
public sale. The public sale may occur on, or after, the later of the following: the 31st day
after the Notice to Owner(s) and Lienholder(s) was mailed; or the 15th day after the
Notice of Sale was published (or 11th day if made by posting). The proceeds shall be
Self-Service Storage Facility Lien
Motor Vehicle Title Manual 23-26 TxDMV April 2015
applied to the payment of charges, and the balance shall be paid to the person entitled to
them. Vehicles sold to the highest bidder at public sale transfer to the purchaser using
Self-Service Storage Facility Lien Foreclosure, Form VTR-265-SSF. The purchaser must
apply for a vehicle title in their name, unless the vehicle is purchased by a dealer with a
current General Distinguishing Number (GDN).
Evidence Required to Transfer Ownership
1. Application for Texas Title, Form 130-U. The purchaser of the vehicle at public sale
must apply for title in their name, unless the vehicle is purchased by a dealer with a
current General Distinguishing Number (GDN).
2. Self-Service Storage Facility Lien Foreclosure, Form VTR-265-SSF. Must be
completed by the self-service storage facility operator/authorized agent and signed by
the self-service storage facility operator/authorized agent and purchaser.
3. A copy of the signed Rental/Lease Agreement.
4. Verification of Title and/or Registration.
5. Proof of notifications:
Notice of Claim (Tenant’s Notice) – Official evidence of Verified Mail or e-mail
made at least 15 days prior to the “Notice of Sale.” E-mail verification must consist of
a copy of the e-mail evidencing date of transmission and the recipient’s email address
(matching the email listed in the rental/lease agreement).
Notice of Sale – Proof consists of legible photocopies of each (two) newspaper
publications which includes the name of the publication and the dates of publication.
Publications must be in two consecutive weeks. The first publication must be on or
after the 15th day after “Notice of Claim” (Tenant’s Notice) was made.
If “Notice of Sale” is made by posting, a copy of the notice and a list of at least five
addresses where the postings were made is required.
Notice of Owner(s) and Lienholder(s) – Official evidence of Verified Mail and/or
Newspaper Publication (as applicable). This notice must be made on or before the 30th
day after the self-service storage facility takes possession of the vehicle.
6. A copy of current proof of liability insurance in the applicant’s name. Refer to Chapter
11 of the TxDMV Motor Vehicle Registration Manual.
7. Verification of the vehicle identification number, motor number, or serial number to
establish the vehicle’s correct identity is required when a verification of title and/or
registration is unavailable. A pencil tracing, photograph, VTR-270, or VTR-68-A are
acceptable when required.
8. A Vehicle Inspection Report or an Out-of-State Identification Certificate, Form
VI-30, is required if the vehicle was last registered out of state. A certified weight
certificate is also required for a commercial vehicle (refer to Chapter 10, Weight
Certificate).
Landlord’s Lien
Motor Vehicle Title Manual 23-27 TxDMV April 2015
23.6 Landlord’s Lien
Form: Landlord’s Lien Foreclosure, VTR-265-L
Storage Location: Lease or Rental Property
Authorization: Landlord or Landlord’s Agent
Statute: Property Code, Chapter 54
General Information
When a landlord’s lien is acquired on a motor vehicle under the provisions of the Property
Code, Section 54.041, the landlord may sell or dispose of a motor vehicle in accordance
with the provisions of Chapter 54.
Rental/Lease Agreement
A written rental or lease agreement signed by the landlord (lessor) and the tenant (lessee)
is required. The agreement must contain the landlord’s rights to seize and sell the
property. The seizure and sale rights must be underlined or printed in conspicuous bold
print. The lien is not enforceable unless the sale and disposition of the property is
authorized in a written rental/lease agreement.
The landlord cannot charge for packing, removing, or storing the motor vehicle unless
those charges are authorized in the written rental/lease agreement.
Ownership
The vehicle that is seized and sold must be in the name of the tenant listed in the
rental/lease agreement. A title verification is required from the last state of title. A release
of lien is required when the title verification indicates a lien. If the vehicle title is not in the
tenant’s name (as listed in the rental/lease agreement), verification of the title record
cannot be obtained from another state, or if a release of lien cannot be obtained (if a lien is
recorded on the title record), the landlord’s lien foreclosure is not available and the
disposition must be accomplished by court order from a county or district court.
Exempt/Non-Exempt Property
A landlord may only seize and sell non-exempt property located on the rental property. A
landlord may not seize exempt property. One automobile and one truck, each, are
considered exempt and cannot be seized under this the landlord’s lien foreclosure
procedure. Additional automobiles and trucks are considered non-exempt and may be
seized and sold under this procedure.
Landlord’s Notification Requirements
Seizure of Property Notice
The landlord must leave a written notice with an itemized list of the items removed
immediately after seizure in a conspicuous place within the dwelling. The notice must
state the amount of delinquent rent and the name, address, and telephone number of the
person the tenant may contact regarding the amount owed. The notice must state that the
property will be promptly returned upon full payment of the delinquent rent.
Note: Proof of this notice is not required to be attached to the title application.
Landlord’s Lien
Motor Vehicle Title Manual 23-28 TxDMV April 2015
Notices of Sale
The landlord must give notice to the tenant no later than the 30th day before the date of the
sale. The notice must be sent by both first class mail AND Certified Mail, Return Receipt,
to the tenant’s last known address and must include all of the following:
• The date, time, and place of the sale
• An itemized account of the amount owed by the tenant to the landlord
• The name, address, and telephone number of the person the tenant may contact
regarding the sale, the amount owed, and the right of the tenant to redeem the property
at any time before the property is sold by paying all delinquent rents and, if authorized
in the written lease, reasonable packing, moving, storage, and sale costs
Public Sale
The landlord or their authorized agent may sell the vehicle at public sale to the highest
bidder if the charges are not paid before the 31st day after the Notices of Sale are mailed.
The proceeds from the sale shall be applied to the payment of any charges and pay the
balance, if any, to the person entitled to them. Vehicles sold to the highest bidder at public
sale transfer to the purchaser using Landlord’s Lien Foreclosure, Form VTR-265-L. The
purchaser must apply for a vehicle title in their name, unless the vehicle is purchased by a
dealer with a current General Distinguishing Number (GDN).
Excess Proceeds
The landlord must mail any sale proceeds remaining to the tenant at the tenant’s last
known address no later than the 30th day after the date of the sale. The landlord must
provide the tenant with an account of all the proceeds on the sale within 30 days of the
tenant making a written request for the accounting.
Evidence Required to Transfer Ownership
1. Application for Texas Title, Form 130-U. The purchaser of the vehicle at public sale
must apply for title in their name, unless the vehicle is purchased by a dealer with a
current General Distinguishing Number (GDN).
2. Landlord’s Lien Foreclosure, Form VTR-265-L. Must be completed by the
landlord/authorized agent and signed by the landlord/authorized agent and purchaser.
3. A copy of the signed Rental/Lease Agreement.
4. Verification of title is required from the last state of title in the tenant’s name. A third
party verification is not acceptable. Verification must be from the state of record
(government entity). If not available or the verification is not in the tenant’s name,
this procedure cannot be used and disposition of the vehicle must be by court order.
There are no acceptable alternatives.
5. Proof of Notices of Sale sent to the tenant by Certified Mail, Return Receipt. Proof of
the notification sent to the tenant by first class mail is not required.
6. Release of lien(s), if applicable. A release of lien is required if a lien is indicated on the
title/registration verification.
Verification of Title and/or Registration
Motor Vehicle Title Manual 23-29 TxDMV April 2015
7. A copy of current proof of liability insurance in the applicant’s name. Refer to Chapter
11 of the TxDMV Motor Vehicle Registration Manual.
8. Verification of the vehicle identification number, motor number, or serial number to
establish the vehicle’s correct identity may be requested. A pencil tracing, photograph,
VTR-270, or VTR-68-A are acceptable when required.
9. A Vehicle Inspection Report or an Out-of-State Identification Certificate, Form
VI-30, is required if the vehicle was last registered out of state. A certified weight
certificate is also required for a commercial vehicle (refer to Chapter 10, Weight
Certificate).
23.7 Verification of Title and/or Registration
If the vehicle is registered in Texas, verification of Texas title and registration is required.
If registered outside of Texas, verification of title and registration from the state of record
is required if available. A third party verification is not acceptable. Verification must
be from the state of record (government entity). If not available, the following may be
provided:
• If a statutory lienholder sends a written request for title and registration verification to
the state of record by certified or verified mail (as applicable, see Type of Mailing
below) and is informed by letter from that state that due to the Driver’s Privacy
Protection Act restrictions the state will forward the statutory lienholder’s notification
to the owner(s) and lienholder(s) for notification purposes, then the original letter(s)
from the state of record, along with certified or verified mail (as applicable, see Type
of Mailing below) receipts for each notification sent to that state, is acceptable; or
• If notification is made by newspaper publication (if applicable), proof that a correctly
addressed request for the name and address of the last known registered owner(s) and
lienholder(s) was sent to the state of record by certified or verified mail (as applicable,
see Type of Mailing below). Proof consists of a copy of the request sent along with
certified or verified mail (as applicable) receipts for the notification sent to the state of
record.
Type of Mailing
Mechanic’s lien, franchise mechanic’s lien, vehicle storage facility lien and storage lien
foreclosures require the title and/or registration verification request to be made by
Certified Mail, Return Receipt. Self-service storage facility operators may make the
request by Verified Mail.
Not Applicable
This section does not apply to landlord lien foreclosures. Landlords may make the request
for title and/or registration verification in any manner; however, the alternative methods
provided above do not apply to these lien foreclosures. A title and/or registration
verification is required from the last state of record; otherwise, the landlord’s lien
foreclosure procedure is not an available option for disposition. Refer to Section 23.5
Self-Service Storage Facility Lien.
Acceptable Proof of Notifications
Motor Vehicle Title Manual 23-30 TxDMV April 2015
No Record Found/VIN Verification Required
A VIN verification is required if no Texas or out of state title verification is available for a
mechanic’s lien, franchise mechanic’s lien, vehicle storage facility lien, and storage lien
foreclosure. This section does not apply to landlord’s lien foreclosure because the
foreclosure process is not permissible if a record cannot be located.
New Owner or Lienholder Recorded
In rare situations, a new owner or lienholder is recorded on the motor vehicle record after
a statutory lienholder has obtained the registration and/or title verification. Statutory
lienholders are not required to send additional notifications or restart the notification
process if they have notified the owner and lienholder on record at the time of obtaining
registration and/or title verification. This includes the time between when the statutory
lienholder obtains the registration and/or title verification and the title application is filed
at the county tax assessor-collector’s office following public sale.
23.8 Acceptable Proof of Notifications
Certified Mail, Return Receipt
Proof consists of the United States Postal Service (USPS) date stamped receipts for
certified mail (PS Form 3800 or 3877) and the return receipt (PS Form 3811), together
with any unopened certified letter(s) returned as undeliverable, unclaimed, refused, or no
forwarding address.
Figure 23-1 PS Form 3800
Note: “Track and Confirm” is not acceptable.
PS Form 3877
A copy of the page from the Firm Mailing Book for Accountable Mail (PS Form 3877) or
a copy of a privately printed or computer generated firm mailing bill is acceptable
provided it contains a U.S. postal date stamp, the name and complete address of the
person/firm to whom the certified mail was sent, the “Article Number” corresponds on all
documentation, and indicates the mailing type as “Certified Mail.”
Acceptable Proof of Notifications
Motor Vehicle Title Manual 23-31 TxDMV April 2015
Additionally, the PS Form 3877 is provided by USPS when the PS Form 3800 is lost.
PS Form 3877 details are located on the USPS Website.
Lost Return Receipt
When the post office loses the return receipt or the unopened certified letters that should
have been returned as undeliverable, unclaimed, refused, or no forwarding address, the
mailer may request from the post office a return of receipt after mailing and a record of
delivery. This will be acceptable in lieu of the PS Form 3811.
Electronic Certified Mail
Electronic certified mail consists of the PS Form 3800 or PS Form 3877 for proof of
mailing. If the PS Form 3877 is used, it must show “Certified Mail” as the type.
The proof of delivery is verified with a USPS Tracking printout where the tracking
number is the same number shown on the PS Form 3800 or 3877 and shows the date of
delivery and a status of “Delivered.” The tracking number for the notice must match the
tracking number displayed on the USPS Tracking printout.
In all cases, proof must establish a date of mailing, date of delivery or status showing
“delivered,” and the address where the notification(s) were mailed.
Any unopened certified letter(s) returned as undeliverable, unclaimed, refused, or no
forwarding address should be submitted.
Electronic certified mail is only acceptable for licensed vehicle storage facility lien
notifications when possession of the motor vehicle occurred on or after September 1,
2003. Electronic certified mail is not acceptable for any other lien foreclosure notifications
detailed in this chapter.
Verified Mail
Verified mail means any method of mailing that provides evidence of mailing such as a
receipt, copy of receipt, green card, or website tracking printout from the U.S. Postal
Service or any common carrier. In lieu of this, unopened letter(s) returned as
undeliverable, unclaimed, refused, or no forwarding address are accepted. “Track and
Confirm” is acceptable proof of verified mail.
Newspaper Publication
Proof consists of the required evidence of mailing (refer to Evidence of Mailing) as well
as a legible photocopy of the newspaper publication that includes the name and date of the
publication.
Evidence of Mailing
The required evidence of mailing consists of the Certified Mail, Return Receipt, sent to
the governmental entity with which the vehicle was last registered and/or titled for a
Mechanic’s Lien, Franchise Mechanic’s Lien, Licensed Vehicle Storage Facility Lien, and
Storage Lien.
The required evidence of mailing consists of Verified Mail sent to the governmental entity
with which the vehicle was last registered and/or titled for only a Self-Service Storage
Facility Lien.
Miscellaneous Information Regarding Lien Foreclosure
Motor Vehicle Title Manual 23-32 TxDMV April 2015
Newspaper publication is not an available option for a Self-Service Storage Facility Lien.
23.9 Miscellaneous Information Regarding Lien Foreclosure
Newspaper of General Circulation
In this chapter, the term “newspaper of general circulation” describes a newspaper that has
more than a de minimis (too trivial or minor to merit consideration) number of subscribers
within a particular geographic region, has a diverse audience/subscribership, and contains
some news, editorials, and advertisements of general interest to the community. (Refer to
Texas Attorney General Opinion No. JC-0223)
Liens Occurring Out of State
Out of state foreclosure liens should be cleared by the state in which the lien was created.
Renewal Recipient Notification
Renewal recipients are not required to be notified, but it is recommended. The last
registered owner and lienholder are considered the owner of record; however, it is
recommended that any other potential owner(s) and lienholder(s) listed on a title and/ or
registration verification or those located in the E-tags and permit databases be notified.
Innocent Purchasers
The bonded title process or a tax assessor-collector hearing is only available to an
innocent purchaser. A person buying directly from the statutory lienholder (mechanic,
storage facility, etc) is not considered an innocent purchaser.
For example, if a mechanic sells a vehicle to Purchaser A without the proper
documentation, Purchaser A is not an innocent purchaser because they directly purchased
the vehicle from the statutory lienholder. However, if Purchaser A sells the vehicle to
Purchaser B before obtaining title, Purchaser B would be considered an innocent
purchaser because they did not buy the vehicle directly from the statutory lienholder.
Dealer Purchases
The purchaser, as shown on the bill of sale/assignment on the applicable foreclosure form
must title in their name; however, if the purchaser is a dealer, the dealer may use Form
VTR-41-A.
Deployed Military Protections
Refer to Chapter 20, Section 20.3 Deployed Military Protections.
23.10 Nonrepairable Vehicles
Purchase at Public Sale
When a vehicle is lawfully acquired at public auction pursuant to a statutory lien
foreclosure sale and the vehicle is of such little value that it does not justify the expense of
registration and title, the purchaser may apply to the department for a Certificate of
Authority to dispose of the vehicle to a demolisher for demolition, wrecking, or
Nonrepairable Vehicles
Motor Vehicle Title Manual 23-33 TxDMV April 2015
dismantling. Applicants must complete the Junked Vehicle Purchased at a Foreclosure
Sale, Form VTR-70, accompanied by the applicable statutory lien foreclosure form
(VTR-265-M, VTR-265-FM, VTR-265-S, VTR-265-VSF, VTR-265-SSF, or
VTR-265-L), and all related documents necessary to support the foreclosure transaction
as would otherwise be required to be submitted to the county tax assessor-collector’s
office.
Mechanics Filing to Junk a Vehicle
A mechanic/garage must pay the $25 administrative fee to the county tax
assessor-collector’s office even if the vehicle is junk and the mechanic/garage or
subsequent purchaser will be applying for a Certificate of Authority or Nonrepairable
Vehicle Title. The only exemption from paying the fee is for franchise dealers. In
situations where a Mechanic’s Lien Foreclosure, Form VTR-265-M, is submitted with a
Junked Vehicle Purchased at a Foreclosure Sale, Form VTR-70, the mechanic/garage is
responsible for the $25 (to the county tax assessor-collector’s office) and $10 (to the
TxDMV) fees associated with the process. A franchise dealer mechanic/garage is only
responsible for paying the $10 fee associated with the Form VTR-70 application.
Motor Vehicle Title Manual 24-1 TxDMV April 2015
Chapter 24
CERTIFIED COPIES
This chapter contains the following sections:
• 24.1 Lost or Destroyed Certificate of Title
• 24.2 Certified Copy of Title
• 24.3 Certified Copy of Duplicate Original Title (CCDO)
• 24.4 Safety Responsibility Act
• 24.5 Owner Verification Procedures/Acceptable Identification
• 24.6 Title Records Recording a Lien
• 24.7 Verifiable Proof for Lienholders Applying for Certified Copies of Titles
• 24.8 Business Owner(s) of Record/Verified Agent of Business
• 24.9 Vehicles Titled in the Name of a Trust
• 24.10 Retention of Documentation Returned
• 24.11 Certified Copy of Title Denial Alternatives
• 24.12 Title Transfers Involving Fraudulent/Questionable Certified Copies of Title
• 24.13 CCO Requests for Electronic Lien Records
24.1 Lost or Destroyed Certificate of Title
Transportation Code Section 501.134
(a) If a printed title is lost or destroyed, the owner or lienholder disclosed on the
title may obtain, in the manner provided by this section and department rule, a
certified copy of the lost or destroyed title directly from the department by
applying in a manner prescribed by the department and paying a fee of $2. A
fee collected under this subsection shall be deposited to the credit of the Texas
Department of Motor Vehicles fund and may be spent only as provided by
Section 501.138.
(b) If a lien is disclosed on a title, the department may issue a certified copy of the
original title only to the first lienholder or the lienholder’s verified agent.
(c) The department must plainly mark “certified copy” on the face of a certified copy
issued under this section. A subsequent purchaser or lienholder of the vehicle only
acquires the rights, title, or interest in the vehicle held by the holder of the certified
copy.
(d) A purchaser or lienholder of a motor vehicle having a certified copy issued under
this section may at the time of the purchase or establishment of the lien require
that the seller or owner indemnify the purchaser or lienholder and all subsequent
purchasers of the vehicle against any loss the person may suffer because of a claim
presented on the original title.
(e) Repealed January 1, 2012
(f) Repealed January 1, 2012
(g) The department may issue a certified copy of a title only if the applicant:
Certified Copy of Title
Motor Vehicle Title Manual 24-2 TxDMV April 2015
(1) is the registered owner of the vehicle, the holder of a recorded lien against the
vehicle, or a verified agent of the owner or lienholder; and
(2) submits personal identification as required by department rule.
(h) If the applicant is the agent of the owner or lienholder of the vehicle and is
applying on behalf of the owner or lienholder, the applicant must submit verifiable
proof that the person is the agent of the owner or lienholder.
24.2 Certified Copy of Title
A certified copy of title, as provided for in this section, should be issued upon presentation
of a properly completed Application for a Certified Copy of Title, Form VTR-34, if the
negotiable Texas Certificate of Title is lost or destroyed. No person should, without lawful
authority attached to the application, complete an application for certified copy for any
person other than the owner.
Submission
All applications for a certified copy of title, Form VTR-34, together with the required
documentation and the required fee, should be submitted directly to a TxDMV Regional
Service Center.
The fee should be in the form of a check, cashier’s check, or money order made payable to
the Texas Department of Motor Vehicles. Do not mail cash.
If mailing by overnight or express mail, through a mail service, which requires a physical
address, mail to your TxDMV Regional Service Center using the appropriate street
address found on the Form VTR-34. Note the following:
• The certified copy of title is a negotiable title; and only the owner or lienholder, or
verified agent of either should sign Form VTR-34, for a certified copy of a title.
• Original signatures are required on Form VTR-34. The department does not accept
applications by fax.
• An application for a certified copy cannot be assigned. The certified copy of title
should be issued before ownership of the motor vehicle concerned may be transferred.
• A photocopy of an “Acceptable Form of Current Identification” is required.
• Other documentation (i.e.: Release of Lien, or court documents) submitted with a
Form VTR-34 should be original documents. VTR returns the original documents
along with the certified copy of title.
• Powers of Attorney, including the Secure Power of Attorney, Form VTR-271-A, may
be photocopies.
Verification of Ownership
In the event the department receives a Form VTR-34 and every resource has been
checked with no record of title or registration, the department cannot issue a certified copy
of title. If the owner has satisfactory evidence of ownership, the owner may complete a
Verification of Ownership, Form VTR-268, and submit it to the department with legible
photocopies of evidence of ownership and the $2 fee.
Satisfactory evidence of ownership includes:
Certified Copy of Duplicate Original Title (CCDO)
Motor Vehicle Title Manual 24-3 TxDMV April 2015
• A photocopy of an original or certified copy of the Certificate of Title in the applicants
name with release of lien, if applicable.
• A Duplicate Original or a photocopy of a Duplicate Original (non-negotiable title
issued prior to September 1, 2001) title in the applicants name, with a release of lien, if
applicable.
• The Title Control Systems Branch processes applications without a recorded lien.
County tax assessor-collector’s offices process applications with a recorded lien.
Table 24-1 Evidence of Ownership
• A certified copy of title issues in the owner’s name as shown on the evidence of
ownership and mailed to the delivery address provided (Refer to Chapter 7,
“Corrections”).
• If an application for a corrected title is filed, to remove a lien (no transfer of ownership
involved) and the application is supported by a certified copy of title, the registered
owner receives a certified copy of title.
Multiple CCO Requests
As of November 2010 there is a 30 day waiting period for persons requesting a duplicate
CCO. In some emergency situations the department may waive this waiting period.
Examples of these situations include:
• Immediate military deployments.
• A previous CCO issued based on fraudulent release of lien or similar circumstances.
The applicant must surrender the outstanding CCO or title for the vehicle in order to
receive the duplicate CCO in under 30 days.
24.3 Certified Copy of Duplicate Original Title (CCDO)
Effective September 1, 2001, the requirement to issue a non-negotiable Duplicate Original
Certificate of Title to the owner when a lien is recorded was eliminated and replaced with
the Tax Collector’s Receipt, Form VTR-500-RTS. When a CCDO is listed, the reference
is to a Certified Copy of Duplicate Original Non-negotiable Texas Title issued prior to
September 1, 2001.
If a CCDO (issued prior to September 1, 2001) is lost or destroyed, a Duplicate
Registration Receipt or Vehicle Inquiry may be requested from the county tax
assessor-collector’s office or TxDMV Regional Service Center.
Evidence Of Ownership Indicates No Lien Evidence Of Ownership Indicates A Lien
Submit a completed Form VTR-268 Submit a completed Form VTR-268
Attach legible photocopy of evidence of ownership
indicating no lien
Attach legible photocopy of evidence of ownership indicating
a lien and release of lien
Attach completed Form VTR-34, Application for a
Certified Copy of Title with a legible copy of the
owner’s government-issued photo ID
Attach completed Application for Texas Title, Form 130-U.
Submit a $2.00 fee in the form of a check, cashier’s
check, or money order payable to the Texas
Department of Motor Vehicles.
Submit the title application fee ($28 or $33) fee in the form of
a check, cashier’s check, or money order payable to your
local county tax assessor-collector.
Mail to: Texas Department of Motor Vehicles
Vehicle Titles and Registration Division
Attn: Title Control Systems Branch
Austin, Texas 78779-0001
Mail or submit to your local county tax assessor-collector’s
office
Safety Responsibility Act
Motor Vehicle Title Manual 24-4 TxDMV April 2015
24.4 Safety Responsibility Act
For information about the issuance of a certified copy of title or a registration receipt for
Registration Purposes Only on vehicles suspended under the provisions of the Safety
Responsibility Act, refer to Chapter 601 of the Texas Transportation Code, or Chapter 8,
“Refusal/Denial of Title” of this manual.
24.5 Owner Verification Procedures/Acceptable
Identification
Effective September 1, 2001, the department implemented owner verification procedures
for issuance of a certified copy of title.
The required proof for an individual owner of record, if no lien is recorded, is an
“Acceptable Form of Current Identification”. Required proof for an agent of the owner or
lienholder is an acceptable form of current identification, along with a letter of signature
authority on letterhead or printed business card (letterhead or printed business card may be
copies), or the agent’s employee ID. A photocopy of the acceptable form of current
identification presented should be attached to the Application for a Certified Copy of Title,
Form VTR-34 to be included in the title history record.
Acceptable Form of Current Identification
Note: This section and references to this section in this chapter on acceptable forms
of current identification is only applicable to applications for Certified Copy
of Title.
Acceptable forms of current identification for an Application for a Certified Copy of Title
are:
• A driver’s license or state identification certificate issued by a state or territory of
the United States;
• United States (U.S. passport card is acceptable) or foreign passport ;
• United States military identification card;
• North Atlantic Treaty Organization (NATO) identification or identification issued
under a Status of Forces Agreement (SOFA);
• United States Department of Homeland Security, United States Citizenship and
Immigration Services, or United States Department of State identification
document;
• Enhanced Tribal Card (U.S Customs and Border Protection);
• Form I-872 American Indian Card for the Texas and Oklahoma Kickapoo
American and Mexican members (Immigration and Naturalization Service).
The acceptable identification documents listed above must include:
• a photo of the applicant;
• a unique identification number; and,
• an expiration date.
Owner Verification Procedures/Acceptable Identification
Motor Vehicle Title Manual 24-5 TxDMV April 2015
Note: Within this subsection, “Current identification” is defined as not expired
more than twelve (12) months from the expiration date of the identification
document.
Requirements
If the applicant is the individual owner of record the required documentation is:
1. A completed signed Form VTR-34 along with applicable fees.
2. A photocopy of the owner of record’s acceptable form of current identification.
3. If the record indicates a lien, a release of lien on the lienholder’s original letterhead. If
the release of lien is on a department form, the lienholder should attach verifiable
proof, such as a letter of signature authority on original letterhead, a business card, or a
photocopy of the employee’s ID.
Note: If the record indicates Joint Owners and/or a Survivorship Rights remark,
each owner and/or survivor must also sign the application and provide a
photo ID (Refer to Rights of Survivorship Agreement Represents Joint
Ownership).
Power of Attorney
If the applicant has Power of Attorney (POA) for the individual owner of record, the
individual or agent of the business-appointed POA is required to provide the following
documentation:
1. A completed signed Form VTR-34 along with applicable fees.
2. A POA signed by the individual owner of record (original or photocopy is acceptable).
3. A photocopy of the individual owner of record’s acceptable form of current ID.
4. If an individual has POA, a photocopy of the acceptable form of current ID of the
individual signing the Form VTR-34.
5. If a business has POA, a letter of signature authority on letterhead, a business card, or
a photocopy of the employee’s ID, and a photocopy of the acceptable form of current
ID of the business agent who signed Form VTR-34.
6. Any additional documentation required for the specific scenario if applicable.
Note: In the case of joint ownership, each owner should sign the POA and provide a
photocopy of each individual owner of record’s acceptable form of current
ID.
Title Records Recording a Lien
Motor Vehicle Title Manual 24-6 TxDMV April 2015
Applying on Behalf of an Entity
When applying for a CCO on behalf of an entity, an employee’s or authorized agent’s
employee ID is acceptable to establish authority to sign on behalf of the entity. In addition
to the individual’s government issued photo ID, an employee or agent can present an
original or photocopy of a letter of authorization, printed business card, or employee ID.
This applies to vehicles titled in the name of a business, government entity, organization,
trust, lease company, or with a power of attorney (POA).
Note: Copies of the letter of authorization, employee ID, printed business card, or
POA are acceptable when provided as proof of signature authority.
24.6 Title Records Recording a Lien
If a motor vehicle record reflects a lienholder or lienholders (encumbered status), the first
lienholder must complete Form VTR-34 for a certified copy of title. Previously
encumbered owner(s) must complete Form VTR-34 and provide a release of lien for
certified copy of title. (Refer to Chapter 12, “Liens” for more information).
A lien recorded on a motor vehicle Texas title remains on the record until a new
application for Texas title is filed and supported by a release of lien. The certified copy of
title is processed through a county tax assessor-collector’s office, and a new title is issued
showing no lien. If the title recording the lien is lost or destroyed, the recorded lienholder
should complete Form VTR-34 for a certified copy of title. This is true even if the lien
has been paid off, since the lien is still recorded against the vehicle in the files of the
department.
Multiple Lienholders
A second lienholder has no authority to apply for a certified copy of title without a release
of lien from the first lienholder.When dealing with a vehicle record with a first and second
lienholder:
• The first lienholder may apply for a CCO without a release of lien from the second
lienholder
• The owner(s) may apply for a CCO with a release of lien from both lienholders
• The second lienholder may apply for CCO with a release of lien from the first
lienholder
Missing Lienholders
If a lien has been recorded on a Texas title for 10 years or more and the lienholder is no
longer in business or cannot be located (in order to obtain completed Form VTR-34 and
release of lien) (see Chapter 12, Section 12.13 Liens Over 10 Years Old), a certified copy
of title may not be issued (refer to Chapter 10, “Evidence of Ownership”).
Verifiable Proof for Lienholders Applying for Certified Copies of Titles
Motor Vehicle Title Manual 24-7 TxDMV April 2015
Certified Copies
A certified copy of title issues from an application for corrected title if supported by a
surrendered certificate of title. Subsequent certificates of title bear the words “Certified
Copy” until the motor vehicle is transferred to a new owner, who receives a negotiable
title or a registration receipt if the application shows a lien.
If the outstanding title record of a vehicle reveals that a certified copy of title has been
issued, either the certified copy or the negotiable title is acceptable as evidence to support
an application for a new title.
In the event a certified copy of title is lost or destroyed, another certified copy of title
issues from a properly completed Form VTR-34.
Deceased Owners
If the original owner of record is deceased, it is generally not necessary for a certified copy
of title to be issued. However, a certified copy of title can be issued if the executor or heirs
of the estate request a certified copy of title in order to sell the vehicle. In these instances,
the executor should complete Form VTR-34 and attach Letters Testamentary. If the
estate has not been probated, all heirs should complete an Heirship Affidavit and state on
the affidavit that the original title has been lost and a title is needed to dispose of the
vehicle. The Heirship Affidavit should accompany Form VTR-34. The individual named
as the purchaser on the Heirship Affidavit should sign the Form VTR-34. If the vehicle
has not been sold, all heirs must designate on the separate affidavit who may obtain a
CCO.
If the lienholder is deceased, the Application for a Certified Copy of Title, Form VTR-34,
should be completed by the administrator or executor of the deceased lienholders estate
(or by all heirs if no administration) and evidence of lawful authority (Letters of
Administration, Letters Testamentary, Heirship Affidavit, etc.) should be attached to the
Form VTR-34. (Refer to the Affidavit of Heirship for a Motor Vehicle, Form VTR-262,
to be used in these cases. (Refer to Chapter 16, “Operation of Law”).
24.7 Verifiable Proof for Lienholders Applying for Certified
Copies of Titles
Effective September 1, 2001, along with properly completed Form VTR-34, lienholders
filing applications for certified copies of titles should provide the following required
verifiable proof (see below).
Lost Titles
If the applicant is the lienholder (individual) and the lien has not been satisfied and the
lienholder has lost the title, the required documentation for the individual lienholder is:
1. A completed signed Form VTR-34 along with applicable fees.
2. A photocopy of the “Acceptable Form of Current Identification” of the individual
recorded as lienholder signing the Form VTR-34.
Verifiable Proof for Lienholders Applying for Certified Copies of Titles
Motor Vehicle Title Manual 24-8 TxDMV April 2015
Agents of the Recorded Lienholders
If the applicant is a verifiable agent of the recorded lienholder, the required documentation
is:
1. A completed signed Form VTR-34 along with applicable fees.
2. A photocopy of the “Acceptable Form of Current Identification” of the verified agent
of the recorded lienholder signing the Form VTR-34.
3. A letter of signature authority on original letterhead authorizing the recorded
lienholder agent to sign the Form VTR-34, a business card of the recorded lienholder
agent, or a photocopy of the recorded lienholder agent’s employee ID.
Agents Letter of Signature
If the applicant is a verified agent of the recorded lienholder, who has filed with the
department a copy of the business contract and a blanket letter of signature authority on
original letterhead stating that specific employees of the named service provider are
authorized to act on behalf of the lienholder, the additional required documentation is:
1. A completed signed Form VTR-34 along with applicable fees.
2. A copy of the recorded lienholder’s letter of signature authority stating that specific
employees of the service provider are authorized to act on behalf of the lienholder.
3. A photocopy of the “Acceptable Form of Current Identification” of the verified agent
of the recorded lienholder signing the Form VTR-34.
Note: Lienholders who contract with a service provider to process title work on
their behalf are required to provide a Letter of Signature Authority
authorizing specific employees of the service provider to act on behalf of the
lienholder, and a copy of the business agreement between them, to be kept on
file with the department. Copies of the business contract and letter of
signature authority forward to each TxDMV Regional Service Center.
Transfers of Equity
Due to transfer of equity (purchase of security agreement), the purchasing lienholder did
not file for corrected title to record their lien. Title has been lost and recorded lienholder is
either out of business or not cooperating and the applicant is a verified agent of the
purchasing lienholder, the required verifiable proof documentation is:
1. A completed signed Form VTR-34 along with applicable fees.
2. A copy of the Transfer of Equity Agreement signed and dated by both the recorded
lienholder and purchasing lienholder.
3. A letter of signature authority from the purchasing lienholder on original letterhead
authorizing the purchasing lienholder agent to sign the Form VTR-34.
4. A business card of the purchasing lienholder agent, or a photocopy of the purchasing
lienholder agent’s employee ID.
Business Owner(s) of Record/Verified Agent of Business
Motor Vehicle Title Manual 24-9 TxDMV April 2015
5. A photocopy of the “Acceptable Form of Current Identification” of the verified agent
of the purchasing lienholder signing the Form VTR-34.
Power of Attorney Applicants
If the applicant is POA for the individual or verified agent of the business appointed POA,
the required documentation is:
1. A completed signed Form VTR-34 along with applicable fees.
2. The POA signed by the individual recorded lienholder or verified agent of the business
recorded lienholder and the purchasing lienholder (original or photocopy is
acceptable).
3. A photocopy of the “Acceptable Form of Current Identification” for the individual
signing the POA for the individual, business-recorded lienholder, or purchasing
lienholder.
4. If an individual has POA, a photocopy of the a“Acceptable Form of Current
Identification” of the individual signing the Form VTR-34.
5. If a business has POA, a letter of signature authority on letterhead, a business card, or
a photocopy of the employee’s ID, and a copy of the “Acceptable Form of Current
Identification” of the business agent signing the Form VTR-34.
6. Any additional documentation required for the specific scenario as applicable.
24.8 Business Owner(s) of Record/Verified Agent of
Business
If the applicant for a certified copy of title is a verified agent of a business owner of record
the required documentation is:
1. A completed and signed Form VTR-34, along with applicable fees.
2. A photocopy of the “Acceptable Form of Current Identification” of the verified agent
of the business owner of record signing the Form VTR-34.
3. A letter of signature authority from the business owner of record on letterhead
authorizing the agent to sign the Form VTR-34 on behalf of the business, a business
card of the agent, or a photocopy of the agent’s employee ID.
4. If the record indicates a lien, a release of lien on original letterhead from the recorded
lienholder.
Power of Attorney
If the applicant is POA for the business owner of record and the person signing the Form
VTR-34 is an individual or verified agent of the business appointed POA, the required
documentation is:
1. A completed and signed Form VTR-34 along with applicable fees.
2. The POA signed by the verified agent of the business owner of record.
Vehicles Titled in the Name of a Trust
Motor Vehicle Title Manual 24-10 TxDMV April 2015
3. A photocopy of the “Acceptable Form of Current Identification” for the verified agent
of the business owner of record signing the Form VTR-34.
4. If an individual has POA, a photocopy of the “Acceptable Form of Current
Identification” of the individual signing the Form VTR-34.
5. If a business has POA, a letter of signature authority on letterhead, a business card, or
a copy of the employee’s ID, and a photocopy of the “Acceptable Form of Current
Identification” of the business agent signing the Form VTR-34.
6. Any additional documentation required for the specific scenario, as applicable.
24.9 Vehicles Titled in the Name of a Trust
If a vehicle is titled in the name of a trust, only the person named as trustee in the Trust
Agreement may sign an Application for a Certified Copy of Title, Form VTR-34. In these
cases, the Form VTR-34 should be supported by one of the following:
• An Affidavit of Trust, or
• A Statement of Fact for a Trust.
Individual Trustees
If the applicant is an individual trustee for an individual trust (Example: Joe Smith,
Trustee, for John Noah Trust) or business trust (Example: Joe Smith, Trustee, for Workers
Lease). The required documentation is:
1. A completed and signed Form VTR-34, along with the applicable fees.
2. One of the following:
• An Affidavit of Trust, or
• A Statement of Fact for a Trust.
Business Trustees for Individual Trusts
If the person signing the Form VTR-34 is a business trustee for an individual trust
(Example: STL Savings, Trustee for John Noah Trust) or business trust (Example: STL
Savings, Trustee, for Workers Lease). The required documentation is:
1. A completed and signed Form VTR-34, along with applicable fees.
2. Either an Affidavit of Trust or a Statement of Fact for a Trust as referenced in
Individual Trustees.
3. A letter of signature authority from the business trustee for the individual or business
trust of owner of record on letterhead authorizing the agent to sign the Form VTR-34,
a business card of the agent, or a copy of the agent’s employee ID.
4. A photocopy of the “Acceptable Form of Current Identification” of the verified agent
of the business trustee for the individual or business trust owner of record signing the
Form VTR-34.
Retention of Documentation Returned
Motor Vehicle Title Manual 24-11 TxDMV April 2015
24.10 Retention of Documentation Returned
The department destroys certified copies of title issued by a TxDMV Regional Service
Center returned as undeliverable by the U.S. Post Office.
24.11 Certified Copy of Title Denial Alternatives
If issuance of certified copy is denied, the applicant may resubmit the request with the
required verifiable proof.
The applicant may pursue the appeal privileges available in Chapter 8, Section 8.3 Tax
Assessor-Collector Hearing.
As an alternative to an appeal at a tax collector’s hearing, an applicant may pursue the
bonding privileges available in Chapter 8, Section 8.4 Bonded Title.
24.12 Title Transfers Involving Fraudulent/Questionable
Certified Copies of Title
According to the Texas Department of Public Safety (DPS), there has been an increase in
the amount of titles that are transferred with certified copies of titles that were obtained by
fraudulent means without the owner’s consent.
VIN Inspections
These situations are normally discovered when the actual owner attempts to renew the
registration and the actual owner’s record has been superseded due to a later title transfer.
In these cases, an inspection of the vehicle identification number (VIN) is necessary.
The county tax assessor-collector’s office, TxDMV Regional Service Center, or a law
enforcement agency perform the VIN inspection.
1. If the inspection is performed at the county, the county completes a statement of fact
showing the VIN, year, make, owner, and date of inspection with a sentence indicating
that the VIN matches the VIN of the vehicle record. Upon completion of the VIN
inspection, instruct the customer that the Regional Service Center now orders a title
history for the vehicle and contacts them later regarding further action if required.
2. Vehicle inspection can also be performed by some law enforcement agencies. If
inspection is done by law enforcement, the agency representative performing the
inspection should sign the bottom portion of Form VTR-68-A. The customer submits
the Form VTR-68-A to the Regional Service Center. If a title history has not
previously been ordered on the vehicle in question, the Regional Service Center orders
a title history.
3. If a VIN inspection has not been performed at either the county or by a law
enforcement agency, the Regional Service Center conducts an inspection of the VIN.
Title Transfers Involving Fraudulent/Questionable Certified Copies of Title
Motor Vehicle Title Manual 24-12 TxDMV April 2015
4. If a customer visits a Regional Service Center about a vehicle that is no longer
registered or titled in their name or documentation is received from the county
documenting the lack of proper registration or title, the Regional Service Center
immediately orders a title history on the vehicle in question. Upon receipt of the title
history, the Regional Service Center determines if the vehicle was transferred to a new
owner using a certified copy of title as evidence of ownership supposedly signed by
the true owner of the vehicle.
Questionable Certified Copies of Title
The title history may reveal that a fraudulent or questionable certified copy of title was
surrendered to transfer the title for the current record in the system. The certified copy of
title is questionable because it was supposedly signed by the owner of the vehicle who is
the customer that has possession of the vehicle. If the VIN on the vehicle matches the VIN
on the title and on the VIN inspection form (affidavit or Form VTR-68-A), the Regional
Service Center notifies TCS to place a legal restraint on the vehicle record and notify the
prior owner. TCS will contact VDM to reinstate the true owner’s title record and record
the notation “VIN IN ERROR” on the later title record. The Regional Service Center
contacts the owner if the inspection was performed at the county or law enforcement
agency to instruct them that registration can be obtained when the record has been
reinstated. The Regional Service Center notifies the county of the results of the
investigation.
DPS SIS Investigation
The Regional Service Center also notifies DPS Special Investigations Section (SIS) about
this title problem/situation. Notifications can be sent to the following address:
Texas Department of Public Safety
Criminal Investigations Division
Special Investigations Section (SIS) – Major
P.O. Box 4087, Austin, Texas 78773.
Notification should include a printout of the vehicle in question, a copy of the title history
for the vehicle, a copy of the customer’s title reflecting their ownership, and a statement
that the inspection is due to the issuance of a possible fraudulent/questionable certified
copy of title used as evidence for a title transfer.
DPS SIS conducts an investigation regarding the fraudulent/questionable certified copy of
title used to complete the title transaction. The Regional Service Center retains the file
containing the paperwork on the questionable certified copy of title until contacted by
DPS SIS regarding the results of their investigation. If the Regional Service Center is
instructed to revoke the title issued due to the title transfer supported by the fraudulent
certified copy of title, the Regional Service Center mails the file to the Title Control
Systems (TCS) Section for revocation of title.
CCO Requests for Electronic Lien Records
Motor Vehicle Title Manual 24-13 TxDMV April 2015
Errors
If the title history reveals that the title was transferred due to a human error such as the
incorrect VIN or license plate number being accessed during the transfer, the customer
must then bring their vehicle and ownership documents (title, receipt for application of
title, and/or registration receipt) to the Regional Service Center for inspection if an
inspection has not been performed at the county or by a law enforcement agency.
If the VIN on the vehicle matches the VIN on the owner’s title, the Regional Service
Center notifies Austin Headquarters to reinstate the title record and place a “VIN IN
ERROR” on the subsequent title record. After the record is reinstated, the owner can
renew vehicle registration through their county tax assessor-collector’s office. If the
vehicle inspection was performed at the county or law enforcement agency, the Regional
Service Center notifies them that once the vehicle record is reinstated, vehicle registration
can be obtained at the county. The Regional Service Center also notifies the county
regarding the reinstatement of the title record.
Stolen Notices
Refer to Titles Marked Stolen under Chapter 21, Section 21.2 Record of Stolen or
Concealed Motor Vehicle.
24.13 CCO Requests for Electronic Lien Records
A Paper Release of Lien is Not Acceptable
A CCO should not be issued for a vehicle with an active ELT on record regardless if the
requestor is the owner of record or an authorized third party. E-lienholders are required, as
part of their Service Level Agreement with the department, to electronically release all
liens filed with the department. Customers need to contact their lending institution that
holds the electronic lien and request an electronic release. Once the ELT is released, a
paper title will automatically be generated and mailed to the owner address on file. If the
electronic release is due to a refinance, trade in, or insurance payout, the paper title will be
sent directly to the third party recipient (e.g. Lender, Dealer, Insurance Company, etc.).
Prior ELT Records Released to a Third Party
As of February 13, 2012, when an e-lienholder releases an ELT, a paper title is printed.
There are two ways to identify if a record showing PAPER TITLE was previously an
ELT:
1. The Document Number beings with ‘286’, and
2. The remark “E-TITLE PRINT DATE: [MM/DD/YYYY].”
An e-lienholder may release an e-title to print to the owner on record, or a third party. In
these circumstances, the record is identified in the manner described above; however, for a
third party release, page 2 of Form 500, Electronic Title Lien Release Evidence contains a
“c/o third party name” (care of).
CCO Requests for Electronic Lien Records
Motor Vehicle Title Manual 24-14 TxDMV April 2015
When processing a CCO application for a record that displays a “C/O” on page 2 of Form
500, Electronic Title Lien Release Evidence from an individual who is not the third party
or a representative of the third party, the CCO should not be immediately issued. Austin
Headquarters must be contacted for further research.
When processing a CCO application for a record that displays a “C/O” on page 2 of Form
500, Electronic Title Lien Release Evidence for an individual who is the third party or a
representative of the third party, the CCO can be issued 14 calendar days after the E-Title
Print Date.
Motor Vehicle Title Manual 25-1 TxDMV April 2015
Chapter 25
MOTOR VEHICLE DEALERS
This chapter contains the following sections:
• 25.1 Definitions and General Information
• 25.2 Duty of Vehicle Dealer on Sale of Certain Vehicles
• 25.3 Requirement for Motor Vehicle Dealers
• 25.4 Dealer’s Reassignment of Title for a Motor Vehicle (Form VTR-41-A)
• 25.5 Export Only Requirements and Procedures
• 25.6 Processing Title Transactions Involving Dealer Bankruptcy
25.1 Definitions and General Information
Transportation Code Section 501.002 (3)
“Dealer” means a person who regularly and actively buys, sells, or exchanges vehicles at
an established and permanent location. The term includes a franchised motor vehicle
dealer, and independent motor vehicle dealer, an independent mobility motor vehicle
dealer, and a wholesale motor vehicle dealer.
Definitions
A dealer means any person, firm, or corporation regularly and actively engaged in the
business of buying, selling, or exchanging motor vehicles at an established and permanent
place of business and to whom a Texas Dealer License has been issued.
The term “dealer” includes:
• Franchised motor vehicle dealer.
• Independent motor vehicle dealer.
• Independent mobility motor vehicle dealer.
• Wholesale motor vehicle dealer.
• Motorcycle dealer.
• House trailer dealer.
• Trailer or semitrailer dealer.
A franchised motor vehicle dealer is a dealer doing business under a franchise in effect
with a motor vehicle manufacturer or distributor.
An independent (or non-franchised) motor vehicle dealer is a dealer other than a
franchised or wholesale motor vehicle dealer.
An independent mobility motor vehicle dealer is a non-franchised dealer who:
• holds a general distinguishing number and a converter’s license
• is engaged in the business of buying, selling, or exchanging mobility motor vehicles
and servicing or repairing
• is certified by the manufacturer of each mobility device that the dealer installs, if the
manufacturer offers that certification.
Definitions and General Information
Motor Vehicle Title Manual 25-2 TxDMV April 2015
An independent mobility motor vehicle dealer may not sell or offer to sell a new motor
vehicle other than a new mobility motor vehicle, as defined in Occupations Code
§2301.002(20-a). An independent mobility motor vehicle dealer may sell or arrange for
the sale and delivery of a new mobility motor vehicle to a purchaser at the independent
mobility motor vehicle dealer’s place of business if the transaction occurs through or by a
franchised dealer of the motor vehicle’s chassis line make.
A wholesale motor vehicle dealer is a dealer who sells motor vehicles only to a person
who is:
• The holder of a dealer’s general distinguishing number (P#) or
• A foreign dealer authorized by a law of this state or interstate reciprocity agreement to
purchase a vehicle in this state without remitting the motor vehicle sales tax.
Licensing
Dealers are licensed through the Motor Vehicle Division of TxDMV. A person, firm, or
corporation may not engage in business as a dealer without a general distinguishing
number (GDN) in one of the seven categories. (Sample GDN: P5870)
A GDN is required if a person sells five or more motor vehicles during the calendar year.
Motor vehicle and motorcycle dealers are permitted to sell any type of vehicle for which
the dealer is licensed. These dealers are required to be bonded or licensed with the Motor
Vehicle Division (MVD).
Travel trailer and trailer/semitrailer dealers are licensed but not bonded through MVD.
These dealers are permitted to sell all types of trailers but not motor vehicles or
motorcycles. Travel trailer and trailer/semitrailer dealers are identified by an “X” suffix in
the dealer’s GDN number.
A Texas dealer cannot legally transfer an unregistered new or used vehicle in this state
without a valid GDN issued by the Motor Vehicle Division.
Only franchised dealers may transfer a new vehicle on a Manufacturer’s Certificate of
Origin (MCO).
Non-franchised dealers are not licensed to sell new vehicles and may not title a new
vehicle for “resale purposes only.” If they buy a new vehicle from a franchised dealer, the
franchised dealer must title and register the vehicle for the non-franchised dealer as this is
a retail transaction and a non-franchised dealer may not buy new vehicles from franchised
dealers on a wholesale basis.
Licensing Inquiries
Any questions relating to the licensing requirements for motor vehicle dealers should be
referred to the Motor Vehicle Division (MVD), Licensing Section. Inquiries regarding
enforcement/violations for licensed motor vehicle dealers should be referred to the
Enforcement Division.
Definitions and General Information
Motor Vehicle Title Manual 25-3 TxDMV April 2015
Vehicle Sales
Upon the sale of a motor vehicle, a licensed Texas dealer is required to complete and file
all documents necessary to transfer title to the motor vehicle and/or register the motor
vehicle in the name of the purchaser. Additionally, the dealer must collect and remit any
applicable sales tax and title and registration fees to the county tax assessor-collector’s
office where the vehicle was bought, is encumbered, or the purchaser (owner) resides, as
directed by the purchaser on the County of Title Issuance, Form VTR-136. Exceptions to
the dealer filing requirement are:
• salvage and nonrepairable vehicles;
• sales to out of state residents;
• sales to out of state or foreign dealers;
• vehicles sold to exempt agencies;
• trucks over 11,000 lbs. gross weight;
• trailers weighing 4,000 lbs or less; and
• farm trailers and semi trailers between 4,000 lbs and 34,000 lbs.
In the case of used Texas titled vehicles, a dealer may not secure registration in the
dealer’s name without filing an application for Texas title.
Note: Dealers are responsible for filing all paperwork for trailers/semitrailers in
excess of 34,000 lbs GVW even if the trailer/semitrailer are for farm use.
Title Assignment
A Texas dealer license number is required on all assignments and reassignments of
Manufacturer’s Certificates of Origin (MCOs) except on assignments executed out of state
and under conditions set forth in Chapter 503.024(c). The selling dealer’s name shown on
the assignment must agree with the dealer’s name as it appears on the dealer license.
A Texas dealer license number shown next to the name of an individual constitutes a
firm’s name, and no authority is required for an agent to sign for such individual. The
dealer’s name on each reassignment must agree with the name on his dealer license. If the
dealer’s name on an assignment does not agree with his dealer license, he may correct the
name when he executes the reassignment of title by showing the incorrect name followed
by the letters DBA (doing business as) and the correct dealership name. For example, if
the title is assigned to “Joe Doaks” and the correct dealership name is “J D Auto Sales”,
the name of the seller on the reassignment of title should show “Joe Doaks DBA J D Auto
Sales”. In addition, an affidavit is required from the dealership certifying that the person
named on the assignment is a valid agent/employee of the dealership.
The name of seller on the first assignment on the back of a MCO must be the same as the
purchaser’s name on the face of the certificate.
The assignment must show:
• Business (company) name and signature of agent or owner.
• Date of sale.
Duty of Vehicle Dealer on Sale of Certain Vehicles
Motor Vehicle Title Manual 25-4 TxDMV April 2015
Non-franchised (NF) Dealers
Non-franchised (NF) dealers are licensed to sell only used vehicles.
They may not reassign a Manufacturer’s Certificate of Origin (MCO). The franchised
dealer must title and register the vehicle for the NF dealer as this is a retail transaction and
a NF dealer may not buy new vehicles from franchised dealers on a wholesale basis. A NF
dealer may not title a new vehicle for “resale purposes only.”
They are not required to title or register a used vehicle in the dealership’s name before
assigning the vehicle to a subsequent purchaser; however, if the dealer wants to register
any vehicle, the dealer must file an application for Texas title.
They may transfer only used vehicles to another dealer. The transaction may extend
through a series of dealers by the use of the Dealer’s Reassignment of Title for a Motor
Vehicle, Form VTR-41-A after all available assignment spaces on the certificate of title
have been used. This does not apply to out of state titled vehicles. Texas dealers may
choose to use a VTR-41-A instead of an out of state title assignment.
Franchised Dealers
Franchised Dealers may reassign a Manufacturer’s Certificate of Origin (MCO) only if
licensed to sell that “make” of vehicle.
They may not assign an MCO to another Texas dealer unless that dealer is licensed to sell
that make of vehicle. If the purchasing dealer is a franchised dealer of another “make” of
vehicle or a non-franchised dealer, the selling franchised dealer must file all documents
necessary to apply for title and registration in the name of the purchasing dealer.
Additional assignments on a MCO may be used only by franchised dealers to transfer
ownership of a new vehicle.
After all available assignment spaces on the Manufacturer’s Certificate of Origin have
been used, a Dealer’s Reassignment of Title for a Motor Vehicle, Form VTR-41-A, may
be used by the franchised dealer.
All assignments of MCO executed by Texas dealers must include an odometer statement
showing the mileage appearing on the vehicle’s odometer at the time of transfer. MCOs
not including a Federal odometer statement must have a separate odometer statement
completed. (Refer to Chapter 15, “Odometers”.)
25.2 Duty of Vehicle Dealer on Sale of Certain Vehicles
Transportation Code Section 501.0234
(a) A person who sells at the first or a subsequent sale a motor vehicle and who
holds a general distinguishing number issued under Chapter 503 of this code or
Chapter 2301, Occupations Code, shall:
(1) except as provided by this section, in the time and manner provided by law,
apply, in the name of the purchaser of the vehicle, for the registration of the
vehicle, if the vehicle is to be registered, and a title for the vehicle and file
with the appropriate designated agent each document necessary to transfer
title to or register the vehicle; and at the same time
Duty of Vehicle Dealer on Sale of Certain Vehicles
Motor Vehicle Title Manual 25-5 TxDMV April 2015
(2) remit any required motor vehicle sales tax.
(b) This section does not apply to a motor vehicle:
(1) that has been declared a total loss by an insurance company in the settlement
or adjustment of a claim;
(2) for which the title has been surrendered in exchange for:
(A) a salvage vehicle title or salvage record of title issued under this chapter;
(B) a nonrepairable vehicle title or nonrepairable vehicle record of title
issued under this chapter or Subchapter D, Chapter 683; or
(C) an ownership document issued by another state that is comparable to a
document described by Paragraph (A) or (B):
(3) with a gross weight in excess of 11,000 pounds; or
(4) purchased by a commercial fleet buyer who:
(A) is a deputy authorized by rules adopted under Section 520.0071;
(B) utilized the dealer title application process developed to provide a
method to submit title transactions to the county in which the commercial
fleet buyer is a deputy; and
(C) has authority to accept an application for registration and application for
title transfer that the county assessor-collector may accept.
(c) Each duty imposed by this section on the seller of a motor vehicle is solely that of
the seller.
(d) A seller who applies for the registration or a title for a motor vehicle under
Subsection (a) (1) shall apply in the county as directed by the purchaser from the
counties set forth in Section 501.023.
(e) The department shall develop a form or electronic process in which the purchaser
of a motor vehicle shall designate the purchaser’s choice as set out in Section
501.023 as the recipient of all taxes, fees, and other revenue collected as a result
of the transaction, which the tax assessor-collector is authorized by law to retain.
A seller shall make that form or electronic process available to the purchaser of a
vehicle at the time of purchase.
(f) A seller has a reasonable time to comply with the terms of Subsection (a) (1) and is
not in violation of that provision during the time the seller is making a good faith
effort to comply. Notwithstanding compliance with this chapter, equitable title to a
vehicle passes to the purchaser of the vehicle at the time the vehicle is the subject
of a sale that is enforceable by either party.
As of January 1, 1996, a vehicle with a Salvage Certificate or Nonrepairable Vehicle
Certificate Title issued pursuant to the Certificate of Title Act, a Certificate of Authority to
Dispose of a Motor Vehicle to a Demolisher for Demolition, Wrecking or Dismantling
Only, Form VTR 71-3 (issued prior to October 1, 2007), or a vehicle that has been
declared a total loss by an insurance company, is no longer considered a “motor vehicle”
for tax purposes. This also includes a vehicle that has a similar ownership document
issued from another state. Purchases of these vehicles are subject to state and local sales
Requirement for Motor Vehicle Dealers
Motor Vehicle Title Manual 25-6 TxDMV April 2015
and use taxes. Sellers must secure a limited sales tax permit and comply with the Limited
Sales, Excise and Use Tax Act. Once a previously damaged vehicle has been rebuilt and is
eligible to receive a regular motor vehicle title, all subsequent sales are again subject to
motor vehicle sales tax.
25.3 Requirement for Motor Vehicle Dealers
Upon the sale of a motor vehicle by a licensed Texas motor vehicle dealer, the selling
dealer is required to complete and file all documents necessary to transfer title to the
motor vehicle and/or register the motor vehicle in the name of the purchaser. Additionally,
the dealer must collect and remit any applicable sales tax to the county tax
assessor-collector’s office where the vehicle was bought, where the vehicle is
encumbered, or where the owner (purchaser) resides as directed by the purchaser on a
Form VTR-136, County of Title Issuance.
Motor Vehicle Definition
Transportation Code Section 501.002 (17)
“Motor vehicle” means:
(A) Any motor driven or propelled vehicle required to be registered under the
laws of this state;
(B) A trailer or semitrailer, other than manufactured housing, that has a
gross vehicle weight that exceeds 4,000 lbs;
(C) A travel trailer;
(D) An all-terrain vehicle or a recreational off-highway vehicle, as those
terms are, as defined by Section 502.001, designed by the manufacturer
for off-highway use that is not required to be registered under the laws of
this state; or
(E) A motorcycle, motor-driven cycle, or moped that is not required to be
registered under the laws of this state.
Exceptions to Motor Vehicle Definition include:
• salvage and nonrepairable vehicles;
• sales to out of state residents;
• sales to out of state or foreign dealers;
• vehicles sold to exempt agencies;
• trucks over 11,000 lbs. gross weight; and
• trailers or semitrailers with a gross vehicle weight of 4,000 lbs or under.
Sales Tax
Any questions relating to the applicability, collection or remittance of any applicable sales
tax should be referred to the Texas Comptroller of Public Accounts.
Dealer’s Reassignment of Title for a Motor Vehicle (Form VTR-41-A)
Motor Vehicle Title Manual 25-7 TxDMV April 2015
A dealer may be required by its lending institution to obtain a Texas Certificate of Title in
order to record a lien on a vehicle purchased for resale. In this situation, the dealer may
title the vehicle without paying tax. However, the vehicle must be held exclusively for
resale and not for business or personal use. If a dealer drives the vehicle for personal use,
they must either put metal dealer plates on the vehicle or title and register it in their name.
A dealer who elects to title a vehicle for reasons other than to record a lien on a vehicle
purchased for resale is liable for tax based on the purchase price. A dealer is not eligible to
pay gift tax on a vehicle that a dealer purchases or accepts as a trade-in.
Proof of Insurance
Effective May 28, 1999, licensed Texas motor vehicle dealers are no longer required to
provide proof of financial responsibility when a dealer is applying for title and registration
in the name of the purchaser.
County of Title Issuance
Effective September 1, 2005, a licensed Texas dealer must provide a purchaser of a motor
vehicle with the County of Title Issuance, Form VTR-136, at the time of purchase. (Refer
to Transportation Code Section 501.023)
The Form VTR-136 allows the purchaser to designate where the dealer files the
documents necessary to transfer title and/or register the motor vehicle. The purchaser may
select the county:
• Where the vehicle was purchased,
• Where the vehicle is encumbered, or
• Where the purchaser resides.
The original form, executed by the purchaser must be retained in the motor vehicle
dealer’s records. Some Tax Assessor-Collector’s offices may require a photocopy of this
form to be submitted with the Title Application package.
Identification Requirements
Reference Chapter 6, Section 6.3 Personal Identification Information for Obtaining Title.
An applicant for title or initial registration must present an acceptable form of ID to the
dealer. A dealer or their employee must visually check the ID to verify owner information.
Licensed Texas dealers are not required to submit a copy of the ID to the county tax
assessor-collector’s office, but are required to retain a copy of the ID in their purchase and
sales records. Dealers not licensed in Texas are required to present a copy of the
applicant’s ID to the county tax assessor-collector’s office.
25.4 Dealer’s Reassignment of Title for a Motor Vehicle
(Form VTR-41-A)
An owner (not a Texas licensed dealer) whose name appears as the purchaser on the first
assignment, on “reassignment by dealer,” or on a Dealer’s Reassignment of Title for a
Motor Vehicle, Form VTR-41-A, must secure title before proceeding to transfer
ownership of the motor vehicle.
Dealer’s Reassignment of Title for a Motor Vehicle (Form VTR-41-A)
Motor Vehicle Title Manual 25-8 TxDMV April 2015
The Dealer’s Reassignment of Title for a Motor Vehicle (Form VTR-41-A) has been
designed exclusively for use by licensed dealers. All reassignments must be in consecutive
order, regardless of whether they are executed on the back of the title or on a separate
Form VTR-41-A.
Note: Form VTR-41 may only be used with Texas titles issued prior to April 29,
1990, or titles that do not conform to the federal Truth in Mileage Act
requirements (non-conforming).
All available assignment spaces on a Texas Certificate of Title or Manufacturer’s
Certificate of Origin (MCO) must be completed before a Form VTR-41-A may be used.
If a Form VTR-41-A is used to transfer a Texas Certificate of Title or a Manufacturer’s
Certificate of Origin that does not have all assignments completed, the title transaction is
unacceptable for title issuance. This does not apply to transactions involving out of state
titles.
If a Texas Certificate of Title is issued in the name of a licensed dealer, the dealer must use
the assignment on the back of the title to transfer ownership. The first retail purchaser
must secure title in the purchaser’s name.
No dealer may use a Form VTR-41-A unless he has a current Texas dealer license. The
dealer number must be shown in its proper place on the form.
Only a licensed franchised dealer may reassign a MCO.
All reassignments on the title and the reassignments on the Form VTR-41-A shall be
executed in ink or typed.
A statement of fact must be secured for any alteration or erasure on the Form VTR-41-A.
(Refer to Chapter 7, “Corrections”)
The Form VTR-41-A must be used on titles for all vehicles that are not exempt from the
odometer disclosure requirements.
Note: Other requirements applicable to assignments of title are as follows:
• On repossessions from a recorded lien, the lienholder must use the first assignment on
the certificate of title. A lienholder that is a dealer cannot, in this case, use a Dealer’s
Reassignment of Title for a Motor Vehicle, Form VTR-41-A.
• On repossessions from a security agreement (lien not recorded on title), the lienholder
(dealers included), in all cases, must file application and receive title in the
lienholder’s name before proceeding to transfer. (Refer to Transportation Code
Section 501.074.)
• The purchaser, as shown on a Sheriff’s, Constable’s, or U. S. Marshal’s Bill of Sale,
Mechanic’s or Storage Lien Bill of Sale, or Auction Sales Receipt for an abandoned
vehicle, must secure title in their name. However, if the purchaser is a dealer, the
purchaser may use the Form VTR-41-A or assign the title.
Export Only Requirements and Procedures
Motor Vehicle Title Manual 25-9 TxDMV April 2015
Vehicles Sold for Export Only
Effective April 1, 2002, the department’s rules require Texas licensed dealers to stamp
“FOR EXPORT ONLY” on the front of the title and on all unused reassignments on the
back of titles for vehicles sold to foreign dealers or foreign residents for export out of the
country.
If all reassignment spaces on the title document have been used and a Dealer’s
Reassignment of Title for a Motor Vehicle, Form VTR-41-A, is used, dealers stamp the
front and back of the title document and all unused assignments on the Form VTR-41-A.
Title transactions supported by title documents indicating sales that occurred on and after
April 1, 2002, between Texas licensed dealers and either foreign dealers or foreign
residents must be stamped “FOR EXPORT ONLY.”
If title transactions are not stamped “FOR EXPORT ONLY,” the county tax
assessor-collector’s offices should process the transactions, provided the surrendered
documentation includes foreign evidence of ownership that has been properly assigned to
the title applicant. Otherwise, the transaction should be rejected for proper evidence of
ownership, or the applicant may pursue either a tax collector’s hearing or bonded title.
Copies of the front and back of the title and associated transfer documents that are either
stamped or not stamped “FOR EXPORT ONLY” should be forwarded to the Title Control
Systems Branch (TCS) for further disposition. These copies should be placed in an
envelope labeled “For Export Only” and submitted with the Title Package Report. TCS
then forwards that envelope to the Enforcement Division.
In the event a title is stamped in error with the “FOR EXPORT ONLY” stamp, the dealer
must apply for title in the dealership name. The dealer must include a statement of fact
explaining why the sale of the vehicle to the foreign dealer or foreign resident, as indicated
on the title reassignment, was canceled.
Note: Different export only procedures apply for salvage/nonrepairable vehicles
sold for export only. Refer to the TxDMV Salvage/Nonrepairable Motor
Vehicle Manual for additional dealer requirements.
25.5 Export Only Requirements and Procedures
Table 25-1 Export Only Requirements and Procedures
Regular (not Salvage) Motor Vehicles
Administering Division Enforcement Division
Authority Texas Administrative Rule: §43 TAC §215.147
Applies To Licensed Texas Motor Vehicle Dealers selling “blue titled” motor vehicles to buyers that
hold a foreign motor vehicle dealer license or foreign residents.
Requirement of Sellers Licensed motor vehicle dealer must:
• Stamp title with “FOR EXPORT ONLY” and dealer number (P#) and Verify the validity
of the buyer’s foreign motor vehicle dealer license, if applicable.
Restrictions Foreign buyer must:
• Remove the motor vehicle from the United States, and title or register the motor
vehicle in a foreign jurisdiction prior to importing it back to the U.S. (See Chapter 19,
“Imported Vehicles” on Imported Vehicles.)
After the above requirements are met, the motor vehicle may be:
• Retitled and Reregistered in Texas.
Sales Reported To VTR No
Processing Title Transactions Involving Dealer Bankruptcy
Motor Vehicle Title Manual 25-10 TxDMV April 2015
25.6 Processing Title Transactions Involving Dealer
Bankruptcy
When it is determined that a dealer has filed for bankruptcy or withheld taxes and/or title
and registration fees, whoever discovers the dealer problem should notify the following
offices as soon as possible:
• The local TxDMV Regional Service Center
• The Motor Vehicle Division at 1-800-687-7846
• The State Comptroller’s Office at 1-800-252-1382.
When dealer problems such as these occur, the evidence of ownership for the motor
vehicle may or may not be available. The following guidelines should be followed
regarding the evidence of ownership:
Evidence of Ownership Not Available
If the customer does not have or cannot obtain the title to the vehicle purchased, the
customer may proceed by:
• Obtaining a tax collector’s hearing,
• Applying for a bonded title, or
• Seeking a court order to issue title.
Note: Prior to one of these three proceedings, the department cannot issue a new
title to any customer who cannot present a properly assigned title to the
vehicle at issue.
“Export Only” On Motor
Vehicle Records
No
Stamped in Error Procedures The motor vehicle dealer who stamped the title in error must apply for a title in the
dealer’s name.
Along with the application filed with the county tax assessor-collector’s office, the dealer
must include:
• The incorrectly stamped title document;
• A statement of fact explaining why the assignment to the foreign dealer or foreign
purchaser was cancelled;
• A copy of the seller’s current dealer license; and
• The appropriate $28/$33 application fee.
Lost Title “for Export Only” A Certified Copy of the title may be issued.
Innocent Purchaser
Procedures
The county tax assessor-collector’s office should reject the transaction if:
• The assignment/reassignment on the Texas title indicates a sale between a licensed
Texas Motor Vehicle Dealer and a foreign dealer or foreign resident; and
• The title is or is not stamped “FOR EXPORT ONLY.”
Note: The counties have been asked to submit a photocopy of the front and back
of these transfer documents (stamped or unstamped) to VTR, who in turn forwards
the copies to Enforcement for investigation).
The buyer must provide proper foreign evidence of ownership (i.e. a foreign title or
registration document); or may pursue:
• A Tax Collector’s Hearing;
• A Bonded title; or may
• Obtain a valid court order.
Regular (not Salvage) Motor Vehicles
Processing Title Transactions Involving Dealer Bankruptcy
Motor Vehicle Title Manual 25-11 TxDMV April 2015
Payment of Fees
If the customer can provide adequate proof of payment of fees by presenting a sales
contract with itemized title, registration and sales tax fees, title and registration may be
issued without repayment of fees based upon an approval letter by a copy of the sales
contract itemizing tax, title, and license.
• The State Comptroller’s Office authorizes the county tax assessor-collector’s office to
waive repayment of the motor vehicle sales tax, if the customer’s sales contract
indicates that these payments were made to the dealer.
• The county tax assessor-collector’s office does not retain their portion of the fees until
fees are collected.
• Customers with expired dealer Buyer Tags may purchase 30-day permits in order to
continue operating the vehicles prior to filing for title and registration.
Waiver of Fees
Transportation Code Section 520.003
(a) The department may adopt rules to administer this chapter, including rules
that:
(1) waive the payment of fees if a dealer has gone out of business and the
applicant can show that fees were paid to the dealer; and
(2) allow full and partial refunds for rejected titling and registration
transactions.
(b) The department may collect from a person making a transaction with the
department using the state electronic Internet portal project a fee set under
Section 2054.2591, government code. All fees collected under this subsection shall
be allocated to the department to provide for the department’s cost associated with
administering Section 2054.2591, Government Code.
Bankruptcy or Closure and Withheld Fees
When it is determined that a dealer has filed bankruptcy or withheld fees, counties should
follow these procedures to process the transaction without collecting fees:
Texas Title – Expired Registration
1. Modify the record to reflect the correct expiration month and year.
2. Process the title through the Title Application Event in RTS removing all fees and
exempting the sales tax.
Texas Title – Current Registration
Process the title transfer normally through the Title Application Event in RTS removing
all fees and exempting the sales tax.
No Record
1. Process the title transfer using the current Title-Only procedures.
2. Provide the customer a Temporary Tag (VTR-24-SP) and issued license plates.
Processing Title Transactions Involving Dealer Bankruptcy
Motor Vehicle Title Manual 25-12 TxDMV April 2015
3. Complete Form VTR-31-RTS with the following notation placed at the top of the
form, “NOTE: DEALER BANKRUPTCY/DEALER CLOSED.”
4. Indicate the correct month/year of expiration and plate number issued on the Form
VTR-31-RTS.
5. Fax the Form VTR-31-RTS, along with the Title Only Receipt (RTS 500) to the
department at fax number (512) 465-7736. The department then updates the plate
number and expiration month and year.
6. Once the system updates, issue a no-charge replacement sticker and mail to customer.
Motor Vehicle Title Manual 26-1 TxDMV April 2015
Chapter 26
MISCELLANEOUS
This chapter contains the following sections:
• 26.1 Definitions
• 26.2 Application of Subchapter
• 26.3 Register of Repairs
• 26.4 Register of Used Motor Vehicle Sales and Purchases
• 26.5 Replacement of Cylinder Block
• 26.6 Maintenance of Records
• 26.7 Criminal Penalty
• 26.8 Export-Only Salvage Comparison Chart
26.1 Definitions
Occupations Code Section 2305.001
In this subchapter:
(1) “Person” means an individual, corporation, or firm.
(2) “Repair” includes the rebuilding of a motor vehicle, the installation of a new
or used part or accessory on a motor vehicle, and the performance of
electrical work in connection with the repair of a motor vehicle. The term
does not include a repair covered by Chapter 2304.
(3) “Used motor vehicle” includes a secondhand motor vehicle.
(4) “Motor vehicle” has the meaning assigned by Section 501.002,
Transportation Code.
(5) “Board” means the board of the Texas Department of Motor Vehicles.
(6) “Department” means the Texas Department of Motor Vehicles.
26.2 Application of Subchapter
Occupations Code Section 2305.002
This subchapter applies to any person who:
(1) operates a shop or garage that is engaged in the business of repairing motor
vehicles; or
(2) engages in the business of purchasing or selling used motor vehicles in this
state.
26.3 Register of Repairs
Occupations Code Section 2305.003
Register of Used Motor Vehicle Sales and Purchases
Motor Vehicle Title Manual 26-2 TxDMV April 2015
(a) A person subject to this subchapter shall maintain a register of each repair the
person makes to a motor vehicle. The register must contain a substantially
complete and accurate description of each motor vehicle that is repaired.
(b) This section does not apply to a repair having a value of $1 or less.
26.4 Register of Used Motor Vehicle Sales and Purchases
Occupations Code Section 2305.004
(a) A person subject to this subchapter shall maintain a register of each sale or
purchase the person makes of a used motor vehicle.
(b) If the person buys a used motor vehicle, the register must contain:
(1) the make and model, the number of cylinders, the motor number, the vehicle
identification number, and the passenger capacity of the motor vehicle, if
applicable;
(2) the name, date of birth, usual place of address, and official identification
number of each person claiming to be the owner of the motor vehicle; and
(3) the state registration number of the motor vehicle, if applicable.
(c) If the person sells a used motor vehicle, in addition to the requirements of
Subsection (b), the register must contain the name and address of the purchaser of
the motor vehicle.
26.5 Replacement of Cylinder Block
Occupations Code Section 2305.051
The owner of a motor vehicle registered under Chapter 502, Transportation Code, that
has a damaged cylinder block replaced shall have the original engine number of the
motor vehicle stamped with a steel die on the replacement cylinder block.
Record of Replaced Cylinder Block
Occupations Code Section 2305.005
The owner of the garage or repair shop that installs a replacement cylinder block and
stamps the original engine number on the block as required by Section 2305.051 shall
record in a substantially bound book:
(1) the name and address of the vehicle’s owner; and
(2) the engine number and registration number of the vehicle.
26.6 Maintenance of Records
Occupations Code Section 2305.006
(a) All records required to be maintained under this subchapter shall be kept until
at least the first anniversary of the date the record is made
Criminal Penalty
Motor Vehicle Title Manual 26-3 TxDMV April 2015
(b) The registers required by Sections 2305.003 and 2305.004 shall be maintained in
a clear and intelligent manner in a well-bound book or an electronic
recordkeeping system and kept in a secure place in the office or place of business
where the work is performed or the business is conducted.
26.7 Criminal Penalty
Occupations Code Section 2305.101
(a) A person commits an offense if the person violates this chapter or a rule
adopted under this chapter.
(b) Except as provided by Subsection (c), an offense under this section is punishable
by a fine of not less than $10 and not more than $100.
(c) An offense under this chapter that consists of the violation of Section 2305.007 is a
Class A misdemeanor.
26.8 Export-Only Salvage Comparison Chart
Table 26-1 Export-only Motor Vehicle Sales: Comparison
Salvage/Nonrepairable Motor Vehicles (damaged) Regular Motor Vehicles (undamaged)
Administering
Division
VTR ENF
Applies to Salvage Vehicle Dealers or governmental entities selling
salvage or nonrepairable motor vehicles to a non-U.S.
resident.
Licensed Texas Motor Vehicle Dealers selling “blue titled”
motor vehicles to buyers that hold a foreign motor vehicle
dealer license.
Requirement
of Sellers
Seller (salvage vehicle dealer or governmental entity) must:
• obtain Salvage or Nonrepairable Vehicle Title prior to
sale;
• obtain buyer’s certification (Form VTR-902);
• obtain legible copy of buyer’s foreign ID;
• maintain copies of the front and back of the stamped and
assigned title; and
• report the sale within 30 days to department.
Licensed motor vehicle dealer must:
• stamp title with For Export Only and dealer # (P#) and
• verify the validity of the buyer’s foreign motor vehicle
dealer license;
• If the buyer is a Mexican Motor Vehicle Dealer, the seller
must, in addition to the above:
• obtain a legible copy of Mexican buyer’s dealer license
and the buyer’s ID;
• maintain copies of the front and back of the stamped and
assigned title for 3 years; and
• complete a Motor Vehicle Sales Tax Exemption form and
retain in sales file.
Restrictions Foreign buyer must remove the salvage or nonrepairable
motor vehicle from the United States.
The salvage or nonrepairable motor vehicle may never be:
retitled in the U.S.;
re-registered in the U.S.; or
operated on Texas public roads.
Note: Court Order would be required to issue a Texas title.
Foreign buyer must:
remove the motor vehicle from the United States, and
title or register the motor vehicle in a foreign jurisdiction prior
to importing it back to the U.S.
The motor vehicle may be:
retitled in Texas and re-registered in Texas.
Reporting of
Sales
Required
Yes No
Motor Vehicle
Records
Marked
Yes No
Export-Only Salvage Comparison Chart
Motor Vehicle Title Manual 26-4 TxDMV April 2015
Stamped in
Error
Procedures
The seller who stamped the title in error must apply for the
appropriate salvage or nonrepairable document in their
name.
If the salvage document is issued in the seller’s name, a
certified copy of the Salvage or Nonrepairable Vehicle Title
may be requested by submitting:
• a Form VTR-34-S, Application for a Certified Copy of a
Texas Nonrepairable or Salvage Vehicle Title;
• the appropriate verifiable proof documentation;
• the incorrectly stamped Nonrepairable or Salvage Vehicle
Title;
• a statement of fact from the salvage vehicle dealer or
governmental entity explaining why the assignment to the
foreign purchaser was cancelled;
• a copy of the current Certificate of Salvage Vehicle Dealer
or Salvage Vehicle Agent License issued by the VTR
Special Plates Branch, if applicable; and
• a $2 application fee.
Note:If the incorrectly stamped ownership document is not
available, a valid court order will be required in order to issue
a certified copy of the Salvage or Nonrepairable Vehicle Title.
If the seller was the seller in one of the salvage ownership
document reassignments, the salvage vehicle dealer would
need to apply for an original salvage ownership document by
submitting:
• a properly completed Form VTR-441, Application for
Salvage or Nonrepairable Vehicle Title;
• the incorrectly stamped Nonrepairable or Salvage Vehicle
Title;
• a statement of fact explaining why the assignment to the
foreign purchaser was cancelled;
• a copy of the current Certificate of Salvage Vehicle Dealer
or Salvage Vehicle Agent License issued by the VTR
Special Plates Branch, if applicable; and
• the $8 application fee.
• Note:If the incorrectly stamped ownership document is
not available, a valid court order will be required in order
to issue the Salvage or Nonrepairable Vehicle Title.
The selling motor vehicle dealer who stamped the title in error
must apply for a title in the dealer’s name.
If the incorrectly stamped title is issued in the seller’s name, a
certified copy of the title may be requested by submitting:
• a properly executed Form VTR-34, Application for a
Certified Copy of a Texas Certificate of Title;
• the appropriate verifiable proof documentation;
• the incorrectly stamped title document;
• a statement of fact explaining why the assignment to the
foreign purchaser was cancelled;
• a copy of the seller’s current dealer license; and
• a $2 (mail) or $5.45 (walk-in) application fee.
If the motor vehicle dealer was the seller in one of the title
document reassignments, the dealer would need to apply for
an original certificate of title through a county tax
assessor-collector’s office by submitting:
• a properly completed Application for Texas Title, Form
130-U;
• the incorrectly stamped title document;
• a statement of fact explaining why the assignment to the
foreign purchaser was cancelled;
• a copy of the seller’s current dealer license; and
• the appropriate $28/$33 application fee.
Certified Copy
Issuance:
Export Only
Stamped Title
is Lost
If a Nonrepairable or Salvage Vehicle Title that was stamped
“For Export Only” is lost, and the motor vehicle record
indicates the “EXPORT ONLY” remark:
• a certified copy of a Nonrepairable or Salvage Vehicle
Title may not be issued; and
• a valid court order will be required to remove the
“EXPORT ONLY” remark to allow further issuance of
Texas Rebuilt Salvage title documents.
• A certified copy may only be issued when title was
stamped in error (see above).
A Certified Copy of the title may be issued.
Salvage/Nonrepairable Motor Vehicles (damaged) Regular Motor Vehicles (undamaged)
Export-Only Salvage Comparison Chart
Motor Vehicle Title Manual 26-5 TxDMV April 2015
Innocent
Purchaser
Procedures
• A valid court order will be required prior to issuance of a
certificate of title to an innocent purchaser (United States
resident) who purchases a nonrepairable or salvage
motor vehicle that has been sold for export only (title is
stamped or record is noted).
• Examples of this situation include when an application for
a Texas Certificate of Title is supported by a:
1. Nonrepairable or Salvage Vehicle Title, stamped “For
Export Only;”
2. Foreign ownership document issued for the motor vehicle
and the motor vehicle record indicates a “EXPORT
ONLY” remark; or
3. The Texas motor vehicle record indicates a “EXPORT
ONLY” remark.
• Tax collector hearings or bonded titles are not available
options in these instances.
• Upon receipt of an appropriate court order, the
export-only notation would be removed to allow
processing of a Rebuilt Salvage Certificate of Title.
• All subsequent certificates of title will also indicate the
appropriate “REBUILT SALVAGE” remark.
Note: The county tax assessor-collector’s office should
forward photocopies of the front and back of the associated
transfer documents to local law enforcement for investigation
and enforcement action
• The county tax assessor-collector’s office should reject
the transaction if:
1. the assignment/reassignment on the Texas title indicates
a sale between a licensed Texas Motor Vehicle Dealer
and a foreign dealer or foreign resident; and
2. the title is or is not stamped “For Export Only.”
Note: The counties have been asked to submit a photocopy
of the front and back of these transfer documents (stamped
or unstamped) to VTR, who in turn forwards the copies to
MVD for investigation).
• The buyer must provide proper foreign evidence of
ownership (i.e. a foreign title or registration document); or
may pursue:
1. a Tax Collector’s Hearing;
2. a Bonded title; or may
3. obtain a valid court order.
Programming The EXPORT ONLY remark is a “hard stop” to prevent
further Texas title or registration issuance.
None
Salvage/Nonrepairable Motor Vehicles (damaged) Regular Motor Vehicles (undamaged)
Motor Vehicle Title Manual Index-1 TxDMV April 2015
INDEX
A
Abandoned Vehicles 22 – 2
Assignment of Title 9 – 3
Auction Sales Receipt 22 – 8
Disposal 22 – 12
Disposal by Garagekeeper 23 – 12
Garagekeepers 22 – 9
In Coastal Waters 22 – 15
Left in a storage facility 22 – 9
Storage Charges 22 – 5
Taken into Custody 22 – 5
Towed 22 – 5
Address Confidentiality Program 6 – 7
Affidavit of Heirship 16 – 3
Death Certificate 16 – 7
Disinterested Person(s) 16 – 8
All-Terrain Vehicles (ATV) 14 – 17
MCO 10 – 2
Notation 6 – 3
Apprehended Vehicle 6 – 16, 19 – 6
Assembly Procedures 2 – 6, 8 – 12
Assessor-Collector
Bonded Transaction Assembly Procedures 8 – 12
Duties 2 – 2
Hearings 8 – 2, 8 – 3
Penalties 2 – 3
Transaction Assembly Procedures 2 – 6
Assignment of Title 9 – 2
Dealer 9 – 4, 25 – 3
Dealer’s License Number 10 – 7
From a manufacturer 10 – 2
Manufacturer’s Certificate of Origin (MCO) 10 – 7
Franchised Dealer to Franchise Dealer 10 – 2
Merger 9 – 3
ATVs. See All-Terrain Vehicles (ATV)
Auction Sales Receipt 9 – 2, 9 – 3, 22 – 8, 25 – 8
Automatic Title Issuance 6 – 19
B
Balloon-note Due Contacts 11 – 13
Bankruptcy 16 – 11
Receivership 16 – 11
Record Lien 16 – 11
Bill of Sale 10 – 9, 25 – 8
for Component Part of Junked Vehicle 13 – 3
Government Bills of Sale 10 – 10
Imported/Foreign Vehicle 19 – 3
Judicial 9 – 2, 9 – 3, 16 – 15
Lien on Component Part 12 – 7
Mechanic’s or Storage Lien 9 – 2
Sheriffs, Constables, or U. S. Marshals 9 – 2, 9 – 3
Bonded Title
County Processing 8 – 10
Duplicate Bond 2 – 5
Electronic Signatures 8 – 11
For Suspended or Revoked Existing Titles 8 – 10
Foreign/Imported Vehicles 19 – 9
Ineligible for 8 – 7
Liens 8 – 9
Maintenance of 8 – 12
Rejection Letter 8 – 10
Requirements 8 – 6
Buses
Reconstructed 7 – 12
Weight Certificate 10 – 6
C
Certificate of Authority to Demolish a Motor Vehicle (COA)
22 – 13
Vehicles Purchased at Auctions 23 – 32
Certificate of Title
Act 1 – 1
Act Effective Dates 5 – 2
Alteration 21 – 5
Applicability 1 – 2
Application
Address 6 – 7
Empty Weight 18 – 11
FEIN/EIN 6 – 10
Identification 6 – 9
Insurance Company 6 – 15
Leased Vehicle 6 – 6
Lien 6 – 8, 12 – 4
Mexican Evidence 6 – 3
Missing Odometer Disclosure 15 – 4
Multiple Liens 12 – 4
Name/Signature 11 – 2
Place 6 – 9
Rejected 2 – 3
Social Security Number 6 – 12
Special Handling 6 – 8, 11 – 14
Stolen Remark 21 – 3
Stop Title 2 – 4, 6 – 20
VSF Storage Lien 23 – 20, 23 – 21
Motor Vehicle Title Manual Index-2 TxDMV April 2015
Application Fee
Exempt 3 – 5, 5 – 2
Military 3 – 3
Remittance 3 – 2
Assignment
Dealer License Number 25 – 3
Corrected Title 6 – 23
Deceased and Lost Title 16 – 5
Definition of 5 – 2
Duplicate Original 6 – 13
Effective Dates 1 – 1
Emissions Testing 8 – 13
Former Military Vehicle 14 – 15
Government Vehicles 5 – 6
History 5 – 1
Information for Each State 18 – 12
Issuance 6 – 18
Lost Transaction 2 – 5
Machinery 5 – 4
Minor 16 – 9
Name Change 16 – 19
New Residents 18 – 1
No Charge Correction 7 – 3
Odometer Disclosure Exemption 15 – 2
Odometer Error 15 – 6
Previous Owner 6 – 5
Reassignment 15 – 2
Record Superseded 7 – 7
Rejection
Appeal 8 – 3, 8 – 5
Retention of Documents 2 – 4
Repossession 16 – 14
Restricted Certificates of Title 18 – 4
Returned 6 – 23
Revoked 7 – 5, 8 – 2, 8 – 10
Rights of Survivorship 17 – 2
Survivors 17 – 6
Safety Responsibility 8 – 13
Statute 5 – 2
Strikeovers and Erasures 13 – 4
Suspended 8 – 10
Title Application Receipt 5 – 4
Title Error 7 – 4
Tractors 5 – 4
Transfer 16 – 2
Transferring from a Trust 16 – 10
Certified Copy of Title 24 – 2
Acceptable Form of Current Identification 24 – 4
Application 24 – 2
Authorized Agents 24 – 8
Deceased Owner 24 – 7
Duplicate CCO 24 – 3
Electronic Lien Title (ELT) 24 – 13
Fraud Involved 24 – 11
Heirship Affidavit 16 – 8
On Suspended Vehicle 8 – 14
Ownership Verification 24 – 2
Power of Attorney (POA) 24 – 5
Prior CCO Issued 7 – 5
Stolen Remark 21 – 2
Transfer of Equity 24 – 8
Trusts 24 – 10
Vehicle Record with Lien 24 – 6
Certified Lienholder 12 – 18
Civil Case 16 – 20
Commercial Vehicles 7 – 10
Corrected Title 7 – 10
Manufacturer’s Certificate of Origin 10 – 4
Component Parts
Lien 12 – 7
Three Basic 13 – 2
Confidentiality Program 6 – 7
Converted Vehicle 7 – 10
Corrected Title 6 – 23, 7 – 2
Add Rights of Survivorship 17 – 3
Adjusting Weights 7 – 12
Applications for 6 – 3
Changing Classification 7 – 12
Commercial Vehicles 7 – 10
ELT Record 7 – 5
Lien 7 – 6, 12 – 6
Name Change 7 – 6
No Charge 7 – 3
No Transfer of Ownership 6 – 3
Odometer Error 15 – 6
Prior CCO Issued 7 – 5
Processing 7 – 3
Reassigned VIN 13 – 12
Stolen Remark 21 – 2
Switched Evidence 7 – 7
Titled to Non-titled 7 – 3
Vehicle Description 7 – 7, 7 – 10
County Administration 2 – 2
Court Order 9 – 3
Name Change 16 – 19
Needed to Establish Ownership 21 – 4
Release of Lien 12 – 16
Customer Inquiries 2 – 1
D
Dealer
Assignment 9 – 2
Assignment of MCO 10 – 7
Assignment/Reassignment of Title 9 – 4
Assignments of MCO 9 – 4
Dealer Bankruptcy 25 – 10
Dealer Register Used Vehicle 18 – 2
Definition 4 – 1, 25 – 1
Delinquent Transfer Penalty 3 – 8
Exemption 3 – 10
Document Requirements 25 – 6
Financial responsibility 25 – 7
Form VTR-41-A 25 – 4
Franchised 10 – 2, 25 – 2
License 25 – 2
License Number 10 – 7
on Assignment of Title 25 – 3
Mechanic’s/Storage lien 25 – 8
Non-franchise 25 – 4
Motor Vehicle Title Manual Index-3 TxDMV April 2015
Odometer Statement 25 – 4
Person or agent signs for 11 – 5
Reassignment 25 – 7
Registration Purposes Only (RPO) 6 – 17
Repossession 25 – 8
Sales Tax 25 – 6
Salvage Vehicle 25 – 5
Statement of fact 25 – 8
Vehicle Sales 25 – 3
Violations 25 – 2
Deceased
Affidavit of Heirship
Disinterested person(s) 16 – 8
Certificate of Title 24 – 7
No inheritance 16 – 9
No record 16 – 6
Rights of Survivorship 17 – 2
Small estates 16 – 9
Delinquent Transfer Penalty 3 – 7
Altered Date of Assignment 7 – 2
Applicability 3 – 9
Date of Assignment 3 – 8
Exempt ROVs 14 – 19
Exemptions 3 – 9
Dealers 3 – 10
Operation of Law 3 – 10
Filing Date 3 – 7
Military 3 – 7
Out of State 3 – 9
Stolen Remark 21 – 3
Transfer Requirements 3 – 7
Department Administration 2 – 1
Forms 2 – 1
Processing Of Application 2 – 1
Divorce 16 – 19
Driver’s Privacy Protection Act (DPPA) 2 – 2
E
Electronic Lien Title (ELT) 12 – 17
Application 12 – 19
Corrected Title 7 – 5
Data Transmissions 12 – 19
Definitions 12 – 18
Identifying a Prior ELT 12 – 19
Lienholder Certification 12 – 18
Obtaining a Printed Title 12 – 20
Release of Lien 12 – 16, 24 – 13
Release to a third party 24 – 13
Remarks 12 – 19
Transactions Types 12 – 19
Electronic Title 6 – 23
e-Lienholder/e-Title Lienholder 12 – 18
Emissions Testing 8 – 13
Exemptions 9 – 6
Non-Attainment 9 – 6
On Resale 9 – 6
Title Only 9 – 6
Equipment Numbers 13 – 13
Estate
Administration by Executor or Administrator 16 – 3
Bill of Sale 16 – 6
Executor(s) or Administrator(s) 16 – 4
Heirship Affidavit 16 – 8
Letters of Testamentary 16 – 3
Out of State 18 – 5
Signatures 11 – 4
Small Estates 16 – 9
Testate 16 – 3
e-Title 12 – 18
Evidence of Ownership
Bill of Sale 10 – 9
Certified Copy of Foreign Evidence 19 – 2
Imported Vehicles 19 – 2
Importer’s Certificate 10 – 11
Insufficient 8 – 3, 8 – 5
Neighborhood Electric Vehicles 14 – 5
Registration Purposes Only (RPO) 6 – 16
Trailers 14 – 7
Trailers/Semitrailers 5 – 4
Exempt License Plates 5 – 6
Federal Government 5 – 8
Export Only 25 – 9
Not Eligible for Bonded Title 8 – 7
Procedures 25 – 9
F
Farm
Application for Farm License Plates 6 – 3
Equipment Number 13 – 13
Trailer/Semitrailer 14 – 8
Fees
Delinquent Transfer Penalty 3 – 7, 9 – 5
Nonrepairable or Salvage Vehicle
Title Application 3 – 11
Rebuilt Salvage 3 – 11
Registration Purposes Only (RPO) 6 – 16
Stolen Remark 21 – 3
Title Application 3 – 2
Financial Responsibility 5 – 2, 25 – 7
Exceptions 6 – 12
First Sale 9 – 1, 10 – 1
Foreclosure Lien
Occurring Out of State 23 – 32
Foreign Evidence 6 – 3, 20 – 3
Foreign Missions (Office of) 5 – 8
Forgery 21 – 5
Forms
“Travel Trailer” or “Park Model Trailer” Verification,
Form VTR-141 14 – 7, 14 – 12, 18 – 8
Additional Liens Statement, Form VTR-267 12 – 4
Affidavit and Application for Exempt License Plates, Form
VTR-62-A 5 – 8
Affidavit for Repossessed Motor Vehicle, Form VTR-264
16 – 13, 21 – 5
Motor Vehicle Title Manual Index-4 TxDMV April 2015
Affidavit of Heirship for a Motor Vehicle, Form
VTR-262 16 – 6, 16 – 7
Application for a Certified Copy of Title, Form VTR-34 6
– 23, 24 – 2
Application for Armed Forces, Coast Guard Auxiliary, or
Texas Wing Civil Air Patrol License Plates, Form
VTR-227 5 – 7
Application for Assigned or Reassigned Number, Form
VTR-68-A 13 – 6, 13 – 9
Application for Exempt Registration of a Fire Fighting
Vehicle, Form VTR-62-F 5 – 7
Application for Farm Trailer/Semitrailer, Farm Truck, or
Farm Truck Tractor License Plates, Form VTR-52-A 6
– 3
Application for Registration Purposes Only, Form
VTR-272 5 – 8, 6 – 15, 6 – 17, 11 – 5, 18 – 11, 19 – 8, 20
– 3
Application for Standard Texas Exempt License Plates,
Form VTR-62-A 5 – 6
Application for Texas Title, Form 130-U 6 – 1, 6 – 2, 6 – 7
Application for Title Only, Form VTR-131 6 – 14, 20 – 2
Auction Sales Receipt for an Abandoned Motor Vehicle
Sold by a Law Enforcement Agency at Public Auction,
Form VTR-71-1 22 – 8
Certificate of Authority to Dispose of a Motor Vehicle to a
Demolisher for Demolition, Wrecking or Dismantling
Only, Form VTR 71-3 25 – 5
Certificate of Title Surety Bond, Form VTR-130-SB 2 – 6,
8 – 8, 8 – 10
Component Part(s) Bill of Sale, Form VTR-63 13 – 3
County of Title Issuance, Form VTR-136 6 – 9, 11 – 10, 15
– 7, 25 – 3
Dealer’s Reassignment of Title for a Motor Vehicle, Form
VTR-41-A 9 – 3, 9 – 4, 10 – 8, 15 – 3, 15 – 6
Exempt Vehicle Affidavit Driver Education, Form
VTR-62-E 5 – 6
Imported Vehicles USDOT HS-7 16 – 17, 19 – 5
Leased Vehicle Affidavit, Form VTR-62-L 5 – 6
Not Requiring Notarization 11 – 14
Notice of Assigned Number or Installation of Reassigned
Vehicle Identification Number, Form VTR-68-N 13 –
7, 13 – 12
Notice to the Texas Department of Motor Vehicles of the
Abatement of Junked Vehicles, Form VTR 71-4 22 –
16
Out-of-State Identification Certificate, Form VI-30 7 – 9, 8
– 7, 16 – 14, 16 – 15, 18 – 2
Power of Attorney for Transfer of Ownership to a Motor
Vehicle, Form VTR-271-A 11 – 9, 15 – 6
Power of Attorney to Transfer Motor Vehicle, Form
VTR-271 11 – 7
Prescribed Form for Release of Lien, Form VTR-266 16 –
12
Prescribed Form for Statement of Fact for Ownership of
Homemade/Shopmade Trailer, Semitrailer, or Travel
Trailer, Form VTR-305-A 14 – 7
Rebuilt Vehicle Statement, Form VTR-61 14 – 14, 18 – 11
Receipt for Surrendered Titles and Other Evidence of
Ownership, Form VTR-340 22 – 8
Recreational Off-Highway Vehicle Statement of
Ownership, Form VTR-330 14 – 17, 14 – 18
Recreational Off-Highway Vehicle Used for Farming or
Lawn Care, Form VTR-329 14 – 19
Request for Texas Motor Vehicle Information, Form
VTR-275 2 – 2, 8 – 9
Rights of Survivorship Ownership Agreement for a Motor
Vehicle, Form VTR-122 17 – 2
Safety Responsibility Affidavit, Form SR39 8 – 14, 8 – 15
Secretary of State’s Financing Statement Form UCC1 16 –
14
Standard Abbreviations for Vehicle Makes and Body
Styles, Form VTR-249 6 – 4
Statement of Fact, Form VTR-130-SOF 8 – 6
Statement of Physical Inspection, Form VTR-270 7 – 8, 8 –
12
Storage Lien for Licensed Vehicle Storage Facility, Form
VTR 265-VSF 16 – 2
Tax Collector Hearing / Bonded Title Application, Form
VTR-130-SOF 8 – 6
Texas Certificate of Title, Certified Copy Form 30-CCO 2
– 6
Texas Motor Vehicle Transfer Notification, Form
VTR-346 9 – 8
Texas Salvage Certificate, Form VTR-222 6 – 17
Texas Salvage Vehicle Title, Form VTR-222-S 6 – 17
Title Application Receipt, Form VTR-500-RTS 2 – 6, 3 –
7, 3 – 11
United States Government Certificate to Obtain a Title to a
Motor Vehicle, Form 97 5 – 8, 6 – 17, 10 – 10, 18 – 8
Vehicle Identification Number Self-certification, Form
VTR-272-B 2 – 7, 20 – 3
Vehicle Inspection Report 5 – 8, 7 – 9, 8 – 7, 16 – 14, 16 –
15
Verification of Ownership, Form VTR-268 16 – 6
Frame Number. See Vehicle Identification Number
Franchised Dealer 10 – 2
G
Garagekeeper 22 – 1, 22 – 9, 23 – 12
General Motors Corporation (GM) non-saleable vehicles 13 –
4
Government
Bills of Sale 10 – 10
Civil Air Patrol 5 – 7
Donated Vehicles 10 – 10
Exempt License Plates 5 – 6
Federal
Certificate of Title 5 – 7, 5 – 8
Diplomat License Plates 5 – 8, 18 – 8
Exempt License Plates 5 – 8
Form 97 5 – 8
Lease From 5 – 8
Fire Fighting Vehicles 5 – 7
Local Government Vehicles 5 – 8
Machinery 5 – 6
State of Texas 5 – 6
Trailer/Semitrailer 5 – 6
Volunteer Ambulance 5 – 7
Gross Vehicle Weight
Motor Vehicle Title Manual Index-5 TxDMV April 2015
House Trailer 10 – 5
H
Heirship
Affidavit by all Heirs 16 – 7
Minor 16 – 9
Hostile Fire Zones 3 – 3
House Trailers 10 – 5
Assignment/Reassignment of VIN 13 – 7, 13 – 13
Definition 4 – 2, 14 – 11
Determine Weight by SQFT 10 – 5
Homemade/Shopmade 13 – 10
Serial Number 13 – 5
I
Implements of Husbandry 14 – 6
Imported Vehicles
Bill of Sale/Invoice 19 – 3
Bonded Title 19 – 9
Entry/Clearance Documentation 19 – 8
Evidence of Ownership 19 – 2
Gas-guzzler taxes 19 – 4
HS-7 19 – 5
Manufactured in Mexico 19 – 7
Odometer Disclosure 19 – 4
Registration Purposes Only (RPO) 19 – 8
Safety Requirements
Exceptions 19 – 6
Proof of Compliance 19 – 6
Tax Assessor-Collectors Hearing 19 – 9
U. S. Customs 19 – 4
Under bond 19 – 5
Importer’s Certificate 10 – 11
Incompetency 16 – 20
Independent Administration 16 – 4
International Registration Plan (IRP) 6 – 15
Involuntary Divestiture of ownership 16 – 16
J
Judicial Bill of Sale 9 – 2
Judicial Sale 16 – 15
Registered out of state 16 – 15
Sheriff’s or constable’s bill of sale 16 – 15
Justice of the Peace 13 – 14, 16 – 20, 21 – 4
L
Landlord’s Lien 23 – 27
Exempt Property 23 – 27
Notices 23 – 27
Letters of Testamentary 16 – 3
License Vehicle Storage Facility (VSF) 23 – 16, 23 – 20, 23 –
21
Notification to Law Enforcement 23 – 14, 23 – 18
Lien 4 – 2, 6 – 8, 6 – 19
“None” 12 – 4
Abbreviations 12 – 4
Accessories 12 – 7
Address of lienholders 12 – 6
Altered Information 12 – 4
Application for Texas Title 12 – 4
Assignment 12 – 10
Bankruptcy 16 – 11
Changing Lienholder’s Name 12 – 11
Child Support 12 – 10
Priority of 12 – 10
Release of 12 – 10
Corrected Title 7 – 6, 12 – 6
Definition 4 – 2, 12 – 1
Electronic Lien Title (ELT). See Electronic Lien Title
(ELT)
Floor Plan 9 – 2, 12 – 2, 16 – 14
Identifying a Prior ELT 12 – 19
Income Tax 12 – 7
Incorrectly Recorded 7 – 6
Joint Lienholders 12 – 4, 12 – 6
Landowner’s 12 – 9
Lienholders’ Address 12 – 6
Missing Records 12 – 13
Multiple 12 – 4
Not Noted on Title 12 – 3
on Component Part 12 – 7
Out of State 12 – 3
Over 10 years old 12 – 16
Perfection 12 – 1
Priority of 12 – 5
Recorded In Error 12 – 14
Release of 12 – 12
Out of State 12 – 15
Released in Error or by Forgery 12 – 6
Repossession 16 – 13
Restitution 12 – 7
Priority of 12 – 8
Release of 12 – 9
Second Lien 12 – 6
Transfer of Equity 12 – 10
Release of Lien 12 – 16
Lienholder
Authorized Agents 24 – 8
Liquidation of Bank or Savings and Loan 16 – 12
Local Lienholder 12 – 18
M
Machinery 5 – 4
Government 5 – 6
Machinery/Permit Vehicles Plates 14 – 10
Motor Vehicle Title Manual Index-6 TxDMV April 2015
Manufactured Housing 4 – 2
Manufacturer 4 – 2
Definition 10 – 1
Multiple Manufacturers 10 – 2
Permanent Vehicle Identification Number 4 – 2
Manufacturer’s Certificate of Origin (MCO)
AAMVA Adopted Format 10 – 2
Assignment 10 – 7
Assignments Over Two Years Old 10 – 8
Commercial Vehicle 10 – 4
Dealer Assignments 9 – 4
Dealer’s License Number 10 – 7
Incorrect VIN 7 – 2
Odometer 10 – 8
Odometer Disclosure 15 – 3
Release of Lien 12 – 16
Required Information 10 – 2
Requirement 10 – 1
ROV, ATV or UTV 10 – 2
Second-stage 10 – 6
Supplemental 10 – 8
Switched 7 – 7
Trailers/Semitrailers 10 – 2
Mechanic’s Lien 25 – 8
Financial Agreements 23 – 3, 23 – 9
Storage Fees 23 – 2, 23 – 8
Military 20 – 1
Application for Texas Title 20 – 2
Delinquent Transfer Penalty 3 – 7
Entry of Vehicles into US 20 – 3
Hostile Fire Zones 3 – 3
Lien Foreclosure 20 – 4
Military Orders Example 3 – 5
Self-Service Storage Facility Lien 23 – 23
Stationed Out of State 18 – 9
Title Application Fee Exemption 3 – 3
Title for For Former Military Vehicle 14 – 15
Title Only 6 – 14, 20 – 2
Titled/Registered by Armed Forces or Host Nation 20 – 1
Vehicle Identification Certificate 18 – 9
Minor
Texas Uniform Gifts or Transfers to Minors Act 16 – 20
Trustee for 16 – 2
Minor Heirs 16 – 9
Moped
Description 14 – 3
New 14 – 4
Used 14 – 4
Weight Requirements 10 – 6
Motor Homes 14 – 13
Definition 14 – 13
Motor Number. See Vehicle Identification Number
Motor Scooter
Motor Frame Number 13 – 5
Weight Requirements 10 – 6
Motor Vehicle Dealer. See Dealer
Motor Vehicle. See Vehicle
Motorcycle 14 – 2
Definition of 4 – 2
Motor/Frame Number 13 – 5
Weight Requirements 10 – 6
Municipal Judge 16 – 20
Muniment of Title 16 – 4
N
Name Change 7 – 6, 16 – 19
Neighborhood Electric Vehicles 14 – 4
NMVTIS 2 – 2
Nonnegotiable Title
Issued by other states 18 – 3
Nonrepairable Title 22 – 13
Notarization 11 – 14
O
Occupations Code
Occupations Code Section 2301.002 10 – 1
Occupations Code Section 2305.001 26 – 1
Occupations Code Section 2305.002 26 – 1
Occupations Code Section 2305.003 26 – 1
Occupations Code Section 2305.004 26 – 2
Occupations Code Section 2305.005 26 – 2
Occupations Code Section 2305.006 26 – 2
Occupations Code Section 2305.051 26 – 2
Occupations Code Section 2305.101 26 – 3
Odometer
Broken or inoperable 15 – 5
Metric 15 – 2
Repaired or Replaced 15 – 5
Title brands 15 – 4
Odometer Disclosure 11 – 13, 15 – 1
Broken/Inoperable Odometer 15 – 5
Discrepancies 15 – 5
Exempt 15 – 2
Imported Vehicles 19 – 4
Manufacturer’s Certificate of Origin 10 – 8
Missing on Title Application 15 – 4
Out of State Titles 15 – 3
Salvage Titles 15 – 3
Secure Power of Attorney 11 – 9
Unrecovered Stolen Vehicle 15 – 4
Vehicles Without Odometers 15 – 5
Off Road Use Only 10 – 2
Office of General Counsel 6 – 21, 8 – 4
Oil Company Vehicles
Assignment of Title 10 – 8
Operation of Law
Estates 16 – 3
Joint Wills 16 – 7
Minor 16 – 9
Minors 16 – 5
Name Change 16 – 19
Odometer Disclosure 15 – 4
Out of State 16 – 3
Motor Vehicle Title Manual Index-7 TxDMV April 2015
Optional Vehicle Class 7 – 12, 10 – 5
Out of State
Apprehended 18 – 11
Assignment/Reassignment of Ownership 18 – 3
Bill of Sale 10 – 9
Bonded Title notation 8 – 8
Current Registration Receipt 18 – 1, 18 – 4
Dealer Assignment 10 – 9
Divorce 16 – 19
Estate 18 – 5
Evidence of Ownership 18 – 2
Foreclosure Lien 23 – 32
Identification Certificate 18 – 6
Vehicles Not in Texas 18 – 8
Lien 12 – 3
Nonnegotiable Title 18 – 3
Odometer Disclosure 15 – 3
Operation of Law 16 – 3
Reassignment document 18 – 3
Recovered Stolen 13 – 14
Registration Purposes Only (RPO) 6 – 17
Release of Lien 12 – 15
Repossession 16 – 13, 16 – 16
Requirement for Title 18 – 1
Restricted certificates of title 18 – 4
Salvage Vehicles 18 – 11
Self-certification of the VIN 6 – 17
Travel Trailers 10 – 6
Vehicle Description Errors 7 – 9
Vehicle Located Outside of Texas 6 – 17
Vehicle Safety Inspection 18 – 8
Owner
Definition of 4 – 3
Minor 16 – 9
P
Park Model Trailers 14 – 12
Personal Identification 6 – 9
Power of Attorney 11 – 2, 11 – 6
Affidavit of Heirship 16 – 8
Attorney-in-Fact designation 11 – 7
Certified Copy of Title 24 – 5
Death of the grantor 11 – 8
Durable 11 – 8
Joint owners 11 – 3
Limited 11 – 8, 11 – 10
Acceptance 11 – 13
Odometer 11 – 9
Power of substitution 11 – 7
Secure 11 – 9, 15 – 6
Transfer Ownership and Disclose Mileage 15 – 6
Two or More 11 – 9
Prior CCO Issued 7 – 5
Public Nuisance Vehicles 22 – 16
R
Reassignment of Title 9 – 2, 25 – 7
Dealer’s License Number 10 – 7
Rebuilt Salvage
Odometer Disclosure 15 – 3
Rebuilt Salvage Fee 3 – 11
Reconstructed Vehicle 7 – 12
Record Superseded 7 – 7
Recreational Off-Highway Vehicles (ROV) 14 – 18
MCO 10 – 2
Notation 6 – 3
Title Exemption 14 – 19
Registration Purposes Only (RPO) 6 – 15, 18 – 11
Application Fee 6 – 16
Correction 6 – 18
Dealer 6 – 17
Foreign Vehicles 19 – 8
International Registration Plan (IRP) 6 – 15
Law Enforcement Vehicles 16 – 17
Seized and Forfeited Vehicles 6 – 17
Vehicle located out of state 6 – 17
Registration Receipt 18 – 4
Non-Title States 5 – 9, 18 – 1, 18 – 4
Use of 6 – 13
Rejections
Appeal 8 – 3, 8 – 5
Due to Fraud 8 – 2
Requests for 8 – 2
Retention of Documents 2 – 4
Right to Reject 8 – 2
Title transactions 2 – 3
Release of Information. See Driver’s Privacy Protection Act
(DPPA)
Release of Lien 12 – 12
Affidavit of Heirship 16 – 8
Alteration 12 – 15
Bankruptcy 16 – 11
Court Order 12 – 16
Divorce 16 – 19
Electronic Lien Title (ELT) 12 – 16, 24 – 13
Executing 12 – 13
Joint Lienholders 12 – 15
Lien Recorded in Error 12 – 14
MCO 12 – 16
Missing Records 12 – 13
Out of State 12 – 15
Released in Error or by Forgery 12 – 6
Repossession 12 – 14
Security Agreements 12 – 15
Transfer of Equity 12 – 16
Remarks
“Not for Highway Use” 10 – 10
Actual Mileage 15 – 4
Chart of all Remarks/Brands 4 – 5
DOT PROOF REQUIRED 16 – 17
E-Title 12 – 19
FLOOD DAMAGED 10 – 10
Mileage Exceeds Mechanical Limits 15 – 4
Multiple Survivors 17 – 7
Not Actual Mileage 15 – 4, 15 – 5
Motor Vehicle Title Manual Index-8 TxDMV April 2015
Out of State Bonded Title notation 8 – 8
Paper Title 12 – 19
Rights of Survivorship 11 – 2, 17 – 8
Safety Responsibility Suspension 8 – 14
Salvage 10 – 10
Stolen 21 – 2, 21 – 3
Survivorship Rights 17 – 3, 17 – 8
Totaled 10 – 10
VIN CERTIFICATION WAIVED 8 – 6, 8 – 12, 18 – 12
Repossession 9 – 3, 16 – 12, 25 – 8
Affidavit 16 – 13, 16 – 15
Affidavit Requirement 16 – 14
Cosigners 16 – 15
Lien 16 – 13
Multiple Lienholders 12 – 14
Out of State 16 – 13, 16 – 16
Voluntary 9 – 3
Rights of Survivorship
Death Certificate 17 – 2
Entry into RTS 17 – 7
Error 17 – 6
Husband and Wife 17 – 2
Remark Not Shown on Title 17 – 3
Represents Joint Ownership 17 – 6
Unmarried 17 – 3
ROVs. See Recreational Off-Highway Vehicles (ROV)
Rules
Forms 2 – 1
Processing Of Application 2 – 1
S
Safety Inspection
Farm trailers 18 – 8
Federal Diplomat License Plates 18 – 8
German Federal Armed Forces 18 – 8
Machinery 18 – 8
Off Highway motorcycles 18 – 8
Slow moving vehicle emblems 18 – 8
Trailers/Semitrailers 18 – 8
Travel trailers 18 – 8
Vehicles Not Subject 18 – 9
Safety Requirements 8 – 3, 8 – 8, 16 – 16, 19 – 4, 19 – 5
Exceptions 19 – 6
Mexican Manufactured Vehicles 19 – 7
Proof of Compliance 16 – 16, 19 – 6
Safety Responsibility 8 – 13
Salvage and Nonrepairable Motor Vehicles
Export Only 26 – 3
Rebuilt Salvage Fees 3 – 11
Title Application Fees 3 – 11
Seized/Forfeited Vehicles 16 – 16
Awarded to Law Enforcement 16 – 17
Bill of Sale 16 – 18
Comptroller 16 – 18
Contraband 16 – 17
Illicit beverage 16 – 18
Marshal’s Bill of Sale 16 – 17
Self-Service Storage Facility Lien 23 – 22
Military 23 – 23
Notifications 23 – 26
Semitrailers
Assignment/Reassignment of VIN 13 – 7, 13 – 13
Definition of 4 – 3
Double Bottom 5 – 5
Farm 5 – 5
Government Owned 5 – 6
House Moving Dollies 5 – 5
Serial Number 13 – 5
Title 5 – 5
Twin Twenties 5 – 5
Serial Number. See Vehicle Identification Number
Signatures
Doing Business As (DBA) 9 – 4
Estate 11 – 4
False name, false information, and forgery 11 – 1
Joint ownership 11 – 2
Minor 11 – 5
Name and address stamps 6 – 6
Partnership 11 – 3
Power of Attorney 11 – 7
Signature stamps 6 – 6, 11 – 5
Sr./Jr 11 – 3
Trust 11 – 5
Social Security Number 6 – 12
Special Handling 6 – 8, 11 – 14
Standard Presumptive Value (SPV) 8 – 8
Statement of Fact 7 – 1, 9 – 4
Stolen Vehicles 8 – 2, 21 – 1
Altered VINs 21 – 6
Certified Copy of Title 21 – 2
Conversion 21 – 5
Insurance Claims, Application, Fees 21 – 3
Recovered 21 – 3
Stop Title 2 – 4, 6 – 20
Storage Lien 23 – 12, 25 – 8
for Licensed Vehicle Storage Facility (VSF) 23 – 16
Application for Title 23 – 20, 23 – 21
Notification to Law Enforcement 23 – 14, 23 – 18
Switched MCOs 7 – 7
T
Tax Assessor-Collectors Hearing 8 – 2, 8 – 3
Foreign/Imported Vehicles 19 – 9
Notifications 8 – 4
Temporary Hold Requests 6 – 21
Texas Title
Application
Military 20 – 2
Theft by Conversion 21 – 5
Title
Automatic Issuance 6 – 19
Title Application Receipt
Altered 6 – 20, 21 – 5
Motor Vehicle Title Manual Index-9 TxDMV April 2015
Duplicate 6 – 20
Evidence of Title 5 – 4
Use of 6 – 13
Title Litigation 6 – 21, 8 – 4
Title Only 6 – 13
Application 6 – 14
Bonded Title 8 – 6, 8 – 12
Emissions Testing 9 – 6
Military 6 – 14, 20 – 2
Notation 6 – 3
VIN certification waived 18 – 12
Title Transaction
Assembly Procedures 2 – 6
Bonded Assembly Procedures 8 – 12
Lost 2 – 5
Title. See Certificate of Title
Tonnage
Rating Guide 10 – 4
Trailers 4 – 4
Assignment/Reassignment of VIN 13 – 7, 13 – 13
Double Bottom 5 – 5
Evidence of Ownership 14 – 7
Farm 5 – 5
Government Owned 5 – 6
Jockey 14 – 11
Mobile Office 14 – 13
Park Model 14 – 12
Serial Number 13 – 5, 13 – 11
Title 5 – 5
Travel/Camper 14 – 12
Trailers/Semitrailers
Dealers 25 – 2
Definition 14 – 6
Empty Weight 18 – 11
Evidence of Ownership 5 – 4
Farm 14 – 8
Homemade/Shopmade 13 – 10, 14 – 7
Last Registered/Titled Out of State 18 – 10
Manufacturer’s Certificate of Origin (MCO) 10 – 2
Out of State 14 – 7
Serial Numbers 14 – 6
Without Frames 13 – 6
Transfer of Vehicle 16 – 1
Judicial, U.S. Government Agent’s, Sheriff’s, Constable’s,
Mechanic’s or Storage Lien Bill of Sale 16 – 2
Transportation Code
Transportation Code Section 501.001 1 – 1
Transportation Code Section 501.002 4 – 1, 9 – 1, 10 – 1, 12
– 1, 13 – 1, 14 – 1, 25 – 1, 25 – 6
Transportation Code Section 501.003 1 – 1
Transportation Code Section 501.004 1 – 2, 5 – 1
Transportation Code Section 501.0041 2 – 1
Transportation Code Section 501.005 1 – 2
Transportation Code Section 501.006 5 – 8
Transportation Code Section 501.021 5 – 2
Transportation Code Section 501.022 5 – 3
Transportation Code Section 501.023 6 – 1
Transportation Code Section 501.0234 25 – 4
Transportation Code Section 501.024 6 – 19
Transportation Code Section 501.025 10 – 1
Transportation Code Section 501.027 6 – 18
Transportation Code Section 501.0275 6 – 13
Transportation Code Section 501.0276 8 – 13
Transportation Code Section 501.029 6 – 13
Transportation Code Section 501.030 18 – 1, 19 – 1
Transportation Code Section 501.031 17 – 1
Transportation Code Section 501.032 13 – 10
Transportation Code Section 501.033 13 – 7
Transportation Code Section 501.0331 13 – 4
Transportation Code Section 501.0332 13 – 5
Transportation Code Section 501.034 5 – 5
Transportation Code Section 501.035 14 – 15
Transportation Code Section 501.036 14 – 8
Transportation Code Section 501.037 14 – 8
Transportation Code Section 501.051 6 – 21, 8 – 1
Transportation Code Section 501.052 8 – 2
Transportation Code Section 501.0521 16 – 20
Transportation Code Section 501.053 8 – 5
Transportation Code Section 501.071 9 – 1
Transportation Code Section 501.072 15 – 1
Transportation Code Section 501.0721 9 – 7
Transportation Code Section 501.073 9 – 9
Transportation Code Section 501.074 16 – 1
Transportation Code Section 501.076 11 – 10
Transportation Code Section 501.111 12 – 1
Transportation Code Section 501.112 12 – 2
Transportation Code Section 501.113 12 – 2
Transportation Code Section 501.114 12 – 10
Transportation Code Section 501.115 12 – 12
Transportation Code Section 501.116 12 – 16
Transportation Code Section 501.117 12 – 17
Transportation Code Section 501.132 6 – 20
Transportation Code Section 501.134 24 – 1
Transportation Code Section 501.135 21 – 1
Transportation Code Section 501.138 3 – 1
Transportation Code Section 501.145 9 – 5
Transportation Code Section 501.146 3 – 7
Transportation Code Section 501.147 9 – 7
Transportation Code Section 501.148 3 – 11
Transportation Code Section 501.151 21 – 3
Transportation Code Section 501.152 5 – 9, 9 – 2
Transportation Code Section 501.153 21 – 5
Transportation Code Section 501.154 6 – 20
Transportation Code Section 501.155 11 – 1, 21 – 5
Transportation Code Section 501.157 21 – 5
Transportation Code Section 501.158 21 – 6
Transportation Code Section 501.161 9 – 9
Transportation Code Section 501.173 6 – 23
Transportation Code Section 502.001 14 – 2
Transportation Code Section 502.457 20 – 1
Transportation Code Section 502.480 2 – 3, 13 – 14
Transportation Code Section 503.001 4 – 1
Transportation Code Section 520.003 25 – 11
Transportation Code Section 520.005 2 – 2
Transportation Code Section 520.014 2 – 3
Transportation Code Section 520.016 9 – 9
Transportation Code Section 541.201 14 – 2
Transportation Code Section 548.001 14 – 2
Transportation Code Section 548.052 18 – 9
Transportation Code Section 548.3011 9 – 5
Transportation Code Section 601.006 8 – 13
Transportation Code Section 601.051 6 – 12
Transportation Code Section 601.052 6 – 12
Motor Vehicle Title Manual Index-10 TxDMV April 2015
Transportation Code Section 683.001 22 – 1
Transportation Code Section 683.002 22 – 2
Transportation Code Section 683.003 22 – 20
Transportation Code Section 683.011 22 – 3
Transportation Code Section 683.012 22 – 3
Transportation Code Section 683.013 22 – 5
Transportation Code Section 683.014 22 – 6
Transportation Code Section 683.015 22 – 7
Transportation Code Section 683.016 22 – 20
Transportation Code Section 683.031 22 – 9
Transportation Code Section 683.032 22 – 10
Transportation Code Section 683.033 22 – 11
Transportation Code Section 683.034 22 – 11
Transportation Code Section 683.051 22 – 12
Transportation Code Section 683.052 22 – 14
Transportation Code Section 683.053 22 – 14
Transportation Code Section 683.054 22 – 14
Transportation Code Section 683.055 22 – 20
Transportation Code Section 683.056 22 – 15
Transportation Code Section 683.057 22 – 21
Transportation Code Section 683.071 22 – 2, 22 – 3
Transportation Code Section 683.072 22 – 16
Transportation Code Section 683.073 22 – 21
Transportation Code Section 683.074 22 – 17
Transportation Code Section 683.075 22 – 17
Transportation Code Section 683.076 22 – 18
Transportation Code Section 683.0765 22 – 19
Transportation Code Section 683.077 22 – 19
Transportation Code Section 683.078 22 – 19
Travel Trailers 4 – 4
Out of State 10 – 6
Trust 11 – 6, 16 – 10
Affidavit of Trust 16 – 10
Certified Copy of Title 24 – 10
Signature 11 – 5
Signing as, or for, a Trustee 11 – 4
Statement of Fact 16 – 10
Transferring a vehicle 16 – 10
Trustee
For a minor 16 – 2
In Bankruptcy 16 – 11
Successor 16 – 10
Two-Chain Record of Title 7 – 6
U
U.S. Department of State 5 – 8
US Entry/Clearance Documentation 19 – 8
V
Vehicle
Abandoned 22 – 2
Body Style 6 – 4
Bus 7 – 12
Cadillacs
1956 through 1967-year model 13 – 5
Changing Classification 7 – 12
Commercial 7 – 10
Converted 7 – 10
Definition 14 – 1, 25 – 6
Description
on Manufacturer’s Certificate of Origin 10 – 3
Donated (Government) 10 – 10
Electric 14 – 4
Farm Tractor/Road Tractor 14 – 6
Ford
Manufactured from March 31, 1932 – 1948 13 – 5
Manufactured in a foreign country 13 – 4
Prior to 1932 13 – 4
Former Military 14 – 15
From Indian Reservation 18 – 10
Homemade/Shopmade Trailers 13 – 10
International trucks 13 – 4
Jeep
Manufactured by the Ford Company 13 – 4
Junked 13 – 3
Leased 6 – 6
Manufactured in Mexico 19 – 7
Mini-Trucks 14 – 16
New 4 – 3
Definition 10 – 1
Loaned to School District 5 – 6
Remains a new motor vehicle 10 – 8
Non-Saleable GM 13 – 4
Off-Highway Use 14 – 16
Oil Company Vehicles 10 – 8
Public Nuisance 22 – 16
Reconstructed 7 – 12
Rightful Owner 21 – 4
Safety Inspection 18 – 8
Seized and Forfeited 13 – 14
Seized/Forfeited 16 – 16
Stolen 8 – 2, 21 – 1
Odometer Disclosure 15 – 4
Out of State Recovered 13 – 14
Three Wheeled 14 – 3
Types 14 – 1
Used 4 – 4
Volkswagen Beetle
Assigned Number Location 13 – 9
Floor Pan 13 – 2
Serial Number Location 13 – 5
Without Odometers 15 – 5
Year Model 6 – 3
Vehicle Identification Certificate
Inspection Information 18 – 7
Military Personnel 18 – 9
Procedures 18 – 6
Students 18 – 9
Title Only 18 – 12
Vehicles Not In Texas 18 – 8
Vehicle Identification Number 4 – 2, 13 – 1
After 1955 13 – 3, 13 – 5
After 1967 13 – 3
After 1980 13 – 3
Altered 21 – 6
Assembled, Rebuilt, Strip Down 13 – 12
Assigned by Another State 13 – 13
Motor Vehicle Title Manual Index-11 TxDMV April 2015
Assigned Numbers 13 – 6, 13 – 8
By Exempt Agencies 13 – 10
Cancellation of 13 – 13
Corrected Title 13 – 12
Equipment 13 – 13
HT Prefix 13 – 10
Off road construction equipment 13 – 13
Special mobile equipment 13 – 13
Stolen 21 – 6
TEX Prefix 13 – 8
TR Prefix 13 – 10
Corrected MCO 7 – 2
Definition 4 – 4
Errors 7 – 8
GM Non-Saleable Vehicles 13 – 4
Incomplete imported vehicle 10 – 2
Incorrect VIN 7 – 2
International Trucks 13 – 4
Manufacturer’s Certificate of Origin 10 – 3
Missing VINs 13 – 7
Motor Numbers 13 – 3, 13 – 4
Multiple Records 7 – 6
Physically Altered 7 – 9
Prefixes and Suffixes 13 – 4
Prior to 1956 13 – 3
Reassigned VIN 13 – 6
Title Implications 13 – 7
Rightful Owner 21 – 4
Seized/Forfeited Vehicles 13 – 14
Self-certification 6 – 17
Serial Numbers 4 – 3, 13 – 1, 13 – 5
Strikeovers or Erasures 6 – 3
Two Chain Record of Title 7 – 6
Vehicle Inspection Report 2 – 7, 5 – 8, 7 – 9, 8 – 7, 16 – 14, 16 –
15
Vehicle Record (History) 2 – 2
Vehicle Transfer Notification 9 – 8
Statute 9 – 7
W
Weight Certificate 16 – 14
Buses 10 – 6
Commercial Vehicles 10 – 4
Exempt Agencies 10 – 5
Imported Vehicles 19 – 4
Minimum Specifications 10 – 5
Out of State Trailer/Semitrailer 18 – 11
Second-stage Manufacturers 10 – 6
To Obtain 10 – 5
Waived
for Commercial Vehicles 18 – 11
for Second-Stage Manufacturers 10 – 6
Wills 16 – 7
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
167. OFFER OF SETTLEMENT; AWARD OF LITIGATION COSTS
167.1 Generally. Certain litigation costs may be awarded against a party who rejects an offer made
substantially in accordance with this rule to settle a claim for monetary damages — including a
counterclaim, crossclaim, or third-party claim — except in:
(a) a class action;
(b) a shareholder’s derivative action;
(c) an actionby or against the State, a unit of state government, or a politicalsubdivisionof the
State;
(d) an action brought under the Family Code;
(e) an action to collect workers’ compensation benefits under title 5, subtitle A of the Labor
Code; or
(f) an action filed in a justice of the peace court or small claims court.
167.2 Settlement Offer.
(a) Defendant’s declarationa prerequisite; deadline. A settlement offer under this rule may
not be made until a defendant — a party against whom a claim for monetary damages is
made—files a declaration invoking this rule. When a defendant files such a declaration,
an offer or offers may be made under this rule to settle only those claims by and against
that defendant. The declaration must be filed no later than 45 days before the case is set
for conventional trial on the merits.
(b) Requirements of an offer. A settlement offer must:
(1) be in writing;
(2) state that it is made under Rule 167 and Chapter 42 of the Texas Civil Practice
and Remedies Code;
(3) identify the party or parties making the offer and the party or parties to whom the
offer is made;
(4) state the terms by which all monetary claims — including any attorney fees,
interest, and costs that would be recoverable up to the time of the offer —
betweenthe offeror or offerors on the one hand and the offeree or offerees on the
other may be settled;
(5) state a deadline — no sooner than 14 days after the offer is served — by which
the offer must be accepted;
(6) be served on all parties to whom the offer is made.
(c) Conditions of offer. An offer may be made subject to reasonable conditions, including
the executionof appropriate releases, indemnities, and other documents. An offeree may
object to a condition by written notice served on the offeror before the deadline stated in
the offer. A condition to which no such objection is made is presumed to have been
reasonable. Rejection of an offer made subject to a condition determined by the trial court
to have been unreasonable cannot be the basis for an award of litigation costs under this
rule.
(d) Non-monetary and excepted claims not included. An offer must not include nonmonetary
claims and other claims to which this rule does not apply.
(e) Time limitations. An offer may not be made:
(1) before a defendant’s declaration is filed;
(2) within 60 days after the appearance in the case of the offeroror offeree, whichever
is later;
(3) within 14 days before the date the case is set for a conventionaltrialon the merits,
except that an offer may be made within that period if it is in response to, and
within seven days of, a prior offer.
(f) Successive offers. A party may make an offer after having made or rejected a prior offer.
A rejection of an offer is subject to imposition of litigation costs under this rule only if the
offer is more favorable to the offeree than any prior offer.
167.3 Withdrawal, Acceptance, and Rejection of Offer.
(a) Withdrawal of offer. An offer can be withdrawn before it is accepted. Withdrawal is
effective when written notice of the withdrawal is served on the offeree. Once an
unaccepted offer has been withdrawn, it cannot be accepted or be the basis for awarding
litigation costs under this rule.
(b) Acceptance of offer. An offer that has not been withdrawn can be accepted only by
written notice served on the offeror by the deadline stated in the offer. When an offer is
accepted, the offeror or offeree mayfile the offer and acceptance and may move the court
to enforce the settlement.
(c) Rejection of offer. An offer that is not withdrawn or accepted is rejected. An offer may
also be rejected by written notice served on the offeror by the deadline stated in the offer.
(d) Objection to offer made before an offeror’s joinder or designation of responsible
third party. An offer made before an offeror joins another party or designates a
responsible third party may not be the basis for awarding litigation costs under this rule
against an offeree who files an objection to the offer within 15 days after service of the
offeror’s pleading or designation.
167.4 Awarding Litigation Costs.
(a) Generally. If a settlement offer made under this rule is rejected, and the judgment to be
awarded on the monetary claims covered by the offer is significantly less favorable to the
offeree than was the offer, the court must award the offeror litigation costs against the
offeree from the time the offer was rejected to the time of judgment.
(b) “Significantly less favorable” defined. A judgment award on monetary claims is
significantly less favorable than an offer to settle those claims if:(1) the offeree is a claimant and the judgment would be less than 80 percent of the
offer; or
(2) the offeree is a defendant and the judgment would be more than 120 percent of
the offer.
(c) Litigation costs. Litigation costs are the expenditures actually made and the obligations
actually incurred — directly in relation to the claims covered by a settlement offer under
this rule — for the following:
(1) court costs;
(2) reasonable fees for not more than two testifying expert witnesses; and
(3) reasonable attorney fees.
(d) Limits on litigation costs. The litigation costs that maybe awarded under this rule must
not exceed the following amount:
(1) the sum ofthe noneconomic damages, the exemplary or additional damages, and
one-half of the economic damages to be awarded to the claimant in the judgment;
minus
(2) the amount of any statutory or contractual liens in connectionwiththe occurrences
or incidents giving rise to the claim.
(e) No double recovery permitted. A party who is entitled to recover attorney fees and
costs under another lawmay not recover those same attorney fees and costs as litigation
costs under this rule.
(f) Limitation on attorney fees and costs recovered by a party against whom litigation
costs are awarded. A party against whom litigation costs are awarded maynot recover
attorney fees and costs under another law incurred after the date the party rejected the
settlement offer made the basis of the award.
(g) Litigation costs to be awarded to defendant as a setoff. Litigation costs awarded to
a defendant must be made a setoff to the claimant’s judgment against the defendant.
167.5 Procedures.
(a) Modification of time limits. On motion, and for good cause shown, the court may—
by written order made before commencement of trial on the merits — modify the time
limits for filing a declaration under Rule 167.2(a) or for making an offer.
(b) Discovery permitted. On motion, and for good cause shown, a party against whom
litigationcosts are to be awarded may conduct discovery to ascertain the reasonableness
of the costs requested. If the court determines the costs to be reasonable, it must order
the party requesting discovery to pay all attorney fees and expenses incurred by other
parties in responding to such discovery.
(c) Hearing required. The court must, upon request, conduct a hearing on a request for an
award of litigation costs, at which the affected parties may present evidence.
167.6 Evidence Not Admissible. Evidence relating to an offer made under this rule is not admissible
except for purposes of enforcinga settlement agreement or obtaininglitigationcosts. The provisions
of this rule may not be made known to the jury by any means.
167.7 Other Settlement Offers Not Affected. This rule does not apply to any offer made in a
mediation or arbitration proceeding. A settlement offer not made under this rule, or made in an
action to whichthis rule does not apply, cannot be the basis for awarding litigation costs under this
rule. This rule does not limit or affect a party’s right to make a settlement offer that does not
comply with this rule, or in an action to which this rule does not apply.
IN THE SUPREME COURT OF TEXAS
Misc. Docket No. 03– 9145
AMENDMENTS TO
THE TEXAS RULES OF CIVIL PROCEDURE,
THE TEXAS RULES OF APPELLATE PROCEDURE,
THE TEXAS RULES OF EVIDENCE, AND
THE TEXAS RULES OF JUDICIAL ADMINISTRATION
ORDERED that:
1. As required by the Act of June 2, 2003, 78th Leg., R.S., ch. 204, 2003 Tex. Gen.
Laws ___ (“HB 4), and in accordance with its mandatory deadlines:
a. Rule 166 of the Texas Rules of Civil Procedure is amended as follows,
effective September 1, 2003;
b. Rules 24.2(a)(1), 24.2(b), and 24.4(a) of the Texas Rules of Appellate
Procedure are amended, and Rules 24.2(c)-(d) are added, as follows, effective in all cases in
which a final judgment is signed on or after September 1, 2003 (see HB 4 §§ 7.02, 7.03,
7.04(b));
c. Rule 407(a) of the Texas Rules of Evidence is amended as follows, effective
in all cases filed on or after July 1, 2003 (see HB § 5.03, 23.02(c));
d. Rule 11.1 of the Texas Rules of Judicial Administration is amended, and Rule
11.7 is added, as follows, effective in all cases pending on August 31, 2003; and
e. Rule 13 of the Texas Rules of Judicial Administration is added as follows,
effective in all cases filed on or after September 1, 2003 (see HB 4 §§ 3.03, 23.02(a)).
Page 2
2. The Clerk is directed to:
a. file a copy of this Order with the Secretary of State;
b. cause a copy of this Order to be mailed to each registered member of the State
Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this Order to each elected member of the Legislature; and
d. submit a copy of the Order for publication in the Texas Register.
3. These amendments may be changed in response to comments received before
December 1, 2003. Any interested party may submit comments in writing as follows:
by mail addressed to Rules Attorney
The Supreme Court of Texas
P.O. Box 12248
Austin TX 7871
by fax to the attention of the Rules Attorney at 512-463-1365
by email to chris.griesel@courts.state.tx.us.
Page 3
SIGNED AND ENTERED this 29th day of August, 2003.
Thomas R. Phillips, Chief Justice
Nathan L. Hecht, Justice
Craig T. Enoch, Justice
Priscilla R. Owen, Justice
Harriet O’Neill, Justice
Wallace B. Jefferson, Justice
Michael H. Schneider, Justice
Steven Wayne Smith, Justice
J. Dale Wainwright, Justice
1. Rule 166, Texas Rules of Civil Procedure, is amended by adding the following paragraph to
the end of the rule:
Pretrial proceedings in multidistrict litigation may also be governed by Rules 11 and
13 of the Rules of Judicial Administration.
2. Rule 24.2(a)(1) of the Texas Rules of Appellate Procedure is amended as follows:
24.2. Amount of Bond, Deposit or Security
(a) Type of Judgment.
(1) For Recovery of Money. When the judgment is for money, the amount of the
bond, deposit, or security must be at least equal the amount sum of
compensatory damages awarded in the judgment, interest for the estimated
duration of the appeal, and costs awarded in the judgment. But the amount
must not exceed the lesser of:
(A) 50 percent of the judgment debtor’s current net worth; or
(B) 25 million dollars.
3. Rule 24.2(b) of the Texas Rules of Appellate Procedure is amended as follows:
24.2. Amount of Bond, Deposit or Security
* * *
(b) Lesser Amount. The trial court may order a lesser amount than must lower the
amount of security required by (a) to an amount that will not cause the judgment
debtor substantial economic harm if, after notice to all parties and a hearing, the court
finds:
(1) that posting a bond, deposit, or security in the amount required by (a) will
irreparably harm is likely to cause the judgment debtor substantial economic
harm; and
Page 5
(2) that posting a bond, deposit, or security in a lesser amount will not
substantially impair the judgment creditor’s ability to recover under the
judgment after all appellate remedies are exhausted.
4. Rules 24.2(c)-(d) of the Texas Rules of Appellate Procedure are added as follows:
24.2. Amount of Bond, Deposit or Security
* * *
(c) Determination of Net Worth.
(1) Judgment Debtor’s Affidavit Required; Contents; Prima Facie Evidence. A
judgment debtor who provides a bond, deposit, or security under (a)(2) in an
amount based on the debtor’s net worth must simultaneously file an affidavit
that states the debtor’s net worth and states complete, detailed information
concerning the debtor’s assets and liabilities from which net worth can be
ascertained. The affidavit is prima facie evidence of the debtor’s net worth.
(2) Contest; Discovery. A judgment creditor may file a contest to the debtor’s
affidavit of net worth. The contest need not be sworn. The creditor may
conduct reasonable discovery concerning the judgment debtor’s net worth.
(3) Hearing; Burden of Proof; Findings. The trial court must hear a judgment
creditor’s contest promptly after any discovery has been completed. The
judgment debtor has the burden of proving net worth. The trial court must
issue an order that states the debtor’s net worth and states with particularity
the factual basis for that determination.
(d) Injunction. The trial court may enjoin the judgment debtor from dissipating or
transferring assets to avoid satisfaction of the judgment, but the trial court may not
make any order that interferes with the judgment debtor’s use, transfer, conveyance,
or dissipation of assets in the normal course of business.
Page 6
5. Rules 24.4(a) of the Texas Rules of Appellate Procedure is amended as follows:
24.4. Appellate Review
(a) Motions; Review. On a party’s motion to the appellate court, that court may review:
(1) the sufficiency or excessiveness of the amount of security, but when the
judgment is for money, the appellate court must not modify the amount of
security to exceed the limits imposed by rule 24.2(a)(1);
(2) the sureties on any bond;
(3) the type of security;
(4) the determination whether to permit suspension of enforcement; and
(5) the trial court’s exercise of discretion under 24.3(a).
6. Rules 407(a) of the Texas Rules of Evidence is amended as follows:
RULE 407. Subsequent Remedial Measures; Notification of Defect
(a) Subsequent Remedial Measures. When, after an injury or harm allegedly caused by an
event, measures are taken which that, if taken previously, would have made the event injury or harm
less likely to occur, evidence of the subsequent remedial measures is not admissible to prove
negligence, or culpable conduct, a defect in a product, a defect in a product’s design, or a need for
a warning or instruction in connection with the event. This rule does not require the exclusion of
evidence of subsequent remedial measures when offered for another purpose, such as proving
ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.
Nothing in this rule shall preclude admissibility in products liability cases based on strict liability.
7. Rule 11.1 of the Texas Rules of Judicial Administration is amended as follows:
11.1 Applicability. This rule applies to any case filed before September 1, 2003, that involves
material questions of fact and law in common with another case pending in another court in
another county on or after October 1, 1997.
Page 7
8. Rule 11.7 of the Texas Rules of Judicial Administration is added as follows:
11.7 Relationship to Rule 13.
(a) Generally. This rule is to be construed and applied so as to facilitate the
implementation of Rule 13 to the greatest extent possible.
(b) Application of Rule 13 by Agreement of the Parties. Parties may agree to the
application of Rule 13. Such an agreement must be in writing and must be joined by
all parties to the case. An agreement is effective and irrevocable when it is filed with
the trial court if:
(1) no pretrial judge has been appointed in the case, or
(2) a pretrial judge has been appointed in the case, and the parties in all related
cases to which the same pretrial judge has been assigned have likewise agreed
to the application of Rule 13.
(c) Assignments of Pretrial Judges After September 1, 2003. An assignment of a pretrial
judge to any case after September 1, 2003, must be made in consultation with the
Chair of the Multidistrict Litigation Panel.
(d) Consultation of Pretrial Judges. In conducting pretrial proceedings and deciding
pretrial matters, a pretrial judge assigned under this rule must consult with the judge
of a pretrial court to which related cases have been transferred under Rule 13.
9. Rule 13 of the Texas Rules of Judicial Administration is added as follows:
Rule 13. Multidistrict Litigation
13.1 Authority and Applicability.
(a) Authority. This rule is promulgated under sections 74.161-.164 of the Texas
Government Code.
Page 8
(b) Applicability. This rule applies to civil actions that involve one or more common
questions of fact and that were filed in a constitutional county court, county court at
law, probate court, or district court on or after September 1, 2003. Cases filed before
that date are governed by Rule 11 of these rules.
13.2 Definitions. As used in this rule:
(a) MDL Panel means the judicial panel on multidistrict litigation designated pursuant
to section 74.161 of the Texas Government Code, including any temporary members
designated by the Chief Justice of the Supreme Court of Texas in his or her discretion
when regular members are unable to sit for any reason.
(b) Chair means the chair of the MDL Panel, who is designated by the Chief Justice of
the Supreme Court of Texas.
(c) MDL Panel Clerk means the Clerk of the Supreme Court of Texas.
(d) Trial court means the court in which a case is filed.
(e) Pretrial court means the district court to which related cases are transferred for
consolidated or coordinated pretrial proceedings under this rule.
(f) Related means that cases involve one or more common questions of fact.
(g) Tag-along case means a case related to cases in an MDL transfer order but not itself
the subject of an initial MDL motion or order.
13.3 Procedure for Requesting Transfer.
(a) Motion for Transfer; Who May File; Contents. A party in a case may move for
transfer of the case and related cases to a pretrial court. The motion must be in
writing and must:
(1) state the common question or questions of fact involved in the cases;
(2) contain a clear and concise explanation of the reasons that transfer would be
for the convenience of the parties and witnesses and would promote the just
and efficient conduct of the cases;
Page 9
(3) state whether all parties in those cases for which transfer is sought agree to
the motion; and
(4) contain an appendix that lists:
(A) the cause number, style, and trial court of the related cases for which
transfer is sought; and
(B) all parties in those cases and the names, addresses, telephone
numbers, fax numbers, and email addresses of all counsel.
(b) Request for Transfer by Judges. A trial court or a presiding judge of an
administrative judicial region may request a transfer of related cases to a pretrial
court. The request must be in writing and must list the cases to be transferred.
(c) Transfer on the MDL Panel’s Own Initiative. The MDL Panel may, on its own
initiative, issue an order to show cause why related cases should not be transferred
to a pretrial court.
(d) Response; Reply; Who May File; When to File. Any party in a related case may file:
(1) a response to a motion or request for transfer within twenty days after service
of such motion or request;
(2) a response to an order to show cause issued under subparagraph (c) within the
time provided in the order; and
(3) a reply to a response within ten days after service of such response.
(e) Form of Motion, Response, Reply, and Other Documents. A motion for transfer,
response, reply, or other document addressed to the MDLPanel must conform to the
requirements of Rule 9.4 of the Texas Rules of Appellate Procedure. Without leave
of the MDLPanel, the following must not exceed 20 pages: the portions of a motion
to transfer required by subparagraphs (a)(1)-(2); a response; and a reply. The MDL
Panel may request additional briefing from any party.
(f) Filing. A motion, request, response, reply, or other document addressed to the MDL
Panel must be filed with the MDL Panel Clerk. The MDL Panel Clerk may require
Page 10
that all documents also be transmitted to the clerk electronically. In addition, a party
must send a copy of the motion, response, reply, or other document to each member
of the MDL Panel.
(g) Filing Fees. The MDL Panel Clerk may set reasonable fees approved by the
Supreme Court of Texas for filing and other services provided by the clerk.
(h) Service. A party must serve a motion, response, reply, or other document on all
parties in related cases in which transfer is sought. The MDL Panel Clerk may
designate a party or parties to serve a request for transfer on all other parties. Service
is governed by Rule 9.5 of the Texas Rules of Appellate Procedure.
(i) Notice to Trial Court. A party must file in the trial court a notice — in the form
prescribed by the MDLPanel—that a motion for transfer has been filed. The MDL
Panel Clerk must cause such notice to be filed when a request for transfer by a judge
has been filed.
(j) Evidence. The MDL Panel will accept as true facts stated in a motion, response, or
reply unless another party contradicts them. A party may file evidence with the MDL
Panel Clerk only with leave of the MDL Panel. The MDL Panel may order parties
to submit evidence by affidavit or deposition and to file documents, discovery, or
stipulations from related cases.
(k) Hearing. The MDL Panel may decide any matter on written submission or after an
oral hearing before one or more of its members at a time and place of its choosing.
Notice of the date of submission or the time and place of oral hearing must be given
to all parties in all related cases.
(l) Decision. The MDL Panel may order transfer if three members concur in a written
order finding that related cases involve one or more common questions of fact, and
that transfer to a specified district court will be for the convenience of the parties and
witnesses and will promote the just and efficient conduct of the related cases.
(m) Orders Signed by Chair or Clerk; Members Identified. Every order of the MDL
Panel must be signed by either the chair or by the MDL Panel Clerk, and must
identify the members of the MDL Panel who concurred in the ruling.
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(n) Notice of Actions by MDL Panel. The MDL Panel Clerk must give notice to all
parties in all related cases of all actions of the MDL Panel, including orders to show
cause, settings of submissions and oral arguments, and decisions. The MDL Panel
Clerk may direct a party or parties to give such notice. The clerk may determine the
manner in which notice is to be given, including that notice should be given only by
email or fax.
(o) Retransfer. On its own initiative, on a party’s motion, or at the request of the pretrial
court, the MDL Panel may order cases transferred from one pretrial court to another
pretrial court when the pretrial judge has died, resigned, been replaced at an election,
requested retransfer, recused, or been disqualified, or in other circumstances when
retransfer will promote the just and efficient conduct of the cases.
13.4 Effect on the Trial Court of the Filing of a Motion for Transfer.
(a) No Automatic Stay. The filing of a motion under this rule does not limit the
jurisdiction of the trial court or suspend proceedings or orders in that court.
(b) Stay of Proceedings. The trial court or the MDL Panel may stay all or part of any
trial court proceedings until a ruling by the MDL Panel.
13.5 Transfer to a Pretrial Court.
(a) Transfer Effective upon Notice. A case is deemed transferred from the trial court to
the pretrial court when a notice of transfer is filed with the trial court and the pretrial
court. The notice must:
(1) list all parties who have appeared and remain in the case, and the names,
addresses, phone numbers, and bar numbers of their attorneys or, if a party
is pro se, the party’s name, address, and phone number;
(2) list those parties who have not yet appeared in the case; and
(3) attach a copy of the MDL transfer order.
(b) No Further Action in Trial Court. After notice of transfer is filed in the trial court,
the trial court must take no further action in the case except for good cause stated in
the order in which such action is taken and after conferring with the pretrial court.
Page 12
But service of any process already issued by the trial court may be completed and the
return filed in the pretrial court.
(c) Transfer of Files; Master File and New Files in the Pretrial Court. If the trial court
and pretrial court are in the same county, the trial court must transfer the case file to
the pretrial court in accordance with local rules governing the courts of that county.
If the trial court and pretrial court are not in the same county, the trial court clerk
must transmit the case file to the pretrial court clerk. The pretrial court clerk, after
consultation with the judge of the pretrial court, must establish a master file and open
new files for each case transferred using the information provided in the notice of
transfer. The pretrial court may direct the manner in which pretrial documents are
filed, including electronic filing.
(d) Filing Fees and Costs. Unless the MDL Panel assesses costs otherwise, the party
moving for transfer must pay the cost of refiling the transferred cases in the pretrial
court, including filing fees and other reasonable costs.
(e) Transfer of Tag-along Cases. A tag-along case is deemed transferred to the pretrial
court when a notice of transfer—in the form described in Rule 13.5(a)—is filed in
both the trial court and the pretrial court. Within 30 days after service of the notice,
a party to the case or to any of the related cases already transferred to the pretrial
court may move the pretrial court to remand the case to the trial court on the ground
that it is not a tag-along case. If the motion to remand is granted, the case must be
returned to the trial court, and costs including attorney fees may be assessed by the
pretrial court in its remand order. The order of the pretrial court may be appealed to
the MDL Panel by a motion for rehearing filed with the MDL Panel Clerk.
13.6 Proceedings in Pretrial Court.
(a) Judges Who May Preside. The MDL Panel may assign as judge of the pretrial court
any active district judge, or any former or retired district or appellate judge who is
approved by the Chief Justice of the Supreme Court of Texas. An assignment under
this rule is not subject to objection under chapter 74 of the Government Code. The
judge assigned as judge of the pretrial court has exclusive jurisdiction over each
related case transferred pursuant to this rule unless a case is retransferred by theMDL
Panel or is finally resolved or remanded to the trial court for trial.
Page 13
(b) Authority of Pretrial Court. The pretrial court has the authority to decide, in place
of the trial court, all pretrial matters in all related cases transferred to the court.
Those matters include, for example, jurisdiction, joinder, venue, discovery, trial
preparation (such as motions to strike expert witnesses, preadmission of exhibits, and
motions in limine), mediation, and disposition by means other than conventional trial
on the merits (such as default judgment, summary judgment, and settlement). The
pretrial court may set aside or modify any pretrial ruling made by the trial court
before transfer over which the trial court’s plenary power would not have expired had
the case not been transferred.
(c) Case Management. The pretrial court should apply sound judicial management
methods early, continuously, and actively, based on its knowledge of each individual
case and the entire litigation, in order to set fair and firm time limits tailored to
ensure the expeditious resolution of each case and the just and efficient conduct of
the litigation as a whole. After a case is transferred, the pretrial court should, at the
earliest practical date, conduct a hearing and enter a case management order. The
pretrial court should consider at the hearing, and its order should address, all matters
pertinent to the conduct of the litigation, including:
(1) settling the pleadings;
(2) determining whether severance, consolidation, or coordination with other
actions is desirable and whether identification of separable triable portions of
the case is desirable;
(3) scheduling preliminary motions;
(4) scheduling discovery proceedings and setting appropriate limitations on
discovery, including the establishment and timing of discovery procedures;
(5) issuing protective orders;
(6) scheduling alternative dispute resolution conferences;
(7) appointing organizing or liaison counsel;
(8) scheduling dispositive motions;
Page 14
(9) providing for an exchange of documents, including adopting a uniform
numbering system for documents, establishing a document depository, and
determining whether electronic service of discovery materials and pleadings
is warranted;
(10) determining if the use of technology, videoconferencing, or teleconferencing
is appropriate;
(11) considering such other matters the court or the parties deem appropriate for
the just and efficient resolution of the cases; and
(12) scheduling further conferences as necessary.
(d) Trial Settings. The pretrial court, in conjunction with the trial court, may set a
transferred case for trial at such a time and on such a date as will promote the
convenience of the parties and witnesses and the just and efficient disposition of all
related proceedings. The pretrial court must confer, or order the parties to confer,
with the trial court regarding potential trial settings or other matters regarding
remand. The trial court must cooperate reasonably with the pretrial court, and the
pretrial court must defer appropriately to the trial court’s docket. The trial court must
not continue or postpone a trial setting without the concurrence of the pretrial court.
13.7 Remand to Trial Court.
(a) No Remand If Final Disposition by Pretrial Court. A case in which the pretrial court
has rendered a final and appealable judgment will not be remanded to the trial court.
(b) Remand. The pretrial court may order remand of one or more cases, or separable
triable portions of cases, when pretrial proceedings have been completed to such a
degree that the purposes of the transfer have been fulfilled or no longer apply.
(c) Transfer of Files. When a case is remanded to the trial court, the clerk of the pretrial
court will send the case file to the trial court without retaining a copy unless
otherwise ordered. The parties may file in the remanded case copies of any pleadings
or orders from the pretrial court’s master file. The clerk of the trial court will reopen
the trial court file under the cause number of the trial court, without a new filing fee.
13.8 Pretrial court orders binding in the trial court after remand.
Page 15
(a) Generally. The trial court should recognize that to alter a pretrial court order without
a compelling justification would frustrate the purpose of consolidated and
coordinated pretrial proceedings. The pretrial court should recognize that its rulings
should not unwisely restrict a trial court from responding to circumstances that arise
following remand.
(b) Concurrence of the Pretrial Court Required to Change Its Orders. Without the
written concurrence of the pretrial court, the trial court cannot, over objection, vacate,
set aside, or modify pretrial court orders, including orders related to summary
judgment, jurisdiction, venue, joinder, special exceptions, discovery, sanctions
related to pretrial proceedings, privileges, the admissibility of expert testimony, and
scheduling.
(c) Exceptions. The trial court need not obtain the written concurrence of the pretrial
court to vacate, set aside, or modify pretrial court orders regarding the admissibility
of evidence at trial (other than expert evidence) when necessary because of changed
circumstances, to correct an error of law, or to prevent manifest injustice. But the
trial court must support its action with specific findings and conclusions in a written
order or stated on the record.
(d) Unavailability of Pretrial Court. If the pretrial court is unavailable to rule, for
whatever reason, the concurrence of the MDL Panel Chair must be obtained.
13.9 Review.
(a) MDLPanel Decision. Orders of the MDL Panel, including those granting or denying
motions for transfer, may be reviewed only by the Supreme Court in original
proceedings.
(b) Orders by the Trial Court and Pretrial Court. Orders and judgments of the trial
court and pretrial court maybe reviewed by the appellate court that regularly reviews
orders of the court in which the case is pending at the time review is sought,
irrespective of whether that court issued the order or judgment to be reviewed.
13.10 MDL Panel Rules. The MDL Panel will operate at the direction of its Chair in accordance
with rules prescribed by the panel and approved by the Supreme Court of Texas.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Instructions for Filing Form 14-317, Affidavit of Motor Vehicle Gift Transfer
The purpose of this affidavit is to document the gift of a motor vehicle to an eligible recipient as required by Texas Tax Code Section 152.062, Required Statements. What is a gift? A gift is the transfer of a motor vehicle between eligible parties for no consideration. Consideration includes anything given as payment such as cash, the assumption of a lien or other debt, payment for providing services or labor, or an exchange of real or tangible personal property.
A motor vehicle received as a gift from an eligible donor located out of state is subject to the $10 gift tax when the motor vehicle is brought into Texas. Eligible Gifts To qualify for the $10 gift tax rate, a motor vehicle must be received from one of the following eligible parties: • spouse (separate property only; vehicles held as community property are not subject to the tax); • parent/stepparent; father/mother-in-law; • grandparent/grandparent-in-law or grandchild/grandchild-in-law; • child/stepchild; son/daughter-in-law; • sibling/brother-in-law/sister-in-law; • guardian; • decedent’s estate (inherited/willed or through an Affidavit of Heirship for a Motor Vehicle); • nonprofit service organization qualifying under Internal Revenue Code (IRC) Section 501(c)(3), (gift tax applies when the 501(c)(3) organization is the donor or the recipient); or • certain revocable (living) trusts, typically used in estate planning, described in Tax Code Section 152.025. A motor vehicle transfer made without payment or consideration to an ineligible party is defined as a sale and subject to Standard Presumptive Value (SPV) procedures. See Texas Tax Code Section 152.0412, Standard Presumptive Value; Use By Tax Assessor-Collector, and Rule 3.79, Standard Presumptive Value. A motor vehicle excluded from SPV is subject to tax based on its appraised value, as provided by Rule 3.80, Motor Vehicles Transferred as a Gift or for No Consideration. Who Must File This affidavit must be submitted in person by either the donor or the recipient, with valid photo identification, to the county tax assessorcollector (TAC). If the vehicle is received as part of an inheritance, either the recipient or the person authorized to act on behalf of the estate (donor) must file the form in person with the TAC with valid photo identification, along with any documents required by the Texas Department of Motor Vehicles (TxDMV) for titling purposes.
When and Where to File:
This affidavit must be filed with the TAC of the county in which the Application for Texas Title (Form 130-U) is submitted. This affidavit must be accompanied by any required application fee, supporting documents, registration fee (if applicable) and any motor vehicle tax due. Do not send the affidavit to the Comptroller of Public Accounts. Documentation Required To be valid, this affidavit must be properly completed and contain the signatures of all principal parties to the transaction, sworn to and subscribed in front of one of these individuals: • a notary public of Texas or the equivalent from another state or jurisdiction; or • a TAC or an employee of the TAC, pursuant to Government Code Section 602.002. The party or parties whose signature is being acknowledged by the TAC or an employee of the TAC must do the following: • be present and sign the affidavit in front of the TAC or an employee of the TAC; or • have a signed power of attorney from any absent party or the signature of the absent party, notarized by a notary public of Texas or the equivalent from another state or jurisdiction. The absent party’s notarized signature may be reproduced (scanned or printed) or faxed. A motor vehicle title service may not file this affidavit. If the gift transfer is the result of an inheritance, the executor should sign the gift affidavit as “donor.”
Either the recipient (heir) or the person authorized to act on behalf of the estate (donor) must file this affidavit in person with valid photo identification with the TAC, along with any documents required by TxDMV for titling purposes (for example, letters testamentary, letters of administration or TxDMV Form VTR-262, Affidavit of Heirship for a Motor Vehicle). If the transfer is completed using an Affidavit of Heirship for a Motor Vehicle, only one heir is required to sign this affidavit as donor. When there are multiple donors or recipients signing, additional copies of this form should be used to document signatures and notary acknowledgements. Identification Required The person filing this affidavit must present one of the forms of identification listed below to the TAC at the time of filing. The identification provided must bear the name and photograph of the person filing the affidavit and must be unexpired.
The following forms of identification are acceptable: • a driver’s license or personal identification card issued by this state or another state of the United States; • an original passport issued by the United States or a foreign country; • an identification card or similar form of identification issued by the Texas Department of Criminal Justice; • a United States military identification card; or • an identification card or document issued by the U.S. Department of Homeland Security or the U.S. Citizenship and Immigration Services agency. Questions If you have questions or need more information, contact the Comptroller’s office at 1-800-252-1382 or at www.comptroller.texas.gov/taxhelp/. Rule 3.80, Motor Vehicles Transferred as a Gift or for No Consideration, explains the law and its provisions and is available on the Comptroller’s website at www.comptroller.texas.gov. You have certain rights under Chapters 552 and 559, Government Code, to review, request and correct information we have on file about you. Contact us at 1-800-252-1382 or at www.comptroller.texas.gov/taxhelp/.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Sample Forms “(Personalized Seal)” in the following examples means a seal containing the words “Notary Public, State of Texas” around a star of five points, the notary public’s name, and the date the notary public’s commission expires.
ACKNOWLEDGMENTS I. Form for Ordinary Certificate of Acknowledgment State of Texas County of _______________ Before me, (insert the name and character of the officer), on this day personally appeared ____________________, known to me (or proved to me on the oath of ______________ or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this __________ day of __________, (year). (Personalized Seal) Notary Public’s Signature II. Short Forms A. For a natural person acting in his/her own right: State of Texas County of _______________ This instrument was acknowledged before me on (date) by (name or names of person or persons acknowledging). (Personalized Seal) Notary Public’s Signature __________________________ __________________________ __________________________ B. For a natural person as principal acting by attorney-in-fact: State of Texas County of _______________ This instrument was acknowledged before me on (date) by (name of attorney-infact) as attorney-in-fact on behalf of (name of principal). (Personalized Seal) Notary Public’s Signature C. For a partnership acting by one or more partners: State of Texas County of _______________ This instrument was acknowledged before me on (date) by (name of acknowledging partner or partners), partner(s) on behalf of (name of partnership), a partnership. (Personalized Seal) Notary Public’s Signature D. For a corporation: State of Texas County of _______________ This instrument was acknowledged before me on (date) by (name of officer), (title of officer) of (name of corporation acknowledging), a (state of incorporation) corporation, on behalf of said corporation. (Personalized Seal) Notary Public’s Signature __________________________ __________________________ E. For a public officer, trustee, executor, administrator, guardian, or other representative: State of Texas County of _______________ This instrument was acknowledged before me on (date) by (name of representative) as (title of representative) of (name of entity or person represented). (Personalized Seal) Notary Public’s Signature F. Form of Certificate for Proof by Witness State of Texas County of _______________ Before me, (insert the name and character of the officer), on this day personally appeared ____________________, known to me (or proved to me on the oath of ______________), to be the person whose name is subscribed as a witness to the foregoing instrument of writing, and after being duly sworn by me stated on oath that he saw _______, the grantor or person who executed the foregoing instrument, subscribe the same (or that the grantor or person who executed such instrument of writing acknowledged in his presence that he had executed the same for the purposes and consideration therein expressed), and that he had signed the same as a witness at the request of the grantor (or person who executed the same.) Given under my hand and seal of office this __________ day of __________, (year). (Personalized Seal) Notary Public’s Signature _____________________ __________________________ __________________________
JURAT State of Texas County of _______________ Sworn to and subscribed before me on the __________ day of _______________, (year), by (name of signer). (Personalized Seal) Notary Public’s Signature
VERIFICATIONS Form 1: State of Texas County of _______________ _______________, personally appeared before me, and being first duly sworn declared that he/she signed this application in the capacity designated, if any, and further states that he/she has read the above application and the statements therein contained are true. (Personalized Seal) Notary Public’s Signature Form 2: State of Texas County of _______________ Before me, a notary public, on this day personally appeared _______________, known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct. (Personalized Seal) Notary Public’s Signature _____________________ __________________________ __________________________ OATH OR AFFIRMATION State of Texas County of_______________ I, (affiant), do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ___________________ of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Signature of Affiant Sworn to and subscribed before me by (affiant) on this __________ day of _______________, (year). (Personalized Seal) Notary Public’s Signature
DEPOSITION Certificate to Deposition Upon Written Questions State of Texas County of _______________ (Plaintiff) v. (Defendant) ) In the __________ Court ) of __________ County, Texas ) Cause No. _________ I hereby certify that the foregoing answers of __________, the witness forenamed, were signed and sworn to before me on (date), by said witness. (Personalized Seal) Notary Public’s Signature ________________________
PROTESTS (Insert bill or note or copy thereof) United States of America State of Texas County of _______________ Be it known that on the __________ day of __________, (year), at the request of (name), of __________, I, (notary public’s name), a notary public duly commissioned and sworn, residing in __________ County, Texas, did present the original (instrument), hereto attached, for $__________, with accrued interest thereon of $__________, dated __________, and demanded payment (or acceptance) thereof, which was refused. Whereupon I, at the request of the aforesaid __________, did protest, and by these presents do protest, as well against the drawer, maker, endorsers, and acceptors of said instruments as against all others whom it may concern, for exchange, costs, charges, damages, and interest already incurred and hereinafter to be incurred by reason of non-payment thereof. I further certify that on (date), notice in writing of the foregoing presentment, demand, refusal and protest was given by (persons and status) by depositing notices thereof in the post office at __________, Texas, postage paid, directed as follows: ____________________. I further certify that notices were left as follows: Notice left for _______________ at _______________ Notice left for _______________ at _______________ Each of the named places the reputed place of residence of the person for whom the notice was left. In testimony whereof I have hereunto set my hand and affixed my seal of office at __________, Texas, on __________ day of ________________, (year). (Personalized Seal) Notary Public’s Signature __________________________ __________________________
CERTIFIED COPY OF A NOTARIAL RECORD State of Texas County of _______________ On this __________ day of __________, (year), I certify, pursuant to Tex. Gov’t Code §406.014(c), that the preceding or attached document is a true, exact, complete, and unaltered copy made by me of (description of notarial record), the original of which is held in my custody as a notarial record. (Personalized Seal) Notary Public’s Signature
CERTIFIED COPY OF A NON-RECORDABLE DOCUMENT State of Texas County of _______________ On this __________ day of __________, (year), I certify that the preceding or attached document, is a true, exact, complete, and unaltered copy made by me of (description of document), presented to me by the document’s custodian, _______________, and that, to the best of my knowledge, the photocopied document is neither a public record nor a publicly recordable document, certified copies of which are available from an official source other than a notary. (Personalized Seal) Notary Public’s Signature
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Texas Rules of Civil Procedure
Table of Contents
PART I – GENERAL RULES
RULE 1. OBJECTIVE OF RULES
RULE 2. SCOPE OF RULES
RULE 3. CONSTRUCTION OF RULES
RULE 3a. LOCAL RULES
RULE 4. COMPUTATION OF TIME
RULE 5. ENLARGEMENT OF TIME
RULE 6. SUITS COMMENCED ON SUNDAY
RULE 7. MAY APPEAR BY ATTORNEY
RULE 8. ATTORNEY IN CHARGE
RULE 9. NUMBER OF COUNSEL HEARD
RULE 10. WITHDRAWAL OF ATTORNEY
RULE 11. AGREEMENTS TO BE IN WRITING
RULE 12. ATTORNEY TO SHOW AUTHORITY
RULE 13. EFFECT OF SIGNING PLEADINGS, MOTIONS AND OTHER
PAPERS; SANCTIONS
RULE 14. AFFIDAVIT BY AGENT
RULE 14b. RETURN OR OTHER DISPOSITION OF EXHIBITS
RULE 14c. DEPOSIT IN LIEU OF SURETY BOND
PART II – RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS
Section 1 – General Rules
RULE 15. WRITS AND PROCESSES
RULE 16. SHALL ENDORSE ALL PROCESS
RULE 17. OFFICER TO EXECUTE PROCESS
RULE 18. WHEN JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLED
RULE 18a. RECUSAL OR DISQUALIFICATION OF JUDGES
RULE 18b. GROUNDS FOR DISQUALIFICATION OR RECUSAL OF JUDGES
RULE 18c. RECORDING AND BROADCASTING OF COURT PROCEEDINGS
RULE 19. NON-ADJOURNMENT OF TERM
RULE 20. MINUTES READ AND SIGNED
RULE 21. FILING AND SERVING PLEADINGS AND MOTIONS
RULE 21a. METHODS OF SERVICE
RULE 21b. SANCTIONS FOR FAILURE TO SERVE OR DELIVERY A COPY OF
PLEADINGS AND MOTIONS
RULE 21c. PRIVACY PROTECTION FOR FILED DOCUMENTS
Section 2 – Institution of Suit
RULE 22. COMMENCED BY PETITION
RULE 23. SUITS TO BE NUMBERED CONSECUTIVELY
RULE 24. DUTY OF CLERK
RULE 25. CLERK’S FILE DOCKET
RULE 26. CLERK’S COURT DOCKET
RULE 27. ORDER OF CASES
Section 3 – Parties to Suits
RULE 28. SUITS IN ASSUMED NAME
RULE 29. SUIT ON CLAIM AGAINST DISSOLVED CORPORATION
RULE 30. PARTIES TO SUITS
RULE 31. SURETY NOT TO BE SUED ALONE
RULE 32. MAY HAVE QUESTION OF SURETYSHIP TRIED
RULE 33. SUITS BY OR AGAINST COUNTIES
RULE 34. AGAINST SHERIFF, ETC.
RULE 35. ON OFFICIAL BONDS
RULE 36. DIFFERENT OFFICIALS AND BONDSMEN
RULE 37. ADDITIONAL PARTIES
RULE 38. THIRD-PARTY PRACTICE
RULE 39. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
RULE 40. PERMISSIVE JOINDER OF PARTIES
RULE 41. MISJOINDER AND NON-JOINDER OF PARTIES
RULE 42. CLASS ACTIONS
RULE 43. INTERPLEADER
RULE 44. MAY APPEAR BY NEXT FRIEND
Section 4 – Pleading
A. General
RULE 45. DEFINITION AND SYSTEM
RULE 46. PETITION AND ANSWER; EACH ONE INSTRUMENT OF WRITING
RULE 47. CLAIMS FOR RELIEF
RULE 48. ALTERNATIVE CLAIMS FOR RELIEF
RULE 49. WHERE SEVERAL COUNTS
RULE 50. PARAGRAPHS, SEPARATE STATEMENTS
RULE 51. JOINDER OF CLAIMS AND REMEDIES
RULE 52. ALLEGING A CORPORATION
RULE 53. SPECIAL ACT OR LAW
RULE 54. CONDITIONS PRECEDENT
RULE 55. JUDGMENT
RULE 56. SPECIAL DAMAGE
RULE 57. SIGNING OF PLEADINGS
RULE 58. ADOPTION BY REFERENCE
RULE 59. EXHIBITS AND PLEADING
RULE 60. INTERVENOR’S PLEADINGS
RULE 61. TRIAL: INTERVENORS: RULES APPLY TO ALL PARTIES
RULE 62. AMENDMENT DEFINED
RULE 63. AMENDMENTS AND RESPONSIVE PLEADINGS
RULE 64. AMENDED INSTRUMENT
RULE 65. SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINAL
RULE 66. TRIAL AMENDMENT
RULE 67. AMENDMENTS TO CONFORM TO ISSUES TRIED WITHOUT OBJECTION
RULE 68. COURT MAY ORDER REPLEADER
RULE 69. SUPPLEMENTAL PETITION OR ANSWER
RULE 70. PLEADING: SURPRISE: COST
RULE 71. MISNOMER OF PLEADING
RULE 74. FILING WITH THE COURT DEFINED
RULE 75. FILED PLEADINGS; WITHDRAWAL
RULE 75a. FILING EXHIBITS: COURT REPORTER TO FILE WITH CLERK
RULE 75b. FILED EXHIBITS: WITHDRAWAL
RULE 76. MAY INSPECT PAPERS
RULE 76a. SEALING COURT RECORDS
RULE 77. LOST RECORDS AND PAPERS
Section 4 – Pleading
B. Pleadings of Plaintiff
RULE 78. PETITION; ORIGINAL AND SUPPLEMENTAL; INDORSEMENT
RULE 78a. CASE INFORMATION SHEET
RULE 79. THE PETITION
RULE 80. PLAINTIFF’S SUPPLEMENTAL PETITION
RULE 81. DEFENSIVE MATTERS
RULE 82. SPECIAL DEFENSES
Section 4 – Pleading
C. Pleadings of Defendant
RULE 83. ANSWER; ORIGINAL AND SUPPLEMENTAL; ENDORSEMENT
RULE 84. ANSWER MAY INCLUDE SEVERAL MATTERS
RULE 85. ORIGINAL ANSWER; CONTENTS
RULE 86. MOTION TO TRANSFER VENUE
RULE 87. DETERMINATION OF MOTION TO TRANSFER
RULE 88. DISCOVERY AND VENUE
RULE 89. TRANSFERRED IF MOTION IS SUSTAINED
RULE 90. WAIVER OF DEFECTS IN PLEADING
RULE 91. SPECIAL EXCEPTIONS
RULE 91a DISMISSAL OF BASELESS CAUSES OF ACTION
RULE 92. GENERAL DENIAL
RULE 93. CERTAIN PLEAS TO BE VERIFIED
RULE 94. AFFIRMATIVE DEFENSES
RULE 95. PLEAS OF PAYMENT
RULE 96. NO DISCONTINUANCE
RULE 97. COUNTERCLAIM AND CROSS-CLAIM
RULE 98. SUPPLEMENTAL ANSWERS
Section 5 – Citation
RULE 99. ISSUANCE AND FORM OF CITATION
RULE 103. WHO MAY SERVE
RULE 105. DUTY OF OFFICER OR PERSON RECEIVING
RULE 106. METHOD OF SERVICE
RULE 107. RETURN OF SERVICE
RULE 108. SERVICE IN ANOTHER STATE
RULE 108a. SERVICE OF PROCESS IN FOREIGN COUNTRIES
RULE 109. CITATION BY PUBLICATION
RULE 109a. OTHER SUBSTITUTED SERVICE
RULE 110. EFFECT OF RULES ON OTHER STATUTES
RULE 111. CITATION BY PUBLICATION IN ACTION AGAINST UNKNOWN HEIRS
OR STOCKHOLDERS OF DEFUNCT CORPORATIONS
RULE 112. PARTIES TO ACTION AGAINST UNKNOWN OWNERS OR CLAIMANTS
OF INTEREST IN LAND
RULE 113. CITATION BY PUBLICATION IN ACTIONS AGAINST UNKNOWN
OWNERS OR CLAIMANTS OF INTEREST IN LAND
RULE 114. CITATION BY PUBLICATION; REQUISITES
RULE 115. FORM OF PUBLISHED CITATION IN ACTIONS INVOLVING LAND
RULE 116. SERVICE OF CITATION BY PUBLICATION
RULE 117. RETURN OF CITATION BY PUBLICATION
RULE 117a. CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXES
RULE 118. AMENDMENT
RULE 119. ACCEPTANCE OF SERVICE
RULE 119a. COPY OF DECREE
RULE 120. ENTERING APPEARANCE
RULE 120a. SPECIAL APPEARANCE
RULE 121. ANSWER IS APPEARANCE
RULE 122. CONSTRUCTIVE APPEARANCE
RULE 123. REVERSAL OF JUDGMENT
RULE 124. NO JUDGMENT WITHOUT SERVICE
Section 6 – Costs and Security Therefor
RULE 125. PARTIES RESPONSIBLE
RULE 126. FEE FOR EXECUTION OF PROCESS, DEMAND
RULE 127. PARTIES LIABLE FOR OTHER COSTS
RULE 129. HOW COSTS COLLECTED
RULE 130. OFFICER TO LEVY
RULE 131. SUCCESSFUL PARTY TO RECOVER
RULE 133. COSTS OF MOTION
RULE 136. DEMAND REDUCED BY PAYMENTS
RULE 137. IN ASSAULT AND BATTERY, ETC.
RULE 138. COST OF NEW TRIALS
RULE 139. ON APPEAL AND CERTIORARI
RULE 140. NO FEE FOR COPY
RULE 141. COURT MAY OTHERWISE ADJUDGE COSTS
RULE 142. SECURITY FOR COSTS
RULE 143. RULE FOR COSTS
RULE 143a. COSTS ON APPEAL TO COUNTY COURT
RULE 144. JUDGMENT ON COST BOND
RULE 145. AFFIDAVIT ON INDIGENCY
RULE 146. DEPOSIT FOR COSTS
RULE 147. APPLIES TO ANY PARTY
RULE 148. SECURED BY OTHER BOND
RULE 149. EXECUTION FOR COSTS
Section 7 – Abatement and Discontinuance of Suit
RULE 150. DEATH OF PARTY
RULE 151. DEATH OF PLAINTIFF
RULE 152. DEATH OF DEFENDANT
RULE 153. WHEN EXECUTOR, ETC., DIES
RULE 154. REQUISITES OF SCIRE FACIAS
RULE 155. SURVIVING PARTIES
RULE 156. DEATH AFTER VERDICT OR CLOSE OF EVIDENCE
RULE 158. SUIT FOR THE USE OF ANOTHER
RULE 159. SUIT FOR INJURIES RESULTING IN DEATH
RULE 160. DISSOLUTION OF CORPORATION
RULE 161. WHERE SOME DEFENDANTS NOT SERVED
RULE 162. DISMISSAL OR NON-SUIT
RULE 163. DISMISSAL AS TO PARTIES SERVED, ETC.
RULE 165. ABANDONMENT
RULE 165a. DISMISSAL FOR WANT OF PROSECUTION
Section 8 – Pre-Trial Procedure
RULE 166. PRE-TRIAL CONFERENCE
RULE 166a. SUMMARY JUDGMENT
RULE 167. OFFER OF SETTLEMENT; AWARD OF LITIGATION COSTS
RULE 168. PERMISSION TO APPEAL
RULE 169. EXPEDITED ACTIONS
RULE 171. MASTER IN CHANCERY
RULE 172. AUDIT
RULE 173. GUARDIAN AD LITEM
RULE 174. CONSOLIDATION; SEPARATE TRIALS
RULE 175. ISSUE OF LAW AND DILATORY PLEAS
Section 9 – Evidence and Discovery
A. Evidence
RULE 176. SUBPOENAS
RULE 180. REFUSAL TO TESTIFY
RULE 181. PARTY AS WITNESS
RULE 183. INTERPRETERS
RULE 185. SUIT ON ACCOUNT
Section 9 – Evidence and Discovery
B. Discovery
RULE 190. DISCOVERY LIMITATIONS
RULE 191. MODIFYING DISCOVERY PROCEDURE AND LIMITATION;
CONFERENCE REQUIREMENT; SIGNING DISCLOSURES; DISCOVERY
REQUESTS, RESPONSES, AND OBJECTIONS; FILING REQUIREMENTS
RULE 192. PERMISSIBLE DISCOVERY; FORMS AND SCOPE; WORK PRODUCT;
PROTECTIVE ORDERS; DEFINITIONS
RULE 193. WRITTEN DISCOVERY: RESPONSE; OBJECTION; ASSERTION OF
PRIVILEGE; SUPPLEMENTATION AND AMENDMENT; FAILURE TO
TIMELY RESPOND; PRESUMPTION OR AUTHENTICITY
RULE 194. REQUESTS FOR DISCLOSURE
RULE 195. DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES
RULE 196. REQUESTS FOR PRODUCTION AND INSPECTION TO PARTIES; REQUESTS
AND MOTIONS FOR ENTRY UPON PROPERTY
RULE 197. INTERROGATORIES TO PARTIES
RULE 198. REQUESTS FOR ADMISSIONS
RULE 199. DEPOSITIONS UPON ORAL EXAMINATION
RULE 200. DEPOSITIONS UPON WRITTEN QUESTIONS
RULE 201. DEPOSITIONS IN FOREIGN JURISDICTIONS FOR USE IN TEXAS
PROCEEDINGS; DEPOSITIONS IN TEXAS FOR USE IN FOREIGN
PROCEEDINGS
RULE 202. DEPOSITIONS BEFORE SUIT OR TO INVESTIGATE CLAIMS
RULE 203. SIGNING, CERTIFICATION AND USE OF ORAL AND WRITTEN
DEPOSITIONS
RULE 204. PHYSICAL AND MENTAL EXAMINATION
RULE 205. DISCOVERY FROM NON-PARTIES
RULE 215. ABUSE OF DISCOVERY; SANCTIONS
Section 10 – The Jury in Court
RULE 216. REQUEST AND FEE FOR JURY TRIAL
RULE 217. OATH OF INABILITY
RULE 218. JURY DOCKET
RULE 219. JURY TRIAL DAY
RULE 220. WITHDRAWING CAUSE FROM JURY DOCKET
RULE 221. CHALLENGE TO THE ARRAY
RULE 222. WHEN CHALLENGE IS SUSTAINED
RULE 223. JURY LIST IN CERTAIN COUNTIES
RULE 224. PREPARING JURY LIST
RULE 225. SUMMONING TALESMAN
RULE 226. OATH TO JURY PANEL
RULE 226a. ADMONITORY INSTRUCTIONS TO JURY PANEL AND JURY
RULE 227. CHALLENGE TO JUROR
RULE 228. “CHALLENGE FOR CAUSE” DEFINED
RULE 229. CHALLENGE FOR CAUSE
RULE 230. CERTAIN QUESTIONS NOT TO BE ASKED
RULE 231. NUMBER REDUCED BY CHALLENGES
RULE 232. MAKING PEREMPTORY CHALLENGES
RULE 233. NUMBER OF PEREMPTORY CHALLENGES
RULE 234. LISTS RETURNED TO THE CLERK
RULE 235. IF JURY IS INCOMPLETE
RULE 236. OATH TO JURY
Section 11 – Trial of Causes
A. Appearance and Procedure
RULE 237. APPEARANCE DAY
RULE 237a. CASES REMANDED FROM FEDERAL COURT
RULE 238. CALL OF APPEARANCE DOCKET
RULE 239. JUDGMENT BY DEFAULT
RULE 239a. NOTICE OF DEFAULT JUDGMENT
RULE 240. WHERE ONLY SOME ANSWER
RULE 241. ASSESSING DAMAGES ON LIQUIDATED DEMANDS
RULE 243. UNLIQUIDATED DEMANDS
RULE 244. ON SERVICE BY PUBLICATION
RULE 245. ASSIGNMENT OF CASES FOR TRIAL
RULE 246. CLERK TO GIVE NOTICE OF SETTINGS
RULE 247. TRIED WHEN SET
RULE 248. JURY CASES
RULE 249. CALL OF NON-JURY DOCKET
Section 11 – Trial of Causes
B. Continuance and Change of Venue
RULE 251. CONTINUANCE
RULE 252. APPLICATION FOR CONTINUANCE
RULE 253. ABSENCE OF COUNSEL AS GROUND FOR CONTINUANCE
RULE 254. ATTENDANCE ON LEGISLATURE
RULE 255. CHANGE OF VENUE BY CONSENT
RULE 257. GRANTED ON MOTION
RULE 258. SHALL BE GRANTED
RULE 259. TO WHAT COUNTY
RULE 261. TRANSCRIPT ON CHANGE
Section 11 – Trial of Causes
C. The Trial
RULE 262. TRIAL BY THE COURT
RULE 263. AGREED CASE
RULE 264. VIDEOTAPE TRIAL
RULE 265. ORDER OF PROCEEDINGS ON TRIAL BY JURY
RULE 266. OPEN AND CLOSE – ADMISSION
RULE 267. WITNESSES PLACED UNDER RULE
RULE 268. MOTION FOR INSTRUCTED VERDICT
RULE 269. ARGUMENT
RULE 270. ADDITIONAL TESTIMONY
Section 11 – Trial of Causes
D. Charge to the Jury
RULE 271. CHARGE TO JURY
RULE 272. REQUISITES
RULE 273. JURY SUBMISSIONS
RULE 274. OBJECTIONS AND REQUESTS
RULE 275. CHARGE READ BEFORE ARGUMENT
RULE 276. REFUSAL OR MODIFICATION
RULE 277. SUBMISSION TO THE JURY
RULE 278. SUBMISSION OF QUESTIONS, DEFINITIONS, AND INSTRUCTIONS
RULE 279. OMISSIONS FROM THE CHARGE
Section 11 – Trial of Causes
E. Case to the Jury
RULE 280. PRESIDING JUROR OF JURY
RULE 281. PAPERS TAKEN TO THE JURY ROOM
RULE 282. JURY KEPT TOGETHER
RULE 283. DUTY OF OFFICER ATTENDING JURY
RULE 284. JUDGE TO CAUTION JURY
RULE 285. JURY MAY COMMUNICATE WITH COURT
RULE 286. JURY MAY RECEIVE FURTHER INSTRUCTIONS
RULE 287. DISAGREEMENT AS TO EVIDENCE
RULE 288. COURT OPEN FOR JURY
RULE 289. DISCHARGE OF JURY
Section 11 – Trial of Causes
F. Verdict
RULE 290. DEFINITION AND SUBSTANCE
RULE 291. FORM OF VERDICT
RULE 292. VERDICT BY PORTION OF ORIGINAL JURY
RULE 293. WHEN THE JURY AGREE
RULE 294. POLLING THE JURY
RULE 295. CORRECTION OF VERDICT
Section 11 – Trial of Causes
G. Findings by Court
RULE 296. REQUESTS FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW
RULE 297. TIME TO FILE FINDINGS OF FACT AND CONCLUSIONS OF LAW
RULE 298. ADDITIONAL OR AMENDED FINDINGS OF FACT AND CONCLUSIONS
OF LAW
RULE 299. OMITTED FINDINGS
RULE 299a. FINDINGS OF FACT TO BE SEPARATELY FILED AND NOT RECITED IN
A JUDGMENT
Section 11 – Trial of Causes
H. Judgments
RULE 300. COURT TO RENDER JUDGMENT
RULE 301. JUDGMENTS
RULE 302. ON COUNTERCLAIM
RULE 303. ON COUNTERCLAIM FOR COSTS
RULE 304. JUDGMENT UPON RECORD
RULE 305. PROPOSED JUDGMENT
RULE 306. RECITATION OF JUDGMENT
RULE 306a. PERIODS TO RUN FROM SIGNING OF JUDGMENT
RULE 306c. PREMATURELY FILED DOCUMENTS
RULE 307. EXCEPTIONS, ETC., TRANSCRIPT
RULE 308. COURT SHALL ENFORCE ITS DECREES
RULE 308a. IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
RULE 309. IN FORECLOSURE PROCEEDINGS
RULE 310. WRIT OF POSSESSION
RULE 311. ON APPEAL FROM PROBATE COURT
RULE 312. ON APPEAL FROM JUSTICE COURT
RULE 313. AGAINST EXECUTORS, ETC.
RULE 314. CONFESSION OF JUDGMENT
Section 11 – Trial of Causes
I. Remittitur and Correction
RULE 315. REMITTITUR
RULE 316. CORRECTION OF CLERICAL MISTAKES IN JUDGMENT RECORD
Section 11 – Trial of Causes
J. New Trials
RULE 320. MOTION AND ACTION OF COURT THEREON
RULE 321. FORM
RULE 322. GENERALITY TO BE AVOIDED
RULE 324. PREREQUISITES OF APPEAL
RULE 326. NOT MORE THAN TWO
RULE 327. FOR JURY MISCONDUCT
RULE 329. MOTION FOR NEW TRIAL ON JUDGMENT FOLLOWING CITATION BY
PUBLICATION
RULE 329a. COUNTY COURT CASES
RULE 329b. TIME FOR FILING MOTIONS
Section 11 – Trial of Causes
K. Certain District Courts
RULE 330. RULES OF PRACTICE AND PROCEDURE IN CERTAIN DISTRICT
COURTS
PART V – RULES OF PRACTICE IN JUSTICE COURTS
RULE 500. GENERAL RULES
RULE 501. CITATION AND SERVICE
RULE 502. INSTITUTION OF SUIT
RULE 503. DEFAULT JUDGMENT; PRE-TRIAL MATTERS; TRIAL
RULE 504. JURY
RULE 505. JUDGMENT; NEW TRIAL
RULE 506. APPEAL
RULE 507. ADMINISTRATIVE RULES FOR JUDGES AND COURT PERSONNEL
RULE 508. DEBT CLAIM CASES
RULE 509. REPAIR AND REMEDY CASES
RULE 510. EVICTION CASES
PART VI – RULES RELATING TO ANCILLARY PROCEEDINGS
Section 1 – Attachment
RULE 592. APPLICATION FOR WRIT OF ATTACHMENT AND ORDER
RULE 592a. BOND FOR ATTACHMENT
RULE 592b. FORM OF ATTACHMENT BOND
RULE 593. REQUISITES FOR WRIT
RULE 594. FORM FOR WRIT
RULE 595. SEVERAL WRITS
RULE 596. DELIVERY OF WRIT
RULE 597. DUTY OF OFFICER
RULE 598. LEVY, HOW MADE
RULE 598a. SERVICE OF WRIT ON DEFENDANT
RULE 599. DEFENDANT MAY REPLEVY
RULE 600. SALE OF PERISHABLE PROPERTY
RULE 601. TO PROTECT INTERESTS
RULE 602. BOND OF APPLICANT FOR SALE
RULE 603. PROCEDURE FOR SALE
RULE 604. RETURN OF SALE
RULE 605. JUDGE MAY MAKE NECESSARY ORDERS
RULE 606. RETURN OF WRIT
RULE 607. REPORT OF DISPOSITION OF PROPERTY
RULE 608. DISSOLUTION OR MODIFICATION OF WRIT OF ATTACHMENT
RULE 609. AMENDMENT
Section 2 – Distress Warrant
RULE 610. APPLICATION FOR DISTRESS WARRANT AND ORDER
RULE 611. BOND FOR DISTRESS WARRANT
RULE 612. REQUISITES FOR WARRANT
RULE 613. SERVICE OF WARRANT ON DEFENDANT
RULE 614. DEFENDANT MAY REPLEVY
RULE 614a. DISSOLUTION OR MODIFICATION OF DISTRESS WARRANT
RULE 615. SALE OF PERISHABLE PROPERTY
RULE 616. TO PROTECT INTERESTS
RULE 617. PROCEDURE FOR SALE
RULE 618. RETURN OF SALE
RULE 619. CITATION FOR DEFENDANT
RULE 620. PETITION
Section 3 – Executions
RULE 621. ENFORCEMENT OF JUDGMENT
RULE 621a. DISCOVERY AND ENFORCEMENT OF JUDGMENT
RULE 622. EXECUTION
RULE 623. ON DEATH OF EXECUTOR
RULE 624. ON DEATH OF NOMINAL PLAINTIFF
RULE 625. ON MONEY OF DECEASED
RULE 626. ON PROPERTY OF DECEASED
RULE 627. TIME FOR ISSUANCE
RULE 628. EXECUTION WITHIN THIRTY DAYS
RULE 629. REQUISITES OF EXECUTION
RULE 630. EXECUTION ON JUDGMENT FOR MONEY
RULE 631. EXECUTION FOR SALE OF PARTICULAR PROPERTY
RULE 632. EXECUTION FOR DELIVERY OF CERTAIN PROPERTY
RULE 633. EXECUTION FOR POSSESSION OR VALUE OF PERSONAL PROPERTY
RULE 634. EXECUTION SUPERSEDED
RULE 635. STAY OF EXECUTION IN JUSTICE COURT
RULE 636. INDORSEMENTS BY OFFICER
RULE 637. LEVY OF EXECUTION
RULE 638. PROPERTY NOT TO BE DESIGNATED
RULE 639. LEVY
RULE 640. LEVY ON STOCK RUNNING AT LARGE
RULE 641. LEVY ON SHARES OF STOCK
RULE 643. LEVY ON GOODS PLEDGED OR MORTGAGED
RULE 644. MAY GIVE DELIVERY BOND
RULE 645. PROPERTY MAY BE SOLD BY DEFENDANT
RULE 646. FORFEITED DELIVERY BOND
RULE 646a. SALE OF REAL PROPERTY
RULE 647. NOTICE OF SALE OF REAL PROPERTY
RULE 648. “COURTHOUSE DOOR” DEFINED
RULE 649. SALE OF PERSONAL PROPERTY
RULE 650. NOTICE OF SALE OF PERSONAL PROPERTY
RULE 651. WHEN EXECUTION IS NOT SATISFIED
RULE 652. PURCHASER FAILING TO COMPLY
RULE 653. RESALE OF PROPERTY
RULE 654. RETURN OF EXECUTION
RULE 655. RETURN OF EXECUTION BY MAIL
RULE 656. EXECUTION DOCKET
Section 4 – Garnishment
RULE 657. JUDGMENT FINAL FOR GARNISHMENT
RULE 658. APPLICATION FOR WRIT OF GARNISHMENT AND ORDER
RULE 658a. BOND FOR GARNISHMENT
RULE 659. CASE DOCKETED
RULE 661. FORM OF WRIT
RULE 661a. DISSOLUTION OR MODIFICATION OF WRIT OF GARNISHMENT
RULE 662. DELIVERY OF WRIT
RULE 663. EXECUTION AND RETURN OF WRIT
RULE 663a. SERVICE OF WRIT ON DEFENDANT
RULE 664. DEFENDANT MAY REPLEVY
RULE 665. ANSWER TO WRIT
RULE 666. GARNISHEE DISCHARGED
RULE 667. JUDGMENT BY DEFAULT
RULE 668. JUDGMENT WHEN GARNISHEE IS INDEBTED
RULE 669. JUDGMENT FOR EFFECTS
RULE 670. REFUSAL TO DELIVER EFFECTS
RULE 672. SALE OF EFFECTS
RULE 673. MAY TRAVERSE ANSWER
RULE 674. TRIAL OF ISSUES
RULE 675. DOCKET AND NOTICE
RULE 676. ISSUE TRIED IN OTHER CASES
RULE 677. COSTS
RULE 678. GARNISHEE DISCHARGED ON PROOF
RULE 679. AMENDMENT
Section 5 – Injunction
RULE 680. TEMPORARY RESTRAINING ORDER
RULE 681. TEMPORARY INJUNCTIONS: NOTICE
RULE 682. SWORN PETITION
RULE 683. FORM AND SCOPE OF INJUNCTION OR RESTRAINING ORDER
RULE 684. APPLICANT’S BOND
RULE 685. FILING AND DOCKETING
RULE 686. CITATION
RULE 687. REQUISITES OF WRIT
RULE 688. CLERK TO ISSUE WRIT
RULE 689. SERVICE AND RETURN
RULE 690. THE ANSWER
RULE 691. BOND ON DISSOLUTION
RULE 692. DISOBEDIENCE
RULE 693. PRINCIPLES OF EQUITY APPLICABLE
RULE 693a. BOND IN DIVORCE CASE
Section 6 – Mandamus
RULE 694. NO MANDAMUS WITHOUT NOTICE
Section 7 – Receivers
RULE 695. NO RECEIVER OF IMMOVABLE PROPERTY APPOINTED WITHOUT
NOTICE
RULE 695a. BOND, AND BOND IN DIVORCE CASES
Section 8 – Sequestration
RULE 696. APPLICATION FOR WRIT OF SEQUESTRATION AND ORDER
RULE 697. PETITION
RULE 698. BOND FOR SEQUESTRATION
RULE 699. REQUISITES OF WRIT
RULE 700. AMENDMENT
RULE 700a. SERVICE OF WRIT ON DEFENDANT
RULE 701. DEFENDANT MAY REPLEVY
RULE 702. BOND FOR PERSONAL PROPERTY
RULE 703. BOND FOR REAL ESTATE
RULE 704. RETURN OF BOND AND ENTRY OF JUDGMENT
RULE 705. DEFENDANT MAY RETURN SEQUESTERED PROPERTY
RULE 706. DISPOSITION OF THE PROPERTY BY OFFICER
RULE 707. EXECUTION
RULE 708. PLAINTIFF MAY REPLEVY
RULE 709. WHEN BOND FORFEITED
RULE 710. SALE OF PERISHABLE GOODS
RULE 711. ORDER OF SALE FOR
RULE 712. RETURN OF ORDER
RULE 712a. DISSOLUTION OR MODIFICATION OF WRIT OF SEQUESTRATION
RULE 713. SALE ON DEBT NOT DUE
RULE 714. PURCHASER’S BOND
RULE 715. RETURN OF BOND
RULE 716. RECOVERY ON BOND
Section 9 – Trial of Right of Property
RULE 717. CLAIMANT MUST MAKE AFFIDAVIT
RULE 718. PROPERTY DELIVERED TO CLAIMANT
RULE 719. BOND
RULE 720. RETURN OF BOND
RULE 721. OUT-COUNTY LEVY
RULE 722. RETURN OF ORIGINAL WRIT
RULE 723. DOCKETING CAUSE
RULE 724. ISSUES MADE UP
RULE 725. JUDGMENT BY DEFAULT
RULE 726. JUDGMENT OF NON-SUIT
RULE 727. PROCEEDINGS
RULE 728. BURDEN OF PROOF
RULE 729. COPY OF WRIT EVIDENCE
RULE 730. FAILURE TO ESTABLISH TITLE
RULE 731. EXECUTION SHALL ISSUE
RULE 732. RETURN OF PROPERTY BY CLAIMANT
RULE 733. CLAIM IS A RELEASE OF DAMAGES
RULE 734. LEVY ON OTHER PROPERTY
PART VII – RULES RELATING TO SPECIAL PROCEEDINGS
Section 1 – Procedures Related to Foreclosures of Certain Liens
RULE 735. FORECLOSURES REQUIRING A COURT ORDER
Rule 735.1. Liens Affected
Rule 735.2. Other Statutory and Contractual Foreclosure Provisions Unaltered
Rule 735.3. Judicial Foreclosure Unaffected
RULE 736. EXPEDITED FORECLOSURE PROCEEDING
Rule 736.1. Application
Rule 736.2. Costs
Rule 736.3. Citation
Rule 736.4. Discovery
Rule 736.5. Response
Rule 736.6. Hearing Required When Response Filed
Rule 736.7. Default When No Response Filed
Rule 736.8. Order
Rule 736.9. Effect of the Order
Rule 736.10. Bankruptcy
Rule 736.11. Automatic Stay and Dismissal if Independent Suit Filed
Rule 736.12. Attachment of Order to Trustee’s Deed
Rule 736.13. Promulgated Forms
Section 4 – Partition of Real Estate
RULE 756. PETITION
RULE 757. CITATION AND SERVICE
RULE 758. WHERE DEFENDANT IS UNKNOWN OR RESIDENCE IS UNKNOWN
RULE 759. JUDGMENT WHERE DEFENDANT CITED BY PUBLICATION
RULE 760. COURT SHALL DETERMINE, WHAT
RULE 761. APPOINTMENT OF COMMISSIONERS
RULE 762. WRIT OF PARTITION
RULE 763. SERVICE OF WRIT OF PARTITION
RULE 764. MAY APPOINT SURVEYOR
RULE 765. RETURN OF WRIT
RULE 766. SHALL PROCEED TO PARTITION
RULE 767. MAY CAUSE SURVEY
RULE 768. SHALL DIVIDE REAL ESTATE
RULE 769. REPORT OF COMMISSIONERS
RULE 770. PROPERTY INCAPABLE OF DIVISION
RULE 771. OBJECTIONS TO REPORT
Section 5 – Partition of Personal Property
RULE 772. PROCEDURE
RULE 773. VALUE ASCERTAINED
RULE 774. DECREE OF COURT EXECUTED
RULE 775. PROPERTY SOLD
Section 6 – Partition: Miscellaneous Provisions
RULE 776. CONSTRUCTION
RULE 777. PLEADING AND PRACTICE
RULE 778. COSTS
Section 7 – Quo Warranto
RULE 779. JOINDER OF PARTIES
RULE 780. CITATION TO ISSUE
RULE 781. PROCEEDINGS AS IN CIVIL CASES
RULE 782. REMEDY CUMULATIVE
Section 8 – Trespass to Try Title
RULE 783. REQUISITES OF PETITION
RULE 784. THE POSSESSOR SHALL BE DEFENDANT
RULE 785. MAY JOIN AS DEFENDANTS WHEN
RULE 786. WARRANTOR, ETC., MAY BE MADE A PARTY
RULE 787. LANDLORD MAY BECOME DEFENDANT
RULE 788. MAY FILE PLEA OF “NOT GUILTY” ONLY
RULE 789. PROOF UNDER SUCH PLEA
RULE 790. ANSWER TAKEN AS ADMITTING POSSESSION
RULE 791. MAY DEMAND ABSTRACT OF TITLE
RULE 792. TIME TO FILE ABSTRACT
RULE 793. ABSTRACT SHALL STATE, WHAT
RULE 794. AMENDED ABSTRACT
RULE 795. RULES IN OTHER CASES OBSERVED
RULE 796. SURVEYOR APPOINTED, ETC.
RULE 797. SURVEY UNNECESSARY, WHEN
RULE 798. COMMON SOURCE OF TITLE
RULE 799. JUDGMENT BY DEFAULT
RULE 800. PROOF EX PARTE
RULE 801. WHEN DEFENDANT CLAIMS PART ONLY
RULE 802. WHEN PLAINTIFF PROVES PART
RULE 803. MAY RECOVER A PART
RULE 804. THE JUDGMENT
RULE 805. DAMAGES
RULE 806. CLAIM FOR IMPROVEMENTS
RULE 807. JUDGMENT WHEN CLAIM FOR IMPROVEMENTS IS MADE
RULE 808. THESE RULES SHALL NOT GOVERN, WHEN
RULE 809. THESE RULES SHALL NOT GOVERN, WHEN
Section 9 – Suits Against Non-Residents
RULE 810. REQUISITES OF PLEADINGS
RULE 811. SERVICE BY PUBLICATION IN ACTIONS UNDER SECTION 17.003, CIVIL
PRACTICE AND REMEDIES CODE
RULE 812. NO JUDGMENT BY DEFAULT
RULE 813. SUIT TO EXTINGUISH LIEN
PART VII – CLOSING RULES
RULE 814. EFFECTIVE DATE
RULE 815. SUBSTANTIVE RIGHTS UNAFFECTED
RULE 816. JURISDICTION AND VENUE UNAFFECTED
RULE 818. REFERENCE TO FORMER STATUTES
RULE 819. PROCEDURE CONTINUED
RULE 820. WORKERS’ COMPENSATION LAW
RULE 821. PRIOR COURT RULES REPEALED
RULE 822. TITLE
TEXAS RULES OF CIVIL PROCEDURE
PART I – GENERAL RULES
RULE 1. OBJECTIVE OF RULES
The proper objective of rules of civil procedure is to obtain a just, fair, equitable and impartial
adjudication of the rights of litigants under established principles of substantive law. To the end that
this objective may be attained with as great expedition and dispatch and at the least expense both to
the litigants and to the state as may be practicable, these rules shall be given a liberal construction.
RULE 2. SCOPE OF RULES
These rules shall govern the procedure in the justice, county, and district courts of the State of Texas
in all actions of a civil nature, with such exceptions as may be hereinafter stated. Where any statute
in effect immediately prior to September 1, 1941, prescribed a rule of procedure in lunacy,
guardianship, or estates of decedents, or any other probate proceedings in the county court differing
from these Rules, and not included in the “List of Repealed Statutes,” such statute shall apply; and
where any statute in effect immediately prior to September 1, 1941, and not included in the “List of
Repealed Statutes,” prescribed a rule of procedure in any special statutory proceeding differing from
these rules, such statute shall apply. All statutes in effect immediately prior to September 1, 1941,
prescribing rules of procedure in bond or recognizance forfeitures in criminal cases are hereby
continued in effect as rules of procedure governing such cases, but where such statutes prescribed
no rules of procedure in such cases, these rules shall apply. All statutes in effect immediately prior
to September 1, 1941, prescribing rules of procedure in tax suits are hereby continued in effect as
rules of procedure governing such cases, but where such statutes prescribed no rules of procedure
in such cases, these rules shall apply; provided, however, that Rule 117a shall control with respect
to citation in tax suits.
RULE 3. CONSTRUCTION OF RULES
Unless otherwise expressly provided, the past, present or future tense shall each include the other;
the masculine, feminine, or neuter gender shall each include the other; and the singular and plural
number shall each include the other.
RULE 3a. LOCAL RULES
Each administrative judicial region, district court, county court, county court at law, and probate
court, may make and amend local rules governing practice before such courts, provided:
(1) that any proposed rule or amendment shall not be inconsistent with these rules or
with any rule of the administrative judicial region in which the court is located;
(2) no time period provided by these rules may be altered by local rules;
(3) any proposed local rule or amendment shall not become effective until it is submitted
and approved by the Supreme Court of Texas;
(4) any proposed local rule or amendment shall not become effective until at least thirty
days after its publication in a manner reasonably calculated to bring it to the attention
of attorneys practicing before the court or courts for which it is made;
(5) all local rules or amendments adopted and approved in accordance herewith are made
available upon request to members of the bar;
(6) no local rule, order, or practice of any court, other than local rules and amendments
which fully comply with all requirements of this Rule 3a, shall ever be applied to
determine the merits of any matter.
Notes and Comments
Comment to 1990 change: To make Texas Rules of Civil Procedure timetables mandatory and to
preclude use of unpublished local rules or other “standing” orders to local practices to determine
issues of substantive merit.
RULE 4. COMPUTATION OF TIME
In computing any period of time prescribed or allowed by these rules, by order of court, or by any
applicable statute, the day of the act, event, or default after which the designated period of time
begins to run is not to be included. The last day of the period so computed is to be included, unless
it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day
which is not a Saturday, Sunday, or legal holiday. Saturdays, Sundays, and legal holidays shall not
be counted for any purpose in any time period of five days or less in these rules, except that
Saturdays, Sundays, and legal holidays shall be counted for purpose of the three-day periods in Rules
21 and 21a, extending other periods by three days when service is made by mail.
Notes and Comments
Comment to 1990 change: Amended to omit counting Saturdays, Sundays and legal holidays in all
periods of less than five days with certain exceptions.
RULE 5. ENLARGEMENT OF TIME
When by these rules or by a notice given thereunder or by order of court an act is required or allowed
to be done at or within a specified time, the court for cause shown may, at any time in its discretion
(a) with or without motion or notice, order the period enlarged if application therefor is made before
the expiration of the period originally prescribed or as extended by a previous order; or (b) upon
motion permit the act to be done after the expiration of the specified period where good cause is
shown for the failure to act. The court may not enlarge the period for taking any action under the
rules relating to new trials except as stated in these rules.
If any document is sent to the proper clerk by first-class United States mail in an envelope or wrapper
properly addressed and stamped and is deposited in the mail on or before the last day for filing same,
the same, if received by the clerk not more than ten days tardily, shall be filed by the clerk and be
deemed filed in time. A legible postmark affixed by the United States Postal Service shall be prima
facie evidence of the date of mailing.
Notes and Comments
Comment to 1990 change: To make the last date for mailing under Rule 5 coincide with the last date
for filing.
RULE 6. SUITS COMMENCED ON SUNDAY
No civil suit shall be commenced nor process issued or served on Sunday, except in cases of
injunction, attachment, garnishment, sequestration, or distress proceedings; provided that citation
by publication published on Sunday shall be valid.
RULE 7. MAY APPEAR BY ATTORNEY
Any party to a suit may appear and prosecute or defend his rights therein, either in person or by an
attorney of the court.
RULE 8. ATTORNEY IN CHARGE
On the occasion of a party’s first appearance through counsel, the attorney whose signature first
appears on the initial pleadings for any party shall be the attorney in charge, unless another attorney
is specifically designated therein. Thereafter, until such designation is changed by written notice to
the court and all other parties in accordance with Rule 21a, said attorney in charge shall be
responsible for the suit as to such party.
All communications from the court or other counsel with respect to a suit shall be sent to the attorney
in charge.
[RULE 8a. Suspended effective December 30, 2003]
RULE 9. NUMBER OF COUNSEL HEARD
Not more than two counsel on each side shall be heard on any question or on the trial, except in
important cases, and upon special leave of the court.
RULE 10. WITHDRAWAL OF ATTORNEY
An attorney may withdraw from representing a party only upon written motion for good cause
shown. If another attorney is to be substituted as attorney for the party, the motion shall state: the
name, address, telephone number, telecopier number, if any, and State Bar of Texas identification
number of the substitute attorney; that the party approves the substitution; and that the withdrawal
is not sought for delay only. If another attorney is not to be substituted as attorney for the party, the
motion shall state: that a copy of the motion has been delivered to the party; that the party has been
notified in writing of his right to object to the motion; whether the party consents to the motion; the
party’s last known address and all pending settings and deadlines. If the motion is granted, the
withdrawing attorney shall immediately notify the party in writing of any additional settings or
deadlines of which the attorney has knowledge at the time of the withdrawal and has not already
notified the party. The Court may impose further conditions upon granting leave to withdraw. Notice
or delivery to a party shall be either made to the party in person or mailed to the party’s last known
address by both certified and regular first class mail. If the attorney in charge withdraws and another
attorney remains or becomes substituted, another attorney in charge must be designated of record
with notice to all other parties in accordance with Rule 21a.
Notes and Comments
Comment to 1990 change: The amendment repeals the present rule and clarifies the requirements
for withdrawal.
RULE 11. AGREEMENTS TO BE IN WRITING
Unless otherwise provided in these rules, no agreement between attorneys or parties touching any
suit pending will be enforced unless it be in writing, signed and filed with the papers as part of the
record, or unless it be made in open court and entered of record.
Notes and Comments
Comment to 1988 change: The amendment makes it clear that Rule 11 is subject to modification by
any other Rule of Civil Procedure.
RULE 12. ATTORNEY TO SHOW AUTHORITY
A party in a suit or proceeding pending in a court of this state may, by sworn written motion stating
that he believes the suit or proceeding is being prosecuted or defended without authority, cause the
attorney to be cited to appear before the court and show his authority to act. The notice of the motion
shall be served upon the challenged attorney at least ten days before the hearing on the motion. At
the hearing on the motion, the burden of proof shall be upon the challenged attorney to show
sufficient authority to prosecute or defend the suit on behalf of the other party. Upon his failure to
show such authority, the court shall refuse to permit the attorney to appear in the cause, and shall
strike the pleadings if no person who is authorized to prosecute or defend appears. The motion may
be heard and determined at any time before the parties have announced ready for trial, but the trial
shall not be unnecessarily continued or delayed for the hearing.
RULE 13. EFFECT OF SIGNING PLEADINGS, MOTIONS AND OTHER PAPERS;
SANCTIONS
The signatures of attorneys or parties constitute a certificate by them that they have read the pleading,
motion, or other paper; that to the best of their knowledge, information, and belief formed after
reasonable inquiry the instrument is not groundless and brought in bad faith or groundless and
brought for the purpose of harassment. Attorneys or parties who shall bring a fictitious suit as an
experiment to get an opinion of the court, or who shall file any fictitious pleading in a cause for such
a purpose, or shall make statements in pleading which they know to be groundless and false, for the
purpose of securing a delay of the trial of the cause, shall be held guilty of a contempt. If a pleading,
motion or other paper is signed in violation of this rule, the court, upon motion or upon its own
initiative, after notice and hearing, shall impose an appropriate sanction available under Rule 215-2b,
upon the person who signed it, a represented party, or both.
Courts shall presume that pleadings, motions, and other papers are filed in good faith. No sanctions
under this rule may be imposed except for good cause, the particulars of which must be stated in the
sanction order. “Groundless” for purposes of this rule means no basis in law or fact and not
warranted by good faith argument for the extension, modification, or reversal of existing law. A
general denial does not constitute a violation of this rule. The amount requested for damages does
not constitute a violation of this rule.
Notes and Comments
Comment to 1990 change: To require notice and hearing before a court determines to impose
sanctions, to specify that any sanction imposed be appropriate, and to eliminate the 90-day “grace”
period provided in the former version of the rule.
RULE 14. AFFIDAVIT BY AGENT
Whenever it may be necessary or proper for any party to a civil suit or proceeding to make an
affidavit, it may be made by either the party or his agent or his attorney.
[RULE 14a. Repealed effective September 1, 1986]
RULE 14b. RETURN OR OTHER DISPOSITION OF EXHIBITS
The clerk of the court in which the exhibits are filed shall retain and dispose of the same as directed
by the Supreme Court.
Supreme Court Order Relating to Retention and Disposition of Exhibits
In compliance with the provisions of Rule 14b, the Supreme Court hereby
directs that exhibits offered or admitted into evidence shall be retained and disposed
of by the clerk of the court in which the exhibits are filed upon the following basis.
This order shall apply only to: (1) those cases in which judgment has been
rendered on service of process by publication and in which no motion for new trial
was filed within two years after judgment was signed; and, (2) all other cases in
which judgment has been signed for one year and in which no appeal was perfected
or in which a perfected appeal was dismissed or concluded by a final judgement as
to all parties and the issuance of the appellate court’s mandate such that the case is
no longer pending on appeal or in the trial court.
The party who offered an exhibit may withdraw it from the clerk’s office
within thirty days of the later of (1) a case becoming subject to this order, or (2) the
effective date of this order. The clerk, unless otherwise directed by the court, may
dispose of any exhibits remaining after such time period.
RULE 14c. DEPOSIT IN LIEU OF SURETY BOND
Wherever these rules provide for the filing of a surety bond, the party may in lieu of filing the bond
deposit cash or other negotiable obligation of the government of the United States of America or any
agency thereof, or with leave of court, deposit a negotiable obligation of any bank or savings and
loan association chartered by the government of the United States of America or any state thereof
that is insured by the government of the United States of America or any agency thereof, in the
amount fixed for the surety bond, conditioned in the same manner as would be a surety bond for the
protection of other parties. Any interest thereon shall constitute a part of the deposit.
TEXAS RULES OF CIVIL PROCEDURE
PART II – RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS
SECTION 1. GENERAL RULES
RULE 15. WRITS AND PROCESS
The style of all writs and process shall be “The State of Texas;” and unless otherwise specially
provided by law or these rules every such writ and process shall be directed to any sheriff or any
constable within the State of Texas, shall be made returnable on the Monday next after expiration
of twenty days from the date of service thereof, and shall be dated and attested by the clerk with the
seal of the court impressed thereon; and the date of issuance shall be noted thereon.
RULE 16. SHALL ENDORSE ALL PROCESS
Every officer or authorized person shall endorse on all process and precepts coming to his hand the
day and hour on which he received them, the manner in which he executed them, and the time and
place the process was served and shall sign the returns officially.
RULE 17. OFFICER TO EXECUTE PROCESS
Except where otherwise expressly provided by law or these rules, the officer receiving any process
to be executed shall not be entitled in any case to demand his fee for executing the same in advance
of such execution, but his fee shall be taxed and collected as other costs in the case.
RULE 18. WHEN JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLED
If the judge dies, resigns, or becomes unable to hold court during the session of court duly convened
for the term, and the time provided by law for the holding of said court has not expired, such death,
resignation, or inability on the part of the judge shall not operate to adjourn said court for the term,
but such court shall be deemed to continue in session. If a successor to such judge shall qualify and
assume office during the term, or if a judge be transferred to said district from some other judicial
district, he may continue to hold said court for the term provided, and all motions undisposed of
shall be heard and determined by him, and statements of facts and bills of exception shall be
approved by him. If the time for holding such court expires before a successor shall qualify, and
before a judge can be transferred to said district from some other judicial district, then all motions
pending, including those for new trial, shall stand as continued in force until such successor has
qualified and assumed office, or a judge has been transferred to said district who can hold said court,
and thereupon such judge shall have power to act thereon at the succeeding term, or on an earlier
day in vacation, on notice to all parties to the motion, and such orders shall have the same effect as
if rendered in term time. The time for allowing statement of facts and bills of exception from such
orders shall date from the time the motion was decided.
RULE 18a. RECUSAL AND DISQUALIFICATION OF JUDGES
(a) Motion; Form and Contents. A party in a case in any trial court other than a statutory
probate court or justice court may seek to recuse or disqualify a judge who is sitting in the
case by filing a motion with the clerk of the court in which the case is pending. The motion:
(1) must be verified;
(2) must assert one or more of the grounds listed in Rule 18b;
(3) must not be based solely on the judge’s ruling in the case; and
(4) must state with detail and particularity facts that:
(A) are within the affiant’s personal knowledge, except that facts may be stated
on information and belief if the basis for that belief is specifically stated;
(B) would be admissible in evidence; and
(C) if proven, would be sufficient to justify recusal or disqualification.
(b) Time for Filing Motion.
(1) Motion to Recuse. A motion to recuse:
(A) must be filed as soon as practicable after the movant knows of the ground
stated in the motion; and
(B) must not be filed after the tenth day before the date set for trial or other
hearing unless, before that day, the movant neither knew nor reasonably
should have known:
(i) that the judge whose recusal is sought would preside at the trial or
hearing; or
(ii) that the ground stated in the motion existed.
(2) Motion to Disqualify. A motion to disqualify should be filed as soon as practicable
after the movant knows of the ground stated in the motion.
(c) Response to Motion.
(1) By Another Party. Any other party in the case may, but need not, file a response to
the motion. Any response must be filed before the motion is heard.
(2) By the Respondent Judge. The judge whose recusal or disqualification is sought
should not file a response to the motion.
(d) Service of Motion or Response. A party who files a motion or response must serve a copy
on every other party. The method of service must be the same as the method of filing. If
possible.
(e) Duty of the Clerk.
(1) Delivery of a Motion or Response. When a motion or response is filed, the clerk of
the court must immediately deliver a copy to the respondent judge and to the
presiding judge of the administrative judicial region in which the court is located
(“the regional presiding judge”).
(2) Delivery of Order of Recusal or Referral. When a respondent judge signs and files
an order of recusal or referral, the clerk of the court must immediately deliver a copy
to the regional presiding judge.
(f) Duties of the Respondent Judge; Failure to Comply.
(1) Responding to the Motion. Regardless of whether the motion complies with this
rule, the respondent judge, within three business days after the motion is filed, must
either:
(A) sign and file with the clerk an order of recusal or disqualification; or
(B) sign and file with the clerk an order referring the motion to the regional
presiding judge.
(2) Restrictions on Further Action.
(A) Motion Filed Before Evidence Offered at Trial. If a motion is filed before
evidence has been offered at trial, the respondent judge must take no further
action in the case until the motion has been decided, except for good cause
stated in writing or on the record.
(B) Motion Filed After Evidence Offered at Trial. If a motion is filed after
evidence has been offered at trial, the respondent judge may proceed, subject
to stay by the regional presiding judge.
(3) Failure to Comply. If the respondent judge fails to comply with a duty imposed by
this rule, the movant may notify the regional presiding judge.
(g) Duties of Regional Presiding Judge.
(1) Motion. The regional presiding judge must rule on a referred motion or assign a
judge to rule. If a party files a motion to recuse or disqualify the regional presiding
judge, the regional presiding judge may still assign a judge to rule on the original,
referred motion. Alternatively, the regional presiding judge may sign and file with
the clerk an order referring the second motion to the Chief Justice for consideration.
(2) Order. The ruling must be by written order.
(3) Summary Denial for Noncompliance.
(A) Motion to Recuse. A motion to recuse that does not comply with this rule
may be denied without an oral hearing. The order must state the nature of the
noncompliance. Even if the motion is amended to correct the stated
noncompliance, the motion will count for purposes of determining whether
a tertiary recusal motion has been filed under the Civil Practice and
Remedies Code.
(B) Motion to Disqualify. A motion to disqualify may not be denied on the
ground that it was not filed or served in compliance with this rule.
(4) Interim Orders. The regional presiding judge or judge assigned to decide the motion
may issue interim or ancillary orders in the pending case as justice may require.
(5) Discovery. Except by order of the regional presiding judge or the judge assigned to
decide the motion, a subpoena or discovery request may not issue to the respondent
judge and may be disregarded unless accompanied by the order.
(6) Hearing.
(A) Time. The motion must be heard as soon as practicable and may be heard
immediately after it is referred to the regional presiding judge or an assigned
judge.
(B) Notice. Notice of the hearing must be given to all parties in the case.
(C) By Telephone. The hearing may be conducted by telephone on the record.
Documents submitted by facsimile or email, otherwise admissible under the
rules of evidence, may be considered.
(7) Reassignment of Case if Motion Granted. If the motion is granted, the regional
presiding judge must transfer the case to another court or assign another judge to the
case.
(h) Sanctions. After notice and hearing, the judge who hears the motion may order the party or
attorney who filed the motion, or both, to pay the reasonable attorney fees and expenses
incurred by other parties if the judge determines that the motion was:
(1) groundless and filed in bad faith or for the purpose of harassment, or
(2) clearly brought for unnecessary delay and without sufficient cause.
(i) Chief Justice. The Chief Justice of the Supreme Court of Texas may assign judges and issue
any orders permitted by this rule or pursuant to statute.
(j) Appellate Review.
(1) Order on Motion to Recuse.
(A) Denying Motion. An order denying a motion to recuse may be reviewed
only for abuse of discretion on appeal from the final judgment.
(B) Granting Motion. An order granting a motion to recuse is final and cannot
be reviewed by appeal, mandamus, or otherwise.
(2) Order on Motion to Disqualify. An order granting or denying a motion to disqualify
may be reviewed by mandamus and may be appealed in accordance with other law.
RULE 18b. GROUNDS FOR RECUSAL AND DISQUALIFICATION OF JUDGES
(a) Grounds for Disqualification. A judge must disqualify in any proceeding in which:
(1) the judge has served as a lawyer in the matter in controversy, or a lawyer with whom
the judge previously practiced law served during such association as a lawyer
concerning the matter;
(2) the judge knows that, individually or as a fiduciary, the judge has an interest in the
subject matter in controversy; or
(3) either of the parties may be related to the judge by affinity or consanguinity within
the third degree.
(b) Grounds for Recusal. A judge must recuse in any proceeding in which:
(1) the judge’s impartiality might reasonably be questioned;
(2) the judge has a personal bias or prejudice concerning the subject matter or a party;
(3) the judge has personal knowledge of disputed evidentiary facts concerning the
proceeding;
(4) the judge or a lawyer with whom the judge previously practiced law has been a
material witness concerning the proceeding;
(5) the judge participated as counsel, adviser, or material witness in the matter in
controversy, or expressed an opinion concerning the merits of it, while acting as an
attorney in government service;
(6) the judge knows that the judge, individually or as a fiduciary, or the judge’s spouse
or minor child residing in the judge’s household, has a financial interest in the
subject matter in controversy or in a party to the proceeding, or any other interest that
could be substantially affected by the outcome of the proceeding;
(7) the judge or the judge’s spouse, or a person within the third degree of relationship
to either of them, or the spouse of such a person:
(A) is a party to the proceeding or an officer, director, or trustee of a party;
(B) is known by the judge to have an interest that could be substantially affected
by the outcome of the proceeding; or
(C) is to the judge’s knowledge likely to be a material witness in the proceeding.
(8) the judge or the judge’s spouse, or a person within the first degree of relationship to
either of them, or the spouse of such a person, is acting as a lawyer in the proceeding.
(c) Financial Interests. A judge should inform himself or herself about personal and fiduciary
financial interests, and make a reasonable effort to inform himself or herself about the
personal financial interests of his or her spouse and minor children residing in the household.
(d) Terminology and Standards. In this rule:
(1) “proceeding” includes pretrial, trial, or other stages of litigation;
(2) the degree of relationship is calculated according to the civil law system;
(3) “fiduciary” includes such relationships as executor, administrator, trustee, and
guardian;
(4) “financial interest” means ownership of a legal or equitable interest, however small,
or a relationship as director, adviser, or other active participant in the affairs of a
party, except that:
(A) ownership in a mutual or common investment fund that holds securities is not
a “financial interest” in such securities unless the judge participates in the
management of the fund;
(B) an office in an educational, religious, charitable, fraternal, or civic
organization is not a “financial interest” in securities held by the
organization;
(C) the proprietary interest of a policyholder in a mutual insurance company, of
a depositor in a mutual savings association, or a similar proprietary interest,
is a “financial interest” in the organization only if the outcome of the
proceeding could substantially affect the value of the interest;
(D) ownership of government securities is a “financial interest” in the issuer only
if the outcome of the proceeding could substantially affect the value of the
securities;
(E) an interest as a taxpayer or utility ratepayer, or any similar interest, is not a
“financial interest” unless the outcome of the proceeding could substantially
affect the liability of the judge or a person related to him within the third
degree more than other judges.
(e) Waiving a Ground for Recusal. The parties to a proceeding may waive any ground for
recusal after it is fully disclosed on the record.
(f) Discovery and Divestiture. If a judge does not discover that the judge is recused under
subparagraphs (b)(6) or (b)(7)(B) until after the judge has devoted substantial time to the
matter, the judge is not required to recuse himself or herself if the judge or the person related
to the judge divests himself or herself of the interest that would otherwise require recusal.
Comment to 2011 Change: Rule 18a governs the procedure for recusing or disqualifying a
judge sitting in any trial court other than a statutory probate court, justice court, or municipal court.
Chapter 25 of the Government Code governs statutory probate courts, Rule 528 governs justice
courts, and Chapter 29 of the Government Code governs municipal courts. Under Rule 18a, a
judge’s rulings may not be the sole basis for a motion to recuse or disqualify the judge. But when
one or more sufficient other bases are raised, the judge hearing the motion may consider evidence
of rulings when considering whether to grant the motion. For purposes of this rule, the term
“rulings” is not meant to encompass a judge’s statements or remarks about a case.
The amendments to Rule 18b are not intended to be substantive.
RULE 18c. RECORDING AND BROADCASTING OF COURT PROCEEDINGS
A trial court may permit broadcasting, televising, recording, or photographing of proceedings in the
courtroom only in the following circumstances:
(a) in accordance with guidelines promulgated by the Supreme Court for civil cases, or
(b) when broadcasting, televising, recording, or photographing will not unduly distract
participants or impair the dignity of the proceedings and the parties have consented,
and consent to being depicted or recorded is obtained from each witness whose
testimony will be broadcast, televised, or photographed, or
(c) the broadcasting, televising, recording, or photographing of investiture, or
ceremonial proceedings.
RULE 19. NON-ADJOURNMENT OF TERM
Every term of court shall commence and convene by operation of law at the time fixed by statute
without any act, order, or formal opening by a judge or other official thereof, and shall continue to
be open at all times until and including the last day of the term unless sooner adjourned by the judge
thereof.
RULE 20. MINUTES READ AND SIGNED
On the last day of the session, the minutes shall be read, corrected and signed in open court by the
judge. Each special judge shall sign the minutes of such proceedings as were had by him.
RULE 21. FILING AND SERVING PLEADINGS AND MOTIONS
(a) Filing and Service Required. Every pleading, plea, motion, or application to the court for
an order, whether in the form of a motion, plea, or other form of request, unless presented during
a hearing or trial, must be filed with the clerk of the court in writing, must state the grounds therefor,
must set forth the relief or order sought, and at the same time a true copy must be served on all other
parties, and must be noted on the docket.
(b) Service of Notice of Hearing. An application to the court for an order and notice of any
hearing thereon, not presented during a hearing or trial, must be served upon all other parties not less
than three days before the time specified for the hearing, unless otherwise provided by these rules
or shortened by the court.
(c) Multiple Parties. If there is more than one other party represented by different attorneys, one
copy of each pleading must be served on each attorney in charge.
(d) Certificate of Service. The party or attorney of record, must certify to the court compliance
with this rule in writing over signature on the filed pleading, plea, motion, or application.
(e) Additional Copies. After one copy is served on a party, that party may obtain another copy
of the same pleading upon tendering reasonable payment for copying and delivering.
(f) Electronic Filing.
(1) Requirement. Except in juvenile cases under Title 3 of the Family Code, attorneys
must electronically file documents in courts where electronic filing has been mandated.
Attorneys practicing in courts where electronic filing is available but not mandated and
unrepresented parties may electronically file documents, but it is not required.
(2) Email Address. The email address of an attorney or unrepresented party who
electronically files a document must be included on the document.
(3) Mechanism. Electronic filing must be done through the electronic filing manager
established by the Office of Court Administration and an electronic filing service provider
certified by the Office of Court Administration.
(4) Exceptions.
(A) Wills are not required to be filed electronically.
(B) The following documents must not be filed electronically:
(i) documents filed under seal or presented to the court in camera; and
(ii) documents to which access is otherwise restricted by law or court
order.
(C) For good cause, a court may permit a party to file other documents in paper
form in a particular case.
(5) Timely Filing. Unless a document must be filed by a certain time of day, a document
is considered timely filed if it is electronically filed at any time before midnight (in the
court’s time zone) on the filing deadline. An electronically filed document is deemed filed
when transmitted to the filing party’s electronic filing service provider, except:
(A) if a document is transmitted on a Saturday, Sunday, or legal holiday, it is
deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and
(B) if a document requires a motion and an order allowing its filing, the
document is deemed filed on the date that the motion is granted.
(6) Technical Failure. If a document is untimely due to a technical failure or a system
outage, the filing party may seek appropriate relief from the court. If the missed deadline
is one imposed by these rules, the filing party must be given a reasonable extension of time
to complete the filing.
(7) Electronic Signatures. A document that is electronically served, filed, or issued by
a court or clerk is considered signed if the document includes:
(A) a “/s/” and name typed in the space where the signature would otherwise
appear, unless the document is notarized or sworn; or
(B) an electronic image or scanned image of the signature.
(8) Format. An electronically filed document must:
(A) be in text-searchable portable document format (PDF);
(B) be directly converted to PDF rather than scanned, if possible;
(C) not be locked; and
(D) otherwise comply with the Technology Standards set by the Judicial
Committee on Information Technology and approved by the Supreme Court.
(9) Paper Copies. Unless required by local rule, a party need not file a paper copy of
an electronically filed document.
(10) Electronic Notices From the Court. The clerk may send notices, orders, or other
communications about the case to the party electronically. A court seal may be electronic.
(11) Non-Conforming Documents. The clerk may not refuse to file a document that fails
to conform with this rule. But the clerk may identify the error to be corrected and state a
deadline for the party to resubmit the document in a conforming format.
(12) Original Wills. When a party electronically files an application to probate a document
as an original will, the original will must be filed with the clerk within three business days
after the application is filed.
(13) Official Record. The clerk may designate an electronically filed document or a
scanned paper document as the official court record. The clerk is not required to keep both
paper and electronic versions of the same document unless otherwise required by local rule.
But the clerk must retain an original will filed for probate in a numbered file folder.
Comment to 2013 Change: Rule 21 is revised to incorporate rules for electronic filing, in
accordance with the Supreme Court’s order – Misc. Docket No. 12-9206, amended by Misc. Docket
Nos. 13-9092 and 13-9164 – mandating electronic filing in civil cases beginning on January 1, 2014.
The mandate will be implemented according to the schedule in the order and will be completed by
July 1, 2016. The revisions reflect the fact that the mandate will only apply to a subset of Texas
courts until that date.
RULE 21a. METHODS OF SERVICE
(a) Methods of Service. Every notice required by these rules, and every pleading, plea, motion,
or other form of request required to be served under Rule 21, other than the citation to be served
upon the filing of a cause of action and except as otherwise expressly provided in these rules, may
be served by delivering a copy to the party to be served, or the party’s duly authorized agent or
attorney of record in the manner specified below:
(1) Documents Filed Electronically. A document filed electronically under Rule 21 must
be served electronically through the electronic filing manager if the email address of the
party or attorney to be served is on file with the electronic filing manager. If the email
address of the party or attorney to be served is not on file with the electronic filing manager,
the document may be served on that party or attorney under subparagraph (2).
(2) Documents Not Filed Electronically. A document not filed electronically may be
served in person, by mail, by commercial delivery service, by fax, by email, or by such other
manner as the court in its discretion may direct.
(b) When Complete.
(1) Service by mail or commercial delivery service shall be complete upon deposit of the
document, postpaid and properly addressed, in the mail or with a commercial delivery
service.
(2) Service by fax is complete on receipt. Service completed after 5:00 p.m. local time
of the recipient shall be deemed served on the following day.
(3) Electronic service is complete on transmission of the document to the serving party’s
electronic filing service provider. The electronic filing manager will send confirmation of
service to the serving party.
(c) Time for Action After Service. Whenever a party has the right or is required to do some act
within a prescribed period after the service of a notice or other paper upon him and the notice or
paper is served upon him by mail, three days shall be added to the prescribed period.
(d) Who May Serve. Notice may be served by a party to the suit, an attorney of record, a sheriff
or constable, or by any other person competent to testify.
(e) Proof of Service. The party or attorney of record shall certify to the court compliance with
this rule in writing over signature and on the filed instrument. A certificate by a party or an attorney
of record, or the return of the officer, or the affidavit of any other person showing service of a notice
shall be prima facie evidence of the fact of service. Nothing herein shall preclude any party from
offering proof that the document was not received, or, if service was by mail, that the document was
not received within three days from the date that it was deposited in the mail, and upon so finding,
the court may extend the time for taking the action required of such party or grant such other relief
as it deems just.
(f) Procedures Cumulative. These provisions are cumulative of all other methods of service
prescribed by these rules.
Comment to 2013 Change: Rule 21a is revised to incorporate rules for electronic service in
accordance with the Supreme Court’s order – Misc. Docket No. 12-9206, amended by Misc. Docket
Nos. 13-9092 and 13-9164 – mandating electronic filing in civil cases beginning on January 1, 2014.
RULE 21b. SANCTIONS FOR FAILURE TO SERVE OR DELIVER COPY OF
PLEADINGS AND MOTIONS
If any party fails to serve on or deliver to the other parties a copy of any pleading, plea, motion, or
other application to the court for an order in accordance with Rules 21 and 21a, the court may in its
discretion, after notice and hearing, impose an appropriate sanction available under Rule 215-2b.
[RULE 21c. Repealed effective September 1, 1986]
RULE 21c. PRIVACY PROTECTION FOR FILED DOCUMENTS.
(a) Sensitive Data Defined. Sensitive data consists of:
(1) a driver’s license number, passport number, social security number, tax identification
number, or similar government-issued personal identification number;
(2) a bank account number, credit card number, or other financial account number; and
(3) a birth date, a home address, and the name of any person who was a minor when the
underlying suit was filed.
(b) Filing of Documents Containing Sensitive Data Prohibited. Unless the inclusion of sensitive
data is specifically required by a statute, court rule, or administrative regulation, an electronic or
paper document, except for wills and documents filed under seal, containing sensitive data may not
be filed with a court unless the sensitive data is redacted.
(c) Redaction of Sensitive Data; Retention Requirement. Sensitive data must be redacted by
using the letter “X” in place of each omitted digit or character or by removing the sensitive data in
a manner indicating that the data has been redacted. The filing party must retain an unredacted
version of the filed document during the pendency of the case and any related appellate proceedings
filed within six months of the date the judgment is signed.
(d) Notice to Clerk. If a document must contain sensitive data, the filing party must notify the
clerk by:
(1) designating the document as containing sensitive data when the document
is electronically filed; or
(2) if the document is not electronically filed, by including, on the upper left- hand side
of the first page, the phrase: “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE
DATA.”
(e) Non-Conforming Documents. The clerk may not refuse to file a document that contains
sensitive data in violation of this rule. But the clerk may identify the error to be corrected and state
a deadline for the party to resubmit a redacted, substitute document.
(f) Restriction on Remote Access. Documents that contain sensitive data in violation of this rule
must not be posted on the Internet.
Comment to 2013 Change: Rule 21c is added to provide privacy protection for documents filed in
civil cases.
SECTION 2. INSTITUTION OF SUIT
RULE 22. COMMENCED BY PETITION
A civil suit in the district or county court shall be commenced by a petition filed in the office of the
clerk.
RULE 23. SUITS TO BE NUMBERED CONSECUTIVELY
It shall be the duty of the clerk to designate the suits by regular consecutive numbers, called file
numbers, and he shall mark on each paper in every case the file number of the cause.
RULE 24. DUTY OF CLERK
When a petition is filed with the clerk he shall indorse thereon the file number, the day on which it
was filed and the time of filing, and sign his name officially thereto.
RULE 25. CLERK’S FILE DOCKET
Each clerk shall keep a file docket which shall show in convenient form the number of the suit, the
names of the attorneys, the names of the parties to the suit, and the nature thereof, and, in brief form,
the officer’s return on the process, and all subsequent proceedings had in the case with the dates
thereof.
RULE 26. CLERK’S COURT DOCKET
Each clerk shall also keep a court docket in a permanent record that shall include the number of the
case and the names of the parties, the names of the attorneys, the nature of the action, the pleas, the
motions, and the ruling of the court as made.
RULE 27. ORDER OF CASES
The cases shall be placed on the docket as they are filed.
SECTION 3. PARTIES TO SUITS
RULE 28. SUITS IN ASSUMED NAME
Any partnership, unincorporated association, private corporation, or individual doing business under
an assumed name may sue or be sued in its partnership, assumed or common name for the purpose
of enforcing for or against it a substantive right, but on a motion by any party or on the court’s own
motion the true name may be substituted.
RULE 29. SUIT ON CLAIM AGAINST DISSOLVED CORPORATION
When no receiver has been appointed for a corporation which has dissolved, suit may be instituted
on any claim against said corporation as though the same had not been dissolved, and service of
process may be obtained on the president, directors, general manager, trustee, assignee, or other
person in charge of the affairs of the corporation at the time it was dissolved, and judgment may be
rendered as though the corporation had not been dissolved.
RULE 30. PARTIES TO SUITS
Assignors, endorsers and other parties not primarily liable upon any instruments named in the
chapter of the Business and Commerce Code, dealing with commercial paper, may be jointly sued
with their principal obligors, or may be sued alone in the cases provided for by statute.
RULE 31. SURETY NOT TO BE SUED ALONE
No surety shall be sued unless his principal is joined with him, or unless a judgment has previously
been rendered against his principal, except in cases otherwise provided for in the law and these rules.
RULE 32. MAY HAVE QUESTION OF SURETYSHIP TRIED
When any suit is brought against two or more defendants upon any contract, any one or more of the
defendants being surety for the other, the surety may cause the question of suretyship to be tried and
determined upon the issue made for the parties defendant at the trial of the cause, or at any time
before or after the trial or at a subsequent term. Such proceedings shall not delay the suit of the
plaintiff.
RULE 33. SUITS BY OR AGAINST COUNTIES
Suits by or against a county or incorporated city, town or village shall be in its corporate name.
RULE 34. AGAINST SHERIFF, ETC.
Whenever a sheriff, constable, or a deputy or either has been sued for damages for any act done in
his official character, and has taken an indemnifying bond for the acts upon which the suit is based,
he may make the principal and surety on such bond parties defendant in such suit, and the cause may
be continued to obtain service on such parties.
RULE 35. ON OFFICIAL BONDS
In suits brought by the State or any county, city, independent school district, irrigation district, or
other political subdivision of the State, against any officer who has held an office for more than one
term, or against any depository which has been such depository for more than one term, or has given
more than one official bond, the sureties on each and all such bonds may be joined as defendants in
the same suit whenever it is difficult to determine when the default sued for occurred and which set
of sureties on such bonds is liable therefor.
RULE 36. DIFFERENT OFFICIALS AND BONDSMEN
In suits by the State upon the official bond of a State officer, any subordinate officer who has given
bond, payable either to the State or such superior officer, to cover all or part of the default sued for,
together with the sureties on his official bond, may be joined as defendants with such superior
officer and his bondsmen whenever it is alleged in the petition that both of such officers are liable
for the money sued for.
RULE 37. ADDITIONAL PARTIES
Before a case is called for trial, additional parties necessary or proper parties to the suit, may be
brought in, either by the plaintiff or the defendant, upon such terms as the court may prescribe; but
not at a time nor in a manner to unreasonably delay the trial of the case.
RULE 38. THIRD-PARTY PRACTICE
(a) When Defendant May Bring in Third Party. At any time after commencement of the
action a defending party, as a third-party plaintiff, may cause a citation and petition to be
served upon a person not a party to the action who is or may be liable to him or to the
plaintiff for all or part of the plaintiff’s claim against him. The third-party plaintiff need not
obtain leave to make the service if he files the third-party petition not later than thirty (30)
days after he serves his original answer. Otherwise, he must obtain leave on motion upon
notice to all parties to the action. The person served, hereinafter called the third-party
defendant, shall make his defenses to the third-party plaintiff’s claim under the rules
applicable to the defendant, and his counterclaims against the third-party plaintiff and crossclaims
against other third-party defendants as provided in Rule 97. The third-party defendant
may assert against the plaintiff any defenses which the third-party plaintiff has to the
plaintiff’s claim. The third-party defendant may also assert any claim against the plaintiff
arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim
against the third-party plaintiff. The plaintiff may assert any claim against the third-party
defendant arising out of the transaction or occurrence that is the subject matter of the
plaintiff’s claim against the third-party plaintiff, and the third-party defendant thereupon shall
assert his defenses and his counterclaims and cross-claims. Any party may move to strike
the third-party claim, or for its severance or separate trial. A third-party defendant may
proceed under this rule against any person not a party to the action who is or who may be
liable to him or to the third-party plaintiff for all or part of the claim made in the action
against the third-party defendant.
(b) When Plaintiff May Bring in Third Party. When a counterclaim is asserted against a
plaintiff, he may cause a third party to be brought in under circumstances which under this
rule would entitle a defendant to do so.
(c) This rule shall not be applied, in tort cases, so as to permit the joinder of a liability or
indemnity insurance company, unless such company is by statute or contract liable to the
person injured or damaged.
(d) This rule shall not be applied so as to violate any venue statute, as venue would exist absent
this rule.
RULE 39. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
(a) Persons to Be Joined If Feasible. A person who is subject to service of process shall be
joined as a party in the action if
(1) in his absence complete relief cannot be accorded among those already parties, or
(2) he claims an interest relating to the subject of the action and is so situated that the
disposition of the action in his absence may
(i) as a practical matter impair or impede his ability to protect that interest or
(ii) leave any of the persons already parties subject to a substantial risk of
incurring double, multiple, or otherwise inconsistent obligations by reason
of his claimed interest. If he has not been so joined, the court shall order that
he be made a party. If he should join as a plaintiff but refuses to do so, he
may be made a defendant, or, in a proper case, an involuntary plaintiff.
(b) Determination by Court Whenever Joinder Not Feasible. If a person as described in
subdivision (a)(1)-(2) hereof cannot be made a party, the court shall determine whether in
equity and good conscience the action should proceed among the parties before it, or should
be dismissed, the absent person being thus regarded as indispensable. The factors to be
considered by the court include: first, to what extent a judgment rendered in the person’s
absence might be prejudicial to him or those already parties; second, the extent to which, by
protective provisions in the judgment, by the shaping of relief, or other measures, the
prejudice can be lessened or avoided; third, whether a judgment rendered in the person’s
absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the
action is dismissed for non-joinder.
(c) Pleading Reasons for Nonjoinder. A pleading asserting a claim for relief shall state the
names, if known to the pleader, of any persons as described in subdivision (a)(1)-(2) hereof
who are not joined, and the reasons why they are not joined.
(d) Exception of Class Actions. This rule is subject to the provisions of Rule 42.
RULE 40. PERMISSIVE JOINDER OF PARTIES
(a) Permissive Joinder. All persons may join in one action as plaintiffs if they assert any right
to relief jointly, severally, or in the alternative in respect of or arising out of the same
transaction, occurrence, or series of transactions or occurrences and if any question of law
or fact common to all of them will arise in the action. All persons may be joined in one
action as defendants if there is asserted against them jointly, severally, or in the alternative
any right to relief in respect of or arising out of the same transaction, occurrence, or series
of transactions or occurrences and if any question of law or fact common to all of them will
arise in the action. A plaintiff or defendant need not be interested in obtaining or defending
against all the relief demanded. Judgment may be given for one or more of the plaintiffs
according to their respective rights to relief, and against one or more defendants according
to their respective liabilities.
(b) Separate Trials. The court may make such orders as will prevent a party from being
embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts
no claim and who asserts no claim against him, and may order separate trials or make other
orders to prevent delay or prejudice.
RULE 41. MISJOINDER OR NON-JOINDER OF PARTIES
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added, or
suits filed separately may be consolidated, or actions which have been improperly joined may be
severed and each ground of recovery improperly joined may be docketed as a separate suit between
the same parties, by order of the court on motion of any party or on its own initiative at any stage
of the action, before the time of submission to the jury or to the court if trial is without a jury, on
such terms as are just. Any claim against a party may be severed and proceeded with separately.
RULE 42. CLASS ACTIONS
(a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as
representative parties on behalf of all only if
(1) the class is so numerous that joinder of all members is impracticable,
(2) there are questions of law or fact common to the class,
(3) the claims or defenses of the representative parties are typical of the claims or
defenses of the class, and
(4) the representative parties will fairly and adequately protect the interests of the class.
(b) Class Actions Maintainable. An action may be maintained as a class action if the
prerequisites of subdivision (a) are satisfied, and in addition:
(1) the prosecution of separate actions by or against individual members of the class
would create a risk of
(A) inconsistent or varying adjudications with respect to individual members of
the class which would establish incompatible standards of conduct for the
party opposing the class, or
(B) adjudications with respect to individual members of the class which would
as a practical matter be dispositive of the interests of the other members not
parties to the adjudications or substantially impair or impede their ability to
protect their interests; or
(2) the party opposing the class has acted or refused to act on grounds generally
applicable to the class, thereby making appropriate final injunctive relief or
corresponding declaratory relief with respect to the class as a whole; or
(3) the questions of law or fact common to the members of the class predominate over
any questions affecting only individual members, and a class action is superior to
other available methods for the fair and efficient adjudication of the controversy. The
matters pertinent to these issues include:
(A) the interest of members of the class in individually controlling the
prosecution or defense of separate actions;
(B) the extent and nature of any litigation concerning the controversy already
commenced by or against members of the class;
(C) the desirability or undesirability of concentrating the litigation of the claims
in the particular forum;
(D) the difficulties likely to be encountered in the management of a class action
(c) Determination by Order Whether to Certify a Class Action; Notice and Membership
in Class.
(1) (A) When a person sues or is sued as a representative of a class, the court must —
at an early practicable time — determine by order whether to certify the
action as a class action.Comment to 2003 amendment: The requirement that
certification be decided “at an early practicable time” is a change from the
previous Texas rule 42 (c)(1) and federal rule 23 (c)(1), which required the
trial court to decide the certification issue “as soon as practicable after the
commencement of [the suit].” The amended language is not intended to
permit undue delay or permit excessive discovery unrelated to certification,
but is designed to encourage good practices in making certification decisions
only after receiving the information necessary to decide whether certification
should be granted or denied and how to define the class if certification is
granted.
(B) An order certifying a class action must define the class and the class claims,
issues, or defenses, and must appoint class counsel under Rule 42 (g).
(C) An order under Rule 42 (c)(1) may be altered or amended before final
judgment. The court may order the naming of additional parties in order to
insure the adequacy of representation.
(D) An order granting or denying certification under Rule 42(b)(3) must state:
(i) the elements of each claim or defense asserted in the pleadings;
(ii) any issues of law or fact common to the class members;
(iii) any issues of law or fact affecting only individual class members;
(iv) the issues that will be the object of most of the efforts of the litigants
and the court;
(v) other available methods of adjudication that exist for the controversy;
(vi) why the issues common to the members of the class do or do not
predominate over individual issues;
(vii) why a class action is or is not superior to other available methods for
the fair and efficient adjudication of the controversy; and
(viii) if a class is certified, how the class claims and any issues affecting
only individual members, raised by the claims or defenses asserted in
the pleadings, will be tried in a manageable, time efficient manner.
(2) (A) For any class certified under Rule 42(b)(1) or (2), the court may direct
appropriate notice to the class. For any class certified under Rule 42(b)(3),
the court must direct to class members the best notice practicable under the
circumstances including individual notice to all members who can be
identified through reasonable effort. The notice must concisely and clearly
state in plain, easily understood language:
(i) the nature of the action;
(ii) the definition of the class certified;
(iii) the class claims, issues, or defenses;
(iv) that a class member may enter an appearance through counsel if the
member so desires;
(v) that the court will exclude from the class any member who requests
exclusion, stating when and how members may elect to be excluded;
and
(vi) the binding effect of a class judgment on class members under Rule
42 (c)(3).
(3) The judgment in an action maintained as a class action under subdivisions (b)(1) or
(b)(2), whether or not favorable to the class, shall include and describe those whom
the court finds to be members of the class. The judgment in an action maintained as
a class action under subdivision (b)(4), whether or not favorable to the class, shall
include and specify or describe those to whom the notice provided in subdivision
(c)(2) was directed, and who have not requested exclusion, and whom the court finds
to be members of the class.
(d) Actions Conducted Partially as Class Actions; Multiple Classes and Subclasses. When
appropriate
(1) an action may be brought or maintained as a class action with respect to particular
issues, or
(2) a class may be divided into subclasses and each subclass treated as a class, and the
provisions of this rule shall then be construed and applied accordingly.
(e) Settlement, Dismissal or Compromise.
(1) (A) The court must approve any settlement, dismissal, or compromise of the
claims, issues, or defenses of a certified class.
(B) Notice of the material terms of the proposed settlement, dismissal or
compromise, together with an explanation of when and how the members
may elect to be excluded from the class, shall be given to all members in
such manner as the court directs.
(C) The court may approve a settlement, dismissal, or compromise that would
bind class members only after a hearing and on finding that the settlement,
dismissal, or compromise is fair, reasonable, and adequate.
(2) The parties seeking approval of a settlement, dismissal, or compromise under Rule
42(e)(1) must file a statement identifying any agreement made in connection with the
proposed settlement, dismissal, or compromise.
(3) In an action previously certified as a class action under Rule 42(b)(3), the court may
not approve a settlement unless it affords a new opportunity to request exclusion to
individual class members who had an earlier opportunity to request exclusion but did
not do so.
(4) (A) Any class member may object to a proposed settlement, dismissal, or
compromise that requires court approval under Rule 42(e)(1)(A).
(B) An objection made under Rule 42(e)(4)(A) may be withdrawn only with the
court’s approval.(f) Discovery. Unnamed members of a class action are not
to be considered as parties for purposes of discovery.
(g) Class Counsel.
(1) Appointing Class Counsel.
(A) Unless a statute provides otherwise, a court that certifies a class must appoint
class counsel.
(B) An attorney appointed to serve as class counsel must fairly and adequately
represent the interests of the class.
(C) In appointing class counsel, the court
(i) must consider:– the work counsel has done in identifying or
investigating potential claims in the action;– counsel’s experience in
handling class actions, other complex litigation, and claims of the
type asserted in the action;– counsel’s knowledge of the applicable
law; and– the resources counsel will commit to representing the
class;
(ii) may consider any other matter pertinent to counsel’s ability to fairly
and adequately represent the interests of the class;
(iii) may direct potential class counsel to provide information on any
subject pertinent to the appointment and to propose terms for attorney
fees and nontaxable costs; and
(iv) may make further orders in connection with the appointment.
(2) Appointment Procedure.
(A) The court may designate interim counsel to act on behalf of the putative class
before determining whether to certify the action as a class action.
(B) When there is one applicant for appointment as class counsel, the court may
appoint that applicant only if the applicant is adequate under Rule
42(g)(1)(B) and (C). If more than one adequate applicant seeks appointment
as class counsel, the court must appoint the applicant or applicants best able
to represent the interests of the class.
(C) The order appointing class counsel may include provisions about the award
of attorney fees or nontaxable costs under Rule 42(h) and (i).(h) Procedure
for determining Attorney Fees Award. In an action certified as a class action,
the court may award attorney fees in accordance with subdivision (i) and
nontaxable costs authorized by law or by agreement of the parties as follows:
(1) Motion for Award of Attorney Fees. A claim for an award of attorney
fees and nontaxable costs must be made by motion, subject to the
provisions of this subdivision, at a time set by the court. Notice of the
motion must be served on all parties and, for motions by class
counsel, directed to class members in a reasonable manner.
(2) Objections to Motion. A class member, or a party from whom
payment is sought, may object to the motion.
(3) Hearing and Findings. The court must hold a hearing in open court
and must find the facts and state its conclusions of law on the motion.
The court must state its findings and conclusions in writing or orally
on the record.
(i) Attorney’s Fees Award.
(1) In awarding attorney fees, the court must first determine a lodestar figure by
multiplying the number of hours reasonably worked times a reasonable hourly rate.
The attorney fees award must be in the range of 25% to 400% of the lodestar figure.
In making these determinations, the court must consider the factors specified in Rule
1.04(b), Tex. Disciplinary R. Prof. Conduct.
(2) If any portion of the benefits recovered for the class are in the form of coupons or
other noncash common benefits, the attorney fees awarded in the action must be in
cash and noncash amounts in the same proportion as the recovery for the class.
(j) Effective Date. Rule 42(i) applies only in actions filed after September 1, 2003.
RULE 43. INTERPLEADER
Persons having claims against the plaintiff may be joined as defendants and required to interplead
when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It
is not ground for objection to the joinder that the claims of the several claimants or the titles on
which their claims depend do not have a common origin or are not identical but are adverse to and
independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any
or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way
of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way limit
the joinder of parties permitted in any other rules.
RULE 44. MAY APPEAR BY NEXT FRIEND
Minors, lunatics, idiots, or persons non compos mentis who have no legal guardian may sue and be
represented by “next friend” under the following rules:
(1) Such next friend shall have the same rights concerning such suits as guardians have,
but shall give security for costs, or affidavits in lieu thereof, when required.
(2) Such next friend or his attorney of record may with the approval of the court
compromise suits and agree to judgments, and such judgments, agreements and
compromises, when approved by the court, shall be forever binding and conclusive
upon the party plaintiff in such suit.
SECTION 4. PLEADING
A. General
RULE 45. DEFINITION AND SYSTEM
Pleadings in the district and county courts shall
(a) be by petition and answer;
(b) consist of a statement in plain and concise language of the plaintiff’s cause of action
or the defendant’s grounds of defense. That an allegation be evidentiary or be of legal
conclusion shall not be grounds for objection when fair notice to the opponent is
given by the allegations as a whole; and
(c) contain any other matter which may be required by any law or rule authorizing or
regulating any particular action or defense.
Pleadings that are not filed electronically must be in writing, on paper measuring approximately 8
½ inches by 11 inches, and signed by the party or his attorney. The use of recycled paper is strongly
encouraged.
All pleadings shall be construed so as to do substantial justice.
RULE 46. PETITION AND ANSWER; EACH ONE INSTRUMENT OF WRITING
The original petition, first supplemental petition, second supplemental petition, and every other,
shall each be contained in one instrument of writing, and so with the original answer and each of the
supplemental answers.
RULE 47. CLAIMS FOR RELIEF
An original pleading which sets forth a claim for relief, whether an original petition, counterclaim,
cross-claim, or third party claim, shall contain
(a) a short statement of the cause of action sufficient to give fair notice of the claim
involved;
(b) a statement that the damages sought are within the jurisdictional limits of the court;
(c) except in suits governed by the Family Code, a statement that the party seeks:
(1) only monetary relief of $100,000 or less, including damages of any kind,
penalties, costs, expenses, pre-judgment interest, and attorney fees; or
(2) monetary relief of $100,000 or less and non-monetary relief; or
(3) monetary relief over $100,000 but not more than $200,000; or
(4) monetary relief over $200,000 but not more than $1,000,000; or
(5) monetary relief over $1,000,000; and
(d) a demand for judgment for all the other relief to which the party deems himself
entitled.
Relief in the alternative or of several different types may be demanded; provided, further, that upon
special exception the court shall require the pleader to amend so as to specify the maximum amount
claimed. A party that fails to comply with (c) may not conduct discovery until the party’s pleading
is amended to comply.
Comment to 2013 change: Rule 47 is amended to require a more specific statement of the relief
sought by a party. The amendment requires parties to plead into or out of the expedited actions
process governed by Rule 169, added to implement section 22.004(h) of the Texas Government
Code. Except in a suit governed by the Family Code, the Property Code, the Tax Code, or Chapter
74 of the Civil Practice & Remedies Code, a suit in which the original petition contains the
statement in paragraph (c)(1) is governed by the expedited actions process. The further specificity
in paragraphs (c)(2)-(5) is to provide information regarding the nature of cases filed and does not
affect a party’s substantive rights.
RULE 48. ALTERNATIVE CLAIMS FOR RELIEF
A party may set forth two or more statements of a claim or defense alternatively or hypothetically,
either in one count or defense or in separate counts or defenses. When two or more statements are
made in the alternative and one of them if made independently would be sufficient, the pleading is
not made insufficient by the insufficiency of one or more of the alternative statements. A party may
also state as many separate claims or defenses as he has regardless of consistency and whether based
upon legal or equitable grounds or both.
RULE 49. WHERE SEVERAL COUNTS
Where there are several counts in the petition, and entire damages are given, the verdict or judgment,
as the case may be, shall be good, notwithstanding one or more of such counts may be defective.
RULE 50. PARAGRAPHS, SEPARATE STATEMENTS
All averments of claim or defense shall be made in numbered paragraphs, the contents of each of
which shall be limited as far as practicable to a statement of a single set of circumstances; and a
paragraph may be referred to by number in all succeeding pleadings, so long as the pleading
containing such paragraph has not been superseded by an amendment as provided by Rule 65. Each
claim founded upon a separate transaction or occurrence and each defense other than denials shall
be stated in a separate count or defense whenever a separation facilitates the clear presentation of
the matters set forth.
RULE 51. JOINDER OF CLAIMS AND REMEDIES
(a) Joinder of Claims. The plaintiff in his petition or in a reply setting forth a counterclaim and
the defendant in an answer setting forth a counterclaim may join either as independent or as
alternate claims as many claims either legal or equitable or both as he may have against an
opposing party. There may be a like joinder of claims when there are multiple parties if the
requirements of Rules 39, 40, and 43 are satisfied. There may be a like joinder of cross
claims or third-party claims if the requirements of Rules 38 and 97, respectively, are satisfied.
(b) Joinder of Remedies. Whenever a claim is one heretofore cognizable only after another
claim has been prosecuted to a conclusion, the two claims may be joined in a single action;
but the court shall grant relief in that action only in accordance with the relative substantive
rights of the parties. This rule shall not be applied in tort cases so as to permit the joinder of
a liability or indemnity insurance company, unless such company is by statute or contract
directly liable to the person injured or damaged.
RULE 52. ALLEGING A CORPORATION
An allegation that a corporation is incorporated shall be taken as true, unless denied by the affidavit
of the adverse party, his agent or attorney, whether such corporation is a public or private
corporation and however created.
RULE 53. SPECIAL ACT OR LAW
A pleading founded wholly or in part on any private or special act or law of this State or of the
Republic of Texas need only recite the title thereof, the date of its approval, and set out in substance
so much of such act or laws as may be pertinent to the cause of action or defense.
RULE 54. CONDITIONS PRECEDENT
In pleading the performance or occurrence of conditions precedent, it shall be sufficient to aver
generally that all conditions precedent have been performed or have occurred. When such
performances or occurrences have been so plead, the party so pleading same shall be required to
prove only such of them as are specifically denied by the opposite party.
RULE 55. JUDGMENT
In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal,
or of a board or officer, it shall be sufficient to aver the judgment or decision without setting forth
matter showing jurisdiction to render it.
RULE 56. SPECIAL DAMAGE
When items of special damage are claimed, they shall be specifically stated.
RULE 57. SIGNING OF PLEADINGS
Every pleading of a party represented by an attorney shall be signed by at least one attorney of
record in his individual name, with his State Bar of Texas identification number, address, telephone
number, email address, and if available, fax number. A party not represented by an attorney shall
sign his pleadings, state his address, telephone number, email address, and, if available, fax number.
RULE 58. ADOPTION BY REFERENCE
Statements in a pleading may be adopted by reference in a different part of the same pleading or in
another pleading or in any motion, so long as the pleading containing such statements has not been
superseded by an amendment as provided by Rule 65.
RULE 59. EXHIBITS AND PLEADING
Notes, accounts, bonds, mortgages, records, and all other written instruments, constituting, in whole
or in part, the claim sued on, or the matter set up in defense, may be made a part of the pleadings by
copies thereof, or the originals, being attached or filed and referred to as such, or by copying the
same in the body of the pleading in aid and explanation of the allegations in the petition or answer
made in reference to said instruments and shall be deemed a part thereof for all purposes. Such
pleadings shall not be deemed defective because of the lack of any allegations which can be supplied
from said exhibit. No other instrument of writing shall be made an exhibit in the pleading.
RULE 60. INTERVENOR’S PLEADINGS
Any party may intervene by filing a pleading, subject to being stricken out by the court for sufficient
cause on the motion of any party.
RULE 61. TRIAL: INTERVENORS: RULES APPLY TO ALL PARTIES
These rules of pleading shall apply equally, so far as it may be practicable to intervenors and to
parties, when more than one, who may plead separately.
RULE 62. AMENDMENT DEFINED
The object of an amendment, as contra-distinguished from a supplemental petition or answer, is to
add something to, or withdraw something from, that which has been previously pleaded so as to
perfect that which is or may be deficient, or to correct that which has been incorrectly stated by the
party making the amendment, or to plead new matter, additional to that formerly pleaded by the
amending party, which constitutes an additional claim or defense permissible to the suit.
RULE 63. AMENDMENTS AND RESPONSIVE PLEADINGS
Parties may amend their pleadings, respond to pleadings on file of other parties, file suggestions of
death and make representative parties, and file such other pleas as they may desire by filing such
pleas with the clerk at such time as not to operate as a surprise to the opposite party; provided, that
any pleadings, responses or pleas offered for filing within seven days of the date of trial or
thereafter, or after such time as may be ordered by the judge under Rule 166, shall be filed only after
leave of the judge is obtained, which leave shall be granted by the judge unless there is a showing
that such filing will operate as a surprise to the opposite party.
RULE 64. AMENDED INSTRUMENT
The party amending shall point out the instrument amended, as “original petition,” or “plaintiff’s first
supplemental petition,” or as “original answer,” or “defendant’s first supplemental answer” or other
instrument file by the party and shall amend by filing a substitute therefor, entire and complete in
itself, indorsed “amended original petition,” or “amended first supplemental petition,” or “amended
original answer,” or “amended first supplemental answer,” accordingly as said instruments of
pleading are designated.
RULE 65. SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINAL
Unless the substituted instrument shall be set aside on exceptions, the instrument for which it is
substituted shall no longer be regarded as a part of the pleading in the record of the cause, unless
some error of the court in deciding upon the necessity of the amendment, or otherwise in
superseding it, be complained of, and exception be taken to the action of the court, or unless it be
necessary to look to the superseded pleading upon a question of limitation.
RULE 66. TRIAL AMENDMENT
If evidence is objected to at the trial on the ground that it is not within the issues made by the
pleading, or if during the trial any defect, fault or omission in a pleading, either of form or substance,
is called to the attention of the court, the court may allow the pleadings to be amended and shall do
so freely when the presentation of the merits of the action will be subserved thereby and the
objecting party fails to satisfy the court that the allowance of such amendment would prejudice him
in maintaining his action or defense upon the merits. The court may grant a postponement to enable
the objecting party to meet such evidence.
RULE 67. AMENDMENTS TO CONFORM TO ISSUES
TRIED WITHOUT OBJECTION
When issues not raised by the pleadings are tried by express or implied consent of the parties, they
shall be treated in all respects as if they had been raised in the pleadings. In such case such
amendment of the pleadings as may be necessary to cause them to conform to the evidence and to
raise these issues may be made by leave of court upon motion of any party at any time up to the
submission of the case to the Court or jury, but failure so to amend shall not affect the result of the
trial of these issues; provided that written pleadings, before the time of submission, shall be
necessary to the submission of questions, as is provided in Rules 277 and 279.
RULE 68. COURT MAY ORDER REPLEADER
The court, when deemed necessary in any case, may order a repleader on the part of one or both of
the parties, in order to make their pleadings substantially conform to the rules.
RULE 69. SUPPLEMENTAL PETITION OR ANSWER
Each supplemental petition or answer, made by either party, shall be a response to the last preceding
pleading by the other party, and shall not repeat allegations formerly pleaded further than is
necessary as an introduction to that which is stated in the pleading then being drawn up. These
instruments, to wit, the original petition and its several supplements, and the original answer and its
several supplements, shall respectively, constitute separate and distinct parts of the pleadings of each
party; and the position and identity, by number and name, with the indorsement of each instrument,
shall be preserved throughout the pleadings of either party.
RULE 70. PLEADING: SURPRISE: COST
When either a supplemental or amended pleading is of such character and is presented at such time
as to take the opposite party by surprise, the court may charge the continuance of the cause, if
granted, to the party causing the surprise if the other party satisfactorily shows that he is not ready
for trial because of the allowance of the filing of such supplemental or amended pleading, and the
court may, in such event, in its discretion require the party filing such pleading to pay to the
surprised party the amount of reasonable costs and expenses incurred by the other party as a result
of the continuance, including attorney fees, or make such other order with respect thereto as may
be just.
RULE 71. MISNOMER OF PLEADING
When a party has mistakenly designated any plea or pleading, the court, if justice so requires, shall
treat the plea or pleading as if it had been properly designated. Pleadings shall be docketed as
originally designated and shall remain identified as designated, unless the court orders redesignation.
Upon court order filed with the clerk, the clerk shall modify the docket and all other clerk records
to reflect redesignation.
[RULE 72. Repealed effective September 1, 1990]
[RULE 73. Repealed effective September 1, 1990]
RULE 74. FILING WITH THE COURT DEFINED
The filing of pleadings, other papers and exhibits as required by these rules shall be made by filing
them with the clerk of the court, except that the judge may permit the papers to be filed with him,
in which event he shall note thereon the filing date and time and forthwith transmit them to the
office of the clerk.
RULE 75. FILED PLEADINGS; WITHDRAWAL
All filed pleadings shall remain at all times in the clerk’s office or in the court or in custody of the
clerk, except that the court may by order entered on the minutes allow a filed pleading to be
withdrawn for a limited time whenever necessary, on leaving a certified copy on file. The party
withdrawing such pleading shall pay the costs of such order and certified copy.
RULE 75a. FILING EXHIBITS: COURT REPORTER TO FILE WITH CLERK
The court reporter or stenographer shall file with the clerk of the court all exhibits which were
admitted in evidence or tendered on bill of exception during the course of any hearing, proceeding,
or trial.
RULE 75b. FILED EXHIBITS: WITHDRAWAL
All filed exhibits admitted in evidence or tendered on bill of exception shall, until returned or
otherwise disposed of as authorized by Rule 14b, remain at all times in the clerk’s office or in the
court or in the custody of the clerk except as follows:
(a) The court may by order entered on the minutes allow a filed exhibit to be withdrawn
by any party only upon such party’s leaving on file a certified, photo, or other
reproduced copy of such exhibit. The party withdrawing such exhibit shall pay the
costs of such order and copy.
(b) The court reporter or stenographer of the court conducting the hearing, proceedings,
or trial in which exhibits are admitted or offered in evidence, shall have the right to
withdraw filed exhibits, upon giving the clerk proper receipt therefor, whenever
necessary for the court reporter or stenographer to transmit such original exhibits to
an appellate court under the provisions of Rule 379 or to otherwise discharge the
duties imposed by law upon said court reporter or stenographer.
RULE 76. MAY INSPECT PAPERS
Each attorney at law practicing in any court shall be allowed at all reasonable times to inspect the
papers and records relating to any suit or other matter in which he may be interested.
RULE 76a. SEALING COURT RECORDS
1. Standard for Sealing Court Records. Court records may not be removed from court files
except as permitted by statute or rule. No court order or opinion issued in the adjudication
of a case may be sealed. Other court records, as defined in this rule, are presumed to be open
to the general public and may be sealed only upon a showing of all of the following:
(a) a specific, serious and substantial interest which clearly outweighs:
(1) this presumption of openness;
(2) any probable adverse effect that sealing will have upon the general
public health or safety;
(b) no less restrictive means than sealing records will adequately and effectively protect
the specific interest asserted.
2. Court Records. For purposes of this rule, court records means:
(a) all documents of any nature filed in connection with any matter before any civil
court, except:
(1) documents filed with a court in camera, solely for the purpose of obtaining
a ruling on the discoverability of such documents;
(2) documents in court files to which access is otherwise restricted by law;
(3) documents filed in an action originally arising under the Family Code.
(b) settlement agreements not filed of record, excluding all reference to any monetary
consideration, that seek to restrict disclosure of information concerning matters that
have a probable adverse effect upon the general public health or safety, or the
administration of public office, or the operation of government.
(c) discovery, not filed of record, concerning matters that have a probable adverse effect
upon the general public health or safety, or the administration of public office, or the
operation of government, except discovery in cases originally initiated to preserve
bona fide trade secrets or other intangible property rights.
3. Notice. Court records may be sealed only upon a party’s written motion, which shall be open
to public inspection. The movant shall post a public notice at the place where notices for
meetings of county governmental bodies are required to be posted, stating: that a hearing will
be held in open court on a motion to seal court records in the specific case; that any person
may intervene and be heard concerning the sealing of court records; the specific time and
place of the hearing; the style and number of the case; a brief but specific description of both
the nature of the case and the records which are sought to be sealed; and the identity of the
movant. Immediately after posting such notice, the movant shall file a verified copy of the
posted notice with the clerk of the court in which the case is pending and with the Clerk of
the Supreme Court of Texas.
4. Hearing. A hearing, open to the public, on a motion to seal court records shall be held in
open court as soon as practicable, but not less than fourteen days after the motion is filed and
notice is posted. Any party may participate in the hearing. Non-parties may intervene as a
matter of right for the limited purpose of participating in the proceedings, upon payment of
the fee required for filing a plea in intervention. The court may inspect records in camera
when necessary. The court may determine a motion relating to sealing or unsealing court
records in accordance with the procedures prescribed by Rule 120a.
5. Temporary Sealing Order. A temporary sealing order may issue upon motion and notice
to any parties who have answered in the case pursuant to Rules 21 and 21a upon a showing
of compelling need from specific facts shown by affidavit or by verfied petition that
immediate and irreparable injury will result to a specific interest of the applicant before
notice can be posted and a hearing held as otherwise provided herein. The temporary order
shall set the time for the hearing required by paragraph 4 and shall direct that the movant
immediately give the public notice required by paragraph 3. The court may modify or
withdraw any temporary order upon motion by any party or intervenor, notice to the parties,
and hearing conducted as soon as practicable. Issuance of a temporary order shall not reduce
in any way the burden of proof of a party requesting sealing at the hearing required by
paragraph 4.
6. Order on Motion to Seal Court Records. A motion relating to sealing or unsealing court
records shall be decided by written order, open to the public, which shall state: the style and
number of the case; the specific reasons for finding and concluding whether the showing
required by paragraph 1 has been made; the specific portions of court records which are to
be sealed; and the time period for which the sealed portions of the court records are to be
sealed. The order shall not be included in any judgment or other order but shall be a separate
document in the case; however, the failure to comply with this requirement shall not affect
its appealability.
7. Continuing Jurisdiction. Any person may intervene as a matter of right at any time before
or after judgment to seal or unseal court records. A court that issues a sealing order retains
continuing jurisdiction to enforce, alter, or vacate that order. An order sealing or unsealing
court records shall not be reconsidered on motion of any party or intervenor who had actual
notice of the hearing preceding issuance of the order, without first showing changed
circumstances materially affecting the order. Such circumstances need not be related to the
case in which the order was issued. However, the burden of making the showing required
by paragraph 1 shall always be on the party seeking to seal records.
8. Appeal. Any order (or portion of an order or judgment) relating to sealing or unsealing
court records shall be deemed to be severed from the case and a final judgment which may
be appealed by any party or intervenor who participated in the hearing preceding issuance
of such order. The appellate court may abate the appeal and order the trial court to direct that
further public notice be given, or to hold further hearings, or to make additional findings.
9. Application. Access to documents in court files not defined as court records by this rule
remains governed by existing law. This rule does not apply to any court records sealed in an
action in which a final judgment has been entered before its effective date. This rule applies
to cases already pending on its effective date only with regard to:
(a) all court records filed or exchanged after the effective date;
(b) any motion to alter or vacate an order restricting access to court records, issued
before the effective date.
RULE 77. LOST RECORDS AND PAPERS
When any papers or records are lost or destroyed during the pendency of a suit, the parties may, with
the approval of the judge, agree in writing on a brief statement of the matters contained therein; or
either party may supply such lost records or papers as follows:
a. After three days’ notice to the adverse party or his attorney, make written sworn
motion before the court stating the loss or destruction of such record or papers,
accompanied by certified copies of the originals if obtainable, or by substantial
copies thereof.
b. If, upon hearing, the court be satisfied that they are substantial copies of the original,
an order shall be made substituting such copies or brief statement for the originals.
c. Such substituted copies or brief statement shall be filed with the clerk, constitute a
part of the cause, and have the force and effect of the originals.
SECTION 4. PLEADING
B. Pleadings of Plaintiff
RULE 78. PETITION: ORIGINAL AND SUPPLEMENTAL; INDORSEMENT
The pleading of plaintiff shall consist of an original petition, and such supplemental petitions as may
be necessary in the course of pleading by the parties to the suit. The original petition and the
supplemental petitions shall be indorsed, so as to show their respective positions in the process of
pleading, as “original petition,” “plaintiff’s first supplemental petition,” “plaintiff’s second
supplemental petition,” and so on, to be successively numbered, named, and indorsed.
RULE 78a. CASE INFORMATION SHEET
(a) Requirement. A civil case information sheet, in the form promulgated by the Supreme Court
of Texas, must accompany the filing of:
(1) an original petition or application; and
(2) a post-judgment petition for modification or motion for enforcement in a case arising
under the Family Code.
(b) Signature. The civil case information sheet must be signed by the attorney for the party
filing the pleading or by the party.
(c) Enforcement. The court and clerk must take appropriate measures to enforce this rule. But
the clerk may not reject a pleading because the pleading is not accompanied by a civil case
information sheet.
(d) Limitation on Use. The civil case information sheet is for data collection for statistical and
administrative purposes and does not affect any substantive right.
(e) Applicability. The civil case information sheet is not required in cases filed in justice courts
or small-claims courts, or in cases arising under Title 3 of the Family Code.
Comment: Rule 78a is added to require the submission of a civil case information sheet to collect
data for statistical and administrative purposes, see, e.g., TEX. GOV’T CODE § 71.035. A civil case
information sheet is not a pleading. Rule 78a is placed with other rules regarding pleadings because
civil case information sheets must accompany pleadings.
RULE 79. THE PETITION
The petition shall state the names of the parties and their residences, if known, together with the
contents prescribed in Rule 47 above.
RULE 80. PLAINTIFF’S SUPPLEMENTAL PETITION
The plaintiff’s supplemental petitions may contain special exceptions, general denials, and the
allegations of new matter not before alleged by him, in reply to those which have been alleged by
the defendant.
RULE 81. DEFENSIVE MATTERS
When the defendant sets up a counter claim, the plaintiff may plead thereto under rules prescribed
for pleadings of defensive matter by the defendant, so far as applicable. Whenever the defendant is
required to plead any matter of defense under oath, the plaintiff shall be required to plead such
matters under oath when relied on by him.
RULE 82. SPECIAL DEFENSES
The plaintiff need not deny any special matter of defense pleaded by the defendant, but the same
shall be regarded as denied unless expressly admitted.
SECTION 4. PLEADING
C. Pleadings of Defendant
RULE 83. ANSWER; ORIGINAL AND SUPPLEMENTAL; INDORSEMENT
The answer of defendant shall consist of an original answer, and such supplemental answers as may
be necessary, in the course of pleading by the parties to the suit. The original answer and the
supplemental answers shall be indorsed, so as to show their respective positions in the process of
pleading, as “original answer,” “defendant’s first supplemental answer,” “defendant’s second
supplemental answer,” and so on, to be successively numbered, named and indorsed.
RULE 84. ANSWER MAY INCLUDE SEVERAL MATTERS
The defendant in his answer may plead as many several matters, whether of law or fact, as he may
think necessary for his defense, and which may be pertinent to the cause, and such matters shall be
heard in such order as may be directed by the court, special appearance and motion to transfer venue,
and the practice thereunder being excepted herefrom.
RULE 85. ORIGINAL ANSWER; CONTENTS
The original answer may consist of motions to transfer venue, pleas to the jurisdiction, in abatement,
or any other dilatory pleas; of special exceptions, of general denial, and any defense by way of
avoidance or estoppel, and it may present a cross-action, which to that extent will place defendant
in the attitude of a plaintiff. Matters in avoidance and estoppel may be stated together, or in several
special pleas, each presenting a distinct defense, and numbered so as to admit of separate issues to
be formed on them.
RULE 86. MOTION TO TRANSFER VENUE
1. Time to File. An objection to improper venue is waived if not made by written motion filed
prior to or concurrently with any other plea, pleading or motion except a special appearance
motion provided for in Rule 120a. A written consent of the parties to transfer the case to
another county may be filed with the clerk of the court at any time. A motion to transfer
venue because an impartial trial cannot be had in the county where the action is pending is
governed by the provisions of Rule 257.
2. How to File. The motion objecting to improper venue may be contained in a separate
instrument filed concurrently with or prior to the filing of the movant’s first responsive
pleading or the motion may be combined with other objections and defenses and included
in the movant’s first responsive pleading.
3. Requisites of Motion. The motion, and any amendments to it, shall state that the action
should be transferred to another specified county of proper venue because:
(a) The county where the action is pending is not a proper county; or
(b) Mandatory venue of the action in another county is prescribed by one or more
specific statutory provisions which shall be clearly designated or indicated.
The motion shall state the legal and factual basis for the transfer of the action and request
transfer of the action and request transfer of the action to a specific county of mandatory or
proper venue. Verification of the motion is not required. The motion may be accompanied
by supporting affidavits as provided in Rule 87.
4. Response and Reply. Except as provided in paragraph 3(a) of Rule 87, a response to the
motion to transfer is not required. Verification of a response is not required.
5. Service. A copy of any instrument filed pursuant to Rule 86 shall be served in accordance
with Rule 21a.
RULE 87. DETERMINATION OF MOTION TO TRANSFER
1. Consideration of Motion. The determination of a motion to transfer venue shall be made
promptly by the court and such determination must be made in a reasonable time prior to
commencement of the trial on the merits. The movant has the duty to request a setting on the
motion to transfer. Except on leave of court each party is entitled to at least 45 days notice
of a hearing on the motion to transfer.
Except on leave of court, any response or opposing affidavits shall be filed at least 30 days
prior to the hearing of the motion to transfer. The movant is not required to file a reply to the
response but any reply and any additional affidavits supporting the motion to transfer must,
except on leave of court, be filed not later than 7 days prior to the hearing date.
2. Burden of Establishing Venue.
(a) In General. A party who seeks to maintain venue of the action in a particular county
in reliance upon Section 15.001 (General Rule), Sections 15.011-15.017 (Mandatory
Venue), Sections 15.031-15.040 (Permissive Venue), or Sections 15.061 and 15.062
(Multiple Claims), Civil Practice and Remedies Code, has the burden to make proof,
as provided in paragraph 3 of this rule, that venue is maintainable in the county of
suit. A party who seeks to transfer venue of the action to another specified county
under Section 15.001 (General Rule), Sections 15.011-15.017 (Mandatory Venue),
Sections 15.031-15.040 (Permissive Venue), or Sections 15.061 and 15.062
(Multiple Claims), Civil Practice and Remedies Code, has the burden to make proof,
as provided in paragraph 3 of this rule, that venue is maintainable in the county to
which transfer is sought. A party who seeks to transfer venue of the action to another
specified county under Sections 15.011-15.017, Civil Practice and Remedies Code
on the basis that a mandatory venue provision is applicable and controlling has the
burden to make proof, as provided in paragraph 3 of this rule, that venue is
maintainable in the county to which transfer is sought by virtue of one or more
mandatory venue exceptions.
(b) Cause of Action. It shall not be necessary for a claimant to prove the merits of a
cause of action, but the existence of a cause of action, when pleaded properly, shall
be taken as established as alleged by the pleadings. When the defendant specifically
denies the venue allegations, the claimant is required, by prima facie proof as
provided in paragraph 3 of this rule, to support such pleading that the cause of action
taken as established by the pleadings, or a part of such cause of action, accrued in the
county of suit. If a defendant seeks transfer to a county where the cause of action or
a part thereof accrued, it shall be sufficient for the defendant to plead that if a cause
of action exists, then the cause of action or part thereof accrued in the specific county
to which transfer is sought, and such allegation shall not constitute an admission that
a cause of action in fact exists. But the defendant shall be required to support his
pleading by prima facie proof as provided in paragraph 3 of this rule, that, if a cause
of action exists, it or a part thereof accrued in the county to which transfer is sought.
(c) Other Rules. A motion to transfer venue based on the written consent of the parties
shall be determined in accordance with Rule 255. A motion to transfer venue on the
basis that an impartial trial cannot be had in the courts where the action is pending
shall be determined in accordance with Rules 258 and 259.
3. Proof.
(a) Affidavits and Attachments. All venue facts, when properly pleaded, shall be taken
as true unless specifically denied by the adverse party. When a venue fact is
specifically denied, the party pleading the venue fact must make prima facie proof
of that venue fact; provided, however, that no party shall ever be required for venue
purposes to support prima facie proof the existence of a cause of action or part
thereof, and at the hearing the pleadings of the parties shall be taken as conclusive
on the issues of existence of a cause of action. Prima facie proof is made when the
venue facts are properly pleaded and an affidavit, and any duly proved attachments
to the affidavit, are filed fully and specifically setting forth the facts supporting such
pleading. Affidavits shall be made on personal knowledge, shall set forth specific
facts as would be admissible in evidence, and shall show affirmatively that the
affiant is competent to testify.
(b) The Hearing. The court shall determine the motion to transfer venue on the basis
of the pleadings, any stipulations made by and between the parties and such
affidavits and attachments as may be filed by the parties in accordance with the
preceding subdivision of this paragraph 3 or of Rule 88.
(c) If a claimant has adequately pleaded and made prima facie proof that venue is proper
in the county of suit as provided in subdivision (a) of paragraph 3, then the cause
shall not be transferred but shall be retained in the county of suit, unless the motion
to transfer is based on the grounds that an impartial trial cannot be had in the county
where the action is pending as provided in Rules 257-259 or on an established
ground of mandatory venue. A ground of mandatory venue is established when the
party relying upon a mandatory exception to the general rule makes prima facie proof
as provided in subdivision (a) of paragraph 3 of this rule.
(d) In the event that the parties shall fail to make prima facie proof that the county of suit
or the specific county to which transfer is sought is a county of proper venue, then
the court may direct the parties to make further proof.
4. No Jury. All venue challenges shall be determined by the court without the aid of a jury.
5. Motion for Rehearing. If venue has been sustained as against a motion to transfer, or if an
action has been transferred to a proper county in response to a motion to transfer, then no
further motions to transfer shall be considered regardless of whether the movant was a party
to the prior proceedings or was added as a party subsequent to the venue proceedings, unless
the motion to transfer is based on the grounds that an impartial trial cannot be had under
Rules 257-259 or on the ground of mandatory venue, provided that such claim was not
available to the other movant or movants.
Parties who are added subsequently to an action and are precluded by this Rule from having
a motion to transfer considered may raise the propriety of venue on appeal, provided that the
party has timely filed a motion to transfer.
6. There shall be no interlocutory appeals from such determination.
RULE 88. DISCOVERY AND VENUE
Discovery shall not be abated or otherwise affected by pendency of a motion to transfer venue.
Issuing process for witnesses and taking depositions shall not constitute a waiver of a motion to
transfer venue, but depositions taken in such case may be read in evidence in any subsequent suit
between the same parties concerning the same subject matter in like manner as if taken in such
subsequent suit. Deposition transcripts, responses to requests for admission, answers to
interrogatories and other discovery products containing information relevant to a determination of
proper venue may be considered by the court in making the venue determination when they are
attached to, or incorporated by reference in, an affidavit of a party, a witness or an attorney who has
knowledge of such discovery.
RULE 89. TRANSFERRED IF MOTION IS SUSTAINED
If a motion to transfer venue is sustained, the cause shall not be dismissed, but the court shall
transfer said cause to the proper court; and the costs incurred prior to the time such suit is filed in
the court to which said cause is transferred shall be taxed against the plaintiff. The clerk shall make
up a transcript of all the orders made in said cause, certifying thereto officially under the seal of the
court, and send it with the original papers in the cause to the clerk of the court to which the venue
has been changed. Provided, however, if the cause be severable as to parties defendant and shall be
ordered transferred as to one or more defendants but not as to all, the clerk, instead of sending the
original papers, shall make certified copies of such filed papers as directed by the court and forward
the same to the clerk of the court to which the venue has been changed. After the cause has been
transferred, as above provided for the clerk of the court to which the cause has been transferred shall
mail notification to the plaintiff or his attorney that transfer of the cause has been completed, that
the filing fee in the proper court is due and payable within thirty days from the mailing of such
notification, and that the case may be dismissed if the filing fee is not timely paid; and if such filing
fee is timely paid, the cause will be subject to trial at the expiration of thirty days after the mailing
of notification to the parties or their attorneys by the clerk that the papers have been filed in the court
to which the cause has been transferred; and if the filing fee is not timely paid, any court of the
transferee county to which the case might have been assigned, upon its own motion or the motion
of a party, may dismiss the cause without prejudice to the refiling of same.
RULE 90. WAIVER OF DEFECTS IN PLEADING
General demurrers shall not be used. Every defect, omission or fault in a pleading either of form
or of substance, which is not specifically pointed out by exception in writing and brought to the
attention of the judge in the trial court before the instruction or charge to the jury or, in a non-jury
case, before the judgment is signed, shall be deemed to have been waived by the party seeking
reversal on such account; provided that this rule shall not apply as to any party against whom default
judgment is rendered.
RULE 91. SPECIAL EXCEPTIONS
A special exception shall not only point out the particular pleading excepted to, but it shall also point
out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other
insufficiency in the allegations in the pleading excepted to.
RULE 91a. DISMISSAL OF BASELESS CAUSES OF ACTION
91a.1 Motion and Grounds. Except in a case brought under the Family Code or a case governed
by Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move to dismiss
a cause of action on the grounds that it has no basis in law or fact. A cause of action has no
basis in law if the allegations, taken as true, together with inferences reasonably drawn from
them do not entitle the claimant to the relief sought. A cause of action has no basis in fact
if no reasonable person could believe the facts pleaded.
91a.2 Contents of Motion. A motion to dismiss must state that it is made pursuant to this rule,
must identify each cause of action to which it is addressed, and must state specifically the
reasons the cause of action has no basis in law, no basis in fact, or both.
91a.3 Time for Motion and Ruling. A motion to dismiss must be:
(a) filed within 60 days after the first pleading containing the challenged cause of action
is served on the movant;
(b) filed at least 21 days before the motion is heard; and
(c) granted or denied within 45 days after the motion is filed.
91a.4 Time for Response. Any response to the motion must be filed no later than 7 days before
the date of the hearing.
91a.5 Effect of Nonsuit or Amendment; Withdrawal of Motion.
(a) The court may not rule on a motion to dismiss if, at least 3 days before the date of
the hearing, the respondent files a nonsuit of the challenged cause of action, or the
movant files a withdrawal of the motion.
(b) If the respondent amends the challenged cause of action at least 3 days before the date
of the hearing, the movant may, before the date of the hearing, file a withdrawal of
the motion or an amended motion directed to the amended cause of action.
(c) Except by agreement of the parties, the court must rule on a motion unless it has been
withdrawn or the cause of action has been nonsuited in accordance with (a) or (b).
In ruling on the motion, the court must not consider a nonsuit or amendment not filed
as permitted by paragraphs (a) or (b).
(d) An amended motion filed in accordance with (b) restarts the time periods in this rule.
91a.6 Hearing; No Evidence Considered. Each party is entitled to at least 14 days’ notice of the
hearing on the motion to dismiss. The court may, but is not required to, conduct an oral
hearing on the motion. Except as required by 91a.7, the court may not consider evidence in
ruling on the motion and must decide the motion based solely on the pleading of the cause
of action, together with any pleading exhibits permitted by Rule 59.
91a.7 Award of Costs and Attorney Fees Required. Except in an action by or against a
governmental entity or a public official acting in his or her official capacity or under color
of law, the court must award the prevailing party on the motion all costs and reasonable and
necessary attorney fees incurred with respect to the challenged cause of action in the trial
court. The court must consider evidence regarding costs and fees in determining the award.
91a.8 Effect on Venue and Personal Jurisdiction. This rule is not an exception to the pleading
requirements of Rules 86 and 120a, but a party does not, by filing a motion to dismiss
pursuant to this rule or obtaining a ruling on it, waive a special appearance or a motion to
transfer venue. By filing a motion to dismiss, a party submits to the Court’s jurisdiction only
in proceedings on the motion and is bound by the court’s ruling, including an award of
attorney fees and costs against the party.
91a.9 Dismissal Procedure Cumulative. This rule is in addition to, and does not supersede or
affect, other procedures that authorize dismissal.
Comment to 2013 change: Rule 91a is a new rule implementing section 22.004(g) of the
Texas Government Code, which was added in 2011 and calls for rules to provide for the
dismissal of causes of action that have no basis in law or fact on motion and without
evidence. A motion to dismiss filed under this rule must be ruled on by the court within 45
days unless the motion, pleading, or cause of action is withdrawn, amended, or nonsuited as
specified in 91a.5. If an amended motion is filed in response to an amended cause of action
in accordance with 91a.5(b), the court must rule on the motion within 45 days of the filing
of the amended motion and the respondent must be given an opportunity to respond to the
amended motion. The term “hearing” in the rule includes both submission and an oral
hearing. Attorney fees awarded under 91a.7 are limited to those associated with challenged
cause of action, including fees for preparing or responding to the motion to dismiss.
RULE 92. GENERAL DENIAL
A general denial of matters pleaded by the adverse party which are not required to be denied under
oath, shall be sufficient to put the same in issue. When the defendant has pleaded a general denial,
and the plaintiff shall afterward amend his pleading, such original denial shall be presumed to extend
to all matters subsequently set up by the plaintiff.
When a counterclaim or cross-claim is served upon a party who has made an appearance in the
action, the party so served, in the absence of a responsive pleading, shall be deemed to have pleaded
a general denial of the counterclaim or cross-claim, but the party shall not be deemed to have waived
any special appearance or motion to transfer venue. In all other respects the rules prescribed for
pleadings of defensive matter are applicable to answers to counterclaims and cross-claims.
RULE 93. CERTAIN PLEAS TO BE VERIFIED
A pleading setting up any of the following matters, unless the truth of such matters appear of record,
shall be verified by affidavit.
1. That the plaintiff has not legal capacity to sue or that the defendant has not legal
capacity to be sued.
2. That the plaintiff is not entitled to recover in the capacity in which he sues, or that
the defendant is not liable in the capacity in which he is sued.
3. That there is another suit pending in this State between the same parties involving
the same claim.
4. That there is a defect of parties, plaintiff or defendant.
5. A denial of partnership as alleged in any pleading as to any party to the suit.
6. That any party alleged in any pleading to be a corporation is not incorporated as
alleged.
7. Denial of the execution by himself or by his authority of any instrument in writing,
upon which any pleading is founded, in whole or in part and charged to have been
executed by him or by his authority, and not alleged to be lost or destroyed. Where
such instrument in writing is charged to have been executed by a person then
deceased, the affidavit shall be sufficient if it states that the affiant has reason to
believe and does believe that such instrument was not executed by the decedent or
by his authority. In the absence of such a sworn plea, the instrument shall be received
in evidence as fully proved.
8. A denial of the genuineness of the indorsement or assignment of a written instrument
upon which suit is brought by an indorsee or assignee and in the absence of such a
sworn plea, the indorsement or assignment thereof shall be held as fully proved. The
denial required by this subdivision of the rule may be made upon information and
belief.
9. That a written instrument upon which a pleading is founded is without consideration,
or that the consideration of the same has failed in whole or in part.
10. A denial of an account which is the foundation of the plaintiff’s action, and supported
by affidavit.
11. That a contract sued upon is usurious. Unless such plea is filed, no evidence of
usurious interest as a defense shall be received.
12. That notice and proof of loss or claim for damage has not been given as alleged.
Unless such plea is filed such notice and proof shall be presumed and no evidence
to the contrary shall be admitted. A denial of such notice or such proof shall be made
specifically and with particularity.
13. In the trial of any case appealed to the court from the Industrial Accident Board the
following, if pleaded, shall be presumed to be true as pleaded and have been done
and filed in legal time and manner, unless denied by verified pleadings:
(a) Notice of injury.
(b) Claim for Compensation.
(c) Award of the Board.
(d) Notice of intention not to abide by the award of the Board.
(e) Filing of suit to set aside the award.
(f) That the insurance company alleged to have been the carrier of the workers’
compensation insurance at the time of the alleged injury was in fact the
carrier thereof.
(g) That there was good cause for not filing claim with the Industrial Accident
Board within the one year period provided by statute.
(h) Wage rate.
A denial of any of the matters set forth in subdivisions (a) or (g) of paragraph 13 may
be made on information and belief.
Any such denial may be made in original or amended pleadings; but if in amended
pleadings the same must be filed not less than seven days before the case proceeds
to trial. In case of such denial the things so denied shall not be presumed to be true,
and if essential to the case of the party alleging them, must be proved.
14. That a party plaintiff or defendant is not doing business under an assumed name or
trade name as alleged.
15. In the trial of any case brought against an automobile insurance company by an
insured under the provisions of an insurance policy in force providing protection
against uninsured motorists, an allegation that the insured has complied with all the
terms of the policy as a condition precedent to bringing the suit shall be presumed
to be true unless denied by verified pleadings which may be upon information and
belief.
16. Any other matter required by statute to be pleaded under oath.
RULE 94. AFFIRMATIVE DEFENSES
In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction,
arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress,
estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment,
release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter
constituting an avoidance or affirmative defense. Where the suit is on an insurance contract which
insures against certain general hazards, but contains other provisions limiting such general liability,
the party suing on such contract shall never be required to allege that the loss was not due to a risk
or cause coming within any of the exceptions specified in the contract, nor shall the insurer be
allowed to raise such issue unless it shall specifically allege that the loss was due to a risk or cause
coming within a particular exception to the general liability; provided that nothing herein shall be
construed to change the burden of proof on such issue as it now exists.
RULE 95. PLEAS OF PAYMENT
When a defendant shall desire to prove payment, he shall file with his plea an account stating
distinctly the nature of such payment, and the several items thereof; failing to do so, he shall not be
allowed to prove the same, unless it be so plainly and particularly described in the plea as to give
the plaintiff full notice of the character thereof.
RULE 96. NO DISCONTINUANCE
Where the defendant has filed a counterclaim seeking affirmative relief, the plaintiff shall not be
permitted by a discontinuance of his suit, to prejudice the right of the defendant to be heard on such
counterclaim.
RULE 97. COUNTERCLAIM AND CROSS-CLAIM
(a) Compulsory Counterclaims. A pleading shall state as a counterclaim any claim within the
jurisdiction of the court, not the subject of a pending action, which at the time of filing the
pleading the pleader has against any opposing party, if it arises out of the transaction or
occurrence that is the subject matter of the opposing party’s claim and does not require for
its adjudication the presence of third parties of whom the court cannot acquire jurisdiction;
provided, however, that a judgment based upon a settlement or compromise of a claim of one
party to the transaction or occurrence prior to a disposition on the merits shall not operate
as a bar to the continuation or assertion of the claims of any other party to the transaction or
occurrence unless the latter has consented in writing that said judgment shall operate as a
bar.
(b) Permissive Counterclaims. A pleading may state as a counterclaim any claim against an
opposing party whether or not arising out of the transaction or occurrence that is the subject
matter of the opposing party’s claim.
(c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or
defeat the recovery sought by the opposing party. It may claim relief exceeding in amount
or different in kind from that sought in the pleading of the opposing party, so long as the
subject matter is within the jurisdiction of the court.
(d) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or
was acquired by the pleader after filing his pleading may be presented as a counterclaim by
amended pleading.
(e) Cross-Claim Against Co-Party. A pleading may state as a cross-claim any claim by one
party against a co-party arising out of the transaction or occurrence that is the subject matter
either of the original action or of a counterclaim therein. Such cross-claim may include a
claim that the party against whom it is asserted is or may be liable to the cross-claimant for
all or part of a claim asserted in the action against the cross-claimant.
(f) Additional Parties. Persons other than those made parties to the original action may be
made parties to a third party action, counterclaim or cross-claim in accordance with the
provisions of Rules 38, 39 and 40.
(g) Tort shall not be the subject of set-off or counterclaim against a contractual demand nor a
contractual demand against tort unless it arises out of or is incident to or is connected with
same.
(h) Separate Trials; Separate Judgments. If the court orders separate trials as provided in
Rule 174, judgment on a counterclaim or cross-claim may be rendered when the court has
jurisdiction so to do, even if the claims of the opposing party have been dismissed or
otherwise disposed of.
RULE 98. SUPPLEMENTAL ANSWERS
The defendant’s supplemental answers may contain special exceptions, general denial, and the
allegations of new matter not before alleged by him, in reply to that which has been alleged by the
plaintiff.
SECTION 5. CITATION
RULE 99. ISSUANCE AND FORM OF CITATION
a. Issuance. Upon the filing of the petition, the clerk, when requested, shall forthwith issue
a citation and deliver the citation as directed by the requesting party. The party requesting
citation shall be responsible for obtaining service of the citation and a copy of the petition.
Upon request, separate or additional citations shall be issued by the clerk. The clerk must
retain a copy of the citation in the court’s file.
b. Form. The citation shall (1) be styled “The State of Texas,” (2) be signed by the clerk under
seal of court, (3) contain name and location of the court, (4) show date of filing of the
petition, (5) show date of issuance of citation, (6) show file number, (7) show names of
parties, (8) be directed to the defendant, (9) show the name and address of attorney for
plaintiff, otherwise the address of plaintiff, (10) contain the time within which these rules
require the defendant to file a written answer with the clerk who issued citation, (11) contain
address of the clerk, and (12) shall notify the defendant that in case of failure of defendant
to file and answer, judgment by default may be rendered for the relief demanded in the
petition. The citation shall direct the defendant to file a written answer to the plaintiff’s
petition on or before 10:00 a.m. on the Monday next after the expiration of twenty days after
the date of service thereof. The requirement of subsections 10 and 12 of this section shall be
in the form set forth in section c of this rule.
c. Notice. The citation shall include the following notice to the defendant: “You have been
sued. You may employ an attorney. If you or your attorney do not file a written answer with
the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration
of twenty days after you were served this citation and petition, a default judgment may be
taken against you.”
d. Copies. The party filing any pleading upon which citation is to be issued and served shall
furnish the clerk with a sufficient number of copies thereof for use in serving the parties to
be served, and when copies are so furnished the clerk shall make no charge for the copies.
[RULE 100. Repealed effective January 1, 1988]
[RULE 101. Repealed effective January 1, 1988]
[RULE 102. Repealed effective January 1, 1988]
RULE 103. WHO MAY SERVE
Process—including citation and other notices, writs, orders, and other papers issued by the
court—may be served anywhere by (1) any sheriff or constable or other person authorized by law,
(2) any person authorized by law or by written order of the court who is not less than eighteen years
of age, or (3) any person certified under order of the Supreme Court. Service by registered or
certified mail and citation by publication must, if requested, be made by the clerk of the court in
which the case is pending. But no person who is a party to or interested in the outcome of a suit may
serve any process in that suite, and, unless otherwise authorized by a written court order, only a
sheriff or constable may serve a citation in an action of forcible entry and detainer, a writ that
requires the actual taking of possession of a person, property or thing, or process requiring that an
enforcement action be physically enforced by the person delivery the process. The order authorizing
a person to serve process may be made without written motion and no fee may be imposed for
issuance of such order.
[RULE 104. Repealed effective January 1, 1988]
RULE 105. DUTY OF OFFICER OR PERSON RECEIVING
The officer or authorized person to whom process is delivered shall endorse thereon the day and
hour on which he received it, and shall execute and return the same without delay.
RULE 106. METHOD OF SERVICE
(a) Unless the citation or an order of the court otherwise directs, the citation shall be served by
any person authorized by Rule 103 by
(1) delivering to the defendant, in person, a true copy of the citation with the date of
delivery endorsed thereon with a copy of the petition attached thereto, or
(2) mailing to the defendant by registered or certified mail, return receipt requested, a
true copy of the citation with a copy of the petition attached thereto.
(b) Upon motion supported by affidavit stating the location of the defendant’s usual place of
business or usual place of abode or other place where the defendant can probably be found
and stating specifically the facts showing that service has been attempted under either (a)(1)
or (a)(2) at the location named in such affidavit but has not been successful, the court may
authorize service
(1) by leaving a true copy of the citation, with a copy of the petition attached, with
anyone over sixteen years of age at the location specified in such affidavit, or
(2) in any other manner that the affidavit or other evidence before the court shows will
be reasonably effective to give the defendant notice of the suit.
RULE 107. RETURN OF SERVICE
(a) The officer or authorized person executing the citation must complete a return of service.
The return may, but need not, be endorsed on or attached to the citation.
(b) The return, together with any documents to which it is attached, must include the following
information:
(1) the cause number and case name;
(2) the court in which the case is filed;
(3) a description of what was served;
(4) the date and time the process was received for service;
(5) the person or entity served;
(6) the address served;
(7) the date of service or attempted service;
(8) the manner of delivery of service or attempted service;
(9) the name of the person who served or attempted to serve the process;
(10) if the person named in (9) is a process server certified under order of the Supreme
Court, his or her identification number and the expiration date of his or her
certification; and
(11) any other information required by rule or law.
(c) When the citation was served by registered or certified mail as authorized by Rule 106, the
return by the officer or authorized person must also contain the return receipt with the
addressee’s signature.
(d) When the officer or authorized person has not served the citation, the return shall show the
diligence used by the officer or authorized person to execute the same and the cause of
failure to execute it, and where the defendant is to be found, if ascertainable.
(e) The officer or authorized person who serves or attempts to serve a citation must sign the
return. If the return is signed by a person other than a sheriff, constable, or the clerk of the
court, the return must either be verified or be signed under penalty of perjury. A return
signed under penalty of perjury must contain the statement below in substantially the
following form:
“My name is ____________________, my date of birth is _______________, and
(First) (Middle) (Last)
my address is ________________,_____________,____________, ___________, and
(Street) (City) (State) (Zip Code)
____________. I declare under penalty of perjury that the foregoing is true and correct.
(Country)
Executed in ___________County, State of __________, on the _____ day of ______,
(Month)
______.
Year
___________________________________________.”
(Declarant)
(f) Where citation is executed by an alternative method as authorized by Rule 106, proof of
service shall be made in the manner ordered by the court.
(g) The return and any document to which it is attached must be filed with the court and may
be filed electronically or by facsimile, if those methods of filing are available.
(h) No default judgment shall be granted in any cause until proof of service as provided by this
rule or by Rules 108 or 108a, or as ordered by the court in the event citation is executed by
an alternative method under Rule 106, shall have been on file with the clerk of the court ten
days, exclusive of the day of filing and the day of judgment.
RULE 108. SERVICE IN ANOTHER STATE
Where the defendant is absent from the State, or is a nonresident of the State, the form of notice to
such defendant of the institution of the suit shall be the same as prescribed for citation to a resident
defendant; and such notice may be served by any disinterested person who is not less than eighteen
years of age, in the same manner as provided in Rule 106 hereof. The return of service in such cases
shall be completed in accordance with Rule 107. A defendant served with such notice shall be
required to appear and answer in the same manner and time and under the same penalties as if he
had been personally served with a citation within this State to the full extent that he may be required
to appear and answer under the Constitution of the United States in an action either in rem or in
personam.
RULE 108a. SERVICE OF PROCESS IN FOREIGN COUNTRIES
(1) Manner. Service of process may be effected upon a party in a foreign country if service of
the citation and petition is made:
(a) in the manner prescribed by the law of the foreign country for service in that country
in an action in any of its courts of general jurisdiction; or
(b) as directed by the foreign authority in response to a letter rogatory or a letter of
request; or
(c) in the manner provided by Rule 106; or
(d) pursuant to the terms and provisions of any applicable treaty or convention; or
(e) by diplomatic or consular officials when authorized by the United States Department
of State; or
(f) by any other means directed by the court that is not prohibited by the law of the
country where service is to be made.
The method for service of process in a foreign country must be reasonably calculated, under
all of the circumstances, to give actual notice of the proceedings to the defendant in time to
answer and defend. A defendant served with process under this rule shall be required to
appear and answer in the same manner and time and under the same penalties as if he had
been personally served with citation within this state to the full extent that he may be
required to appear and answer under the Constitution of the United States or under any
applicable convention or treaty in an action either in rem or in personam.
(2) Return. Proof of service may be made as prescribed by the law of the foreign country, by
order of the court, by Rule 107, or by a method provided in any applicable treaty or
convention.
RULE 109. CITATION BY PUBLICATION
When a party to a suit, his agent or attorney, shall make oath that the residence of any party
defendant is unknown to affiant, and to such party when the affidavit is made by his agent or
attorney, or that such defendant is a transient person, and that after due diligence such party and the
affiant have been unable to locate the whereabouts of such defendant, or that such defendant is
absent from or is a nonresident of the State, and that the party applying for the citation has attempted
to obtain personal service of nonresident notice as provided for in Rule 108, but has been unable to
do so, the clerk shall issue citation for such defendant for service by publication. In such cases it
shall be the duty of the court trying the case to inquire into the sufficiency of the diligence exercised
in attempting to ascertain the residence or whereabouts of the defendant or to obtain service of
nonresident notice, as the case may be, before granting any judgment on such service.
RULE 109a. OTHER SUBSTITUTED SERVICE
Whenever citation by publication is authorized, the court may, on motion, prescribe a different
method of substituted service, if the court finds, and so recites in its order, that the method so
prescribed would be as likely as publication to give defendant actual notice. When such method of
substituted service is authorized, the return of the officer executing the citation shall state
particularly the manner in which service is accomplished, and shall attach any return receipt,
returned mail, or other evidence showing the result of such service. Failure of defendant to respond
to such citation shall not render the service invalid. When such substituted service has been obtained
and the defendant has not appeared, the provisions of Rules 244 and 329 shall apply as if citation
had been served by publication.
RULE 110. EFFECT OF RULES ON OTHER STATUTES
Where by statute or these rules citation by publication is authorized and the statute or rules do not
specify the requisites of such citation or the method of service thereof, or where they direct that such
citation be issued or served as in other civil actions, the provisions of these rules shall govern.
Where, however, the statute authorizing citation by publication provides expressly for requisites of
such citation or service thereof, or both, differing from the provisions of Rules 114, 115, and 116,
these rules shall not govern, but the special statutory procedure shall continue in force; provided,
however, that Rule 117a shall control with respect to citation in tax suits.
RULE 111. CITATION BY PUBLICATION IN ACTION AGAINST UNKNOWN HEIRS
OR STOCKHOLDERS OF DEFUNCT CORPORATIONS
If the plaintiff, his agent, or attorney, shall make oath that the names of the heirs or stockholders
against whom an action is authorized by Section 17.004, Civil Practice and Remedies Code, are
unknown to the affiant, the clerk shall issue a citation for service by publication. Such citation shall
be addressed to the defendants by a concise description of their classification, as “the Unknown
Heirs of A.B., deceased,” or “Unknown Stockholders of _________________ Corporation,” as the
case may be, and shall contain the other requisites prescribed in Rules 114 and 115 and shall be
served as provided by Rule 116.
RULE 112. PARTIES TO ACTIONS AGAINST UNKNOWN OWNERS
OR CLAIMANTS OF INTEREST IN LAND
In suits authorized by Section 17.005, Civil Practice and Remedies Code, all persons claiming under
such conveyance whose names are known to plaintiff shall be made parties by name and cited to
appear, in the manner now provided by law as in other suits; all other persons claiming any interest
in such land under such conveyance may be made parties to the suit and cited by publication under
the designation “all persons claiming any title or interest in land under deed heretofore given to
_________________ of _________________ as grantee” (inserting in the blanks the name and
residence of grantee as given in such conveyance). It shall be permissible to join in one suit all
persons claiming under two or more conveyances affecting title to the same tract of land.
RULE 113. CITATION BY PUBLICATION IN ACTIONS AGAINST
UNKNOWN OWNERS OR CLAIMANTS OF INTEREST IN LAND
In suits authorized by Section 17.005, Civil Practice and Remedies Code, plaintiff, his agent or
attorney shall make and file with the clerk of the court an affidavit, stating
(a) the name of the grantee as set out in the conveyance constituting source of title of
defendants, and
(b) stating that affiant does not know the names of any persons claiming title or interest
under such conveyance other than as stated in plaintiff’s petition and
(c) if the conveyance is to a company or association name as grantee, further stating
whether grantee is incorporated or unincorporated, if such fact is known, and if such
fact is unknown, so stating.
Said clerk shall thereupon issue a citation for service upon all persons claiming any title or
interest in such land under such conveyance. The citation in such cases shall contain the
requisites and be served in the manner provided in Rules 114, 115 and 116.
RULE 114. CITATION BY PUBLICATION; REQUISITES
Where citation by publication is authorized by these rules, the citation shall contain the requisites
prescribed by Rules 15 and 99, in so far as they are not inconsistent herewith, provided that no copy
of the plaintiff’s petition shall accompany this citation, and the citation shall be styled “The State of
Texas” and shall be directed to the defendant or defendants by name, if their names are known, or
to the defendant or defendants as designated in the petition, if unknown, or such other classification
as may be fixed by any statute or by these rules. Where there are two or more defendants or classes
of defendants to be served by publication, the citation may be directed to all of them by name and
classification, so that service may be completed by publication of the one citation for the required
number of times. The citation shall contain the names of the parties, a brief statement of the nature
of the suit (which need not contain the details and particulars of the claim) a description of any
property involved and of the interest of the named or unknown defendant or defendants, and, where
the suit involves land, the requisites of Rule 115. If issued from the district or county court, the
citation shall command such parties to appear and answer at or before 10 o’clock a.m. of the first
Monday after the expiration of 42 days from the date of issuance thereof, specifying the day of the
week, the day of the month, and the time of day the defendant is required to answer. If issued from
the justice of the peace court, such citation shall command such parties to appear and answer on or
before the first day of the first term of court which convenes after the expiration of 42 days from the
date of issue thereof, specifying the day of the week, and the day of the month, that such term will
meet.
RULE 115. FORM OF PUBLISHED CITATION IN ACTIONS INVOLVING LAND
In citations by publication involving land, it shall be sufficient in making the brief statement of the
claim in such citation to state the kind of suit, the number of acres of land involved in the suit, or
the number of the lot and block, or any other plat description that may be of record if the land is
situated in a city or town, the survey on which and the county in which the land is situated, and any
special pleas which are relied upon in such suit.
RULE 116. SERVICE OF CITATION BY PUBLICATION
The citation, when issued, shall be served by the sheriff or any constable of any county of the State
of Texas or by the clerk of the court in which the case is pending, by having the same published once
each week for four (4) consecutive weeks, the first publication to be at least twenty-eight (28) days
before the return day of the citation. In all suits which do not involve the title to land or the partition
of real estate, such publication shall be made in the county where the suit is pending, if there be a
newspaper published in said county, but if not, then in an adjoining county where a newspaper is
published. In all suits which involve the title to land or partition of real estate, such publication shall
be made in the county where the land, or a portion thereof, is situated, if there be a newspaper in
such county, but if not, then in an adjoining county to the county where the land or a part thereof is
situated, where a newspaper is published.
RULE 117. RETURN OF CITATION BY PUBLICATION
The return of the officer executing such citation shall show how and when the citation was executed,
specifying the dates of such publication, be signed by him officially and shall be accompanied by
a printed copy of such publication.
RULE 117a. CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXES
In all suits for collection of delinquent ad valorem taxes, the rules of civil procedure governing
issuance and service of citation shall control the issuance and service of citation therein, except as
herein otherwise specially provided.
1. Personal Service: Owner and Residence Known, Within State. Where any defendant in
a tax suit is a resident of the State of Texas and is not subject to citation by publication under
subdivision 3 below, the process shall conform substantially to the form hereinafter set out
for personal service and shall contain the essential elements and be served and returned and
otherwise regulated by the provisions of Rules 99 to 107, inclusive.
2. Personal Service: Owner and Residence Known, Out of State. Where any such
defendant is absent from the State or is a nonresident of the State and is not subject to
citation by publication under subdivision 3 below, the process shall conform substantially
to the form hereinafter set out for personal service and shall contain the essential elements
and be served and returned and otherwise regulated by the provisions of Rule 108.
3. Service by Publication: Nonresident, Absent From State, Transient, Name Unknown,
Residence Unknown, Owner Unknown, Heirs Unknown, Corporate Officers, Trustees,
Receivers or Stockholders Unknown, Any Other Unknown Persons Owing or Claiming
or Having an Interest. Where any defendant in a tax suit is a nonresident of the State, or
is absent from the State, or is a transient person, or the name or the residence of any owner
of any interest in any property upon which a tax lien is sought to be foreclosed, is unknown
to the attorney requesting the issuance of process or filing the suit for the taxing unit, and
such attorney shall make affidavit that such defendant is a nonresident of the State, or is
absent from the State, or is a transient person, or that the name or residence of such owner
is unknown and cannot be ascertained after diligent inquiry, each such person in every such
class above mentioned, together with any and all other persons, including adverse claimants,
owning or claiming or having any legal or equitable interest in or lien upon such property,
may be cited by publication. All unknown owners of any interest in any property upon which
any taxing unit seeks to foreclose a lien for taxes, including stockholders of corporations –
defunct or otherwise – their successors, heirs, and assigns, may be joined in such suit under
the designation of “unknown owners” and citation be had upon them as such; provided,
however, that record owners of such property or of any apparent interest therein, including,
without limitation, record lien holders, shall not be included in the designation of “unknown
owners”; and provided further that where any record owner has rendered the property
involved within five years before the tax suit is filed, citation on such record owner may not
be had by publication or posting unless citation for personal service has been issued as to
such record owner, with a notation thereon setting forth the same address as is contained on
the rendition sheet made within such five years, and the sheriff or other person to whom
citation has been delivered makes his return thereon that he is unable to locate the defendant.
Where any attorney filing a tax suit for a taxing unit, or requesting the issance of process in
such suit, shall make affidavit that a corporation is the record owner of any interest in any
property upon which a tax lien is sought to be foreclosed, and that he does not know, and
after diligent inquiry has been unable to ascertain, the location of the place of business, if
any, of such corporation, or the name or place of residence of any officer of such corporation
upon whom personal service may be had, such corporation may be cited by publication as
herein provided. All defendants of the classes enumerated above may be joined in the same
citation by publication.
An affidavit which complies with the foregoing requirements therefor shall be sufficient
basis for the citation above mentioned in connection with it but shall be held to be made
upon the criminal responsibility of affiant.
Such citation by publication shall be directed to the defendants by names or by designation
as hereinabove provided, and shall be issued and signed by the clerk of the court in which
such tax suit is pending. It shall be sufficient if it states the file number and style of the case,
the date of the filing of the petition, the names of all parties by name or by designation as
hereinabove provided, and the court in which the suit is pending; shall command such parties
to appear and defend such suit at or before 10 o’clock a.m. of the first Monday after the
expiration of forty-two days from the date of the issuance thereof, specifying such date when
such parties are required to answer; shall state the place of holding the court, the nature of
the suit, and the date of the issuance of the citation; and shall be signed and sealed by the
clerk.
The citation shall be published in the English language one time a week for two weeks in
some newspaper published in the county in which the property is located, which newspaper
must have been in general circulation for at least one year immediately prior to the first
publication and shall in every respect answer the requirements of the law applicable to
newspapers which are employed for such a purpose, the first publication to be not less than
twenty-eight days prior to the return day fixed in the citation; and the affidavit of the editor
or publisher of the newspaper giving the date of publication, together with a printed copy of
the citation as published, shall constitute sufficient proof of due publication when returned
and filed in court. If there is no newspaper published in the county, then the publication may
be made in a newspaper in an adjoining county, which newspaper shall in every respect
answer the requirements of the law applicable to newspapers which are employed for such
a purpose. The maximum fee for publishing the citation shall be the lowest published word
or line rate of that newspaper for classified advertising. If the publication of the citation
cannot be had for this fee, chargeable as costs and payable upon sale of the property, as
provided by law, and this fact is supported by the affidavit of the attorney for the plaintiff
or the attorney requesting the issuance of the process, then service of the citation may be
made by posting a copy at the courthouse door of the county in which the suit is pending,
the citation to be posted at least twenty-eight days prior to the return day fixed in the citation.
Proof of the posting of the citation shall be made by affidavit of the attorney for the plaintiff,
or of the person posting it. When citation is served as here provided it shall be sufficient, and
no other form of citation or notice to the named defendants therein shall be necessary.
4. Citation in Tax Suits: General Provisions. Any process authorized by this rule may issue
jointly in behalf of all taxing units who are plaintiffs or intervenors in any tax suit. The
statement of the nature of the suit, to be set out in the citation, shall be sufficient if it
contains a brief general description of the property upon which the taxes are due and the
amount of such taxes, exclusive of interest, penalties, and costs, and shall state, in substance,
that in such suit the plaintiff and all other taxing units who may set up their claims therein
seek recovery of the delinquent ad valorem taxes due on said property, and the
(establishment and foreclosure) of liens, if any, securing the payment of same, as provided
by law; that in addition to the taxes all interest, penalties, and costs allowed by law up to and
including the day of judgment are included in the suit; and that all parties to the suit,
including plaintiff, defendants, and intervenors, shall take notice that claims for any taxes
on said property becoming delinquent subsequent to the filing of the suit and up to the day
of judgment, together with all interest, penalties, and costs allowed by law thereon, may,
upon request therefor, be recovered therein without further citation or notice to any parties
thereto. Such citation need not be accompanied by a copy of plaintiff’s petition and no such
copy need be served. Such citation shall also show the names of all taxing units which assess
and collect taxes on said property not made parties to such suit, and shall contain, in
substance, a recitation that each party to such suit shall take notice of, and plead and answer
to, all claims and pleadings then on file or thereafter filed in said cause by all other parties
therein, or who may intervene therein and set up their respective tax claims against said
property. After citation or notice has been given on behalf of any plaintiff or intervenor
taxing unit, the court shall have jurisdiction to hear and determine the tax claims of all taxing
units whoare parties plaintiff, intervenor or defendant at the time such process is issued and
of all taxing units intervening after such process is issued, not only for the taxes, interest,
penalties, and costs which may be due on said property at the time the suit is filed, but those
becoming delinquent thereon at any time thereafter up to and including the day of judgment,
without the necessity of further citation or notice to any party to said suit; and any taxing
unit having a tax claim against said property may, by answer or intervention, set up and have
determined its tax claim without the necessity of further citation or notice to any parties to
such suit.
5. Form of Citation by Publication or Posting. The form of citation by publication or
posting shall be sufficient if it is in substantially the following form, with proper changes to
make the same applicable to personal property, where necessary, and if the suit includes or
is for the recovery of taxes assessed on personal property, a general description of such
personal property shall be sufficient:
THE STATE OF TEXAS )
COUNTY OF ________________________)
In the name and by the authority of the State of Texas
Notice is hereby given as follows:
To _________________
____________________
and any and all other persons, including adverse claimants, owning or having or claiming any legal
or equitable interest in or lien upon the following described property delinquent to Plaintiff herein,
for taxes, to-wit:
_________________
_________________
Which said property is delinquent to Plaintiff for taxes in the following amounts:
$ _________________, exclusive of interest, penalties, and costs, and there is included in this suit
in addition to the taxes all said interest, penalties, and costs thereon, allowed by law up to and
including the day of judgment herein.
You are hereby notified that suit has been brought by _________________ as Plaintiffs, against
_________________ as Defendants, by petition filed on the _________________ day of
_________________, 19_________________, in a certain suit styled _________________ v.
_________________ for collection of the taxes on said property and that said suit is now pending
in the District Court of _________________ County, Texas, _________________ Judicial District,
and the file number of said suit is _________________, that the names of all taxing units which
assess and collect taxes on the property hereinabove described, not made parties to this suit, are ______________.
Plaintiff and all other taxing units who may set up their tax claims herein seek recovery of
delinquent ad valorem taxes on the property hereinabove described, and in addition to the taxes all
interest, penalties, and costs allowed by law thereon up to and including the day of judgment herein,
and the establishment and foreclosure of liens, if any, securing the payment of same, as provided by
law.
All parties to this suit, including plaintiff, defendants, and intervenors, shall take notice that claims
not only for any taxes which were delinquent on said property at the time this suit was filed but all
taxes becoming delinquent thereon at any time thereafter up to the day of judgment, including all
interest, penalties, and costs allowed by law thereon, may, upon request therefor, be recovered herein
without further citation or notice to any parties herein, and all said parties shall take notice of and
plead and answer to all claims and pleadings now on file and which may hereafter be filed in said
cause by all other parties herein, and all of those taxing units above named who may intervene
herein and set up their respective tax claims against said property.
You are hereby commanded to appear and defend such suit on the first Monday after the expiration
of forty-two (42) days from and after the date of issuance hereof, the same being the
_________________ day of _________________, A.D., 19_________________ (which is the
return day of such citation), before the honorable District Court of _________________ County,
Texas, to be held at the courthouse thereof, then and there to show cause why judgment shall not be
rendered for such taxes, penalties, interest, and costs, and condemning said property and ordering
foreclosure of the constitutional and statutory tax liens thereon for taxes due the plaintiff and the
taxing units parties hereto, and those who may intervene herein, together with all interest, penalties,
and costs allowed by law up to and including the day of judgment herein, and all costs of this suit.
Issued and given under my hand and seal of said court in the City of _________________,
_________________ County, Texas, this _________________ day of _________________, A.D.,
19_________________.
_________________
Clerk of the District Court.
_________________ County, Texas,
_________________ Judicial District.
6. Form of Citation by Personal Service in or out of State. The form of citation for personal
service shall be sufficient if it is in substantially the following form, with proper changes to
make the same applicable to personal property, where necessary, and if the suit includes or
is for the recovery of taxes assessed on personal property, a general description of such
personal property shall be sufficient:
THE STATE OF TEXAS
To _________________, Defendant,
GREETING:
YOU ARE HEREBY COMMANDED to appear and answer before the Honorable District Court,
_________________ Judicial District, _________________ County, Texas, at the Courthouse of
said county in _________________, Texas, at or before 10 o’clock a.m. of the Monday next after
the expiration of 20 days from the date of service of this citation, then and there to answer the
petition of _________________, Plaintiff, filed in said Court on the _________________ day of
_________________, A.D., 19_________________, against _________________, Defendant, said
suit being number _________________ on the docket of said Court, the nature of which demand
is a suit to collect delinquent ad valorem taxes on the property hereinafter described.
The amount of taxes due Plaintiff, exclusive of interest, penalties, and costs, is the sum of $
_________________, said property being described as follows, to-wit: _________________
__________________________________
The names of all taxing units which assess and collect taxes on said property, not made parties to
this suit, are: _________________
Plaintiff and all other taxing units who may set up their tax claims herein seek recovery of
delinquent ad valorem taxes on the property hereinabove described, and in addition to the taxes all
interest, penalties, and costs allowed by law thereon up to and including the day of judgment herein,
and the establishment and foreclosure of liens securing the payment of same, as provided by law.
All parties to this suit, including plaintiff, defendants, and intervenors, shall take notice that claims
not only for any taxes which were delinquent on said property at the time this suit was filed but all
taxes becoming delinquent thereon at any time thereafter up to the day of judgment, including all
interest, penalties, and costs allowed by law thereon, may, upon request therefor, be recovered herein
without further citation or notice to any parties herein, and all said parties shall take notice of and
plead and answer to all claims and pleadings now on file and which may hereafter be filed in this
cause by all other parties hereto, and by all of those taxing units above named, who may intervene
herein and set up their respective tax claims against said property.
If this citation is not served within 90 days after the date of its issuance, it shall be returned unserved.
The officer executing this return shall promptly serve the same according to the requirements of law
and the mandates hereof and make due return as the law directs.
Issued and given under my hand and seal of said Court at _________________, Texas, this the
_________________ day of _________________, A.D., 19_________________.
_________________
Clerk of the District Court of
_________________ County, Texas.
By _________________, Deputy.
_________________
RULE 118. AMENDMENT
At any time in its discretion and upon such notice and on such terms as it deems just, the court may
allow any process or proof of service thereof to be amended, unless it clearly appears that material
prejudice would result to the substantial rights of the party against whom the process issued.
RULE 119. ACCEPTANCE OF SERVICE
The defendant may accept service of process, or waive the issuance or service thereof by a written
memorandum signed by him, or by his duly authorized agent or attorney, after suit is brought, sworn
to before a proper officer other than an attorney in the case, and filed among the papers of the cause,
and such waiver or acceptance shall have the same force and effect as if the citation had been issued
and served as provided by law. The party signing such memorandum shall be delivered a copy of
plaintiff’s petition, and the receipt of the same shall be acknowledged in such memorandum. In every
divorce action such memorandum shall also include the defendant’s mailing address.
RULE 119a. COPY OF DECREE
The district clerk shall forthwith mail a certified copy of the final divorce decree or order of
dismissal to the party signing a memorandum waiving issuance or service of process. Such divorce
decree or order of dismissal shall be mailed to the signer of the memorandum at the address stated
in such memorandum or to the office of his attorney of record.
RULE 120. ENTERING APPEARANCE
The defendant may, in person, or by attorney, or by his duly authorized agent, enter an appearance
in open court. Such appearance shall be noted by the judge upon his docket and entered in the
minutes, and shall have the same force and effect as if the citation had been duly issued and served
as provided by law.
RULE 120a. SPECIAL APPEARANCE
1. Notwithstanding the provisions of Rules 121, 122 and 123, a special appearance may be
made by any party either in person or by attorney for the purpose of objecting to the
jurisdiction of the court over the person or property of the defendant on the ground that such
party or property is not amenable to process issued by the courts of this State. A special
appearance may be made as to an entire proceeding or as to any severable claim involved
therein. Such special appearance shall be made by sworn motion filed prior to motion to
transfer venue or any other plea, pleading or motion; provided however, that a motion to
transfer venue and any other plea, pleading, or motion may be contained in the same
instrument or filed subsequent thereto without waiver of such special appearance; and may
be amended to cure defects. The issuance of process for witnesses, the taking of depositions,
the serving of requests for admissions, and the use of discovery processes, shall not
constitute a waiver of such special appearance. Every appearance, prior to judgment, not in
compliance with this rule is a general appearance.
2. Any motion to challenge the jurisdiction provided for herein shall be heard and determined
before a motion to transfer venue or any other plea or pleading may be heard. No
determination of any issue of fact in connection with the objection to jurisdiction is a
determination of the merits of the case or any aspect thereof.
3. The court shall determine the special appearance on the basis of the pleadings, any
stipulations made by and between the parties, such affidavits and attachments as may be filed
by the parties, the results of discovery processes, and any oral testimony. The affidavits, if
any, shall be served at least seven days before the hearing, shall be made on personal
knowledge, shall set forth specific facts as would be admissible in evidence, and shall show
affirmatively that the affiant is competent to testify.
Should it appear from the affidavits of a party opposing the motion that he cannot for reasons
stated present by affidavit facts essential to justify his opposition, the court may order a
continuance to permit affidavits to be obtained or depositions to be taken or discovery to be
had or may make such other order as is just.
Should it appear to the satisfaction of the court at any time that any of such affidavits are
presented in violation of Rule 13, the court shall impose sanctions in accordance with that
rule.
4. If the court sustains the objection to jurisdiction, an appropriate order shall be entered. If the
objection to jurisdiction is overruled, the objecting party may thereafter appear generally for
any purpose. Any such special appearance or such general appearance shall not be deemed
a waiver of the objection to jurisdiction when the objecting party or subject matter is not
amenable to process issued by the courts of this State.
RULE 121. ANSWER IS APPEARANCE
An answer shall constitute an appearance of the defendant so as to dispense with the necessity for
the issuance or service of citation upon him.
RULE 122. CONSTRUCTIVE APPEARANCE
If the citation or service thereof is quashed on motion of the defendant, such defendant shall be
deemed to have entered his appearance at ten o’clock a.m. on the Monday next after the expiration
of twenty (20) days after the day on which the citation or service is quashed, and such defendant
shall be deemed to have been duly served so as to require him to appear and answer at that time, and
if he fails to do so, judgment by default may be rendered against him.
RULE 123. REVERSAL OF JUDGMENT
Where the judgment is reversed on appeal or writ of error for the want of service, or because of
defective service of process, no new citation shall be issued or served, but the defendant shall be
presumed to have entered his appearance to the term of the court at which the mandate shall be filed.
RULE 124. NO JUDGMENT WITHOUT SERVICE
In no case shall judgment be rendered against any defendant unless upon service, or acceptance or
waiver of process, or upon an appearance by the defendant, as prescribed in these rules, except
where otherwise expressly provided by law or these rules.
When a party asserts a counterclaim or a cross-claim against another party who has entered an
appearance, the claim may be served in any manner prescribed for service of citation or as provided
in Rule 21(a).
SECTION 6. COSTS AND SECURITY THEREFOR
RULE 125. PARTIES RESPONSIBLE
Each party to a suit shall be liable to the officers of the court for all costs incurred by himself.
RULE 126. FEE FOR EXECUTION OF PROCESS, DEMAND
No sheriff or constable shall be compelled to execute any process in civil cases coming from any
county other than the one in which he is an officer, unless the fees allowed him by law for the
service of such process shall be paid in advance; except when affidavit is filed, as provided by law
or these rules. The clerk issuing the process shall indorse thereon the words “pauper oath filed,” and
sign his name officially below them; and the officer in whose hands such process is placed for
service shall serve the same.
RULE 127. PARTIES LIABLE FOR OTHER COSTS
Each party to a suit shall be liable for all costs incurred by him. If the costs cannot be collected from
the party against whom they have been judged, execution may issue against any party in such suit
for the amount of costs incurred by such party, but no more.
[RULE 128. Repealed effective April 1, 1984]
RULE 129. HOW COSTS COLLECTED
If any party responsible for costs fails or refuses to pay the same within ten days after demand for
payment, the clerk or justice of the peace may make certified copy of the bill of costs then due, and
place the same in the hands of the sheriff or constable for collection. All taxes imposed on law
proceedings shall be included in the bill of costs. Such certified bill of costs shall have the force and
effect of an execution. The removal of a case by appeal shall not prevent the issuance of an
execution for costs.
RULE 130. OFFICER TO LEVY
The sheriff or constable upon demand and failure to pay said bill of costs, may levy upon a sufficient
amount of property of the person from whom said costs are due to satisfy the same, and sell such
property as under execution. Where such party is not a resident of the county where such suit is
pending, the payment of such costs may be demanded of his attorney of record; and neither the clerk
nor justice of the peace shall be allowed to charge any fee for making out such certified bill of costs,
unless he is compelled to make a levy.
RULE 131. SUCCESSFUL PARTY TO RECOVER
The successful party to a suit shall recover of his adversary all costs incurred therein, except where
otherwise provided.
[RULE 132. Repealed effective April 1, 1984]
RULE 133. COSTS OF MOTION
The court may give or refuse costs on motions at its discretion, except where otherwise provided by
law or these rules.
[RULE 134. Repealed effective April 1, 1984]
[RULE 135. Repealed effective April 1, 1984]
RULE 136. DEMAND REDUCED BY PAYMENTS
Where the plaintiff’s demand is reduced by payment to an amount which would not have been within
the jurisdiction of the court, the defendant shall recover his costs.
RULE 137. IN ASSAULT AND BATTERY, ETC.
In civil actions for assault and battery, slander and defamation of character, if the verdict or
judgment shall be for the plaintiff, but for less than twenty dollars, the plaintiff shall not recover his
costs, but each party shall be taxed with the costs incurred by him in such suit.
RULE 138. COST OF NEW TRIALS
The costs of new trials may either abide the result of the suit or may be taxed against the party to
whom the new trial is granted, as the court may adjudge when he grants such new trial.
RULE 139. ON APPEAL AND CERTIORARI
When a case is appealed, if the judgment of the higher court be against the appellant, but for less
amount than the original judgment, such party shall recover the costs of the higher court but shall
be adjudged to pay the costs of the court below; if the judgment be against him for the same or a
greater amount than in the court below, the adverse party shall recover the costs of both courts. If
the judgment of the court above be in favor of the party appealing and for more than the original
judgment, such party shall recover the costs of both courts; if the judgment be in his favor, but for
the same or a less amount than in the court below, he shall recover the costs of the court below, and
pay the costs of the court above.
RULE 140. NO FEE FOR COPY
No fee for a copy of a paper not required by law or these rules to be copied shall be taxed in the bill
of costs.
RULE 141. COURT MAY OTHERWISE ADJUDGE COSTS
The court may, for good cause, to be stated on the record, adjudge the costs otherwise than as
provided by law or these rules.
RULE 142. SECURITY FOR COSTS
The clerk shall require from the plaintiff fees for services rendered before issuing any process unless
filing is requested pursuant to Rule 145 of these rules.
RULE 143. RULE FOR COSTS
A party seeking affirmative relief may be ruled to give security for costs at any time before final
judgment, upon motion of any party, or any officer of the court interested in the costs accruing in
such suit, or by the court upon its own motion. If such rule be entered against any party and he failed
to comply therewith on or before twenty (20) days after notice that such rule has been entered, the
claim for affirmative relief of such party shall be dismissed.
RULE 143a. COSTS ON APPEAL TO COUNTY COURT
If the appellant fails to pay the costs on appeal from a judgment of a justice of the peace or small
claims court within twenty (20) days after being notified to do so by the county clerk, the appeal
shall be deemed not perfected and the county clerk shall return all papers in said cause to the justice
of the peace having original jurisdiction and the justice of the peace shall proceed as though no
appeal had been attempted.
RULE 144. JUDGMENT ON COST BOND
All bonds given as security for costs shall authorize judgment against all the obligors in such bond
for the said costs, to be entered in the final judgment of the cause.
RULE 145. AFFIDAVIT OF INDIGENCY
(a) Affidavit. In lieu of paying or giving security for costs of an original action, a party who is
unable to afford costs must file an affidavit as herein described. A “party who is unable to afford
costs” is defined as a person who is presently receiving a governmental entitlement based on
indigency or any other person who has no ability to pay costs.
Upon the filing of the affidavit, the clerk must docket the action, issue citation and provide
such other customary services as are provided any party.
(b) Contents of the Affidavit. The affidavit must contain complete information as to the party’s
identity, nature and amount of governmental entitlement income, nature and amount of employment
income, other income, (interest, dividends, et.), spouse’s income if available to the party, property
owned (other than homestead), cash or checking account, dependents, debts, and monthly expenses.
The affidavit shall contain the following statements: “I am unable to pay court costs. I verify that
the statements made in this affidavit are true and correct.” The affidavit shall be sworn before a
notary public or other officer authorized to administer oaths. If the party is represented by an
attorney on a contingent fee basis, due to the party’s indigency, the attorney may file a statement to
that effect to assist the court in understanding the financial condition of the party.
(c) IOLTA Certificate. If the party is represented by an attorney who is providing free legal
services, without contingency, because of the party’s indigency and the attorney is providing
services either directly or by referral from a program funded by the Interest on Lawyers Trust
Accounts (IOLTA) program, the attorney may file an IOLTA certificate confirming that the IOLTAfunded
program screened the party for income eligibility under the IOLTA income guidelines. A
party’s affidavit of inability accompanied by an attorney’s IOLTA certificate may not be contested.
(d) Contest. The defendent or the clerk may contest an affidavit that is not accompanied by an
IOLTA certificate by filing a written contest giving notice to all parties and, in an appeal under
Texas Government Code, Section 28.052, notice to both the small claims court and the county clerk.
A party’s affidavit of inability that attests to receipt of government entitlement based on indigency
may be contested only with respect to the veracity of the attestation. Temporary hearings will not
be continued pending the filing of the contest. If the court finds at the first regular hearing in the
course of the action that the party (other than a party receiving a governmental entitlement based on
indigency) is able to afford costs, the party must pay the costs of the action. Reasons for such a
finding must be contained in an order. Except with leave of court, no further steps in the action will
be taken by a party who is found able to afford costs until payment is made. If the party’s action
results in monetary award, and the court finds sufficient evidence monetary award to reimburse
costs, the party must pay the costs of the action. If the court finds that another party to the suit can
pay the costs of the action, the other party must pay the costs of the action.
(e) Attorney’s Fees and Costs. Nothing herein will prejudice any existing right to recover
attorney’s fees, expenses or costs from any other party.
RULE 146. DEPOSIT FOR COSTS
In lieu of a bond for costs, the party required to give the same may deposit with the clerk of court
or the justice of the peace such sum as the court or justice from time to time may designate as
sufficient to pay the accrued costs.
RULE 147. APPLIES TO ANY PARTY
The foregoing rules as to security and rule for costs shall apply to any party who seeks a judgment
against any other party.
RULE 148. SECURED BY OTHER BOND
No further security shall be required if the costs are secured by the provisions of an attachment or
other bond filed by the party required to give security for costs.
RULE 149. EXECUTION FOR COSTS
When costs have been adjudged against a party and are not paid, the clerk or justice of the court in
which the suit was determined may issue execution, accompanied by an itemized bill of costs,
against such party to be levied and collected as in other cases; and said officer, on demand of any
party to whom any such costs are due, shall issue execution for costs at once. This rule shall not
apply to executors, administrators or guardians in cases where costs are adjudged against the estate
of a deceased person or of a ward. No execution shall issue in any case for costs until after judgment
rendered therefor by the court.
SECTION 7. ABATEMENT AND DISCONTINUANCE OF SUIT
RULE 150. DEATH OF PARTY
Where the cause of action is one which survives, no suit shall abate because of the death of any party
thereto before the verdict or decision of the court is rendered, but such suit may proceed to judgment
as hereinafter provided.
RULE 151. DEATH OF PLAINTIFF
If the plaintiff dies, the heirs, or the administrator or executor of such decedent may appear and upon
suggestion of such death being entered of record in open court, may be made plaintiff, and the suit
shall proceed in his or their name. If no such appearance and suggestion be made within a reasonable
time after the death of the plaintiff, the clerk upon the application of defendant, his agent or attorney,
shall issue a scire facias for the heirs or the administrator or executor of such decedent, requiring
him to appear and prosecute such suit. After service of such scire facias, should such heir or
administrator or executor fail to enter appearance within the time provided, the defendant may have
the suit dismissed.
RULE 152. DEATH OF DEFENDANT
Where the defendant shall die, upon the suggestion of death being entered of record in open court,
or upon petition of the plaintiff, the clerk shall issue a scire facias for the administrator or executor
or heir requiring him to appear and defend the suit and upon the return of such service, the suit shall
proceed against such administrator or executor or heir.
RULE 153. WHEN EXECUTOR, ETC. DIES
When an executor or administrator shall be a party to any suit, whether as plaintiff or as defendant,
and shall die or cease to be such executor or administrator, the suit may be continued by or against
the person succeeding him in the administration, or by or against the heirs, upon like proceedings
being had as provided in the two preceding rules, or the suit may be dismissed, as provided in Rule
151.
RULE 154. REQUISITES OF SCIRE FACIAS
The scire facias and returns thereon, provided for in this section, shall conform to the requisites of
citations and the returns thereon, under the provisions of these rules.
RULE 155. SURVIVING PARTIES
Where there are two or more plaintiffs or defendants, and one or more of them die, upon suggestion
of such death being entered upon the record, the suit shall at the instance of either party proceed in
the name of the surviving plaintiffs or against the surviving defendants, as the case may be.
RULE 156. DEATH AFTER VERDICT OR CLOSE OF EVIDENCE
When a party in a jury case dies between verdict and judgment, or a party in a non-jury case dies
after the evidence is closed and before judgment is pronounced, judgment shall be rendered and
entered as if all parties were living.
[RULE 157. Repealed effective January 1, 1988]
RULE 158. SUIT FOR THE USE OF ANOTHER
When a plaintiff suing for the use of another shall die before verdict, the person for whose use such
suit was brought, upon such death being suggested on the record in open court, may prosecute the
suit in his own name, and shall be as responsible for costs as if he brought the suit
RULE 159. SUIT FOR INJURIES RESULTING IN DEATH
In cases arising under the provisions of the title relating to injuries resulting in death, the suit shall
not abate by the death of either party pending the suit, but in such case, if the plaintiff dies, where
there is only one plaintiff, some one or more of the parties entitled to the money recovered may be
substituted and the suit prosecuted to judgment in the name of such party or parties, for the benefit
of the person entitled; if the defendant dies, his executor, administrator or heir may be made a party,
and the suit prosecuted to judgment.
RULE 160. DISSOLUTION OF CORPORATION
The dissolution of a corporation shall not operate to abate any pending suit in which such
corporation is a defendant, but such suit shall continue against such corporation and judgment shall
be rendered as though the same were not dissolved.
RULE 161. WHERE SOME DEFENDANTS NOT SERVED
When some of the several defendants in a suit are served with process in due time and others are not
so served, the plaintiff may either dismiss as to those not so served and proceed against those who
are, or he may take new process against those not served, or may obtain severance of the case as
between those served and those not served, but no dismissal shall be allowed as to a principal
obligor without also dismissing the parties secondarily liable except in cases provided by statute.
No defendant against whom any suit may be so dismissed shall be thereby exonerated from any
liability, but may at any time be proceeded against as if no such suit had been brought and no such
dismissal ordered.
RULE 162. DISMISSAL OR NON-SUIT
At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the
plaintiff may dismiss a case, or take a non-suit, which shall be entered in the minutes. Notice of the
dismissal or non-suit shall be served in accordance with Rule 21a on any party who has answered
or has been served with process without necessity of court order.
Any dismissal pursuant to this rule shall not prejudice the right of an adverse party to be heard on
a pending claim for affirmative relief or excuse the payment of all costs taxed by the clerk. A
dismissal under this rule shall have no effect on any motion for sanctions, attorney’s fees or other
costs, pending at the time of dismissal, as determined by the court. Any dismissal pursuant to this
rule which terminates the case shall authorize the clerk to tax court costs against dismissing party
unless otherwise ordered by the court.
RULE 163. DISMISSAL AS TO PARTIES SERVED, ETC.
When it will not prejudice another party, the plaintiff may dismiss his suit as to one or more of
several parties who were served with process, or who have answered, but no such dismissal shall
in any case, be allowed as to a principal obligor, except in the cases provided for by statute.
[RULE 164. Repealed effective January 1, 1988]
RULE 165. ABANDONMENT
A party who abandons any part of his claim or defense, as contained in the pleadings, may have that
fact entered of record, so as to show that the matters therein were not tried.
RULE 165a. DISMISSAL FOR WANT OF PROSECUTION
1. Failure to Appear. A case may be dismissed for want of prosecution on failure of any party
seeking affirmative relief to appear for any hearing or trial of which the party had notice.
Notice of the court’s intention to dismiss and the date and place of the dismissal hearing shall
be sent by the clerk to each attorney of record, and to each party not represented by an
attorney and whose address is shown on the docket or in the papers on file, by posting same
in the United States Postal Service. At the dismissal hearing, the court shall dismiss for want
of prosecution unless there is good cause for the case to be maintained on the docket. If the
court determines to maintain the case on the docket, it shall render a pretrial order assigning
a trial date for the case and setting deadlines for the joining of new parties, all discovery,
filing of all pleadings, the making of a response or supplemental responses to discovery and
other pretrial matters. The case may be continued thereafter only for valid and compelling
reasons specifically determined by court order. Notice of the signing of the order of
dismissal shall be given as provided in Rule 306a. Failure to mail notices as required by this
rule shall not affect any of the periods mentioned in Rule 306a except as provided in that
rule.
2. Non-Compliance With Time Standards. Any case not disposed of within time standards
promulgated by the Supreme Court under its Administrative Rules may be placed on a
dismissal docket.
3. Reinstatement. A motion to reinstate shall set forth the grounds therefor and be verified by
the movant or his attorney. It shall be filed with the clerk within 30 days after the order of
dismissal is signed or within the period provided by Rule 306a. A copy of the motion to
reinstate shall be served on each attorney of record and each party not represented by an
attorney whose address is shown on the docket or in the papers on file. The clerk shall
deliver a copy of the motion to the judge, who shall set a hearing on the motion as soon as
practicable. The court shall notify all parties or their attorneys of record of the date, time and
place of the hearing.
The court shall reinstate the case upon finding after a hearing that the failure of the party or
his attorney was not intentional or the result of conscious indifference but was due to an
accident or mistake or that the failure has been otherwise reasonably explained.
In the event for any reason a motion for reinstatement is not decided by signed written order
within seventy-five days after the judgment is signed, or, within such other time as may be
allowed by Rule 306a, the motion shall be deemed overruled by operation of law. If a motion
to reinstate is timely filed by any party, the trial court, regardless of whether an appeal has
been perfected, has plenary power to reinstate the case until 30 days after all such timely
filed motions are overruled, either by a written and signed order or by operation of law,
whichever occurs first.
4. Cumulative Remedies. This dismissal and reinstatement procedure shall be cumulative of
the rules and laws governing any other procedures available to the parties in such cases. The
same reinstatement procedures and timetable are applicable to all dismissals for want of
prosecution including cases which are dismissed pursuant to the court’s inherent power,
whether or not a motion to dismiss has been filed.
SECTION 8. PRE-TRIAL PROCEDURE
RULE 166. PRE-TRIAL CONFERENCE
In an appropriate action, to assist in the disposition of the case without undue expense or burden to
the parties, the court may in its discretion direct the attorneys for the parties and the parties or their
duly authorized agents to appear before it for a conference to consider:
(a) All pending dilatory pleas, motions and exceptions;
(b) The necessity or desirability of amendments to the pleadings;
(c) A discovery schedule;
(d) Requiring written statements of the parties’ contentions;
(e) Contested issues of fact and the simplification of the issues;
(f) The possibility of obtaining stipulations of fact;
(g) The identification of legal matters to be ruled on or decided by the court;
(h) The exchange of a list of direct fact witnesses, other than rebuttal or impeaching
witnesses the necessity of whose testimony cannot reasonably be anticipated before
the time of trial, who will be called to testify at trial, stating their address and
telephone number, and the subject of the testimony of each such witness;
(i) The exchange of a list of expert witnesses who will be called to testify at trial, stating
their address and telephone number, and the subject of the testimony and opinions
that will be proffered by each expert witness;
(j) Agreed applicable propositions of law and contested issues of law;
(k) Proposed jury charge questions, instructions, and definitions for a jury case or
proposed findings of fact and conclusions of law for a nonjury case;
(l ) The marking and exchanging of all exhibits that any party may use at trial and
stipulation to the authenticity and admissibility of exhibits to be used at trial;
(m) Written trial objections to the opposite party’s exhibits, stating the basis for each
objection;
(n) The advisability of a preliminary reference of issues to a master or auditor for
findings to be used as evidence when the trial is to be by jury;
(o) The settlement of the case, and to aid such consideration, the court may encourage
settlement;
(p) Such other matters as may aid in the disposition of the action.
The court shall make an order which recites the action taken at the pretrial conference, the
amendments allowed to the pleadings, the time within which same may be filed, and the agreements
made by the parties as to any of the matters considered, and which limits the issues for trial to those
not disposed of by admissions, agreements of counsel, or rulings of the court; and such order when
issued shall control the subsequent course of the action, unless modified at the trial to prevent
manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which
actions may be placed for consideration as above provided and may either confine the calendar to
jury actions or extend it to all actions.
Pretrial proceedings in multidistrict litigation may also be governed by Rules 11 and 13 of the Rules
of Judicial Administration.
RULE 166a. SUMMARY JUDGMENT
(a) For Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to
obtain a declaratory judgment may, at any time after the adverse party has appeared or
answered, move with or without supporting affidavits for a summary judgment in his favor
upon all or any part thereof. A summary judgment, interlocutory in character, may be
rendered on the issue of liability alone although there is a genuine issue as to amount of
damages.
(b) For Defending Party. A party against whom a claim, counterclaim, or cross-claim is
asserted or a declaratory judgment is sought may, at any time, move with or without
supporting affidavits for a summary judgment in his favor as to all or any part thereof.
(c) Motion and Proceedings Thereon. The motion for summary judgment shall state the
specific grounds therefor. Except on leave of court, with notice to opposing counsel, the
motion and any supporting affidavits shall be filed and served at least twenty-one days
before the time specified for hearing. Except on leave of court, the adverse party, not later
than seven days prior to the day of hearing may file and serve opposing affidavits or other
written response. No oral testimony shall be received at the hearing. The judgment sought
shall be rendered forthwith if (i) the deposition transcripts, interrogatory answers, and other
discovery responses referenced or set forth in the motion or response, and (ii) the pleadings,
admissions, affidavits, stipulations of the parties, and authenticated or certified public
records, if any, on file at the time of the hearing, or filed thereafter and before judgment with
permission of the court, show that, except as to the amount of damages, there is no genuine
issue as to any material fact and the moving party is entitled to judgment as a matter of law
on the issues expressly set out in the motion or in an answer or any other response. Issues
not expressly presented to the trial court by written motion, answer or other response shall
not be considered on appeal as grounds for reversal. A summary judgment may be based on
uncontroverted testimonial evidence of an interested witness, or of an expert witness as to
subject matter concerning which the trier of fact must be guided solely by the opinion
testimony of experts, if the evidence is clear, positive and direct, otherwise credible and free
from contradictions and inconsistencies, and could have been readily controverted.
(d) Appendices, References and Other Use of Discovery Not Otherwise on File. Discovery
products not on file with the clerk may be used as summary judgment evidence if copies of
the material, appendices containing the evidence, or a notice containing specific references
to the discovery or specific references to other instruments, are filed and served on all parties
together with a statement of intent to use the specified discovery as summary judgment
proofs: (i) at least twenty-one days before the hearing if such proofs are to be used to support
the summary judgment; or (ii) at least seven days before the hearing if such proofs are to be
used to oppose the summary judgment.
(e) Case Not Fully Adjudicated on Motion. If summary judgment is not rendered upon the
whole case or for all the relief asked and a trial is necessary, the judge may at the hearing
examine the pleadings and the evidence on file, interrogate counsel, ascertain what material
fact issues exist and make an order specifying the facts that are established as a matter of
law, and directing such further proceedings in the action as are just.
(f) Form of Affidavits; Further Testimony. Supporting and opposing affidavits shall be made
on personal knowledge, shall set forth such facts as would be admissible in evidence, and
shall show affirmatively that the affiant is competent to testify to the matters stated therein.
Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be
attached thereto or served therewith. The court may permit affidavits to be supplemented or
opposed by depositions or by further affidavits. Defects in the form of affidavits or
attachments will not be grounds for reversal unless specifically pointed out by objection by
an opposing party with opportunity, but refusal, to amend.
(g) When Affidavits Are Unavailable. Should it appear from the affidavits of a party opposing
the motion that he cannot for reasons stated present by affidavit facts essential to justify his
opposition, the court may refuse the application for judgment or may order a continuance to
permit affidavits to be obtained or depositions to be taken or discovery to be had or may
make such other order as is just.
(h) Affidavits Made in Bad Faith. Should it appear to the satisfaction of the court at any time
that any of the affidavits presented pursuant to this rule are presented in bad faith or solely
for the purpose of delay, the court shall forthwith order the party employing them to pay to
the other party the amount of the reasonable expenses which the filing of the affidavits
caused him to incur, including reasonable attorney’s fees, and any offending party or attorney
may be adjudged guilty of contempt.
(i) No-Evidence Motion. After adequate time for discovery, a party without presenting
summary judgment evidence may move for summary judgment on the ground that there is
no evidence of one or more essential elements of a claim or defense on which an adverse
party would have the burden of proof at trial. The motion must state the elements as to which
there is no evidence. The court must grant the motion unless the respondent produces
summary judgment evidence raising a genuine issue of material fact.
[RULE 166b. Repealed effective January 1, 1999]
[RULE 166c. Repealed effective January 1, 1999]
RULE 167. OFFER OF SETTLEMENT; AWARD OF LITIGATION COSTS
167.1. Generally.
Certain litigation costs may be awarded against a party who rejects an offer made substantially in
accordance with this rule to settle a claim for monetary damages – including a counterclaim,
crossclaim, or third-party claim – except in:
(a) a class action;
(b) a shareholder’s derivative action;
(c) an action by or against the State, a unit of state government, or a political subdivision
of the State;
(d) an action brought under the Family Code;
(e) an action to collect workers’ compensation benefits under title 5, subtitle A of the
Labor Code; or
(f) an action filed in a justice of the peace court or small claims court.
167.2. Settlement Offer
(a) Defendant’s declaration a prerequisite; deadline. A settlement offer under this rule may not
be made until a defendant — a party against whom a claim for monetary damages is made —
files a declaration invoking this rule. When a defendant files such a declaration, an offer or
offers may be made under this rule to settle only those claims by and against that defendant.
The declaration must be filed no later than 45 days before the case is set for conventional
trial on the merits.
(b) Requirements of an offer. A settlement offer must:
(1) be in writing;
(2) state that it is made under Rule 167 and Chapter 42 of the Texas Civil Practice and
Remedies Code;
(3) identify the party or parties making the offer and the party or parties to whom the
offer is made;
(4) state the terms by which all monetary claims – including any attorney fees, interest,
and costs that would be recoverable up to the time of the offer – between the offeror
or offerors on the one hand and the offeree or offerees on the other may be settled;
(5) state a deadline – no sooner than 14 days after the offer is served – by which the offer
must be accepted;
(6) be served on all parties to whom the offer is made.
(c) Conditions of offer. An offer may be made subject to reasonable conditions, including the
execution of appropriate releases, indemnities, and other documents. An offeree may object
to a condition by written notice served on the offeror before the deadline stated in the offer.
A condition to which no such objection is made is presumed to have been reasonable.
Rejection of an offer made subject to a condition determined by the trial court to have been
unreasonable cannot be the basis for an award of litigation costs under this rule.
(d) Non-monetary and excepted claims not included. An offer must not include non-monetary
claims and other claims to which this rule does not apply.
(e) Time limitations. An offer may not be made:
(1) before a defendant’s declaration is filed;
(2) within 60 days after the appearance in the case of the offeror or offeree, whichever
is later;
(3) within 14 days before the date the case is set for a conventional trial on the merits,
except that an offer may be made within that period if it is in response to, and within
seven days of, a prior offer.
(f) Successive offers. A party may make an offer after having made or rejected a prior offer. A
rejection of an offer is subject to imposition of litigation costs under this rule only if the offer
is more favorable to the offeree than any prior offer.
167.3. Withdrawal, Acceptance, and Rejection of Offer
(a) Withdrawal of offer. An offer can be withdrawn before it is accepted. Withdrawal is
effective when written notice of the withdrawal is served on the offeree. Once an unaccepted
offer has been withdrawn, it cannot be accepted or be the basis for awarding litigation costs
under this rule.
(b) Acceptance of offer. An offer that has not been withdrawn can be accepted only by written
notice served on the offeror by the deadline stated in the offer. When an offer is accepted,
the offeror or offeree may file the offer and acceptance and may move the court to enforce
the settlement.
(c) Rejection of offer. An offer that is not withdrawn or accepted is rejected. An offer may also
be rejected by written notice served on the offeror by the deadline stated in the offer.
(d) Objection to offer made before an offeror’s joinder or designation of responsible third party.
An offer made before an offeror joins another party or designates a responsible third party
may not be the basis for awarding litigation costs under this rule against an offeree who files
an objection to the offer within 15 days after service of the offeror’s pleading or designation.
167.4. Awarding Litigation Costs
(a) Generally. If a settlement offer made under this rule is rejected, and the judgment to be
awarded on the monetary claims covered by the offer is significantly less favorable to the
offeree than was the offer, the court must award the offeror litigation costs against the
offeree from the time the offer was rejected to the time of judgment.
(b) “Significantly less favorable” defined. A judgment award on monetary claims is
significantly less favorable than an offer to settle those claims if:
(1) the offeree is a claimant and the judgment would be less than 80 percent of the offer;
or
(2) the offeree is a defendant and the judgment would be more than 120 percent of the
offer.
(c) Litigation costs. Litigation costs are the expenditures actually made and the obligations
actually incurred – directly in relation to the claims covered by a settlement offer under this
rule – for the following:
(1) court costs;
(2) reasonable deposition costs, in cases filed on or after September 1, 2011;
(3) reasonable fees for not more than two testifying expert witnesses; and
(4) reasonable attorney fees.
(d) Limits on litigation costs. The litigation costs that may be awarded under this rule must not
exceed the following amount:
(1) In cases filed before September 1, 2011, litigation costs that may be awarded under
this rule must not exceed the following amount:
(A) the sum of the noneconomic damages, the exemplary or additional damages,
and one-half of the economic damages to be awarded to the claimant in the
judgment; minus
(B) the amount of any statutory or contractual liens in connection with the
occurrences or incidents giving rise to the claim.
(2) In cases files on or after September 1, 2011, the litigation costs that may be awarded
to any party under this rule must not exceed the total amount that the claimant
recovers or would recover before adding an award of litigation costs under this rule
in favor of the claimant or subtracting as an offset an award of litigation costs under
this rule in favor of the defendant.
(e) No double recovery permitted. A party who is entitled to recover attorney fees and costs
under another lawmay not recover those same attorney fees and costs as litigation costs
under this rule.
(f) Limitation on attorney fees and costs recovered by a party against whom litigation costs are
awarded. A party against whom litigation costs are awarded may not recover attorney fees
and costs under another law incurred after the date the party rejected the settlement offer
made the basis of the award.
(g) Litigation costs to be awarded to defendant as a setoff. Litigation costs awarded to a
defendant must be made a setoff to the claimant’s judgment against the defendant.
167.5. Procedures
(a) Modification of time limits. On motion, and for good cause shown, the court may — by
written order made before commencement of trial on the merits — modify the time limits for
filing a declaration under Rule 167.2(a) or for making an offer.
(b) Discovery permitted. On motion, and for good cause shown, a party against whom litigation
costs are to be awarded may conduct discovery to ascertain the reasonableness of the costs
requested. If the court determines the costs to be reasonable, it must order the party
requesting discovery to pay all attorney fees and expenses incurred by other parties in
responding to such discovery.
(c) Hearing required. The court must, upon request, conduct a hearing on a request for an
award of litigation costs, at which the affected parties may present evidence.
167.6. Evidence Not Admissible
Evidence relating to an offer made under this rule is not admissible except for purposes of enforcing
a settlement agreement or obtaining litigation costs. The provisions of this rule may not be made
known to the jury by any means.
167.7. Other Settlement Offers Not Affected
This rule does not apply to any offer made in a mediation or arbitration proceeding. A settlement
offer not made in compliance with this rule, or a settlement offer not made under this rule, or made
in an action to which this rule does not apply, cannot be the basis for awarding litigation costs under
this rule as to any party. This rule does not limit or affect a party’s right to make a settlement offer
that does not comply with this rule, or in an action to which this rule does not apply.
[RULE 167a. Repealed effective January 1, 1999]
RULE 168. PERMISSION TO APPEAL
On a party’s motion or on its own initiative, a trial court may permit an appeal from an interlocutory
order that is not otherwise appealable, as provided by statute. Permission must be stated in the order
to be appealed. An order previously issued may be amended to include such permission. The
permission must identify the controlling question of law as to which there is a substantial ground
for difference of opinion, and must state why an immediate appeal may materially advance the
ultimate termination of the litigation.
Comment to 2011 change: Rule 168 is a new rule, added to implement amendments to section
51.014(d)-(f) of the Texas Civil Practice and Remedies Code. Rule 168 applies only to cases filed
on or after September 1, 2011. Rule 168 clarifies that the trial court’s permission to appeal should
be included in the order to be appealed rather than in a separate order. Rule of Appellate Procedure
28.3 sets out the corollary requirements for permissive appeals in the courts of appeals.
RULE 169. EXPEDITED ACTIONS
(a) Application.
(1) The expedited actions process in this rule applies to a suit in which all claimants,
other than counter-claimants, affirmatively plead that they seek only monetary
relief aggregating $100,000 or less, including damages of any kind, penalties,
costs, expenses, pre-judgment interest, and attorney fees.
(2) The expedited actions process does not apply to a suit in which a party has filed a
claim governed by the Family Code, the Property Code, the Tax Code, or Chapter
74 of the Civil Practice & Remedies Code.
(b) Recovery. In no event may a party who prosecutes a suit under this rule recover a
judgment in excess of $100,000, excluding post-judgment interest.
(c) Removal from Process.
(1) A court must remove a suit from the expedited actions process:
(A) on motion and a showing of good cause by any party; or
(B) if any claimant, other than a counter-claimant, files a pleading or an
amended or supplemental pleading that seeks any relief other than the
monetary relief allowed by (a)(1).
(2) A pleading, amended pleading, or supplemental pleading that removes a suit from
the expedited actions process may not be filed without leave of court unless it is filed
before the earlier of 30 days after the discovery period is closed or 30 days before the
date set for trial. Leave to amend may be granted only if good cause for filing the
pleading outweighs any prejudice to an opposing party.
(3) If a suit is removed from the expedited actions process, the court must reopen
discovery under Rule 190.2(c).
(d) Expedited Actions Process.
(1) Discovery. Discovery is governed by Rule 190.2.
(2) Trial Setting; Continuances. On any party’s request, the court must set the case for
a trial date that is within 90 days after the discovery period in Rule 190.2(b)(1) ends.
The court may continue the case twice, not to exceed a total of 60 days.
(3) Time Limits for Trial. Each side is allowed no more than eight hours to complete
jury selection, opening statements, presentation of evidence, examination and crossexamination
of witnesses, and closing arguments. On motion and a showing of good
cause by any party, the court may extend the time limit to no more than twelve hours
per side.
(A) The term “side” has the same definition set out in Rule 233.
(B) Time spent on objections, bench conferences, bills of exception, and
challenges for cause to a juror under Rule 228 are not included in the time
limit.
(4) Alternative Dispute Resolution.
(A) Unless the parties have agreed not to engage in alternative dispute resolution,
the court may refer the case to an alternative dispute resolution procedure
once, and the procedure must:
(i) not exceed a half-day in duration, excluding scheduling time;
(ii) not exceed a total cost of twice the amount of applicable civil filing
fees; and
(iii) be completed no later than 60 days before the initial trial setting.
(B) The court must consider objections to the referral unless prohibited by statute.
(C) The parties may agree to engage in alternative dispute resolution other than
that provided for in (A).
(5) Expert Testimony. Unless requested by the party sponsoring the expert, a party may
only challenge the admissibility of expert testimony as an objection to summary
judgment evidence under Rule 166a or during the trial on the merits. This paragraph
does not apply to a motion to strike for late designation.
Comments to 2013 change:
1. Rule 169 is a new rule implementing section 22.004(h) of the Texas Government
Code, which was added in 2011 and calls for rules to promote the prompt, efficient, and costeffective
resolution of civil actions when the amount in controversy does not exceed $100,000.
2. The expedited actions process created by Rule 169 is mandatory; any suit that falls
within the definition of 169(a)(1) is subject to the provisions of the rule.
3. In determining whether there is good cause to remove the case from the process or
extend the time limit for trial, the court should consider factors such as whether the damages sought
by multiple claimants against the same defendant exceed in the aggregate the relief allowed under
169(a)(1), whether a defendant has filed a compulsory counterclaim in good faith that seeks relief
other than that allowed under 169(a)(1), the number of parties and witnesses, the complexity of the
legal and factual issues, and whether an interpreter is necessary.
4. Rule 169(b) specifies that a party who prosecutes a suit under this rule cannot recover
a judgment in excess of $100,000. Thus, the rule in Greenhalgh v. Service Lloyds Ins. Co., 787
S.W.2d 938 (Tex. 1990), does not apply if a jury awards damages in excess of $100,000 to the party.
The limitation of 169(b) does not apply to a counter-claimant that seeks relief other than that
allowed under 169(a)(1).
5. The discovery limitations for expedited actions are set out in Rule 190.2, which is
also amended to implement section 22.004(h) of the Texas Government Code.
[RULE 170. Repealed effective April 1, 1984]
RULE 171. MASTER IN CHANCERY
The court may, in exceptional cases, for good cause appoint a master in chancery, who shall be a
citizen of this State, and not an attorney for either party to the action, nor related to either party, who
shall perform all of the duties required of him by the court, and shall be under orders of the court,
and have such power as the master of chancery has in a court of equity.
The order of references to the master may specify or limit his powers, and may direct him to report
only upon particular issues, or to do or perform particular acts, or to receive and report evidence
only and may fix the time and place for beginning and closing the hearings, and for the filing of the
master’s report. Subject to the limitations and specifications stated in the order, the master has and
shall exercise the power to regulate all proceedings in every hearing before him and to do all acts
and take all measures necessary or proper for the efficient performance of his duties under the order.
He may require the production before him of evidence upon all matters embraced in the reference,
including the production of books, papers, vouchers, documents and other writings applicable
thereto. He may rule upon the admissibility of evidence, unless otherwise directed by the order of
reference and has the authority to put witnesses on oath, and may, himself, examine them, and may
call the parties to the action and examine them upon oath. When a party so requests, the master shall
make a record of the evidence offered and excluded in the same manner as provided for a court
sitting in the trial of a case.
The clerk of the court shall forthwith furnish the master with a copy of the order of reference.
The parties may procure the attendance of witnesses before the master by the issuance and service
of process as provided by law and these rules.
The court may confirm, modify, correct, reject, reverse or recommit the report, after it is filed, as
the court may deem proper and necessary in the particular circumstances of the case. The court shall
award reasonable compensation to such master to be taxed as costs of suit.
RULE 172. AUDIT
When an investigation of accounts or examination of vouchers appears necessary for the purpose
of justice between the parties to any suit, the court shall appoint an auditor or auditors to state the
accounts between the parties and to make report thereof to the court as soon as possible. The auditor
shall verify his report by his affidavit stating that he has carefully examined the state of the account
between the parties, and that his report contains a true statement thereof, so far as the same has come
within his knowledge. Exceptions to such report or of any item thereof must be filed within 30 days
of the filing of such report. The court shall award reasonable compensation to such auditor to be
taxed as costs of suit.
RULE 173. GUARDIAN AD LITEM
173.1. Appointment Governed by Statute or Other Rules
This rule does not apply to an appointment of a guardian ad litem governed by statute or other rules.
173.2. Appointment of Guardian ad Litem
(a) When Appointment Required or Prohibited. The court must appoint a guardian ad litem for
a party represented by a next friend or guardian only if:
(1) the next friend or guardian appears to the court to have an interest adverse to the
party; or
(2) the parties agree.
(b) Appointment of the Same Person for Different Parties. The court must appoint the same
guardian ad litem for similarly situated parties unless the court finds that the appointment of
different guardians ad litem is necessary.
173.3. Procedure
(a) Motion Permitted But Not Required. The court may appoint a guardian ad litem on the
motion of any party or on its own initiative.
(b) Written Order Required. An appointment must be made by written order.
(c) Objections. Any party may object to the appointment of a guardian ad litem.
173.4. Role of Guardian ad Litem
(a) Court Officer and Advisor. A guardian ad litem acts as an officer and advisor to the court.
(b) Determination of Adverse Interest. A guardian ad litem must determine and advise the court
whether a party’s next friend or guardian has an interest adverse to the party.
(c) When Settlement Proposed. When an offer has been made to settle the claim of a party
represented by a next friend or guardian, a guardian ad litem has the limited duty to determine and
advise the court whether the settlement is in the party’s best interest.
(d) Participation in Litigation Limited. A guardian ad litem:
(1) may participate in mediation or a similar proceeding to attempt to reach a settlement;
(2) must participate in any proceeding before the court whose purpose is to determine
whether a party’s next friend or guardian has an interest adverse to the party, or whether a settlement
of the party’s claim is in the party’s best interest;
(3) must not participate in discovery, trial, or any other part of the litigation unless:
(A) further participation is necessary to protect the party’s interest that is adverse
to the next friend’s or guardian’s, and
(B) the participation is directed by the court in a written order stating sufficient
reasons.
173.5. Communications Privileged
Communications between the guardian ad litem and the party, the next friend or guardian, or their
attorney are privileged as if the guardian ad litem were the attorney for the party.
173.6. Compensation
(a) Amount. If a guardian ad litem requests compensation, he or she may be reimbursed for
reasonable and necessary expenses incurred and may be paid a reasonable hourly fee for necessary
services performed.
(b) Procedure. At the conclusion of the appointment, a guardian ad litem may file an
application
for compensation. The application must be verified and must detail the basis for the compensation
requested. Unless all parties agree to the application, the court must conduct an evidentiary hearing
to determine the total amount of fees and expenses that are reasonable and necessary. In making
this determination, the court must not consider compensation as a percentage of any judgment or
settlement.
(c) Taxation as Costs. The court may tax a guardian ad litem’s compensation as costs of court.
(d) Other Benefit Prohibited. A guardian ad litem may not receive, directly or indirectly,
anything of value in consideration of the appointment other than as provided by this rule.
173.7. Review
(a) Right of Appeal. Any party may seek mandamus review of an order appointing a guardian
ad litem or directing a guardian ad litem’s participation in the litigation. Any party and a guardian
ad litem may appeal an order awarding the guardian ad litem compensation.
(b) Severance. On motion of the guardian ad litem or any party, the court must sever any order
awarding a guardian ad litem compensation to create a final, appealable order.
(c) No Effect on Finality of Settlement or Judgment. Appellate proceedings to review an order
pertaining to a guardian ad litem do not affect the finality of a settlement or judgment.
RULE 174. CONSOLIDATION; SEPARATE TRIALS
(a) Consolidation. When actions involving a common question of law or fact are pending
before the court, it may order a joint hearing or trial of any or all the matters in issue in the
actions; it may order all the actions consolidated; and it may make such orders concerning
proceedings therein as may tend to avoid unnecessary costs or delay.
(b) Separate Trials. The court in furtherance of convenience or to avoid prejudice may order
a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any
separate issue or of any number of claims, cross-claims, counterclaims, third-party claims,
or issues.
RULE 175. ISSUE OF LAW AND DILATORY PLEAS
When a case is called for trial in which there has been no pretrial hearing as provided by Rule 166,
the issues of law arising on the pleadings, all pleas in abatement and other dilatory pleas remaining
undisposed of shall be determined; and it shall be no cause for postponement of a trial of the issues
of law that a party is not prepared to try the issues of fact.
SECTION 9. EVIDENCE AND DISCOVERY
A. EVIDENCE
[RULE 176. Repealed effective January 1, 1999; see, Rule 176.3]
RULE 176. SUBPOENAS
176.1 Form.
Every subpoena must be issued in the name of “The State of Texas” and must:
(a) state the style of the suit and its cause number;
(b) state the court in which the suit is pending;
(c) state the date on which the subpoena is issued;
(d) identify the person to whom the subpoena is directed;
(e) state the time, place, and nature of the action required by the person to whom the
subpoena is directed, as provided in Rule 176.2;
(f) identify the party at whose instance the subpoena is issued, and the party’s attorney
of record, if any;
(g) state the text of Rule 176.8(a); and
(h) be signed by the person issuing the subpoena.
176.2 Required Actions.
A subpoena must command the person to whom it is directed to do either or both of the following:
(a) attend and give testimony at a deposition, hearing, or trial;
(b) produce and permit inspection and copying of designated documents or tangible
things in the possession, custody, or control of that person.
176.3 Limitations.
(a) Range. A person may not be required by subpoena to appear or produce documents or other
things in a county that is more than 150 miles from where the person resides or is served.
However, a person whose appearance or production at a deposition may be compelled by
notice alone under Rules 199.3 or 200.2 may be required to appear and produce documents
or other things at any location permitted under Rules 199.2(b)(2).
(b) Use for discovery. A subpoena may not be used for discovery to an extent, in a manner, or
at a time other than as provided by the rules governing discovery.
176.4 Who May Issue.
A subpoena may be issued by:
(a) the clerk of the appropriate district, county, or justice court, who must provide the
party requesting the subpoena with an original and a copy for each witness to be
completed by the party;
(b) an attorney authorized to practice in the State of Texas, as an officer of the court; or
(c) an officer authorized to take depositions in this State, who must issue the subpoena
immediately on a request accompanied by a notice to take a deposition under Rules
199 or 200, or a notice under Rule 205.3, and who may also serve the notice with the
subpoena.
176.5 Service.
(a) Manner of service. A subpoena may be served at any place within the State of Texas by
any sheriff or constable of the State of Texas, or any person who is not a party and is 18
years of age or older. A subpoena must be served by delivering a copy to the witness and
tendering to that person any fees required by law. If the witness is a party and is represented
by an attorney of record in the proceeding, the subpoena may be served on the witness’s
attorney of record.
(b) Proof of service. Proof of service must be made by filing either:
(1) the witness’s signed written memorandum attached to the subpoena showing that the
witness accepted the subpoena; or
(2) a statement by the person who made the service stating the date, time, and manner
of service, and the name of the person served.
176.6 Response.
(a) Compliance required. Except as provided in this subdivision, a person served with a
subpoena must comply with the command stated therein unless discharged by the court or
by the party summoning such witness. A person commanded to appear and give testimony
must remain at the place of deposition, hearing, or trial from day to day until discharged by
the court or by the party summoning the witness.
(b) Organizations. If a subpoena commanding testimony is directed to a corporation,
partnership, association, governmental agency, or other organization, and the matters on
which examination is requested are described with reasonable particularity, the organization
must designate one or more persons to testify on its behalf as to matters known or reasonably
available to the organization.
(c) Production of documents or tangible things. A person commanded to produce documents
or tangible things need not appear in person at the time and place of production unless the
person is also commanded to attend and give testimony, either in the same subpoena or a
separate one. A person must produce documents as they are kept in the usual course of
business or must organize and label them to correspond with the categories in the demand.
A person may withhold material or information claimed to be privileged but must comply
with Rule 193.3. A nonparty’s production of a document authenticates the document for use
against the nonparty to the same extent as a party’s production of a document is authenticated
for use against the party under Rule 193.7.
(d) Objections. A person commanded to produce and permit inspection or copying of
designated documents and things may serve on the party requesting issuance of the subpoena
– before the time specified for compliance – written objections to producing any or all of the
designated materials. A person need not comply with the part of a subpoena to which
objection is made as provided in this paragraph unless ordered to do so by the court. The
party requesting the subpoena may move for such an order at any time after an objection is
made.
(e) Protective orders. A person commanded to appear at a deposition, hearing, or trial, or to
produce and permit inspection and copying of designated documents and things, and any
other person affected by the subpoena, may move for a protective order under Rule 192.6(b)-
-before the time specified for compliance–either in the court in which the action is pending
or in a district court in the county where the subpoena was served. The person must serve
the motion on all parties in accordance with Rule 21a. A person need not comply with the
part of a subpoena from which protection is sought under this paragraph unless ordered to
do so by the court. The party requesting the subpoena may seek such an order at any time
after the motion for protection is filed.
(f) Trial subpoenas. A person commanded to attend and give testimony, or to produce
documents or things, at a hearing or trial, may object or move for protective order before the
court at the time and place specified for compliance, rather than under paragraphs (d) and
(e).
176.7 Protection of Person from Undue Burden and Expense.
A party causing a subpoena to issue must take reasonable steps to avoid imposing undue burden or
expense on the person served. In ruling on objections or motions for protection, the court must
provide a person served with a subpoena an adequate time for compliance, protection from
disclosure of privileged material or information, and protection from undue burden or expense. The
court may impose reasonable conditions on compliance with a subpoena, including compensating
the witness for undue hardship.
176.8 Enforcement of Subpoena.
(a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon
that person may be deemed a contempt of the court from which the subpoena is issued or a
district court in the county in which the subpoena is served, and may be punished by fine or
confinement, or both.
(b) Proof of payment of fees required for fine or attachment. A fine may not be imposed,
nor a person served with a subpoena attached, for failure to comply with a subpoena without
proof by affidavit of the party requesting the subpoena or the party’s attorney of record that
all fees due the witness by law were paid or tendered.
[RULE 177. Repealed effective January 1, 1999]
[RULE 177a. Repealed effective January 1, 1999]
[RULE 178. Repealed effective January 1, 1999]
[RULE 179. Repealed effective January 1, 1999]
RULE 180. REFUSAL TO TESTIFY
Any witness refusing to give evidence may be committed to jail, there to remain without bail until
such witness shall consent to give evidence.
RULE 181. PARTY AS WITNESS
Either party to a suit may examine the opposing party as a witness, and shall have the same process
to compel his attendance as in the case of any other witness.
[RULE 182. Repealed effective January 1, 1988]
[RULE 182a. Repealed effective January 1, 1988]
RULE 183. INTERPRETERS
The court may appoint an interpreter of its own selection and may fix the interpreter’s reasonable
compensation. The compensation shall be paid out of funds provided by law or by one or more of
the parties as the court may direct, and may be taxed ultimately as costs, in the discretion of the
court.
[RULE 184. Repealed effective September 1, 1990]
[RULE 184A. Repealed effective September 1, 1990]
RULE 185. SUIT ON ACCOUNT
When any action or defense is founded upon an open account or other claim for goods, wares and
merchandise, including any claim for a liquidated money demand based upon written contract or
founded on business dealings between the parties, or is for personal service rendered, or labor done
or labor or materials furnished, on which a systematic record has been kept, and is supported by the
affidavit of the party, his agent or attorney taken before some officer authorized to administer oaths,
to the effect that such claim is, within the knowledge of affiant, just and true, that it is due, and that
all just and lawful offsets, payments and credits have been allowed, the same shall be taken as prima
facie evidence thereof, unless the party resisting such claim shall file a written denial, under oath.
A party resisting such a sworn claim shall comply with the rules of pleading as are required in any
other kind of suit, provided, however, that if he does not timely file a written denial, under oath, he
shall not be permitted to deny the claim, or any item therein, as the case may be. No particularization
or description of the nature of the component parts of the account or claim is necessary unless the
trial court sustains special exceptions to the pleadings.
SECTION 9. EVIDENCE AND DISCOVERY
B. Discovery
[RULES 186 to 186b. Repealed effective April 1, 1984]
[RULE 187. Repealed effective January 1, 1999]
[RULE 188. Repealed effective January 1, 1999]
[RULE 189. Repealed effective April 1, 1984]
RULE 190. DISCOVERY LIMITATIONS
190.1 Discovery Control Plan Required.
Every case must be governed by a discovery control plan as provided in this Rule. A plaintiff must
allege in the first numbered paragraph of the original petition whether discovery is intended to be
conducted under Level 1, 2, or 3 of this Rule.
190.2 Discovery Control Plan – Expedited Actions and Divorces Involving $50,000 or Less
(Level 1)
(a) Application. This subdivision applies to:
(1) any suit that is governed by the expedited actions process in Rule 169; and
(2) unless the parties agree that rule 190.3 should apply or the court orders a discovery
control plan under Rule 190.4, any suit for divorce not involving children in which
a party pleads that the value of the marital estate is more than zero but not more than
$ 50,000.
(b) Limitations. Discovery is subject to the limitations provided elsewhere in these rules and
to the following additional limitations:
(1) Discovery period. All discovery must be conducted during the discovery period,
which begins when the suit is filed and continues until 180 days after the date the
first request for discovery of any kind is served on a party.
(2) Total time for oral depositions. Each party may have no more than six hours in
total to examine and cross-examine all witnesses in oral depositions. The parties may
agree to expand this limit up to ten hours in total, but not more except by court order.
The court may modify the deposition hours so that no party is given unfair advantage.
(3) Interrogatories. Any party may serve on any other party no more than 15 written
interrogatories, excluding interrogatories asking a party only to identify or
authenticate specific documents. Each discrete subpart of an interrogatory is
considered a separate interrogatory.
(4) Requests for Production. Any party may serve on any other party no more than 15
written requests for production. Each discrete subpart of a request for production is
considered a separate request for production.
(5) Requests for Admissions. Any party may serve on any other party no more than 15
written requests for admissions. Each discrete subpart of a request for admission is
considered a separate request for admission.
(6) Requests for Disclosure. In addition to the content subject to disclosure under Rule
194.2, a party may request disclosure of all documents, electronic information, and
tangible items that the disclosing party has in its possession, custody, or control and
may use to support its claims or defenses. A request for disclosure made pursuant
to this paragraph is not considered a request for production.
(c) Reopening Discovery. If a suit is removed from the expedited actions process in Rule 169
or, in a divorce, the filing of a pleading renders this subdivision no longer applicable, the
discovery period reopens, and discovery must be completed within the limitations provided
in Rules 190.3 or 190.4, whichever is applicable. Any person previously deposed may be
redeposed. On motion of any party, the court should continue the trial date if necessary to
permit completion of discovery.
190.3 Discovery Control Plan – By Rule (Level 2)
(a) Application. Unless a suit is governed by a discovery control plan under Rules 190.2 or
190.4, discovery must be conducted in accordance with this subdivision.
(b) Limitations. Discovery is subject to the limitations provided elsewhere in these rules and
to the following additional limitations:
(1) Discovery period. All discovery must be conducted during the discovery period,
which begins when suit is filed and continues until:
(A) 30 days before the date set for trial, in cases under the Family Code; or
(B) in other cases, the earlier of
(i) 30 days before the date set for trial, or
(ii) nine months after the earlier of the date of the first oral deposition or
the due date of the first response to written discovery.
(2) Total time for oral depositions. Each side may have no more than 50 hours in oral
depositions to examine and cross-examine parties on the opposing side, experts
designated by those parties, and persons who are subject to those parties’ control.
“Side” refers to all the litigants with generally common interests in the litigation. If
one side designates more than two experts, the opposing side may have an additional
six hours of total deposition time for each additional expert designated. The court
may modify the deposition hours and must do so when a side or party would be given
unfair advantage.
(3) Interrogatories. Any party may serve on any other party no more than 25 written
interrogatories, excluding interrogatories asking a party only to identify or
authenticate specific documents. Each discrete subpart of an interrogatory is
considered a separate interrogatory.
190.4 Discovery Control Plan – By Order (Level 3)
(a) Application. The court must, on a party’s motion, and may, on its own initiative, order that
discovery be conducted in accordance with a discovery control plan tailored to the
circumstances of the specific suit. The parties may submit an agreed order to the court for
its consideration. The court should act on a party’s motion or agreed order under this
subdivision as promptly as reasonably possible.
(b) Limitations. The discovery control plan ordered by the court may address any issue
concerning discovery or the matters listed in Rule 166, and may change any limitation on
the time for or amount of discovery set forth in these rules. The discovery limitations of Rule
190.2, if applicable, or otherwise of Rule 190.3 apply unless specifically changed in the
discovery control plan ordered by the court. The plan must include:
(1) a date for trial or for a conference to determine a trial setting;
(2) a discovery period during which either all discovery must be conducted or all
discovery requests must be sent, for the entire case or an appropriate phase of it;
(3) appropriate limits on the amount of discovery; and
(4) deadlines for joining additional parties, amending or supplementing pleadings, and
designating expert witnesses.
190.5 Modification of Discovery Control Plan
The court may modify a discovery control plan at any time and must do so when the interest of
justice requires. Unless a suit is governed by the expedited actions process in Rule 169, the court
must allow additional discovery:
(a) related to new, amended or supplemental pleadings, or new information disclosed in
a discovery response or in an amended or supplemental response, if:
(1) the pleadings or responses were made after the deadline for completion of
discovery or so nearly before that deadline that an adverse party does not
have an adequate opportunity to conduct discovery related to the new
matters, and
(2) the adverse party would be unfairly prejudiced without such additional discovery;
(b) regarding matters that have changed materially after the discovery cutoff if trial is
set or postponed so that the trial date is more than three months after the discovery
period ends.
Comment to 2013 change: Rule 190 is amended to implement section 22.004(h) of the Texas
Government Code, which calls for rules to promote the prompt, efficient, and cost-effective
resolution of civil actions when the amount in controversy does not exceed $100,000. Rule 190.2
now applies to expedited actions, as defined by Rule 169. Rule 190.2 continues to apply to divorces
not involving children in which the value of the marital estate is not more than $50,000, which are
otherwise exempt from the expedited actions process. Amended Rule 190.2(b) ends the discovery
period 180 days afer the date the first discovery request is served; imposes a fifteen limit maximum
on interrogatories, requests for production, and requests for admission; and allows for additional
disclosures. Although expedited actions are not subject to mandatory additional discovery under
amended Rule 190.5, the court may still allow additional discovery if the conditions of Rule 190(a)
are met.
190.6 Certain Types of Discovery Excepted
This rule’s limitations on discovery do not apply to or include discovery conducted under Rule 202
(“Depositions Before Suit or to Investigate Claims”), or Rule 621a (“Discovery and Enforcement
of Judgment”). But Rule 202 cannot be used to circumvent the limitations of this rule.
RULE 191. MODIFYING DISCOVERY PROCEDURES AND LIMITATIONS;
CONFERENCE REQUIREMENT; SIGNING DISCLOSURES;
DISCOVERY REQUESTS, RESPONSES, AND OBJECTIONS;
FILING REQUIREMENTS
191.1 Modification of Procedures
Except where specifically prohibited, the procedures and limitations set forth in the rules pertaining
to discovery may be modified in any suit by the agreement of the parties or by court order for good
cause. An agreement of the parties is enforceable if it complies with Rule 11 or, as it affects an oral
deposition, if it is made a part of the record of the deposition.
191.2 Conference.
Parties and their attorneys are expected to cooperate in discovery and to make any agreements
reasonably necessary for the efficient disposition of the case. All discovery motions or requests for
hearings relating to discovery must contain a certificate by the party filing the motion or request that
a reasonable effort has been made to resolve the dispute without the necessity of court intervention
and the effort failed.
191.3 Signing of Disclosures, Discovery Requests, Notices, Responses, and Objections
(a) Signature required. Every disclosure, discovery request, notice, response, and objection
must be signed:
(1) by an attorney, if the party is represented by an attorney, and must show the
attorney’s State Bar of Texas identification number, address, telephone number, and
fax number, if any; or
(2) by the party, if the party is not represented by an attorney, and must show the party’s
address, telephone number, and fax number, if any.
(b) Effect of signature on disclosure. The signature of an attorney or party on a disclosure
constitutes a certification that to the best of the signer’s knowledge, information, and belief,
formed after a reasonable inquiry, the disclosure is complete and correct as of the time it is
made.
(c) Effect of signature on discovery request, notice, response, or objection. The signature
of an attorney or party on a discovery request, notice, response, or objection constitutes a
certification that to the best of the signer’s knowledge, information, and belief, formed after
a reasonable inquiry, the request, notice, response, or objection:
(1) is consistent with the rules of civil procedure and these discovery rules and
warranted by existing law or a good faith argument for the extension, modification,
or reversal of existing law;
(2) has a good faith factual basis;
(3) is not interposed for any improper purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of litigation; and
(4) is not unreasonable or unduly burdensome or expensive, given the needs of the case,
the discovery already had in the case, the amount in controversy, and the importance
of the issues at stake in the litigation.
(d) Effect of failure to sign. If a request, notice, response, or objection is not signed, it must
be stricken unless it is signed promptly after the omission is called to the attention of the
party making the request, notice, response, or objection. A party is not required to take any
action with respect to a request or notice that is not signed.
(e) Sanctions. If the certification is false without substantial justification, the court may, upon
motion or its own initiative, impose on the person who made the certification, or the party
on whose behalf the request, notice, response, or objection was made, or both, an appropriate
sanction as for a frivolous pleading or motion under Chapter 10 of the Civil Practice and
Remedies Code.
191.4 Filing of Discovery Materials.
(a) Discovery materials not to be filed. The following discovery materials must not be filed:
(1) discovery requests, deposition notices, and subpoenas required to be served only on
parties;
(2) responses and objections to discovery requests and deposition notices, regardless on
whom the requests or notices were served;
(3) documents and tangible things produced in discovery; and
(4) statements prepared in compliance with Rule 193.3(b) or (d).
(b) Discovery materials to be filed. The following discovery materials must be filed:
(1) discovery requests, deposition notices, and subpoenas required to be served on
nonparties;
(2) motions and responses to motions pertaining to discovery matters; and
(3) agreements concerning discovery matters, to the extent necessary to comply with
Rule 11.
(c) Exceptions. Notwithstanding paragraph (a):
(1) the court may order discovery materials to be filed;
(2) a person may file discovery materials in support of or in opposition to a motion or
for other use in a court proceeding; and
(3) a person may file discovery materials necessary for a proceeding in an appellate
court.
(d) Retention requirement for persons. Any person required to serve discovery materials not
required to be filed must retain the original or exact copy of the materials during the
pendency of the case and any related appellate proceedings begun within six months after
judgment is signed, unless otherwise provided by the trial court.
(e) Retention requirement for courts. The clerk of the court shall retain and dispose of
deposition transcripts and depositions upon written questions as directed by the Supreme
Court.
191.5 Service of Discovery Materials.
Every disclosure, discovery request, notice, response, and objection required to be served on a party
or person must be served on all parties of record.
RULE 192. PERMISSIBLE DISCOVERY: FORMS AND SCOPE;
WORK PRODUCT; PROTECTIVE ORDERS; DEFINITIONS
192.1 Forms of Discovery.
Permissible forms of discovery are:
(a) requests for disclosure;
(b) requests for production and inspection of documents and tangible things;
(c) requests and motions for entry upon and examination of real property;
(d) interrogatories to a party;
(e) requests for admission;
(f) oral or written depositions; and
(g) motions for mental or physical examinations.
192.2 Sequence of Discovery.
The permissible forms of discovery may be combined in the same document and may be taken in
any order or sequence.
192.3 Scope of Discovery.
(a) Generally. In general, a party may obtain discovery regarding any matter that is not
privileged and is relevant to the subject matter of the pending action, whether it relates to the
claim or defense of the party seeking discovery or the claim or defense of any other party.
It is not a ground for objection that the information sought will be inadmissible at trial if the
information sought appears reasonably calculated to lead to the discovery of admissible evidence.
(b) Documents and tangible things. A party may obtain discovery of the existence,
description, nature, custody, condition, location, and contents of documents and tangible
things (including papers, books, accounts, drawings, graphs, charts, photographs, electronic
or videotape recordings, data, and data compilations) that constitute or contain matters
relevant to the subject matter of the action. A person is required to produce a document or
tangible thing that is within the person’s possession, custody, or control.
(c) Persons with knowledge of relevant facts. A party may obtain discovery of the name,
address, and telephone number of persons having knowledge of relevant facts, and a brief
statement of each identified person’s connection with the case. A person has knowledge of
relevant facts when that person has or may have knowledge of any discoverable matter. The
person need not have admissible information or personal knowledge of the facts. An expert
is “a person with knowledge of relevant facts” only if that knowledge was obtained firsthand
or if it was not obtained in preparation for trial or in anticipation of litigation.
(d) Trial witnesses. A party may obtain discovery of the name, address, and telephone number
of any person who is expected to be called to testify at trial. This paragraph does not apply
to rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be
anticipated before trial.
(e) Testifying and consulting experts. The identity, mental impressions, and opinions of a
consulting expert whose mental impressions and opinions have not been reviewed by a
testifying expert are not discoverable. A party may discover the following information
regarding a testifying expert or regarding a consulting expert whose mental impressions or
opinions have been reviewed by a testifying expert:
(1) the expert’s name, address, and telephone number;
(2) the subject matter on which a testifying expert will testify;
(3) the facts known by the expert that relate to or form the basis of the expert’s mental
impressions and opinions formed or made in connection with the case in which the
discovery is sought, regardless of when and how the factual information was
acquired;
(4) the expert’s mental impressions and opinions formed or made in connection with the
case in which discovery is sought, and any methods used to derive them;
(5) any bias of the witness;
(6) all documents, tangible things, reports, models, or data compilations that have been
provided to, reviewed by, or prepared by or for the expert in anticipation of a
testifying expert’s testimony;
(7) the expert’s current resume and bibliography.
(f) Indemnity and insuring agreements. Except as otherwise provided by law, a party may
obtain discovery of the existence and contents of any indemnity or insurance agreement
under which any person may be liable to satisfy part or all of a judgment rendered in the
action or to indemnify or reimburse for payments made to satisfy the judgment. Information
concerning the indemnity or insurance agreement is not by reason of disclosure admissible
in evidence at trial.
(g) Settlement agreements. A party may obtain discovery of the existence and contents of any
relevant portions of a settlement agreement. Information concerning a settlement agreement
is not by reason of disclosure admissible in evidence at trial.
(h) Statements of persons with knowledge of relevant facts. A party may obtain discovery
of the statement of any person with knowledge of relevant facts–a “witness statement”–
regardless of when the statement was made. A witness statement is (1) a written statement
signed or otherwise adopted or approved in writing by the person making it, or (2) a
stenographic, mechanical, electrical, or other type of recording of a witness’s oral statement,
or any substantially verbatim transcription of such a recording. Notes taken during a
conversation or interview with a witness are not a witness statement. Any person may obtain,
upon written request, his or her own statement concerning the lawsuit, which is in the
possession, custody or control of any party.
(i) Potential parties. A party may obtain discovery of the name, address, and telephone
number of any potential party.
(j) Contentions. A party may obtain discovery of any other party’s legal contentions and the
factual bases for those contentions.
192.4 Limitations on Scope of Discovery.
The discovery methods permitted by these rules should be limited by the court if it determines, on
motion or on its own initiative and on reasonable notice, that:
(a) the discovery sought is unreasonably cumulative or duplicative, or is obtainable from
some other source that is more convenient, less burdensome, or less expensive; or
(b) the burden or expense of the proposed discovery outweighs its likely benefit, taking
into account the needs of the case, the amount in controversy, the parties’ resources,
the importance of the issues at stake in the litigation, and the importance of the
proposed discovery in resolving the issues.
192.5 Work Product.
(a) Work product defined. Work product comprises:
(1) material prepared or mental impressions developed in anticipation of litigation or for
trial by or for a party or a party’s representatives, including the party’s attorneys,
consultants, sureties, indemnitors, insurers, employees, or agents; or
(2) a communication made in anticipation of litigation or for trial between a party and
the party’s representatives or among a party’s representatives, including the party’s
attorneys, consultants, sureties, indemnitors, insurers, employees, or agents.
(b) Protection of work product.
(1) Protection of core work product–attorney mental processes. Core work product
– the work product of an attorney or an attorney’s representative that contains the
attorney’s or the attorney’s representative’s mental impressions, opinions,
conclusions, or legal theories – is not discoverable.
(2) Protection of other work product. Any other work product is discoverable only
upon a showing that the party seeking discovery has substantial need of the materials
in the preparation of the party’s case and that the party is unable without undue
hardship to obtain the substantial equivalent of the material by other means.
(3) Incidental disclosure of attorney mental processes. It is not a violation of
subparagraph (1) if disclosure ordered pursuant to subparagraph (2) incidentally
discloses by inference attorney mental processes otherwise protected under
subparagraph (1).
(4) Limiting disclosure of mental processes. If a court orders discovery of work
product pursuant to subparagraph (2), the court must–insofar as possible–protect
against disclosure of the mental impressions, opinions, conclusions, or legal theories
not otherwise discoverable.
(c) Exceptions. Even if made or prepared in anticipation of litigation or for trial, the following
is not work product protected from discovery:
(1) information discoverable under Rule 192.3 concerning experts, trial witnesses,
witness statements, and contentions;
(2) trial exhibits ordered disclosed under Rule 166 or Rule 190.4;
(3) the name, address, and telephone number of any potential party or any person with
knowledge of relevant facts;
(4) any photograph or electronic image of underlying facts (e.g., a photograph of the
accident scene) or a photograph or electronic image of any sort that a party intends
to offer into evidence; and
(5) any work product created under circumstances within an exception to the attorneyclient
privilege in Rule 503(d) of the Rules of Evidence.
(d) Privilege. For purposes of these rules, an assertion that material or information is work
product is an assertion of privilege.
192.6 Protective Order.
(a) Motion. A person from whom discovery is sought, and any other person affected by the
discovery request, may move within the time permitted for response to the discovery request
for an order protecting that person from the discovery sought. A person should not move for
protection when an objection to written discovery or an assertion of privilege is appropriate,
but a motion does not waive the objection or assertion of privilege. If a person seeks
protection regarding the time or place of discovery, the person must state a reasonable time
and place for discovery with which the person will comply. A person must comply with a
request to the extent protection is not sought unless it is unreasonable under the
circumstances to do so before obtaining a ruling on the motion.
(b) Order. To protect the movant from undue burden, unnecessary expense, harassment,
annoyance, or invasion of personal, constitutional, or property rights, the court may make
any order in the interest of justice and may – among other things – order that:
(1) the requested discovery not be sought in whole or in part;
(2) the extent or subject matter of discovery be limited;
(3) the discovery not be undertaken at the time or place specified;
(4) the discovery be undertaken only by such method or upon such terms and conditions
or at the time and place directed by the court;
(5) the results of discovery be sealed or otherwise protected, subject to the provisions of
Rule 76a.
192.7 Definitions.
As used in these rules
(a) Written discovery means requests for disclosure, requests for production and
inspection of documents and tangible things, requests for entry onto property,
interrogatories, and requests for admission.
(b) Possession, custody, or control of an item means that the person either has physical
possession of the item or has a right to possession of the item that is equal or superior
to the person who has physical possession of the item.
(c) A testifying expert is an expert who may be called to testify as an expert witness at
trial.
(d) A consulting expert is an expert who has been consulted, retained, or specially
employed by a party in anticipation of litigation or in preparation for trial, but who
is not a testifying expert.
RULE 193. WRITTEN DISCOVERY: RESPONSE; OBJECTION;
ASSERTION OF PRIVILEGE; SUPPLEMENTATION AND AMENDMENT;
FAILURE TO TIMELY RESPOND; PRESUMPTION OF AUTHENTICITY
193.1 Responding to Written Discovery; Duty to Make Complete Response.
A party must respond to written discovery in writing within the time provided by court order or these
rules. When responding to written discovery, a party must make a complete response, based on all
information reasonably available to the responding party or its attorney at the time the response is
made. The responding party’s answers, objections, and other responses must be preceded by the
request to which they apply.
193.2 Objecting to Written Discovery
(a) Form and time for objections. A party must make any objection to written discovery in
writing – either in the response or in a separate document – within the time for response. The
party must state specifically the legal or factual basis for the objection and the extent to
which the party is refusing to comply with the request.
(b) Duty to respond when partially objecting; objection to time or place of production. A
party must comply with as much of the request to which the party has made no objection
unless it is unreasonable under the circumstances to do so before obtaining a ruling on the
objection. If the responding party objects to the requested time or place of production, the
responding party must state a reasonable time and place for complying with the request and
must comply at that time and place without further request or order.
(c) Good faith basis for objection. A party may object to written discovery only if a good faith
factual and legal basis for the objection exists at the time the objection is made.
(d) Amendment. An objection or response to written discovery may be amended or
supplemented to state an objection or basis that, at the time the objection or response initially
was made, either was inapplicable or was unknown after reasonable inquiry.
(e) Waiver of objection. An objection that is not made within the time required, or that is
obscured by numerous unfounded objections, is waived unless the court excuses the waiver
for good cause shown.
(f) No objection to preserve privilege. A party should not object to a request for written
discovery on the grounds that it calls for production of material or information that is
privileged but should instead comply with Rule 193.3. A party who objects to production of
privileged material or information does not waive the privilege but must comply with Rule
193.3 when the error is pointed out.
193.3 Asserting a Privilege
A party may preserve a privilege from written discovery in accordance with this subdivision.
(a) Withholding privileged material or information. A party who claims that material
or information responsive to written discovery is privileged may withhold the
privileged material or information from the response. The party must state–in the
response (or an amended or supplemental response) or in a separate document–that:
(1) information or material responsive to the request has been withheld,
(2) the request to which the information or material relates, and
(3) the privilege or privileges asserted.
(b) Description of withheld material or information. After receiving a response
indicating that material or information has been withheld from production, the party
seeking discovery may serve a written request that the withholding party identify the
information and material withheld. Within 15 days of service of that request, the
withholding party must serve a response that:
(1) describes the information or materials withheld that, without revealing the
privileged information itself or otherwise waiving the privilege, enables other
parties to assess the applicability of the privilege, and
(2) asserts a specific privilege for each item or group of items withheld.
(c) Exemption. Without complying with paragraphs (a) and (b), a party may withhold
a privileged communication to or from a lawyer or lawyer’s representative or a
privileged document of a lawyer or lawyer’s representative
(1) created or made from the point at which a party consults a lawyer with a view
to obtaining professional legal services from the lawyer in the prosecution or
defense of a specific claim in the litigation in which discovery is requested,
and
(2) concerning the litigation in which the discovery is requested.
(d) Privilege not waived by production. A party who produces material or information
without intending to waive a claim of privilege does not waive that claim under these
rules or the Rules of Evidence if – within ten days or a shorter time ordered by the
court, after the producing party actually discovers that such production was made –
the producing party amends the response, identifying the material or information
produced and stating the privilege asserted. If the producing party thus amends the
response to assert a privilege, the requesting party must promptly return the specified
material or information and any copies pending any ruling by the court denying the
privilege.
193.4 Hearing and Ruling on Objections and Assertions of Privilege.
(a) Hearing. Any party may at any reasonable time request a hearing on an objection or claim
of privilege asserted under this rule. The party making the objection or asserting the
privilege must present any evidence necessary to support the objection or privilege. The
evidence may be testimony presented at the hearing or affidavits served at least seven days
before the hearing or at such other reasonable time as the court permits. If the court
determines that an in camera review of some or all of the requested discovery is necessary,
that material or information must be segregated and produced to the court in a sealed
wrapper within a reasonable time following the hearing.
(b) Ruling. To the extent the court sustains the objection or claim of privilege, the responding
party has no further duty to respond to that request. To the extent the court overrules the
objection or claim of privilege, the responding party must produce the requested material or
information within 30 days after the court’s ruling or at such time as the court orders. A party
need not request a ruling on that party’s own objection or assertion of privilege to preserve
the objection or privilege.
(c) Use of material or information withheld under claim of privilege. A party may not use–
at any hearing or trial–material or information withheld from discovery under a claim of
privilege, including a claim sustained by the court, without timely amending or
supplementing the party’s response to that discovery.
193.5 Amending or Supplementing Responses to Written Discovery.
(a) Duty to amend or supplement. If a party learns that the party’s response to written
discovery was incomplete or incorrect when made, or, although complete and correct when
made, is no longer complete and correct, the party must amend or supplement the response:
(1) to the extent that the written discovery sought the identification of persons with
knowledge of relevant facts, trial witnesses, or expert witnesses, and
(2) to the extent that the written discovery sought other information, unless the
additional or corrective information has been made known to the other parties in
writing, on the record at a deposition, or through other discovery responses.
(b) Time and form of amended or supplemental response. An amended or supplemental
response must be made reasonably promptly after the party discovers the necessity for such
a response. Except as otherwise provided by these rules, it is presumed that an amended or
supplemental response made less than 30 days before trial was not made reasonably
promptly. An amended or supplemental response must be in the same form as the initial
response and must be verified by the party if the original response was required to be
verified by the party, but the failure to comply with this requirement does not make the
amended or supplemental response untimely unless the party making the response refuses
to correct the defect within a reasonable time after it is pointed out.
193.6 Failing to Timely Respond – Effect on Trial
(a) Exclusion of evidence and exceptions. A party who fails to make, amend, or supplement
a discovery response in a timely manner may not introduce in evidence the material or
information that was not timely disclosed, or offer the testimony of a witness (other than a
named party) who was not timely identified, unless the court finds that:
(1) there was good cause for the failure to timely make, amend, or supplement the
discovery response; or
(2) the failure to timely make, amend, or supplement the discovery response will not
unfairly surprise or unfairly prejudice the other parties.
(b) Burden of establishing exception. The burden of establishing good cause or the lack of
unfair surprise or unfair prejudice is on the party seeking to introduce the evidence or call
the witness. A finding of good cause or of the lack of unfair surprise or unfair prejudice must
be supported by the record.
(c) Continuance. Even if the party seeking to introduce the evidence or call the witness fails
to carry the burden under paragraph (b), the court may grant a continuance or temporarily
postpone the trial to allow a response to be made, amended, or supplemented, and to allow
opposing parties to conduct discovery regarding any new information presented by that
response.
193.7 Production of Documents Self-Authenticating
A party’s production of a document in response to written discovery authenticates the document for
use against that party in any pretrial proceeding or at trial unless – within ten days or a longer or
shorter time ordered by the court, after the producing party has actual notice that the document will
be used – the party objects to the authenticity of the document, or any part of it, stating the specific
basis for objection. An objection must be either on the record or in writing and must have a good
faith factual and legal basis. An objection made to the authenticity of only part of a document does
not affect the authenticity of the remainder. If objection is made, the party attempting to use the
document should be given a reasonable opportunity to establish its authenticity.
RULE 194. REQUESTS FOR DISCLOSURE
194.1 Request.
A party may obtain disclosure from another party of the information or material listed in Rule 194.2
by serving the other party – no later than 30 days before the end of any applicable discovery period –
the following request: “Pursuant to Rule 194, you are requested to disclose, within 30 days of service
of this request, the information or material described in Rule [state rule, e.g., 194.2, or 194.2(a), (c),
and (f), or 194.2(d)-(g)].”
194.2 Content.
A party may request disclosure of any or all of the following:
(a) the correct names of the parties to the lawsuit;
(b) the name, address, and telephone number of any potential parties;
(c) the legal theories and, in general, the factual bases of the responding party’s claims
or defenses (the responding party need not marshal all evidence that may be offered
at trial);
(d) the amount and any method of calculating economic damages;
(e) the name, address, and telephone number of persons having knowledge of relevant
facts, and a brief statement of each identified person’s connection with the case;
(f) for any testifying expert:
(1) the expert’s name, address, and telephone number;
(2) the subject matter on which the expert will testify;
(3) the general substance of the expert’s mental impressions and opinions and a
brief summary of the basis for them, or if the expert is not retained by,
employed by, or otherwise subject to the control of the responding party,
documents reflecting such information;
(4) if the expert is retained by, employed by, or otherwise subject to the control
of the responding party:
(A) all documents, tangible things, reports, models, or data compilations
that have been provided to, reviewed by, or prepared by or for the
expert in anticipation of the expert’s testimony; and
(B) the expert’s current resume and bibliography;
(g) any indemnity and insuring agreements described in Rule 192.3(f);
(h) any settlement agreements described in Rule 192.3(g);
(i) any witness statements described in Rule 192.3(h);
(j) in a suit alleging physical or mental injury and damages from the occurrence that is
the subject of the case, all medical records and bills that are reasonably related to the
injuries or damages asserted or, in lieu thereof, an authorization permitting the
disclosure of such medical records and bills;
(k) in a suit alleging physical or mental injury and damages from the occurrence that is
the subject of the case, all medical records and bills obtained by the responding party
by virtue of an authorization furnished by the requesting party;
(l) the name, address, and telephone number of any person who may be designated as
a responsible third party.
194.3 Response.
The responding party must serve a written response on the requesting party within 30 days after
service of the request, except that:
(a) a defendant served with a request before the defendant’s answer is due need not
respond until 50 days after service of the request, and
(b) a response to a request under Rule 194.2(f) is governed by Rule 195.
194.4 Production.
Copies of documents and other tangible items ordinarily must be served with the response. But if
the responsive documents are voluminous, the response must state a reasonable time and place for
the production of documents. The responding party must produce the documents at the time and
place stated, unless otherwise agreed by the parties or ordered by the court, and must provide the
requesting party a reasonable opportunity to inspect them.
194.5 No Objection or Assertion of Work Product.
No objection or assertion of work product is permitted to a request under this rule.
194.6 Certain Responses Not Admissible.
A response to requests under Rule 194.2(c) and (d) that has been changed by an amended or
supplemental response is not admissible and may not be used for impeachment.
RULE 195. DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES
195.1 Permissible Discovery Tools.
A party may request another party to designate and disclose information concerning testifying expert
witnesses only through a request for disclosure under Rule 194 and through depositions and reports
as permitted by this rule.
195.2 Schedule for Designating Experts.
Unless otherwise ordered by the court, a party must designate experts – that is, furnish information
requested under Rule 194.2(f) – by the later of the following two dates: 30 days after the request is
served, or
(a) with regard to all experts testifying for a party seeking affirmative relief, 90 days
before the end of the discovery period;
(b) with regard to all other experts, 60 days before the end of the discovery period.
195.3 Scheduling Depositions.
(a) Experts for party seeking affirmative relief. A party seeking affirmative relief must make
an expert retained by, employed by, or otherwise in the control of the party available for
deposition as follows:
(1) If no report furnished. If a report of the expert’s factual observations, tests,
supporting data, calculations, photographs, and opinions is not produced when the
expert is designated, then the party must make the expert available for deposition
reasonably promptly after the expert is designated. If the deposition cannot–due to
the actions of the tendering party–reasonably be concluded more than 15 days before
the deadline for designating other experts, that deadline must be extended for other
experts testifying on the same subject.
(2) If report furnished. If a report of the expert’s factual observations, tests, supporting
data, calculations, photographs, and opinions is produced when the expert is
designated, then the party need not make the expert available for deposition until
reasonably promptly after all other experts have been designated.
(b) Other experts. A party not seeking affirmative relief must make an expert retained by,
employed by, or otherwise in the control of the party available for deposition reasonably
promptly after the expert is designated and the experts testifying on the same subject for the
party seeking affirmative relief have been deposed.
195.4 Oral Deposition.
In addition to disclosure under Rule 194, a party may obtain discovery concerning the subject matter
on which the expert is expected to testify, the expert’s mental impressions and opinions, the facts
known to the expert (regardless of when the factual information was acquired) that relate to or form
the basis of the testifying expert’s mental impressions and opinions, and other discoverable matters,
including documents not produced in disclosure, only by oral deposition of the expert and by a
report prepared by the expert under this rule.
195.5 Court-Ordered Reports.
If the discoverable factual observations, tests, supporting data, calculations, photographs, or opinions
of an expert have not been recorded and reduced to tangible form, the court may order these matters
reduced to tangible form and produced in addition to the deposition.
195.6 Amendment and Supplementation.
A party’s duty to amend and supplement written discovery regarding a testifying expert is governed
by Rule 193.5. If an expert witness is retained by, employed by, or otherwise under the control of
a party, that party must also amend or supplement any deposition testimony or written report by the
expert, but only with regard to the expert’s mental impressions or opinions and the basis for them.
195.7 Cost of Expert Witnesses.
When a party takes the oral deposition of an expert witness retained by the opposing party, all
reasonable fees charged by the expert for time spent in preparing for, giving, reviewing, and
correcting the deposition must be paid by the party that retained the expert.
RULE 196. REQUESTS FOR PRODUCTION AND INSPECTION TO PARTIES;
REQUESTS AND MOTIONS FOR ENTRY UPON PROPERTY
196.1 Request for Production and Inspection to Parties.
(a) Request. A party may serve on another party–no later than 30 days before the end of the
discovery period–a request for production or for inspection, to inspect, sample, test,
photograph and copy documents or tangible things within the scope of discovery.
(b) Contents of request. The request must specify the items to be produced or inspected, either
by individual item or by category, and describe with reasonable particularity each item and
category. The request must specify a reasonable time (on or after the date on which the
response is due) and place for production. If the requesting party will sample or test the
requested items, the means, manner and procedure for testing or sampling must be described
with sufficient specificity to inform the producing party of the means, manner, and procedure
for testing or sampling.
(c) Requests for production of medical or mental health records regarding nonparties.
(1) Service of request on nonparty. If a party requests another party to produce
medical or mental health records regarding a nonparty, the requesting party must
serve the nonparty with the request for production under Rule 21a.
(2) Exceptions. A party is not required to serve the request for production on a nonparty
whose medical records are sought if:
(A) the nonparty signs a release of the records that is effective as to the
requesting party;
(B) the identity of the nonparty whose records are sought will not directly or
indirectly be disclosed by production of the records; or
(C) the court, upon a showing of good cause by the party seeking the records,
orders that service is not required.
(3) Confidentiality. Nothing in this rule excuses compliance with laws concerning the
confidentiality of medical or mental health records.
196.2 Response to Request for Production and Inspection.
(a) Time for response. The responding party must serve a written response on the requesting
party within 30 days after service of the request, except that a defendant served with a
request before the defendant’s answer is due need not respond until 50 days after service of
the request.
(b) Content of response. With respect to each item or category of items, the responding party
must state objections and assert privileges as required by these rules, and state, as
appropriate, that:
(1) production, inspection, or other requested action will be permitted as requested;
(2) the requested items are being served on the requesting party with the response;
(3) production, inspection, or other requested action will take place at a specified time
and place, if the responding party is objecting to the time and place of production;
or
(4) no items have been identified – after a diligent search – that are responsive to the
request.
196.3 Production.
(a) Time and place of production. Subject to any objections stated in the response, the
responding party must produce the requested documents or tangible things within the
person’s possession, custody or control at either the time and place requested or the time and
place stated in the response, unless otherwise agreed by the parties or ordered by the court,
and must provide the requesting party a reasonable opportunity to inspect them.
(b) Copies. The responding party may produce copies in lieu of originals unless a question is
raised as to the authenticity of the original or in the circumstances it would be unfair to
produce copies in lieu of originals. If originals are produced, the responding party is entitled
to retain the originals while the requesting party inspects and copies them.
(c) Organization. The responding party must either produce documents and tangible things as
they are kept in the usual course of business or organize and label them to correspond with
the categories in the request.
196.4 Electronic or Magnetic Data.
To obtain discovery of data or information that exists in electronic or magnetic form, the requesting
party must specifically request production of electronic or magnetic data and specify the form in
which the requesting party wants it produced. The responding party must produce the electronic or
magnetic data that is responsive to the request and is reasonably available to the responding party
in its ordinary course of business. If the responding party cannot – through reasonable efforts –
retrieve the data or information requested or produce it in the form requested, the responding party
must state an objection complying with these rules. If the court orders the responding party to
comply with the request, the court must also order that the requesting party pay the reasonable
expenses of any extraordinary steps required to retrieve and produce the information.
196.5 Destruction or Alteration.
Testing, sampling or examination of an item may not destroy or materially alter an item unless
previously authorized by the court.
196.6 Expenses of Production.
Unless otherwise ordered by the court for good cause, the expense of producing items will be borne
by the responding party and the expense of inspecting, sampling, testing, photographing, and
copying items produced will be borne by the requesting party.
196.7 Request of Motion for Entry Upon Property.
(a) Request or motion. A party may gain entry on designated land or other property to inspect,
measure, survey, photograph, test, or sample the property or any designated object or
operation thereon by serving – no later than 30 days before the end of any applicable
discovery period –
(1) a request on all parties if the land or property belongs to a party, or
(2) a motion and notice of hearing on all parties and the nonparty if the land or property
belongs to a nonparty. If the identity or address of the nonparty is unknown and
cannot be obtained through reasonable diligence, the court must permit service by
means other than those specified in Rule 21a that are reasonably calculated to give
the nonparty notice of the motion and hearing.
(b) Time, place, and other conditions. The request for entry upon a party’s property, or the
order for entry upon a nonparty’s property, must state the time, place, manner, conditions,
and scope of the inspection, and must specifically describe any desired means, manner, and
procedure for testing or sampling, and the person or persons by whom the inspection, testing,
or sampling is to be made.
(c) Response to request for entry.
(1) Time to respond. The responding party must serve a written response on the
requesting party within 30 days after service of the request, except that a defendant
served with a request before the defendant’s answer is due need not respond until 50
days after service of the request.
(2) Content of response. The responding party must state objections and assert
privileges as required by these rules, and state, as appropriate, that:
(A) entry or other requested action will be permitted as requested;
(B) entry or other requested action will take place at a specified time and place,
if the responding party is objecting to the time and place of production; or
(C) entry or other requested action cannot be permitted for reasons stated in the
response.
(d) Requirements for order for entry on nonparty’s property. An order for entry on a
nonparty’s property may issue only for good cause shown and only if the land, property, or
object thereon as to which discovery is sought is relevant to the subject matter of the action.
RULE 197. INTERROGATORIES TO PARTIES
197.1 Interrogatories.
A party may serve on another party – no later than 30 days before the end of the discovery period
-written interrogatories to inquire about any matter within the scope of discovery except matters
covered by Rule 195. An interrogatory may inquire whether a party makes a specific legal or factual
contention and may ask the responding party to state the legal theories and to describe in general the
factual bases for the party’s claims or defenses, but interrogatories may not be used to require the
responding party to marshal all of its available proof or the proof the party intends to offer at trial.
197.2 Response to Interrogatories.
(a) Time for response. The responding party must serve a written response on the requesting
party within 30 days after service of the interrogatories, except that a defendant served with
interrogatories before the defendant’s answer is due need not respond until 50 days after
service of the interrogatories.
(b) Content of response. A response must include the party’s answers to the interrogatories and
may include objections and assertions of privilege as required under these rules.
(c) Option to produce records. If the answer to an interrogatory may be derived or ascertained
from public records, from the responding party’s business records, or from a compilation,
abstract or summary of the responding party’s business records, and the burden of deriving
or ascertaining the answer is substantially the same for the requesting party as for the
responding party, the responding party may answer the interrogatory by specifying and, if
applicable, producing the records or compilation, abstract or summary of the records. The
records from which the answer may be derived or ascertained must be specified in sufficient
detail to permit the requesting party to locate and identify them as readily as can the
responding party. If the responding party has specified business records, the responding
party must state a reasonable time and place for examination of the documents. The
responding party must produce the documents at the time and place stated, unless otherwise
agreed by the parties or ordered by the court, and must provide the requesting party a
reasonable opportunity to inspect them.
(d) Verification required; exceptions. A responding party – not an agent or attorney as
otherwise permitted by Rule 14 – must sign the answers under oath except that:
(1) when answers are based on information obtained from other persons, the party may
so state, and
(2) a party need not sign answers to interrogatories about persons with knowledge of
relevant facts, trial witnesses, and legal contentions.
197.3 Use.
Answers to interrogatories may be used only against the responding party. An answer to an
interrogatory inquiring about matters described in Rule 194.2(c) and (d) that has been amended or
supplemented is not admissible and may not be used for impeachment.
RULE 198. REQUESTS FOR ADMISSIONS
198.1 Request for Admissions.
A party may serve on another party – no later than 30 days before the end of the discovery period
-written requests that the other party admit the truth of any matter within the scope of discovery,
including statements of opinion or of fact or of the application of law to fact, or the genuineness of
any documents served with the request or otherwise made available for inspection and copying. Each
matter for which an admission is requested must be stated separately.
198.2 Response to Requests for Admissions.
(a) Time for response. The responding party must serve a written response on the requesting
party within 30 days after service of the request, except that a defendant served with a
request before the defendant’s answer is due need not respond until 50 days after service of
the request.
(b) Content of response. Unless the responding party states an objection or asserts a privilege,
the responding party must specifically admit or deny the request or explain in detail the
reasons that the responding party cannot admit or deny the request. A response must fairly
meet the substance of the request. The responding party may qualify an answer, or deny a
request in part, only when good faith requires. Lack of information or knowledge is not a
proper response unless the responding party states that a reasonable inquiry was made but
that the information known or easily obtainable is insufficient to enable the responding party
to admit or deny. An assertion that the request presents an issue for trial is not a proper
response.
(c) Effect of failure to respond. If a response is not timely served, the request is considered
admitted without the necessity of a court order.
198.3 Effect of Admissions; Withdrawal or Amendment.
Any admission made by a party under this rule may be used solely in the pending action and not in
any other proceeding. A matter admitted under this rule is conclusively established as to the party
making the admission unless the court permits the party to withdraw or amend the admission. The
court may permit the party to withdraw or amend the admission if:
(a) the party shows good cause for the withdrawal or amendment; and
(b) the court finds that the parties relying upon the responses and deemed admissions
will not be unduly prejudiced and that the presentation of the merits of the action will
be subserved by permitting the party to amend or withdraw the admission.
RULE 199. DEPOSITIONS UPON ORAL EXAMINATION
199.1 Oral Examination; Alternative Methods of Conducting or Recording.
(a) Generally. A party may take the testimony of any person or entity by deposition on oral
examination before any officer authorized by law to take depositions. The testimony,
objections, and any other statements during the deposition must be recorded at the time they
are given or made.
(b) Depositions by telephone or other remote electronic means. A party may take an oral
deposition by telephone or other remote electronic means if the party gives reasonable prior
written notice of intent to do so. For the purposes of these rules, an oral deposition taken by
telephone or other remote electronic means is considered as having been taken in the district
and at the place where the witness is located when answering the questions. The officer
taking the deposition may be located with the party noticing the deposition instead of with
the witness if the witness is placed under oath by a person who is present with the witness
and authorized to administer oaths in that jurisdiction.
(c) Non-stenographic recording. Any party may cause a deposition upon oral examination to
be recorded by other than stenographic means, including videotape recording. The party
requesting the non-stenographic recording will be responsible for obtaining a person
authorized by law to administer the oath and for assuring that the recording will be
intelligible, accurate, and trustworthy. At least five days prior to the deposition, the party
must serve on the witness and all parties a notice, either in the notice of deposition or
separately, that the deposition will be recorded by other than stenographic means. This
notice must state the method of non-stenographic recording to be used and whether the
deposition will also be recorded stenographically. Any other party may then serve written
notice designating another method of recording in addition to the method specified, at the
expense of such other party unless the court orders otherwise.
199.2 Procedure for Noticing Oral Depositions.
(a) Time to notice deposition. A notice of intent to take an oral deposition must be served on
the witness and all parties a reasonable time before the deposition is taken. An oral
deposition may be taken outside the discovery period only by agreement of the parties or
with leave of court.
(b) Content of notice.
(1) Identity of witness; organizations. The notice must state the name of the witness,
which may be either an individual or a public or private corporation, partnership,
association, governmental agency, or other organization. If an organization is named
as the witness, the notice must describe with reasonable particularity the matters on
which examination is requested. In response, the organization named in the notice
must – a reasonable time before the deposition – designate one or more individuals
to testify on its behalf and set forth, for each individual designated, the matters on
which the individual will testify. Each individual designated must testify as to
matters that are known or reasonably available to the organization. This subdivision
does not preclude taking a deposition by any other procedure authorized by these
rules.
(2) Time and place. The notice must state a reasonable time and place for the oral
deposition. The place may be in:
(A) the county of the witness’s residence;
(B) the county where the witness is employed or regularly transacts business in
person;
(C) the county of suit, if the witness is a party or a person designated by a party
under Rule 199.2(b)(1);
(D) the county where the witness was served with the subpoena, or within 150
miles of the place of service, if the witness is not a resident of Texas or is a
transient person; or
(E) subject to the foregoing, at any other convenient place directed by the court
in which the cause is pending.
(3) Alternative means of conducting and recording. The notice must state whether
the deposition is to be taken by telephone or other remote electronic means and
identify the means. If the deposition is to be recorded by nonstenographic means, the
notice may include the notice required by Rule 199.1(c).
(4) Additional attendees. The notice may include the notice concerning additional
attendees required by Rule 199.5(a)(3).
(5) Request for production of documents. A notice may include a request that the
witness produce at the deposition documents or tangible things within the scope of
discovery and within the witness’s possession, custody, or control. If the witness is
a nonparty, the request must comply with Rule 205 and the designation of materials
required to be identified in the subpoena must be attached to, or included in, the
notice. The nonparty’s response to the request is governed by Rules 176 and 205.
When the witness is a party or subject to the control of a party, document requests
under this subdivision are governed by Rules 193 and 196.
199.3 Compelling Witness to Attend.
A party may compel the witness to attend the oral deposition by serving the witness with a subpoena
under Rule 176. If the witness is a party or is retained by, employed by, or otherwise subject to the
control of a party, however, service of the notice of oral deposition upon the party’s attorney has the
same effect as a subpoena served on the witness.
199.4 Objections to Time and Place of Oral Deposition.
A party or witness may object to the time and place designated for an oral deposition by motion for
protective order or by motion to quash the notice of deposition. If the motion is filed by the third
business day after service of the notice of deposition, an objection to the time and place of a
deposition stays the oral deposition until the motion can be determined.
199.5 Examination, Objection, and Conduct During Oral Depositions.
(a) Attendance.
(1) Witness. The witness must remain in attendance from day to day until the
deposition is begun and completed.
(2) Attendance by party. A party may attend an oral deposition in person, even if the
deposition is taken by telephone or other remote electronic means. If a deposition is
taken by telephone or other remote electronic means, the party noticing the
deposition must make arrangements for all persons to attend by the same means. If
the party noticing the deposition appears in person, any other party may appear by
telephone or other remote electronic means if that party makes the necessary
arrangements with the deposition officer and the party noticing the deposition.
(3) Other attendees. If any party intends to have in attendance any persons other than
the witness, parties, spouses of parties, counsel, employees of counsel, and the
officer taking the oral deposition, that party must give reasonable notice to all
parties, either in the notice of deposition or separately, of the identity of the other
persons.
(b) Oath; examination. Every person whose deposition is taken by oral examination must first
be placed under oath. The parties may examine and cross-examine the witness. Any party,
in lieu of participating in the examination, may serve written questions in a sealed envelope
on the party noticing the oral deposition, who must deliver them to the deposition officer,
who must open the envelope and propound them to the witness.
(c) Time limitation. No side may examine or cross-examine an individual witness for more
than six hours. Breaks during depositions do not count against this limitation.
(d) Conduct during the oral deposition; conferences. The oral deposition must be conducted
in the same manner as if the testimony were being obtained in court during trial. Counsel
should cooperate with and be courteous to each other and to the witness. The witness should
not be evasive and should not unduly delay the examination. Private conferences between
the witness and the witness’s attorney during the actual taking of the deposition are improper
except for the purpose of determining whether a privilege should be asserted. Private
conferences may be held, however, during agreed recesses and adjournments. If the lawyers
and witnesses do not comply with this rule, the court may allow in evidence at trial
statements, objections, discussions, and other occurrences during the oral deposition that
reflect upon the credibility of the witness or the testimony.
(e) Objections. Objections to questions during the oral deposition are limited to “Objection,
leading” and “Objection, form.” Objections to testimony during the oral deposition are
limited to “Objection, non-responsive.” These objections are waived if not stated as phrased
during the oral deposition. All other objections need not be made or recorded during the oral
deposition to be later raised with the court. The objecting party must give a clear and concise
explanation of an objection if requested by the party taking the oral deposition, or the
objection is waived. Argumentative or suggestive objections or explanations waive objection
and may be grounds for terminating the oral deposition or assessing costs or other sanctions.
The officer taking the oral deposition will not rule on objections but must record them for
ruling by the court. The officer taking the oral deposition must not fail to record testimony
because an objection has been made.
(f) Instructions not to answer. An attorney may instruct a witness not to answer a question
during an oral deposition only if necessary to preserve a privilege, comply with a court order
or these rules, protect a witness from an abusive question or one for which any answer would
be misleading, or secure a ruling pursuant to paragraph (g). The attorney instructing the
witness not to answer must give a concise, non-argumentative, non-suggestive explanation
of the grounds for the instruction if requested by the party who asked the question.
(g) Suspending the deposition. If the time limitations for the deposition have expired or the
deposition is being conducted or defended in violation of these rules, a party or witness may
suspend the oral deposition for the time necessary to obtain a ruling.
(h) Good faith required. An attorney must not ask a question at an oral deposition solely to
harass or mislead the witness, for any other improper purpose, or without a good faith legal
basis at the time. An attorney must not object to a question at an oral deposition, instruct the
witness not to answer a question, or suspend the deposition unless there is a good faith
factual and legal basis for doing so at the time.
199.6 Hearing on Objections.
Any party may, at any reasonable time, request a hearing on an objection or privilege asserted by
an instruction not to answer or suspension of the deposition; provided the failure of a party to obtain
a ruling prior to trial does not waive any objection or privilege. The party seeking to avoid discovery
must present any evidence necessary to support the objection or privilege either by testimony at the
hearing or by affidavits served on opposing parties at least seven days before the hearing. If the court
determines that an in camera review of some or all of the requested discovery is necessary to rule,
answers to the deposition questions may be made in camera, to be transcribed and sealed in the event
the privilege is sustained, or made in an affidavit produced to the court in a sealed wrapper.
[RULE 200. Repealed effective January 1, 1999; see, Rule 199.1 et seq.]
RULE 200. DEPOSITIONS UPON WRITTEN QUESTIONS
200.1 Procedure for Noticing Deposition Upon Written Questions.
(a) Who may be noticed; when. A party may take the testimony of any person or entity by
deposition on written questions before any person authorized by law to take depositions on
written questions. A notice of intent to take the deposition must be served on the witness and
all parties at least 20 days before the deposition is taken. A deposition on written questions
may be taken outside the discovery period only by agreement of the parties or with leave of
court. The party noticing the deposition must also deliver to the deposition officer a copy of
the notice and of all written questions to be asked during the deposition.
(b) Content of notice. The notice must comply with Rules 199.1(b), 199.2(b), and 199.5(a)(3).
If the witness is an organization, the organization must comply with the requirements of that
provision. The notice also may include a request for production of documents as permitted
by Rule 199.2(b)(5), the provisions of which will govern the request, service, and response.
200.2 Compelling Witness to Attend.
A party may compel the witness to attend the deposition on written questions by serving the witness
with a subpoena under Rule 176. If the witness is a party or is retained by, employed by, or
otherwise subject to the control of a party, however, service of the deposition notice upon the party’s
attorney has the same effect as a subpoena served on the witness.
200.3 Questions and Objections.
(a) Direct questions. The direct questions to be propounded to the witness must be attached
to the notice.
(b) Objections and additional questions. Within ten days after the notice and direct questions
are served, any party may object to the direct questions and serve cross-questions on all other
parties. Within five days after cross-questions are served, any party may object to the crossquestions
and serve redirect questions on all other parties. Within three days after redirect
questions are served, any party may object to the redirect questions and serve re-cross
questions on all other parties. Objections to re-cross questions must be served within five
days after the earlier of when re-cross questions are served or the time of the deposition on
written questions.
(c) Objections to form of questions. Objections to the form of a question are waived unless
asserted in accordance with this subdivision.
200.4 Conducting the Deposition Upon Written Questions.
The deposition officer must: take the deposition on written questions at the time and place
designated; record the testimony of the witness under oath in response to the questions; and prepare,
certify, and deliver the deposition transcript in accordance with Rule 203. The deposition officer has
authority when necessary to summon and swear an interpreter to facilitate the taking of the
deposition.
[RULE 201. Repealed effective January 1, 1999; see, Rules 176.6 and 199]
RULE 201. DEPOSITIONS IN FOREIGN JURISDICTIONS FOR USE IN
TEXAS PROCEEDINGS; DEPOSITIONS IN TEXAS FOR USE IN
FOREIGN PROCEEDINGS
201.1 Depositions in Foreign Jurisdictions for Use in Texas Proceedings.
(a) Generally. A party may take a deposition on oral examination or written questions of any
person or entity located in another state or a foreign country for use in proceedings in this
State. The deposition may be taken by:
(1) notice;
(2) letter rogatory, letter of request, or other such device;
(3) agreement of the parties; or
(4) court order.
(b) By notice. A party may take the deposition by notice in accordance with these rules as if
the deposition were taken in this State, except that the deposition officer may be a person
authorized to administer oaths in the place where the deposition is taken.
(c) By letter rogatory. On motion by a party, the court in which an action is pending must
issue a letter rogatory on terms that are just and appropriate, regardless of whether any other
manner of obtaining the deposition is impractical or inconvenient. The letter must:
(1) be addressed to the appropriate authority in the jurisdiction in which the deposition
is to be taken;
(2) request and authorize that authority to summon the witness before the authority at
a time and place stated in the letter for examination on oral or written questions; and
(3) request and authorize that authority to cause the witness’s testimony to be reduced
to writing and returned, together with any items marked as exhibits, to the party
requesting the letter rogatory.
(d) By letter of request or other such device. On motion by a party, the court in which an
action is pending, or the clerk of that court, must issue a letter of request or other such device
in accordance with an applicable treaty or international convention on terms that are just and
appropriate. The letter or other device must be issued regardless of whether any other
manner of obtaining the deposition is impractical or inconvenient. The letter or other device
must:
(1) be in the form prescribed by the treaty or convention under which it is issued, as
presented by the movant to the court or clerk; and
(2) must state the time, place, and manner of the examination of the witness.
(e) Objections to form of letter rogatory, letter of request, or other such device. In issuing
a letter rogatory, letter of request, or other such device, the court must set a time for
objecting to the form of the device. A party must make any objection to the form of the
device in writing and serve it on all other parties by the time set by the court, or the objection
is waived.
(f) Admissibility of evidence. Evidence obtained in response to a letter rogatory, letter of
request, or other such device is not inadmissible merely because it is not a verbatim
transcript, or the testimony was not taken under oath, or for any similar departure from the
requirements for depositions taken within this State under these rules.
(g) Deposition by electronic means. A deposition in another jurisdiction may be taken by
telephone, video conference, teleconference, or other electronic means under the provisions
of Rule 199.
201.2 Depositions in Texas for Use in Proceedings in Foreign Jurisdictions.
If a court of record of any other state or foreign jurisdiction issues a mandate, writ, or commission
that requires a witness’s oral or written deposition testimony in this State, the witness may be
compelled to appear and testify in the same manner and by the same process used for taking
testimony in a proceeding pending in this State.
[RULE 202. Repealed effective January 1, 1999; see, Rules 199.1 and 203.6]
RULE 202. DEPOSITIONS BEFORE SUIT OR TO INVESTIGATE CLAIMS
202.1 Generally.
A person may petition the court for an order authorizing the taking of a deposition on oral
examination or written questions either:
(a) to perpetuate or obtain the person’s own testimony or that of any other person for use
in an anticipated suit; or
(b) to investigate a potential claim or suit.
202.2 Petition
The petition must:
(a) be verified;
(b) be filed in a proper court of any county:
(1) where venue of the anticipated suit may lie, if suit is anticipated; or
(2) where the witness resides, if no suit is yet anticipated;
(c) be in the name of the petitioner;
(d) state either:
(1) that the petitioner anticipates the institution of a suit in which the petitioner
may be a party; or
(2) that the petitioner seeks to investigate a potential claim by or against
petitioner;
(e) state the subject matter of the anticipated action, if any, and the petitioner’s interest
therein;
(f) if suit is anticipated, either:
(1) state the names of the persons petitioner expects to have interests adverse to
petitioner’s in the anticipated suit, and the addresses and telephone numbers
for such persons; or
(2) state that the names, addresses, and telephone numbers of persons petitioner
expects to have interests adverse to petitioner’s in the anticipated suit cannot
be ascertained through diligent inquiry, and describe those persons;
(g) state the names, addresses and telephone numbers of the persons to be deposed, the
substance of the testimony that the petitioner expects to elicit from each, and the
petitioner’s reasons for desiring to obtain the testimony of each; and
(h) request an order authorizing the petitioner to take the depositions of the persons
named in the petition.
202.3 Notice and Service.
(a) Personal service on witnesses and persons named. At least 15 days before the date of the
hearing on the petition, the petitioner must serve the petition and a notice of the hearing – in
accordance with Rule 21a – on all persons petitioner seeks to depose and, if suit is
anticipated, on all persons petitioner expects to have interests adverse to petitioner’s in the
anticipated suit.
(b) Service by publication on persons not named.
(1) Manner. Unnamed persons described in the petition whom the petitioner expects
to have interests adverse to petitioner’s in the anticipated suit, if any, may be served
by publication with the petition and notice of the hearing. The notice must state the
place for the hearing and the time it will be held, which must be more than 14 days
after the first publication of the notice. The petition and notice must be published
once each week for two consecutive weeks in the newspaper of broadest circulation
in the county in which the petition is filed, or if no such newspaper exists, in the
newspaper of broadest circulation in the nearest county where a newspaper is
published.
(2) Objection to depositions taken on notice by publication. Any interested party
may move, in the proceeding or by bill of review, to suppress any deposition, in
whole or in part, taken on notice by publication, and may also attack or oppose the
deposition by any other means available.
(c) Service in probate cases. A petition to take a deposition in anticipation of an application
for probate of a will, and notice of the hearing on the petition, may be served by posting as
prescribed by Section 33(f)(2) of the Probate Code. The notice and petition must be directed
to all parties interested in the testator’s estate and must comply with the requirements of
Section 33(c) of the Probate Code insofar as they may be applicable.
(d) Modification by order. As justice or necessity may require, the court may shorten or
lengthen the notice periods under this rule and may extend the notice period to permit
service on any expected adverse party.
202.4 Order.
(a) Required findings. The court must order a deposition to be taken if, but only if, it finds that:
(1) allowing the petitioner to take the requested deposition may prevent a failure or
delay of justice in an anticipated suit; or
(2) the likely benefit of allowing the petitioner to take the requested deposition to
investigate a potential claim outweighs the burden or expense of the procedure.
(b) Contents. The order must state whether a deposition will be taken on oral examination or
written questions. The order may also state the time and place at which a deposition will be
taken. If the order does not state the time and place at which a deposition will be taken, the
petitioner must notice the deposition as required by Rules 199 or 200. The order must
contain any protections the court finds necessary or appropriate to protect the witness or any
person who may be affected by the procedure.
202.5 Manner of Taking and Use.
Except as otherwise provided in this rule, depositions authorized by this rule are governed by the
rules applicable to depositions of non-parties in a pending suit. The scope of discovery in
depositions authorized by this rule is the same as if the anticipated suit or potential claim had been
filed. A court may restrict or prohibit the use of a deposition taken under this rule in a subsequent
suit to protect a person who was not served with notice of the deposition from any unfair prejudice
or to prevent abuse of this rule.
[RULE 203. Repealed effective January 1, 1999; see, Rules 176.8 and 215]
RULE 203. SIGNING, CERTIFICATION AND USE OF ORAL
AND WRITTEN DEPOSITIONS
203.1 Signature and Changes.
(a) Deposition transcript to be provided to witness. The deposition officer must provide the
original deposition transcript to the witness for examination and signature. If the witness is
represented by an attorney at the deposition, the deposition officer must provide the
transcript to the attorney instead of the witness.
(b) Changes by witness; signature. The witness may change responses as reflected in the
deposition transcript by indicating the desired changes, in writing, on a separate sheet of
paper, together with a statement of the reasons for making the changes. No erasures or
obliterations of any kind may be made to the original deposition transcript. The witness must
then sign the transcript under oath and return it to the deposition officer. If the witness does
not return the transcript to the deposition officer within 20 days of the date the transcript was
provided to the witness or the witness’s attorney, the witness may be deemed to have waived
the right to make the changes.
(c) Exceptions. The requirements of presentation and signature under this subdivision do not
apply:
(1) if the witness and all parties waive the signature requirement;
(2) to depositions on written questions; or
(3) to non-stenographic recordings of oral depositions.
203.2 Certification.
The deposition officer must file with the court, serve on all parties, and attach as part of the
deposition transcript or non-stenographic recording of an oral deposition a certificate duly sworn
by the officer stating:
(a) that the witness was duly sworn by the officer and that the transcript or nonstenographic
recording of the oral deposition is a true record of the testimony given
by the witness;
(b) that the deposition transcript, if any, was submitted to the witness or to the attorney
for the witness for examination and signature, the date on which the transcript was
submitted, whether the witness returned the transcript, and if so, the date on which
it was returned.
(c) that changes, if any, made by the witness are attached to the deposition transcript;
(d) that the deposition officer delivered the deposition transcript or nonstenographic
recording of an oral deposition in accordance with Rule 203.3;
(e) the amount of time used by each party at the deposition;
(f) the amount of the deposition officer’s charges for preparing the original deposition
transcript, which the clerk of the court must tax as costs; and
(g) that a copy of the certificate was served on all parties and the date of service.
203.3 Delivery.
(a) Endorsement; to whom delivered. The deposition officer must endorse the title of the
action and “Deposition of (name of witness)” on the original deposition transcript (or a copy,
if the original was not returned) or the original nonstenographic recording of an oral
deposition, and must return:
(1) the transcript to the party who asked the first question appearing in the transcript, or
(2) the recording to the party who requested it.
(b) Notice. The deposition officer must serve notice of delivery on all other parties.
(c) Inspection and copying; copies. The party receiving the original deposition transcript or
non-stenographic recording must make it available upon reasonable request for inspection
and copying by any other party. Any party or the witness is entitled to obtain a copy of the
deposition transcript or non-stenographic recording from the deposition officer upon
payment of a reasonable fee.
203.4 Exhibits.
At the request of a party, the original documents and things produced for inspection during the
examination of the witness must be marked for identification by the deposition officer and annexed
to the deposition transcript or non-stenographic recording. The person producing the materials may
produce copies instead of originals if the party gives all other parties fair opportunity at the
deposition to compare the copies with the originals. If the person offers originals rather than copies,
the deposition officer must, after the conclusion of the deposition, make copies to be attached to the
original deposition transcript or non-stenographic recording, and then return the originals to the
person who produced them. The person who produced the originals must preserve them for hearing
or trial and make them available for inspection or copying by any other party upon seven days’
notice. Copies annexed to the original deposition transcript or non-stenographic recording may be
used for all purposes.
203.5 Motion to Suppress.
A party may object to any errors and irregularities in the manner in which the testimony is
transcribed, signed, delivered, or otherwise dealt with by the deposition officer by filing a motion
to suppress all or part of the deposition. If the deposition officer complies with Rule 203.3 at least
one day before the case is called to trial, with regard to a deposition transcript, or 30 days before the
case is called to trial, with regard to a non-stenographic recording, the party must file and serve a
motion to suppress before trial commences to preserve the objections.
203.6 Use.
(a) Non-stenographic recording; transcription. A non-stenographic recording of an oral
deposition, or a written transcription of all or part of such a recording, may be used to the
same extent as a deposition taken by stenographic means. However, the court, for good cause
shown, may require that the party seeking to use a non-stenographic recording or written
transcription first obtain a complete transcript of the deposition recording from a certified
court reporter. The court reporter’s transcription must be made from the original or a certified
copy of the deposition recording. The court reporter must, to the extent applicable, comply
with the provisions of this rule, except that the court reporter must deliver the original
transcript to the attorney requesting the transcript, and the court reporter’s certificate must
include a statement that the transcript is a true record of the non-stenographic recording. The
party to whom the court reporter delivers the original transcript must make the transcript
available, upon reasonable request, for inspection and copying by the witness or any party.
(b) Same proceeding. All or part of a deposition may be used for any purpose in the same
proceeding in which it was taken. If the original is not filed, a certified copy may be used.
“Same proceeding” includes a proceeding in a different court but involving the same subject
matter and the same parties or their representatives or successors in interest. A deposition
is admissible against a party joined after the deposition was taken if:
(1) the deposition is admissible pursuant to Rule 804(b)(1) of the Rules of Evidence, or
(2) that party has had a reasonable opportunity to redepose the witness and has failed to
do so.
(c) Different proceeding. Depositions taken in different proceedings may be used as permitted
by the Rules of Evidence.
[RULE 204. Repealed effective January 1, 1999; see, Rule 199.5]
RULE 204. PHYSICAL AND MENTAL EXAMINATION
204.1 Motion and Order Required.
(a) Motion. A party may – no later than 30 days before the end of any applicable discovery
period – move for an order compelling another party to:
(1) submit to a physical or mental examination by a qualified physician or a mental
examination by a qualified psychologist; or
(2) produce for such examination a person in the other party’s custody, conservatorship
or legal control.
(b) Service. The motion and notice of hearing must be served on the person to be examined and
all parties.
(c) Requirements for obtaining order. The court may issue an order for examination only for
good cause shown and only in the following circumstances:
(1) when the mental or physical condition (including the blood group) of a party, or of
a person in the custody, conservatorship or under the legal control of a party, is in
controversy; or
(2) except as provided in Rule 204.4, an examination by a psychologist may be ordered
when the party responding to the motion has designated a psychologist as a testifying
expert or has disclosed a psychologist’s records for possible use at trial.
(d) Requirements of order. The order must be in writing and must specify the time, place,
manner, conditions, and scope of the examination and the person or persons by whom it is
to be made.
204.2 Report of Examining Physician or Psychologist.
(a) Right to report. Upon request of the person ordered to be examined, the party causing the
examination to be made must deliver to the person a copy of a detailed written report of the
examining physician or psychologist setting out the findings, including results of all tests
made, diagnoses and conclusions, together with like reports of all earlier examinations of the
same condition. After delivery of the report, upon request of the party causing the
examination, the party against whom the order is made must produce a like report of any
examination made before or after the ordered examination of the same condition, unless the
person examined is not a party and the party shows that the party is unable to obtain it. The
court on motion may limit delivery of a report on such terms as are just. If a physician or
psychologist fails or refuses to make a report the court may exclude the testimony if offered
at the trial.
(b) Agreements; relationship to other rules. This subdivision applies to examinations made
by agreement of the parties, unless the agreement expressly provides otherwise. This
subdivision does not preclude discovery of a report of an examining physician or
psychologist or the taking of a deposition of the physician or psychologist in accordance
with the provisions of any other rule.
204.3 Effect of No Examination.
If no examination is sought either by agreement or under this subdivision, the party whose physical
or mental condition is in controversy must not comment to the court or jury concerning the party’s
willingness to submit to an examination, or on the right or failure of any other party to seek an
examination.
204.4 Cases Arising Under Titles II or V, Family Code.
In cases arising under Family Code Titles II or V, the court may – on its own initiative or on motion
of a party – appoint:
(a) one or more psychologists or psychiatrists to make any and all appropriate mental
examinations of the children who are the subject of the suit or of any other parties,
and may make such appointment irrespective of whether a psychologist or
psychiatrist has been designated by any party as a testifying expert;
(b) one or more experts who are qualified in paternity testing to take blood, body fluid,
or tissue samples to conduct paternity tests as ordered by the court.
204.5 Definitions.
For the purpose of this rule, a psychologist is a person licensed or certified by a state or the District
of Columbia as a psychologist.
[RULE 205. Repealed effective January 1, 1999; see, Rule 203.1 et seq.]
RULE 205. DISCOVERY FROM NON-PARTIES
205.1 Forms of Discovery; Subpoena Requirement.
A party may compel discovery from a nonparty–that is, a person who is not a party or subject to a
party’s control–only by obtaining a court order under Rules 196.7, 202, or 204, or by serving a
subpoena compelling:
(a) an oral deposition;
(b) a deposition on written questions;
(c) a request for production of documents or tangible things, pursuant to Rule
199.2(b)(5) or Rule 200.1(b), served with a notice of deposition on oral examination
or written questions; and
(d) a request for production of documents and tangible things under this rule.
205.2 Notice.
A party seeking discovery by subpoena from a nonparty must serve, on the nonparty and all parties,
a copy of the form of notice required under the rules governing the applicable form of discovery.
A notice of oral or written deposition must be served before or at the same time that a subpoena
compelling attendance or production under the notice is served. A notice to produce documents or
tangible things under Rule 205.3 must be served at least 10 days before the subpoena compelling
production is served.
205.3 Production of Documents and Tangible Things Without Deposition.
(a) Notice; subpoena. A party may compel production of documents and tangible things from
a nonparty by serving – reasonable time before the response is due but no later than 30 days
before the end of any applicable discovery period – the notice required in Rule 205.2 and a
subpoena compelling production or inspection of documents or tangible things.
(b) Contents of notice. The notice must state:
(1) the name of the person from whom production or inspection is sought to be
compelled;
(2) a reasonable time and place for the production or inspection; and
(3) the items to be produced or inspected, either by individual item or by category,
describing each item and category with reasonable particularity, and, if applicable,
describing the desired testing and sampling with sufficient specificity to inform the
nonparty of the means, manner, and procedure for testing or sampling.
(c) Requests for production of medical or mental health records of other non-parties. If
a party requests a nonparty to produce medical or mental health records of another nonparty,
the requesting party must serve the nonparty whose records are sought with the notice
required under this rule. This requirement does not apply under the circumstances set forth
in Rule 196.1(c)(2).
(d) Response. The nonparty must respond to the notice and subpoena in accordance with Rule
176.6.
(e) Custody, inspection and copying. The party obtaining the production must make all
materials produced available for inspection by any other party on reasonable notice, and
must furnish copies to any party who requests at that party’s expense.
(f) Cost of production. A party requiring production of documents by a nonparty must
reimburse the nonparty’s reasonable costs of production.
[RULE 206 to 208. Repealed effective January 1, 1999]
[RULE 208a. Repealed effective April 1, 1984]
[RULE 209. Repealed effective January 1, 1999]
[RULES 210 to 214. Repealed effective April 1, 1984]
RULE 215. ABUSE OF DISCOVERY; SANCTIONS
215.1 Motion for Sanctions or Order Compelling Discovery.
A party, upon reasonable notice to other parties and all other persons affected thereby, may apply
for sanctions or an order compelling discovery as follows:
(a) Appropriate court. On matters relating to a deposition, an application for an order
to a party may be made to the court in which the action is pending, or to any district
court in the district where the deposition is being taken. An application for an order
to a deponent who is not a party shall be made to the court in the district where the
deposition is being taken. As to all other discovery matters, an application for an
order will be made to the court in which the action is pending.
(b) Motion.
(1) If a party or other deponent which is a corporation or other entity fails to
make a designation under Rules 199.2(b)(1) or 200.1(b); or
(2) if a party, or other deponent, or a person designated to testify on behalf of a
party or other deponent fails:
(A) to appear before the officer who is to take his deposition, after being
served with a proper notice; or
(B) to answer a question propounded or submitted upon oral examination
or upon written questions; or
(3) if a party fails:
(A) to serve answers or objections to interrogatories submitted under
Rule 197, after proper service of the interrogatories; or
(B) to answer an interrogatory submitted under Rule 197; or
(C) to serve a written response to a request for inspection submitted
under Rule 196, after proper service of the request; or
(D) to respond that discovery will be permitted as requested or fails to
permit discovery as requested in response to a request for inspection
submitted under Rule 196; the discovering party may move for an
order compelling a designation, an appearance, an answer or answers,
or inspection or production in accordance with the request, or apply
to the court in which the action is pending for the imposition of any
sanction authorized by Rule 215.2(b) without the necessity of first
having obtained a court order compelling such discovery.
When taking a deposition on oral examination, the proponent of the question may
complete or adjourn the examination before he applies for an order.
If the court denies the motion in whole or in part, it may make such protective order
as it would have been empowered to make on a motion pursuant to Rule 192.6.
(c) Evasive or incomplete answer. For purposes of this subdivision an evasive or
incomplete answer is to be treated as a failure to answer.
(d) Disposition of motion to compel: award of expenses. If the motion is granted, the
court shall, after opportunity for hearing, require a party or deponent whose conduct
necessitated the motion or the party or attorney advising such conduct or both of
them to pay, at such time as ordered by the court, the moving party the reasonable
expenses incurred in obtaining the order, including attorney fees, unless the court
finds that the opposition to the motion was substantially justified or that other
circumstances make an award of expenses unjust. Such an order shall be subject to
review on appeal from the final judgment.
If the motion is denied, the court may, after opportunity for hearing, require the
moving party or attorney advising such motion to pay to the party or deponent who
opposed the motion the reasonable expenses incurred in opposing the motion,
including attorney fees, unless the court finds that the making of the motion was
substantially justified or that other circumstances make an award of expenses unjust.
If the motion is granted in part and denied in part, the court may apportion the
reasonable expenses incurred in relation to the motion among the parties and persons
in a just manner.
In determining the amount of reasonable expenses, including attorney fees, to be
awarded in connection with a motion, the trial court shall award expenses which are
reasonable in relation to the amount of work reasonably expended in obtaining an
order compelling compliance or in opposing a motion which is denied.
(e) Providing person’s own statement. If a party fails to comply with any person’s
written request for the person’s own statement as provided in Rule 192.3(h), the
person who made the request may move for an order compelling compliance. If the
motion is granted, the movant may recover the expenses incurred in obtaining the
order, including attorney fees, which are reasonable in relation to the amount of work
reasonably expended in obtaining the order.
215.2 Failure to Comply with Order or with Discovery Request.
(a) Sanctions by court in district where deposition is taken. If a deponent fails to appear or
to be sworn or to answer a question after being directed to do so by a district court in the
district in which the deposition is being taken, the failure may be considered a contempt of
that court.
(b) Sanctions by court in which action is pending. If a party or an officer, director, or
managing agent of a party or a person designated under Rules 199.2(b)(1) or 200.1(b) to
testify on behalf of a party fails to comply with proper discovery requests or to obey an order
to provide or permit discovery, including an order made under Rules 204 or 215.1, the court
in which the action is pending may, after notice and hearing, make such orders in regard to
the failure as are just, and among others the following:
(1) an order disallowing any further discovery of any kind or of a particular kind by the
disobedient party;
(2) an order charging all or any portion of the expenses of discovery or taxable court
costs or both against the disobedient party or the attorney advising him;
(3) an order that the matters regarding which the order was made or any other designated
facts shall be taken to be established for the purposes of the action in accordance
with the claim of the party obtaining the order;
(4) an order refusing to allow the disobedient party to support or oppose designated
claims or defenses, or prohibiting him from introducing designated matters in
evidence;
(5) an order striking out pleadings or parts thereof, or staying further proceedings until
the order is obeyed, or dismissing with or without prejudice the action or proceedings
or any part thereof, or rendering a judgment by default against the disobedient party;
(6) in lieu of any of the foregoing orders or in addition thereto, an order treating as a
contempt of court the failure to obey any orders except an order to submit to a
physical or mental examination;
(7) when a party has failed to comply with an order under Rule 204 requiring him to
appear or produce another for examination, such orders as are listed in paragraphs
(1), (2), (3), (4) or (5) of this subdivision, unless the person failing to comply shows
that he is unable to appear or to produce such person for examination.
(8) In lieu of any of the foregoing orders or in addition thereto, the court shall require
the party failing to obey the order or the attorney advising him, or both, to pay, at
such time as ordered by the court, the reasonable expenses, including attorney fees,
caused by the failure, unless the court finds that the failure was substantially justified
or that other circumstances make an award of expenses unjust. Such an order shall
be subject to review on appeal from the final judgment.
(c) Sanction against nonparty for violation of Rules 196.7 or 205.3. If a nonparty fails to
comply with an order under Rules 196.7 or 205.3, the court which made the order may treat
the failure to obey as contempt of court.
215.3 Abuse of Discovery Process in Seeking, Making, or Resisting Discovery.
If the court finds a party is abusing the discovery process in seeking, making or resisting discovery
or if the court finds that any interrogatory or request for inspection or production is unreasonably
frivolous, oppressive, or harassing, or that a response or answer is unreasonably frivolous or made
for purposes of delay, then the court in which the action is pending may, after notice and hearing,
impose any appropriate sanction authorized by paragraphs (1), (2), (3), (4), (5), and (8) of Rule
215.2(b). Such order of sanction shall be subject to review on appeal from the final judgment.
215.4 Failure to Comply with Rule 198
(a) Motion. A party who has requested an admission under Rule 198 may move to determine
the sufficiency of the answer or objection. For purposes of this subdivision an evasive or
incomplete answer may be treated as a failure to answer. Unless the court determines that
an objection is justified, it shall order that an answer be served. If the court determines that
an answer does not comply with the requirements of Rule 198, it may order either that the
matter is admitted or that an amended answer be served. The provisions of Rule 215.1(d)
apply to the award of expenses incurred in relation to the motion.
(b) Expenses on failure to admit. If a party fails to admit the genuineness of any document or
the truth of any matter as requested under Rule 198 and if the party requesting the
admissions thereafter proves the genuineness of the document or the truth of the matter, he
may apply to the court for an order requiring the other party to pay him the reasonable
expenses incurred in making that proof, including reasonable attorney fees. The court shall
make the order unless it finds that (1) the request was held objectionable pursuant to Rule
193, or (2) the admission sought was of no substantial importance, or (3) the party failing
to admit had a reasonable ground to believe that he might prevail on the matter, or (4) there
was other good reason for the failure to admit.
215.5 Failure of Party or Witness to Attend to or Serve Subpoena; Expenses.
(a) Failure of party giving notice to attend. If the party giving the notice of the taking of an
oral deposition fails to attend and proceed therewith and another party attends in person or
by attorney pursuant to the notice, the court may order the party giving the notice to pay such
other party the reasonable expenses incurred by him and his attorney in attending, including
reasonable attorney fees.
(b) Failure of witness to attend. If a party gives notice of the taking of an oral deposition of
a witness and the witness does not attend because of the fault of the party giving the notice,
if another party attends in person or by attorney because he expects the deposition of that
witness to be taken, the court may order the party giving the notice to pay such other party
the reasonable expenses incurred by him and his attorney in attending, including reasonable
attorney fees.
215.6 Exhibits to Motions and Responses.
Motions or responses made under this rule may have exhibits attached including affidavits,
discovery pleadings, or any other documents.
SECTION 10. – THE JURY IN COURT
RULE 216. REQUEST AND FEE FOR JURY TRIAL
a. Request. No jury trial shall be had in any civil suit, unless a written request for a jury trial
is filed with the clerk of the court a reasonable time before the date set for trial of the cause
on the non-jury docket, but not less than thirty days in advance.
b. Jury Fee. Unless otherwise provided by law, a fee of ten dollars if in the district court and
five dollars if in the county court must be deposited with the clerk of the court within the
time for making a written request for a jury trial. The clerk shall promptly enter a notation
of the payment of such fee upon the court’s docket sheet.
RULE 217. OATH OF INABILITY
The deposit for a jury fee shall not be required when the party shall within the time for making such
deposit, file with the clerk his affidavit to the effect that he is unable to make such deposit, and that
he can not, by the pledge of property or otherwise, obtain the money necessary for that purpose; and
the court shall then order the clerk to enter the suit on the jury docket.
RULE 218. JURY DOCKET
The clerks of the district and county courts shall each keep a docket, styled “The Jury Docket,” in
which shall be entered in their order the cases in which jury fees have been paid or affidavit in lieu
thereof has been filed as provided in the two preceding rules.
RULE 219. JURY TRIAL DAY
The court shall designate the days for taking up the jury docket and the trial of jury cases. Such order
may be revoked or changed in the court’s discretion.
RULE 220. WITHDRAWING CAUSE FROM JURY DOCKET
When any party has paid the fee for a jury trial, he shall not be permitted to withdraw the cause from
the jury docket over the objection of the parties adversely interested. If so permitted, the court in its
discretion may by an order permit him to withdraw also his jury fee deposit. Failure of a party to
appear for trial shall be deemed a waiver by him of the right to trial by jury.
RULE 221. CHALLENGE TO THE ARRAY
When the jurors summoned have not been selected by jury commissioners or by drawing the names
from a jury wheel, any party to a suit which is to be tried by a jury may, before the jury is drawn
challenge the array upon the ground that the officer summoning the jury has acted corruptly, and has
wilfully summoned jurors known to be prejudiced against the party challenging or biased in favor
of the adverse party. All such challenges must be in writing setting forth distinctly the grounds of
such challenge and supported by the affidavit of the party or some other credible person. When such
challenge is made, the court shall hear evidence and decide without delay whether or not the
challenge shall be sustained.
RULE 222. WHEN CHALLENGE IS SUSTAINED
If the challenge be sustained, the array of jurors summoned shall be discharged, and the court shall
order other jurors summoned in their stead, and shall direct that the officer who summoned the
persons so discharged, and on account of whose misconduct the challenge has been sustained, shall
not summon any other jurors in the case.
RULE 223. JURY LIST IN CERTAIN COUNTIES
In counties governed as to juries by the laws providing for interchangeable juries, the names of the
jurors shall be placed upon the general panel in the order in which they are randomly selected, and
jurors shall be assigned for service from the top thereof, in the order in which they shall be needed,
and jurors returned to the general panel after service in any of such courts shall be enrolled at the
bottom of the list in the order of their respective return; provided, however, after such assignment
to a particular court, the trial judge of such court, upon the demand prior to voir dire examination
by any party or attorney in the case reached for trial in such court, shall cause the names of all
members of such assigned jury panel in such case to be placed in a receptacle, shuffled, and drawn,
and such names shall be transcribed in the order drawn on the jury list from which the jury is to be
selected to try such case. There shall be only one shuffle and drawing by the trial judge in each case.
RULE 224. PREPARING JURY LIST
In counties not governed as to juries by the laws providing for interchangeable juries, when the
parties have announced ready for trial the clerk shall write the name of each regular juror entered
of record for that week on separate slips of paper, as near the same size and appearance as may be,
and shall place the slips in a box and mix them well. The clerk shall draw from the box, in the
presence of the court, the names of twenty-four jurors, if in the district court, or so many as there
may be, if there be a less number in the box; and the names of twelve jurors if in the county court,
or so many as there may be, and write the names as drawn upon two slips of paper and deliver one
slip to each party to the suit or his attorney.
RULE 225. SUMMONING TALESMAN
When there are not as many as twenty-four names drawn from the box, if in the district court, or as
many as twelve, if in the county court, the court shall direct the sheriff to summon such number of
qualified persons as the court deems necessary to complete the panel. The names of those thus
summoned shall be placed in the box and drawn and entered upon the slips as provided in the
preceding rules.
RULE 226. OATH TO JURY PANEL
Before the parties or their attorneys begin the examination of the jurors whose names have thus been
listed, the jurors shall be sworn by the court or under its direction, as follows: “You, and each of
you, do solemnly swear that you will true answers give to all questions propounded to you
concerning your qualifications as a juror, so help you God.”
RULE 226a. INSTRUCTIONS TO JURY PANEL AND JURY
The court must give instructions to the jury panel and the jury as prescribed by order of the Supreme
Court under this rule.
Approved Instructions
I.
That the following oral instructions, with such modifications as the circumstances of the
particular case may require, shall be given by the court to the members of the jury panel after they
have been sworn in as provided in Rule 226 and before the voir dire examination:
Members of the Jury Panel [or Ladies and Gentlemen of the Jury Panel]:
Thank you for being here. We are here to select a jury. Twelve [six] of you will be chosen
for the jury. Even if you are not chosen for the jury, you are performing a valuable service that is
your right and duty as a citizen of a free country.
Before we begin: Turn off all phones and other electronic devices. While you are in the
courtroom, do not communicate with anyone through any electronic device. [For example, do not
communicate by phone, text message, email message, chat room, blog, or social networking
websites such as Facebook, Twitter, or Myspace.] [I will give you a number where others may
contact you in case of an emergency.] Do not record or photograph any part of these court
proceedings, because it is prohibited by law.
If you are chosen for the jury, your role as jurors will be to decide the disputed facts in this
case. My role will be to ensure that this case is tried in accordance with the rules of law.
Here is some background about this case. This is a civil case. It is a lawsuit that is not a
criminal case. The parties are as follows: The plaintiff is __________, and the defendant is
__________. Representing the plaintiff is __________, and representing the defendant is
__________. They will ask you some questions during jury selection. But before their questions
begin, I must give you some instructions for jury selection.
Every juror must obey these instructions. You may be called into court to testify about any
violations of these instructions. If you do not follow these instructions, you will be guilty of juror
misconduct, and I might have to order a new trial and start this process over again. This would
waste your time and the parties’ money, and would require the taxpayers of this county to pay for
another trial.
These are the instructions.
1. To avoid looking like you are friendly with one side of the case, do not mingle or talk
with the lawyers, witnesses, parties, or anyone else involved in the case. You may exchange casual
greetings like “hello” and “good morning.” Other than that, do not talk with them at all. They have
to follow these instructions too, so you should not be offended when they follow the instructions.
2. Do not accept any favors from the lawyers, witnesses, parties, or anyone else involved
in the case, and do not do any favors for them. This includes favors such as giving rides and food.
3. Do not discuss this case with anyone, even your spouse or a friend, either in person or by
any other means [including by phone, text message, email message, chat room, blog, or social
networking websites such as Facebook, Twitter, or Myspace]. Do not allow anyone to discuss the
case with you or in your hearing. If anyone tries to discuss the case with you or in your hearing, tell
me immediately. We do not want you to be influenced by something other than the evidence
admitted in court.
4. The parties, through their attorneys, have the right to ask you questions about your
background, experiences, and attitudes. They are not trying to meddle in your affairs. They are just
being thorough and trying to choose fair jurors who do not have any bias or prejudice in this
particular case.
5. Remember that you took an oath that you will tell the truth, so be truthful when the
lawyers ask you questions, and always give complete answers. If you do not answer a question that
applies to you, that violates your oath. Sometimes a lawyer will ask a question of the whole panel
instead of just one person. If the question applies to you, raise your hand and keep it raised until you
are called on.
Do you understand these instructions? If you do not, please tell me now.
The lawyers will now begin to ask their questions.
II.
That the following oral and written instructions, with such modifications as the
circumstances of the particular case may require, shall be given by the court to the jury immediately
after the jurors are selected for the case:
Members of the Jury [or Ladies and Gentlemen]:
You have been chosen to serve on this jury. Because of the oath you have taken and your
selection for the jury, you become officials of this court and active participants in our justice system.
[Hand out the written instructions.]
You have each received a set of written instructions. I am going to read them with you now.
Some of them you have heard before and some are new.
1. Turn off all phones and other electronic devices. While you are in the courtroom and
while you are deliberating, do not communicate with anyone through any electronic device. [For
example, do not communicate by phone, text message, email message, chat room, blog, or social
networking websites such as Facebook, Twitter, or Myspace.] [I will give you a number where
others may contact you in case of an emergency.] Do not post information about the case on the
Internet before these court proceedings end and you are released from jury duty. Do not record or
photograph any part of these court proceedings, because it is prohibited by law.
2. To avoid looking like you are friendly with one side of the case, do not mingle or talk
with the lawyers, witnesses, parties, or anyone else involved in the case. You may exchange casual
greetings like “hello” and “good morning.” Other than that, do not talk with them at all. They have
to follow these instructions too, so you should not be offended when they follow the instructions.
3. Do not accept any favors from the lawyers, witnesses, parties, or anyone else involved
in the case, and do not do any favors for them. This includes favors such as giving rides and food.
4. Do not discuss this case with anyone, even your spouse or a friend, either in person or by
any other means [including by phone, text message, email message, chat room, blog, or social
networking websites such as Facebook, Twitter, or Myspace]. Do not allow anyone to discuss the
case with you or in your hearing. If anyone tries to discuss the case with you or in your hearing, tell
me immediately. We do not want you to be influenced by something other than the evidence
admitted in court.
5. Do not discuss this case with anyone during the trial, not even with the other jurors, until
the end of the trial. You should not discuss the case with your fellow jurors until the end of the trial
so that you do not form opinions about the case before you have heard everything.
After you have heard all the evidence, received all of my instructions, and heard all of the
lawyers’ arguments, you will then go to the jury room to discuss the case with the other jurors and
reach a verdict.
6. Do not investigate this case on your own. For example, do not:
a. try to get information about the case, lawyers, witnesses, or issues from outside this
courtroom;
b. go to places mentioned in the case to inspect the places;
c. inspect items mentioned in this case unless they are presented as evidence in court;
d. look anything up in a law book, dictionary, or public record to try to learn more
about the case;
e. look anything up on the Internet to try to learn more about the case; or
f. let anyone else do any of these things for you.
This rule is very important because we want a trial based only on evidence admitted in open
court. Your conclusions about this case must be based only on what you see and hear in this
courtroom because the law does not permit you to base your conclusions on information that has not
been presented to you in open court. All the information must be presented in open court so the
parties and their lawyers can test it and object to it. Information from other sources, like the
Internet, will not go through this important process in the courtroom. In addition, information from
other sources could be completely unreliable. As a result, if you investigate this case on your own,
you could compromise the fairness to all parties in this case and jeopardize the results of this trial.
7. Do not tell other jurors about your own experiences or other people’s experiences. For
example, you may have special knowledge of something in the case, such as business, technical, or
professional information. You may even have expert knowledge or opinions, or you may know what
happened in this case or another similar case. Do not tell the other jurors about it. Telling other
jurors about it is wrong because it means the jury will be considering things that were not admitted
in court.
8. Do not consider attorneys’ fees unless I tell you to. Do not guess about attorneys’ fees.
9. Do not consider or guess whether any party is covered by insurance unless I tell you to.
10. During the trial, if taking notes will help focus your attention on the evidence, you may
take notes using the materials the court has provided. Do not use any personal electronic devices
to take notes. If taking notes will distract your attention from the evidence, you should not take
notes. Your notes are for your own personal use. They are not evidence. Do not show or read your
notes to anyone, including other jurors.
You must leave your notes in the jury room or with the bailiff. The bailiff is instructed not
to read your notes and to give your notes to me promptly after collecting them from you. I will
make sure your notes are kept in a safe, secure location and not disclosed to anyone.
[You may take your notes back into the jury room and consult them during deliberations.
But keep in mind that your notes are not evidence. When you deliberate, each of you should rely
on your independent recollection of the evidence and not be influenced by the fact that another juror
has or has not taken notes. After you complete your deliberations, the bailiff will collect your
notes.]
When you are released from jury duty, the bailiff will promptly destroy your notes so that
nobody can read what you wrote.
11. I will decide matters of law in this case. It is your duty to listen to and consider the
evidence and to determine fact issues that I may submit to you at the end of the trial. After you have
heard all the evidence, I will give you instructions to follow as you make your decision. The
instructions also will have questions for you to answer. You will not be asked and you should not
consider which side will win. Instead, you will need to answer the specific questions I give you.
Every juror must obey my instructions. If you do not follow these instructions, you will be
guilty of juror misconduct, and I may have to order a new trial and start this process over again.
This would waste your time and the parties’ money, and would require the taxpayers of this county
to pay for another trial.
Do you understand these instructions? If you do not, please tell me now.
Please keep these instructions and review them as we go through this case. If anyone does
not follow these instructions, tell me.
III.
Court’s Charge
Before closing arguments begin, the court must give to each member of the jury a copy of
the charge, which must include the following written instructions, with such modifications as the
circumstances of the particular case may require:
Members of the Jury [or Ladies & Gentlemen of the Jury]:
After the closing arguments, you will go to the jury room to decide the case, answer the
questions that are attached, and reach a verdict. You may discuss the case with other jurors only
when you are all together in the jury room.
Remember my previous instructions: Do not discuss the case with anyone else, either in
person or by any other means. Do not do any independent investigation about the case or conduct
any research. Do not look up any words in dictionaries or on the Internet. Do not post information
about the case on the Internet. Do not share any special knowledge or experiences with the other
jurors. Do not use your phone or any other electronic device during your deliberations for any
reason. [I will give you a number where others may contact you in case of an emergency.]
[Any notes you have taken are for your own personal use. You may take your notes back
into the jury room and consult them during deliberations, but do not show or read your notes to your
fellow jurors during your deliberations. Your notes are not evidence. Each of you should rely on
your independent recollection of the evidence and not be influenced by the fact that another juror
has or has not taken notes.]
[You must leave your notes with the bailiff when you are not deliberating. The bailiff will
give your notes to me promptly after collecting them from you. I will make sure your notes are kept
in a safe, secure location and not disclosed to anyone. After you complete your deliberations, the
bailiff will collect your notes. When you are released from jury duty, the bailiff will promptly
destroy your notes so that nobody can read what you wrote.]
Here are the instructions for answering the questions.
1. Do not let bias, prejudice, or sympathy play any part in your decision.
2. Base your answers only on the evidence admitted in court and on the law that is in these
instructions and questions. Do not consider or discuss any evidence that was not admitted in the
courtroom.
3. You are to make up your own minds about the facts. You are the sole judges of the
credibility of the witnesses and the weight to give their testimony. But on matters of law, you must
follow all of my instructions.
4. If my instructions use a word in a way that is different from its ordinary meaning, use the
meaning I give you, which will be a proper legal definition.
5. All the questions and answers are important. No one should say that any question or
answer is not important.
6. Answer “yes” or “no” to all questions unless you are told otherwise. A “yes” answer
must be based on a preponderance of the evidence [unless you are told otherwise]. Whenever a
question requires an answer other than “yes” or “no,” your answer must be based on a
preponderance of the evidence [unless you are told otherwise].
The term “preponderance of the evidence” means the greater weight of credible evidence
presented in this case. If you do not find that a preponderance of the evidence supports a “yes”
answer, then answer “no.” A preponderance of the evidence is not measured by the number of
witnesses or by the number of documents admitted in evidence. For a fact to be proved by a
preponderance of the evidence, you must find that the fact is more likely true than not true.
7. Do not decide who you think should win before you answer the questions and then just
answer the questions to match your decision. Answer each question carefully without considering
who will win. Do not discuss or consider the effect your answers will have.
8. Do not answer questions by drawing straws or by any method of chance.
9. Some questions might ask you for a dollar amount. Do not agree in advance to decide
on a dollar amount by adding up each juror’s amount and then figuring the average.
10. Do not trade your answers. For example, do not say, “I will answer this question your
way if you answer another question my way.”
11. [Unless otherwise instructed] The answers to the questions must be based on the
decision of at least 10 of the 12 [5 of the 6] jurors. The same 10 [5] jurors must agree on every
answer. Do not agree to be bound by a vote of anything less than 10 [5] jurors, even if it would be
a majority.
As I have said before, if you do not follow these instructions, you will be guilty of juror
misconduct, and I might have to order a new trial and start this process over again. This would
waste your time and the parties’ money, and would require the taxpayers of this county to pay for
another trial. If a juror breaks any of these rules, tell that person to stop and report it to me
immediately.
[Definitions, questions, and special instructions given to the jury will be transcribed here. If
exemplary damages are sought against a defendant, the jury must unanimously find, with respect
to that defendant, (i) liability on at least one claim for actual damages that will support an award of
exemplary damages, (ii) any additional conduct, such as malice or gross negligence, required for an
award of exemplary damages, and (iii) the amount of exemplary damages to be awarded. The jury’s
answers to questions regarding (ii) and (iii) must be conditioned on a unanimous finding regarding
(i), except in an extraordinary circumstance when the conditioning instruction would be erroneous.
The jury need not be unanimous in finding the amount of actual damages. Thus, if questions
regarding (ii) and (iii) are submitted to the jury for defendants D1 and D2, instructions in
substantially the following form must immediately precede such questions:
Preceding question (ii):
Answer Question (ii) for D1 only if you unanimously answered “Yes” to Question[s] (i) regarding
D1. Otherwise, do not answer Question (ii) for D1. [Repeat for D2.]
You are instructed that in order to answer “Yes” to [any part of] Question (ii), your answer must be
unanimous. You may answer “No” to [any part of] Question (ii) only upon a vote of 10 [5] or more
jurors. Otherwise, you must not answer [that part of] Question (ii).
Preceding question (iii):
Answer Question (iii) for D1 only if you answered “Yes” to Question (ii) for D1. Otherwise, do not
answer Question (iii) for D1. [Repeat for D2.]
You are instructed that you must unanimously agree on the amount of any award of exemplary
damages.
These examples are given by way of illustration.]
Presiding Juror:
1. When you go into the jury room to answer the questions, the first thing you will need to
do is choose a presiding juror.
2. The presiding juror has these duties:
a. have the complete charge read aloud if it will be helpful to your deliberations;
b. preside over your deliberations, meaning manage the discussions, and see that you
follow these instructions;
c. give written questions or comments to the bailiff who will give them to the judge;
d. write down the answers you agree on;
e. get the signatures for the verdict certificate; and
f. notify the bailiff that you have reached a verdict.
Do you understand the duties of the presiding juror? If you do not, please tell me now.
Instructions for Signing the Verdict Certificate:
1. [Unless otherwise instructed] You may answer the questions on a vote of 10 [5] jurors.
The same 10 [5] jurors must agree on every answer in the charge. This means you may not have one
group of 10 [5] jurors agree on one answer and a different group of 10 [5] jurors agree on another
answer.
2. If 10 [5] jurors agree on every answer, those 10 [5] jurors sign the verdict.
If 11 jurors agree on every answer, those 11 jurors sign the verdict.
If all 12 [6] of you agree on every answer, you are unanimous and only the presiding juror
signs the verdict.
3. All jurors should deliberate on every question. You may end up with all 12 [6] of you
agreeing on some answers, while only 10 [5] or 11 of you agree on other answers. But when you
sign the verdict, only those 10 [5] who agree on every answer will sign the verdict.
4. [Added if the charge requires some unanimity] There are some special instructions before
Questions _______ explaining how to answer those questions. Please follow the instructions. If all
12 [6] of you answer those questions, you will need to complete a second verdict certificate for those
questions.
Do you understand these instructions? If you do not, please tell me now.
________________________
Judge Presiding
Verdict Certificate
Check one:
_____ Our verdict is unanimous. All 12 [6] of us have agreed to each and every answer. The
presiding juror has signed the certificate for all 12 [6] of us.
_________________________ _________________________
Signature of Presiding Juror Printed Name of Presiding Juror
_____ Our verdict is not unanimous. Eleven of us have agreed to each and every answer and have
signed the certificate below.
_____ Our verdict is not unanimous. Ten [Five] of us have agreed to each and every answer and
have signed the certificate below.
SIGNATURE NAME PRINTED
1. __________________________ __________________________
2. __________________________ __________________________
3. __________________________ __________________________
4. __________________________ __________________________
5. __________________________ __________________________
6. __________________________ __________________________
7. __________________________ __________________________
8. __________________________ __________________________
9. __________________________ __________________________
10. __________________________ __________________________
11. __________________________ __________________________
If you have answered Question No. ________ [the exemplary damages amount], then you
must sign this certificate also.
Additional Certificate
[Used when some questions require unanimous answers]
I certify that the jury was unanimous in answering the following questions. All 12 [6] of us
agreed to each of the answers. The presiding juror has signed the certificate for all 12 [6] of us.
[Judge to list questions that require a unanimous answer, including the predicate liability
question.]
_________________________ _________________________
Signature of Presiding Juror Printed Name of Presiding Juror
IV.
That the following oral instructions shall be given by the court to the jury after the verdict
has been accepted by the court and before the jurors are released from jury duty:
Thank you for your verdict.
I have told you that the only time you may discuss the case is with the other jurors in the jury
room. I now release you from jury duty. Now you may discuss the case with anyone. But you may
also choose not to discuss the case; that is your right.
After you are released from jury duty, the lawyers and others may ask you questions to see
if the jury followed the instructions, and they may ask you to give a sworn statement. You are free
to discuss the case with them and to give a sworn statement. But you may choose not to discuss the
case and not to give a sworn statement; that is your right.
RULE 227. CHALLENGE TO JUROR
A challenge to a particular juror is either a challenge for cause or a peremptory challenge. The court
shall decide without delay any such challenge, and if sustained, the juror shall be discharged from
the particular case. Either such challenge may be made orally on the formation of a jury to try the
case.
RULE 228. “CHALLENGE FOR CAUSE” DEFINED
A challenge for cause is an objection made to a juror, alleging some fact which by law disqualifies
him to serve as a juror in the case or in any case, or which in the opinion of the court, renders him
an unfit person to sit on the jury. Upon such challenge the examination is not confined to the
answers of the juror, but other evidence may be heard for or against the challenge.
RULE 229. CHALLENGE FOR CAUSE
When twenty-four or more jurors, if in the district court, or twelve or more, if in the county court,
are drawn, and the lists of their names delivered to the parties, if either party desires to challenge
any juror for cause, the challenge shall then be made. The name of a juror challenged and set aside
for cause shall be erased from such lists.
RULE 230. CERTAIN QUESTIONS NOT TO BE ASKED
In examining a juror, he shall not be asked a question the answer to which may show that he has
been convicted of an offense which disqualifies him, or that he stands charged by some legal
accusation with theft or any felony.
RULE 231. NUMBER REDUCED BY CHALLENGES
If the challenges reduce the number of jurors to less than twenty-four, if in the district court, or to
less than twelve, if in the county court, the court shall order other jurors to be drawn from the wheel
or from the central jury panel or summoned, as the practice may be in the particular county, and their
names written upon the list instead of those set aside for cause. Such jurors so summoned may
likewise be challenged for cause.
RULE 232. MAKING PEREMPTORY CHALLENGES
If there remain on such lists not subject to challenge for cause, twenty-four names, if in the district
court, or twelve names, if in the county court, the parties shall proceed to make their peremptory
challenges. A peremptory challenge is made to a juror without assigning any reason therefor.
RULE 233. NUMBER OF PEREMPTORY CHALLENGES
Except as provided below, each party to a civil action is entitled to six peremptory challenges in a
case tried in the district court, and to three in the county court.
Alignment of the Parties. In multiple party cases, it shall be the duty of the trial judge to
decide whether any of the litigants aligned on the same side of the docket are antagonistic
with respect to any issue to be submitted to the jury, before the exercise of peremptory
challenges.
Definition of Side. The term “side” as used in this rule is not synonymous with “party,”
“litigant,” or “person.” Rather, “side” means one or more litigants who have common
interests on the matters with which the jury is concerned.
Motion to Equalize. In multiple party cases, upon motion of any litigant made prior to the
exercise of peremptory challenges, it shall be the duty of the trial judge to equalize the
number of peremptory challenges so that no litigant or side is given unfair advantage as a
result of the alignment of the litigants and the award of peremptory challenges to each
litigant or side. In determining how the challenges should be allocated the court shall
consider any matter brought to the attention of the trial judge concerning the ends of justice
and the elimination of an unfair advantage.
RULE 234. LISTS RETURNED TO THE CLERK
When the parties have made or declined to make their peremptory challenges, they shall deliver their
lists to the clerk. The clerk shall, if the case be in the district court, call off the first twelve names
on the lists that have not been erased; and if the case be in the county court, he shall call off the first
six names on the lists that have not been erased; those whose names are called shall be the jury.
RULE 235. IF JURY IS INCOMPLETE
When by peremptory challenges the jury is left incomplete, the court shall direct other jurors to be
drawn or summoned to complete the jury; and such other jurors shall be impaneled as in the first
instance.
RULE 236. OATH TO JURY
The jury shall be sworn by the court or under its direction, in substance as follows: “You, and each
of you, do solemnly swear that in all cases between parties which shall be to you submitted, you will
a true verdict render, according to the law, as it may be given you in charge by the court, and to the
evidence submitted to you under the rulings of the court. So help you God.”
SECTION 11. TRIAL OF CAUSES
A. Appearance and Procedure
RULE 237. APPEARANCE DAY
If a defendant, who has been duly cited, is by the citation required to answer on a day which is in
term time, such day is appearance day as to him. If he is so required to answer on a day in vacation,
he shall plead or answer accordingly, and the first day of the next term is appearance day as to him.
RULE 237a. CASES REMANDED FROM FEDERAL COURT
When any cause is removed to the Federal Court and is afterwards remanded to the state court, the
plaintiff shall file a certified copy of the order of remand with the clerk of the state court and shall
forthwith give written notice of such filing to the attorneys of record for all adverse parties. All such
adverse parties shall have fifteen days from the receipt of such notice within which to file an answer.
No default judgment shall be rendered against a party in a removed action remanded from federal
court if that party filed an answer in federal court during removal.
RULE 238. CALL OF APPEARANCE DOCKET
On the appearance day of a particular defendant and at the hour named in the citation, or as soon
thereafter as may be practicable, the court or clerk in open court shall call, in their order, all the
cases on the docket in which such day is appearance day as to any defendant, or, the court or clerk
failing therein, any such case shall be so called on request of the plaintiff’s attorney.
RULE 239. JUDGMENT BY DEFAULT
Upon such call of the docket, or at any time after a defendant is required to answer, the plaintiff may
in term time take judgment by default against such defendant if he has not previously filed an
answer, and provided that the return of service shall have been on file with the clerk for the length
of time required by Rule 107.
RULE 239a. NOTICE OF DEFAULT JUDGMENT
At or immediately prior to the time an interlocutory or final default judgment is rendered, the party
taking the same or his attorney shall certify to the clerk in writing the last known mailing address
of the party against whom the judgment is taken, which certificate shall be filed among the papers
in the cause. Immediately upon the signing of the judgment, the clerk shall mail written notice
thereof to the party against whom the judgment was rendered at the address shown in the certificate,
and note the fact of such mailing on the docket. The notice shall state the number and style of the
case, the court in which the case is pending, the names of the parties in whose favor and against
whom the judgment was rendered, and the date of the signing of the judgment. Failure to comply
with the provisions of this rule shall not affect the finality of the judgment.
RULE 240. WHERE ONLY SOME ANSWER
Where there are several defendants, some of whom have answered or have not been duly served and
some of whom have been duly served and have made default, an interlocutory judgment by default
may be entered against those who have made default, and the cause may proceed or be postponed
as to the others.
RULE 241. ASSESSING DAMAGES ON LIQUIDATED DEMANDS
When a judgment by default is rendered against the defendant, or all of several defendants, if the
claim is liquidated and proved by an instrument in writing, the damages shall be assessed by the
court, or under its direction, and final judgment shall be rendered therefor, unless the defendant shall
demand and be entitled to a trial by jury.
[RULE 242. Repealed effective December 31, 1941]
RULE 243. UNLIQUIDATED DEMANDS
If the cause of action is unliquidated or be not proved by an instrument in writing, the court shall
hear evidence as to damages and shall render judgment therefor, unless the defendant shall demand
and be entitled to a trial by jury in which case the judgment by default shall be noted, a writ of
inquiry awarded, and the cause entered on the jury docket.
RULE 244. ON SERVICE BY PUBLICATION
Where service has been made by publication, and no answer has been filed nor appearance entered
within the prescribed time, the court shall appoint an attorney to defend the suit in behalf of the
defendant, and judgment shall be rendered as in other cases; but, in every such case a statement of
the evidence, approved and signed by the judge, shall be filed with the papers of the cause as a part
of the record thereof. The court shall allow such attorney a reasonable fee for his services, to be
taxed as part of the costs.
RULE 245. ASSIGNMENT OF CASES FOR TRIAL
The court may set contested cases on written request of any party, or on the court’s own motion, with
reasonable notice of not less than forty-five days to the parties of a first setting for trial, or by
agreement of the parties; provided, however, that when a case previously has been set for trial, the
Court may reset said contested case to a later date on any reasonable notice to the parties or by
agreement of the parties. Non-contested cases may be tried or disposed of at any time whether set
or not, and may be set at any time for any other time.
A request for trial setting constitutes a representation that the requesting party reasonably and in
good faith expects to be ready for trial by the date requested, but no additional representation
concerning the completion of pretrial proceedings or of current readiness for trial shall be required
in order to obtain a trial setting in a contested case.
RULE 246. CLERK TO GIVE NOTICE OF SETTINGS
The clerk shall keep a record in his office of all cases set for trial, and it shall be his duty to inform
any non-resident attorney of the date of setting of any case upon request by mail from such attorney,
accompanied by a return envelope properly addressed and stamped. Failure of the clerk to furnish
such information on proper request shall be sufficient ground for continuance or for a new trial when
it appears to the court that such failure has prevented the attorney from preparing or presenting his
claim or defense.
RULE 247. TRIED WHEN SET
Every suit shall be tried when it is called, unless continued or postponed to a future day or placed
at the end of the docket to be called again for trial in its regular order. No cause which has been set
upon the trial docket of the court shall be taken from the trial docket for the date set except by
agreement of the parties or for good cause upon motion and notice to the opposing party.
RULE 248. JURY CASES
When a jury has been demanded, questions of law, motions, exceptions to pleadings, and other
unresolved pending matters shall, as far as practicable, be heard and determined by the court before
the trial commences, and jurors shall be summoned to appear on the day so designated.
RULE 249. CALL OF NON-JURY DOCKET
The non-jury docket shall be taken up at such times as not unnecessarily to interfere with the
dispatch of business on the jury docket.
[RULE 250. Repealed effective December 31, 1941]
SECTION 11. TRIAL OF CAUSES
B. Continuance and Change of Venue
RULE 251. CONTINUANCE
No application for a continuance shall be heard before the defendant files his defense, nor shall any
continuance be granted except for sufficient cause supported by affidavit, or by consent of the
parties, or by operation of law.
RULE 252. APPLICATION FOR CONTINUANCE
If the ground of such application be the want of testimony, the party applying therefor shall make
affidavit that such testimony is material, showing the materiality thereof, and that he has used due
diligence to procure such testimony, stating such diligence, and the cause of failure, if known; that
such testimony cannot be procured from any other source; and, it if be for the absence of a witness,
he shall state the name and residence of the witness, and what he expects to prove by him; and also
state that the continuance is not sought for delay only, but that justice may be done; provided that,
on a first application for a continuance, it shall not be necessary to show that the absent testimony
cannot be procured from any other source.
The failure to obtain the deposition of any witness residing within 100 miles of the courthouse or
the county in which the suit is pending shall not be regarded as want of diligence when diligence has
been used to secure the personal attendance of such witness under the rules of law, unless by reason
of age, infirmity or sickness, or official duty, the witness will be unable to attend the court, or unless
such witness is about to leave, or has left, the State or county in which the suit is pending and will
not probably be present at the trial.
RULE 253. ABSENCE OF COUNSEL AS GROUND FOR CONTINUANCE
Except as provided elsewhere in these rules, absence of counsel will not be good cause for a
continuance or postponement of the cause when called for trial, except it be allowed in the discretion
of the court, upon cause shown or upon matters within the knowledge or information of the judge
to be stated on the record.
RULE 254. ATTENDANCE ON LEGISLATURE
In all civil actions, including matters of probate, and in all matters ancillary to such suits which
require action by or the attendance of an attorney, including appeals but excluding temporary
restraining orders, at any time within thirty days of a date when the legislature is to be in session,
or at any time the legislature is in session, or when the legislature sits as a Constitutional
Convention, it shall be mandatory that the court continue the cause if it shall appear to the court, by
affidavit, that any party applying for continuance, or any attorney for any party to the cause, is a
member of either branch of the legislature, and will be or is in actual attendance on a session of the
same. If the member of the legislature is an attorney for a party to the cause, his affidavit shall
contain a declaration that it is his intention to participate actively in the preparation and/or
presentation of the case. Where a party to any cause, or an attorney for any party to a cause, is a
member of the legislature, his affidavit need not be corroborated. On the filing of such affidavit, the
court shall continue the cause until thirty days after adjournment of the legislature and the affidavit
shall be proof of the necessity for the continuance, and the continuance shall be deemed one of right
and shall not be charged against the movant upon any subsequent application for continuance.
The right to a continuance shall be mandatory, except only where the attorney was employed within
ten days of the date the suit is set for trial, the right to continuance shall be discretionary.
RULE 255. CHANGE OF VENUE BY CONSENT
Upon the written consent of the parties filed with the papers of the cause, the court, by an order
entered on the minutes, may transfer the same for trial to the court of any other county having
jurisdiction of the subject matter of such suit.
[RULE 256. Repealed effective September 1, 1941]
RULE 257. GRANTED ON MOTION
A change of venue may be granted in civil causes upon motion of either party, supported by his own
affidavit and the affidavit of at least three credible persons, residents of the county in which the suit
is pending, for any following cause:
(a) That there exists in the county where the suit is pending so great a prejudice against him that
he cannot obtain a fair and impartial trial.
(b) That there is a combination against him instigated by influential persons, by reason of which
he cannot expect a fair and impartial trial.
(c) That an impartial trial cannot be had in the county where the action is pending.
(d) For other sufficient cause to be determined by the court.
RULE 258. SHALL BE GRANTED
Where such motion to transfer venue is duly made, it shall be granted, unless the credibility of those
making such application, or their means of knowledge or the truth of the facts set out in said
application are attacked by the affidavit of a credible person; when thus attacked, the issue thus
formed shall be tried by the judge; and the application either granted or refused. Reasonable
discovery in support of, or in opposition to, the application shall be permitted, and such discovery
as is relevant, including deposition testimony on file, may be attached to, or incorporated by
reference in, the affidavit of a party, a witness, or an attorney who has knowledge of such discovery.
RULE 259. TO WHAT COUNTY
If the motion under Rule 257 is granted, the cause shall be removed:
(a) If from a district court, to any county of proper venue in the same or an adjoining district;
(b) If from a county court, to any adjoining county of proper venue;
(c) If (a) or (b) are not applicable, to any county of proper venue;
(d) If a county of proper venue (other than the county of suit) cannot be found, then if from
(1) A district court, to any county in the same or an adjoining district or to any district
where an impartial trial can be had;
(2) A county court, to any adjoining county or to any district where an impartial trial can
be had; but the parties may agree that venue shall be changed to some other county,
and the order of the court shall conform to such agreement.
[RULE 260. Repealed effective September 1, 1990]
RULE 261. TRANSCRIPT ON CHANGE
When a change of venue has been granted, the clerk shall immediately make out a correct transcript
of all the orders made in said cause, certifying thereto officially under the seal of the court, and send
the same, with the original papers in the cause, to the clerk of the court to which the venue has been
changed.
SECTION 11. TRIAL OF CAUSES
C. The Trial
RULE 262. TRIAL BY THE COURT
The rules governing the trial of causes before a jury shall govern in trials by the court in so far as
applicable.
RULE 263. AGREED CASE
Parties may submit matters in controversy to the court upon an agreed statement of facts filed with
the clerk, upon which judgment shall be rendered as in other cases; and such agreed statement signed
and certified by the court to be correct and the judgment rendered thereon shall constitute the record
of the cause.
RULE 264. VIDEOTAPE TRIAL
By agreement of the parties, the trial court may allow that all testimony and such other evidence as
may be appropriate be presented at trial by videotape. The expenses of such videotape recordings
shall be taxed as costs. If any party withdraws agreement to a videotape trial, the videotape costs that
have accrued will be taxed against the party withdrawing from the agreement.
RULE 265. ORDER OF PROCEEDINGS ON TRIAL BY JURY
The trial of cases before a jury shall proceed in the following order unless the court should, for good
cause stated in the record, otherwise direct:
(a) The party upon whom rests the burden of proof on the whole case shall state to the jury
briefly the nature of his claim or defense and what said party expects to prove and the relief
sought. Immediately thereafter, the adverse party may make a similar statement, and
intervenors and other parties will be accorded similar rights in the order determined by the
court.
(b) The party upon whom rests the burden of proof on the whole case shall then introduce his
evidence.
(c) The adverse party shall briefly state the nature of his claim or defense and what said party
expects to prove and the relief sought unless he has already done so.
(d) He shall then introduce his evidence.
(e) The intervenor and other parties shall make their statement, unless they have already done
so, and shall introduce their evidence.
(f) The parties shall then be confined to rebutting testimony on each side.
(g) But one counsel on each side shall examine and cross-examine the same witness, except on
leave granted.
RULE 266. OPEN AND CLOSE – ADMISSION
Except as provided in Rule 269 the plaintiff shall have the right to open and conclude both in
adducing his evidence and in the argument, unless the burden of proof on the whole case under the
pleadings rests upon the defendant, or unless the defendant or all of the defendants, if there should
be more than one, shall, after the issues of fact are settled and before the trial commences, admit that
the plaintiff is entitled to recover as set forth in the petition, except so far as he may be defeated, in
whole or in part, by the allegations of the answer constituting a good defense, which may be
established on the trial; which admission shall be entered of record, whereupon the defendant, or the
defendants, if more than one, shall have the right to open and conclude in adducing the evidence and
in the argument of the cause. The admission shall not serve to admit any allegation which is
inconsistent with such defense, which defense shall be one that defendant has the burden of
establishing, as for example, and without excluding other defenses: accord and satisfaction, adverse
possession, arbitration and award, contributory negligence, discharge in bankruptcy, duress,
estoppel, failure of consideration, fraud, release, res judicata, statute of frauds, statute of limitations,
waiver, and the like.
RULE 267. WITNESSES PLACED UNDER RULE
(a) At the request of either party, in a civil case, the witnesses on both sides shall be sworn and
removed out of the courtroom to some place where they cannot hear the testimony as
delivered by any other witness in the cause. This is termed placing witnesses under the rule.
(b) This rule does not authorize exclusion of (1) a party who is a natural person or the spouse
of such natural person, or (2) an officer or employee of a party that is not a natural person
and who is designated as its representative by its attorney, or (3) a person whose presence
is shown by a party to be essential to the presentation of the cause.
(c) If any party be absent, the court in its discretion may exempt from the rule a representative
of such party.
(d) Witnesses, when placed under Rule 614 of the Texas Rules of Civil Evidence, shall be
instructed by the court that they are not to converse with each other or with any other person
about the case other than the attorneys in the case, except by permission of the court, and
that they are not to read any report of or comment upon the testimony in the case while under
the rule.
(e) Any witness or other person violating such instructions may be punished for contempt of
court.
RULE 268. MOTION FOR INSTRUCTED VERDICT
A motion for directed verdict shall state the specific grounds therefor.
RULE 269. ARGUMENT
(a) After the evidence is concluded and the charge is read, the parties may argue the case to the
jury. The party having the burden of proof on the whole case, or on all matters which are
submitted by the charge, shall be entitled to open and conclude the argument; where there
are several parties having separate claims or defenses, the court shall prescribe the order of
argument between them.
(b) In all arguments, and especially in arguments on the trial of the case, the counsel opening
shall present his whole case as he relies on it, both of law and facts, and shall be heard in the
concluding argument only in reply to the counsel on the other side.
(c) Counsel for an intervenor shall occupy the position in the argument assigned by the court
according to the nature of the claim.
(d) Arguments on questions of law shall be addressed to the court, and counsel should state the
substance of the authorities referred to without reading more from books than may be
necessary to verify the statement. On a question on motions, exceptions to the evidence, and
other incidental matters, the counsel will be allowed only such argument as may be
necessary to present clearly the question raised, and refer to authorities on it, unless further
discussion is invited by the court.
(e) Arguments on the facts should be addressed to the jury, when one is impaneled in a case that
is being tried, under the supervision of the court. Counsel shall be required to confine the
argument strictly to the evidence and to the arguments of opposing counsel. Mere personal
criticism by counsel upon each other shall be avoided, and when indulged in shall be
promptly corrected as a contempt of court.
(f) Side-bar remarks, and remarks by counsel of one side, not addressed to the court, while the
counsel on the other side is examining a witness or arguing any question to the court, or
addressing the jury, will be rigidly repressed by the court.
(g) The court will not be required to wait for objections to be made when the rules as to
arguments are violated; but should they not be noticed and corrected by the court, opposing
counsel may ask leave of the court to rise and present his point of objection. But the court
shall protect counsel from any unnecessary interruption made on frivolous and unimportant
grounds.
(h) It shall be the duty of every counsel to address the court from his place at the bar, and in
addressing the court to rise to his feet; and while engaged in the trial of a case he shall
remain at his place in the bar.
RULE 270. ADDITIONAL TESTIMONY
When it clearly appears to be necessary to the due administration of justice, the court may permit
additional evidence to be offered at any time; provided that in a jury case no evidence on a
controversial matter shall be received after the verdict of the jury.
SECTION 11. TRIAL OF CAUSES
D. Charge to the Jury
RULE 271. CHARGE TO THE JURY
Unless expressly waived by the parties, the trial court shall prepare and in open court deliver a
written charge to the jury.
RULE 272. REQUISITES
The charge shall be in writing, signed by the court, and filed with the clerk, and shall be a part of
the record of the cause. It shall be submitted to the respective parties or their attorneys for their
inspection, and a reasonable time given them in which to examine and present objections thereto
outside the presence of the jury, which objections shall in every instance be presented to the court
in writing, or be dictated to the court reporter in the presence of the court and opposing counsel,
before the charge is read to the jury. All objections not so presented shall be considered as waived.
The court shall announce its rulings thereon before reading the charge to the jury and shall endorse
the rulings on the objections if written or dictate same to the court reporter in the presence of
counsel. Objections to the charge and the court’s rulings thereon may be included as a part of any
transcript or statement of facts on appeal and, when so included in either, shall constitute a sufficient
bill of exception to the rulings of the court thereon. It shall be presumed, unless otherwise noted in
the record, that the party making such objections presented the same at the proper time and excepted
to the ruling thereon.
RULE 273. JURY SUBMISSIONS
Either party may present to the court and request written questions, definitions, and instructions to
be given to the jury; and the court may give them or a part thereof, or may refuse to give them, as
may be proper. Such requests shall be prepared and presented to the court and submitted to opposing
counsel for examination and objection within a reasonable time after the charge is given to the
parties or their attorneys for examination. A request by either party for any questions, definitions,
or instructions shall be made separate and apart from such party’s objections to the court’s charge.
RULE 274. OBJECTIONS AND REQUESTS
A party objecting to a charge must point out distinctly the objectionable matter and the grounds of
the objection. Any complaint as to a question, definition, or instruction, on account of any defect,
omission, or fault in pleading, is waived unless specifically included in the objections. When the
complaining party’s objection, or requested question, definition, or instruction is, in the opinion of
the appellate court, obscured or concealed by voluminous unfounded objections, minute
differentiations or numerous unnecessary requests, such objection or request shall be untenable. No
objection to one part of the charge may be adopted and applied to any other part of the charge by
reference only.
RULE 275. CHARGE READ BEFORE ARGUMENT
Before the argument is begun, the trial court shall read the charge to the jury in the precise words
in which it was written, including all questions, definitions, and instructions which the court may
give.
RULE 276. REFUSAL OR MODIFICATION
When an instruction, question, or definition is requested and the provisions of the law have been
complied with and the trial judge refuses the same, the judge shall endorse thereon “Refused,” and
sign the same officially. If the trial judge modifies the same the judge shall endorse thereon
“Modified as follows: (stating in what particular the judge has modified the same) and given, and
exception allowed” and sign the same officially. Such refused or modified instruction, question, or
definition, when so endorsed shall constitute a bill of exceptions, and it shall be conclusively
presumed that the party asking the same presented it at the proper time, excepted to its refusal or
modification, and that all the requirements of law have been observed, and such procedure shall
entitle the party requesting the same to have the action of the trial judge thereon reviewed without
preparing a formal bill of exceptions.
RULE 277. SUBMISSION TO THE JURY
In all jury cases the court shall, whenever feasible, submit the cause upon broad-form questions. The
court shall submit such instructions and definitions as shall be proper to enable the jury to render
a verdict.
Inferential rebuttal questions shall not be submitted in the charge. The placing of the burden of proof
may be accomplished by instructions rather than by inclusion in the question.
In any cause in which the jury is required to apportion the loss among the parties the court shall
submit a question or questions inquiring what percentage, if any, of the negligence or causation, as
the case may be, that caused the occurrence or injury in question is attributable to each of the
persons found to have been culpable. The court shall also instruct the jury to answer the damage
question or questions without any reduction because of the percentage of negligence or causation,
if any, of the person injured. The court may predicate the damage question or questions upon
affirmative findings of liability.
The court may submit a question disjunctively when it is apparent from the evidence that one or the
other of the conditions or facts inquired about necessarily exists.
The court shall not in its charge comment directly on the weight of the evidence or advise the jury
of the effect of their answers, but the court’s charge shall not be objectionable on the ground that it
incidentally constitutes a comment on the weight of the evidence or advises the jury of the effect of
their answers when it is properly a part of an instruction or definition.
RULE 278. SUBMISSION OF QUESTIONS, DEFINITIONS, AND INSTRUCTIONS
The court shall submit the questions, instructions and definitions in the form provided by Rule 277,
which are raised by the written pleadings and the evidence. Except in trespass to try title, statutory
partition proceedings, and other special proceedings in which the pleadings are specially defined by
statutes or procedural rules, a party shall not be entitled to any submission of any question raised
only by a general denial and not raised by affirmative written pleading by that party. Nothing herein
shall change the burden of proof from what it would have been under a general denial. A judgment
shall not be reversed because of the failure to submit other and various phases or different shades
of the same question. Failure to submit a question shall not be deemed a ground for reversal of the
judgment, unless its submission, in substantially correct wording, has been requested in writing and
tendered by the party complaining of the judgment; provided, however, that objection to such failure
shall suffice in such respect if the question is one relied upon by the opposing party. Failure to
submit a definition or instruction shall not be deemed a ground for reversal of the judgment unless
a substantially correct definition or instruction has been requested in writing and tendered by the
party complaining of the judgment.
RULE 279. OMISSIONS FROM THE CHARGE
Upon appeal all independent grounds of recovery or of defense not conclusively established under
the evidence and no element of which is submitted or requested are waived. When a ground of
recovery or defense consists of more than one element, if one or more of such elements necessary
to sustain such ground of recovery or defense, and necessarily referable thereto, are submitted to and
found by the jury, and one or more of such elements are omitted from the charge, without request
or objection, and there is factually sufficient evidence to support a finding thereon, the trial court,
at the request of either party, may after notice and hearing and at any time before the judgment is
rendered, make and file written findings on such omitted element or elements in support of the
judgment. If no such written findings are made, such omitted element or elements shall be deemed
found by the court in such manner as to support the judgment. A claim that the evidence was legally
or factually insufficient to warrant the submission of any question may be made for the first time
after verdict, regardless of whether the submission of such question was requested by the
complainant.
SECTION 11. TRIAL OF CAUSES
E. Case to the Jury
RULE 280. PRESIDING JUROR OF JURY
Each jury shall appoint one of their body presiding juror.
RULE 281. PAPERS TAKEN TO JURY ROOM
With the court’s permission, the jury may take with them to the jury room any notes they took
during the trial. In addition, the jury may, and on request shall, take with them in their retirement
the charges and instructions, general or special, which were given and read to them, and any written
evidence, except the depositions of witnesses, but shall not take with them any special charges which
have been refused. Where only part of a paper has been read in evidence, the jury shall not take the
same with them, unless the part so read to them is detached from that which was excluded.
RULE 282. JURY KEPT TOGETHER
The jury may either decide a case in court or retire for deliberation. If they retire, they shall be kept
together in some convenient place, under the charge of an officer, until they agree upon a verdict
or are discharged by the court; but the court in its discretion may permit them to separate temporarily
for the night and at their meals, and for other proper purposes.
RULE 283. DUTY OF OFFICER ATTENDING JURY
The officer in charge of the jury shall not make not permit any communication to be made to them,
except to inquire if they have agreed upon a verdict, unless by order of the court; and he shall not
before their verdict is rendered communicate to any person the state of their deliberations or the
verdict agreed upon.
RULE 284. JUDGE TO CAUTION JURY
Immediately after jurors are selected for a case, the court must instruct them to turn off their phones
and other electronic devices and not to communicate with anyone through any electronic device
while they are in the courtroom or while they are deliberating. The court must also instruct them
that, while they are serving as jurors, they must not post any information about the case on the
Internet or search for any information outside of the courtroom, including on the Internet, to try to
learn more about the case.
If jurors are permitted to separate before they are released from jury duty, either during the trial or
after the case is submitted to them, the court must instruct them that it is their duty not to
communicate with, or permit themselves to be addressed by, any other person about any subject
relating to the case.
RULE 285. JURY MAY COMMUNICATE WITH COURT
The jury may communicate with the court by making their wish known to the officer in charge, who
shall inform the court, and they may then in open court, and through their presiding juror,
communicate with the court, either verbally or in writing. If the communication is to request further
instructions, Rule 286 shall be followed.
RULE 286. JURY MY RECEIVE FURTHER INSTRUCTIONS
After having retired, the jury may receive further instructions from the court touching any matter
of law, either at their request or upon the court’s own motion. For this purpose they shall appear
before the judge in open court in a body, and if the instruction is being given at their request, they
shall through their presiding juror state to the court, in writing, the particular question of law upon
which they desire further instruction. The court shall give such instruction in writing, but no
instruction shall be given except in conformity with the rules relating to the charge. Additional
argument may be allowed in the discretion of the court.
RULE 287. DISAGREEMENT AS TO EVIDENCE
If the jury disagree as to the statement of any witness, they may, upon applying to the court, have
read to them from the court reporter’s notes that part of such witness’ testimony on the point in
dispute; but, if there be no such reporter, or if his notes cannot be read to the jury, the court may
cause such witness to be again brought upon the stand and the judge shall direct him to repeat his
testimony as to the point in dispute, and no other, as nearly as he can in the language used on the
trial; and on their notifying the court that they disagree as to any portion of a deposition or other
paper not permitted to be carried with them in their retirement, the court may, in like manner, permit
such portion of said deposition or paper to be again read to the jury.
RULE 288. COURT OPEN FOR JURY
The court, during the deliberations of the jury, may proceed with other business or recess from time
to time, but shall be deemed open for all purposes connected with the case before the jury.
RULE 289. DISCHARGE OF JURY
The jury to whom a case has been submitted may be discharged by the court when they cannot agree
and the parties consent to their discharge, or when they have been kept together for such time as to
render it altogether improbable that they can agree, or when any calamity or accident may, in the
opinion of the court, require it, or when by sickness or other cause their number is reduced below
the number constituting the jury in such court.
The cause shall again be placed on the jury docket and shall again be set for trial as the court directs.
SECTION 11. TRIAL OF CAUSES
F. Verdict
RULE 290. DEFINITION AND SUBSTANCE
A verdict is a written declaration by a jury of its decision, comprehending the whole or all the issues
submitted to the jury, and shall be either a general or special verdict, as directed, which shall be
signed by the presiding juror of the jury.
A general verdict is one whereby the jury pronounces generally in favor of one or more parties to
the suit upon all or any of the issues submitted to it. A special verdict is one wherein the jury finds
the facts only on issues made up and submitted to them under the direction of the court.
A special verdict shall, as between the parties, be conclusive as to the facts found.
RULE 291. FORM OF VERDICT
No special form of verdict is required, and the judgment shall not be arrested or reversed for mere
want of form therein if there has been substantial compliance with the requirements of the law in
rendering a verdict.
RULE 292. VERDICT BY PORTION OF ORIGINAL JURY
(a) Except as provided in subsection (b), a verdict may be rendered in any cause by the
concurrence, as to each and all answers made, of the same ten or more members of an
original jury of twelve or of the same five or more members of an original jury of six.
However, where as many as three jurors die or be disabled from sitting and there are only
nine of the jurors remaining of an original jury of twelve, those remaining may render and
return a verdict. If less than the original twelve or six jurors render a verdict, the verdict must
be signed by each juror concurring therein.
(b) A verdict may be rendered awarding exemplary damages only if the jury was unanimous in
finding liability for and the amount of exemplary damages.
RULE 293. WHEN THE JURY AGREE
When the jury agree upon a verdict, they shall be brought into the court by the proper officer, and
they shall deliver their verdict to the clerk; and if they state that they have agreed, the verdict shall
be read aloud by the clerk. If the verdict is in proper form, no juror objects to its accuracy, no juror
represented as agreeing thereto dissents therefrom, and neither party requests a poll of the jury, the
verdict shall be entered upon the minutes of the court.
RULE 294. POLLING THE JURY
Any party shall have the right to have the jury polled. A jury is polled by reading once to the jury
collectively the general verdict, or the questions and answers thereto consecutively, and then calling
the name of each juror separately and asking the juror if it is the juror’s verdict. If any juror answers
in the negative when the verdict is returned signed only by the presiding juror as a unanimous
verdict, or if any juror shown by the juror’s signature to agree to the verdict should answer in the
negative, the jury shall be retired for further deliberation.
RULE 295. CORRECTION OF VERDICT
If the purported verdict is defective, the court may direct it to be reformed. If it is incomplete, or not
responsive to the questions contained in the court’s charge, or the answers to the questions are in
conflict, the court shall in writing instruct the jury in open court of the nature of the incompleteness,
unresponsiveness, or conflict, provide the jury such additional instructions as may be proper, and
retire the jury for further deliberations.
SECTION 11. TRIAL OF CAUSES
G. Findings by the Court
RULE 296. REQUESTS FOR FINDINGS OF FACTS AND CONCLUSIONS OF LAW
In any case tried in the district or county court without a jury, any party may request the court to
state in writing its findings of fact and conclusions of law. Such request shall be entitled “Request
for Findings of Fact and Conclusions of Law” and shall be filed within twenty days after judgment
is signed with the clerk of the court, who shall immediately call such request to the attention of the
judge who tried the case. The party making the request shall serve it on all other parties in
accordance with Rule 21a.
RULE 297. TIME TO FILE FINDINGS OF FACT AND CONCLUSIONS OF LAW
The court shall file its findings of fact and conclusions of law within twenty days after a timely
request is filed. The court shall cause a copy of its findings and conclusions to be mailed to each
party in the suit.
If the court fails to file timely findings of fact and conclusions of law, the party making the request
shall, within thirty days after filing the original request, file with the clerk and serve on all other
parties in accordance with Rule 21a a “Notice of Past Due Findings of Fact and Conclusions of Law”
which shall be immediately called to the attention of the court by the clerk. Such notice shall state
the date the original request was filed and the date the findings and conclusions were due. Upon
filing this notice, the time for the court to file findings of fact and conclusions of law is extended to
forty days from the date the original request was filed.
RULE 298. ADDITIONAL OR AMENDED FINDINGS OF FACT AND
CONCLUSIONS OF LAW
After the court files original findings of fact and conclusions of law, any party may file with the
clerk of the court a request for specified additional or amended findings or conclusions. The request
for these findings shall be made within ten days after the filing of the original findings and
conclusions by the court. Each request made pursuant to this rule shall be served on each party to
the suit in accordance with Rule 21a.
The court shall file any additional or amended findings and conclusions that are appropriate within
ten days after such request is filed, and cause a copy to be mailed to each party to the suit. No
findings or conclusions shall be deemed or presumed by any failure of the court to make any
additional findings or conclusions.
RULE 299. OMITTED FINDINGS
When findings of fact are filed by the trial court they shall form the basis of the judgment upon all
grounds of recovery and of defense embraced therein. The judgment may not be supported upon
appeal by a presumed finding upon any ground of recovery or defense, no element of which has been
included in the findings of fact; but when one or more elements thereof have been found by the trial
court, omitted unrequested elements, when supported by evidence, will be supplied by presumption
in support of the judgment. Refusal of the court to make a finding requested shall be reviewable on
appeal.
RULE 299a. FINDINGS OF FACT TO BE SEPARATELY FILED
AND NOT RECITED IN A JUDGMENT
Findings of fact shall not be recited in a judgment. If there is a conflict between findings of fact
recited in a judgment in violation of this rule and findings of fact made pursuant to Rules 297 and
298, the latter findings will control for appellate purposes. Findings of fact shall be filed with the
clerk of the court as a document or documents separate and apart from the judgment.
SECTION 11. TRIAL OF CAUSES
H. Judgments
RULE 300. COURT TO RENDER JUDGMENT
Where a special verdict is rendered, or the conclusions of fact found by the judge are separately
stated the court shall render judgment thereon unless set aside or a new trial is granted, or judgment
is rendered notwithstanding verdict or jury finding under these rules.
RULE 301. JUDGMENTS
The judgment of the court shall conform to the pleadings, the nature of the case proved and the
verdict, if any, and shall be so framed as to give the party all the relief to which he may be entitled
either in law or equity. Provided, that upon motion and reasonable notice the court may render
judgment non obstante veredicto if a directed verdict would have been proper, and provided further
that the court may, upon like motion and notice, disregard any jury finding on a question that has
no support in the evidence. Only one final judgment shall be rendered in any cause except where it
is otherwise specially provided by law. Judgment may, in a proper case, be given for or against one
or more of several plaintiffs, and for or against one or more of several defendants or intervenors.
RULE 302. ON COUNTERCLAIM
If the defendant establishes a demand against the plaintiff upon a counterclaim exceeding that
established against him by the plaintiff, the court shall render judgment for defendant for such
excess.
RULE 303. ON COUNTERCLAIM FOR COSTS
When a counterclaim is pleaded, the party in whose favor final judgment is rendered shall also
recover the costs, unless it be made to appear on the trial that the counterclaim of the defendant was
acquired after the commencement of the suit, in which case, if the plaintiff establishes a claim
existing at the commencement of the suit, he shall recover his costs.
RULE 304. JUDGMENT UPON RECORD
Judgments rendered upon questions raised upon citations, pleadings, and all other proceedings,
constituting the record proper as known at common law, must be entered at the date of each term
when pronounced.
RULE 305. PROPOSED JUDGMENT
Any party may prepare and submit a proposed judgment to the court for signature.
Each party who submits a proposed judgment for signature shall serve the proposed judgment on
all other parties to the suit who have appeared and remain in the case, in accordance with Rule 21a.
Failure to comply with this rule shall not affect the time for perfecting an appeal.
RULE 306. RECITATION OF JUDGMENT
The entry of the judgment shall contain the full names of the parties, as stated in the pleadings, for
and against whom the judgment is rendered. In a suit for termination of the parent-child relationship
or a suit affecting the parent-child relationship filed by a governmental entity for managing
conservatorship, the judgment must state the specific grounds for termination or for appointment of
the managing conservator.
RULE 306a. PERIODS TO RUN FROM SIGNING OF JUDGMENT
1. Beginning of Periods. The date of judgment or order is signed as shown of record shall
determine the beginning of the periods prescribed by these rules for the court’s plenary
power to grant a new trial or to vacate, modify, correct or reform a judgment or order and
for filing in the trial court the various documents that these rules authorize a party to file
within such periods including, but not limited to, motions for new trial, motions to modify
judgment, motions to reinstate a case dismissed for want of prosecution, motions to vacate
judgment and requests for findings of fact and conclusions of law; but this rule shall not
determine what constitutes rendition of a judgment or order for any other purpose.
2. Date to Be Shown. Judges, attorneys and clerks are directed to use their best efforts to
cause all judgments, decisions and orders of any kind to be reduced to writing and signed
by the trial judge with the date of signing stated therein. If the date of signing is not recited
in the judgment or order, it may be shown in the record by a certificate of the judge or
otherwise; provided, however, that the absence of a showing of the date in the record shall
not invalidate any judgment or order.
3. Notice of Judgment. When the final judgment or other appealable order is signed, the clerk
of the court shall immediately give notice to the parties or their attorneys of record by firstclass
mail advising that the judgment or order was signed. Failure to comply with the
provisions of this rule shall not affect the periods mentioned in paragraph (1) of this rule,
except as provided in paragraph (4).
4. No Notice of Judgment. If within twenty days after the judgment or other appealable order
is signed, a party adversely affected by it or his attorney has neither received the notice
required by paragraph (3) of this rule nor acquired actual knowledge of the order, then with
respect to that party all the periods mentioned in paragraph (1) shall begin on the date that
such party or his attorney received such notice or acquired actual knowledge of the signing,
whichever occurred first, but in no event shall such periods begin more than ninety days after
the original judgment or other appealable order was signed.
5. Motion, Notice and Hearing. In order to establish the application of paragraph (4) of this
rule, the party adversely affected is required to prove in the trial court, on sworn motion and
notice, the date on which the party or his attorney first either received a notice of the
judgment or acquired actual knowledge of the signing and that this date was more than
twenty days after the judgment was signed.
6. Nunc Pro Tunc Order. When a corrected judgment has been signed after expiration of the
court’s plenary power pursuant to Rule 316, the periods mentioned in paragraph (1) of this
rule shall run from the date of signing the corrected judgment with repsect of any complaint
that would not be applicable to the original document.
7. When Process Served by Publication. With respect to a motion for new trial filed more
than thirty days after the judgment was signed pursuant to Rule 329 when process has been
served by publication, the periods provided by paragraph (1) shall be computed as if the
judgment were signed on the date of filing the motion.
[RULE 306b. Repealed effective April 1, 1984]
RULE 306c. PREMATURELY FILED DOCUMENTS
No motion for new trial or request for findings of fact and conclusions of law shall be held
ineffective because prematurely filed; but every such motion shall be deemed to have been filed on
the date of but subsequent to the time of signing of the judgment the motion assails, and every such
request for findings of fact and conclusions of law shall be deemed to have been filed on the date
of but subsequent to the time of signing of the judgment.
[RULE 306d. Repealed effective April 1, 1984]
RULE 307. EXCEPTIONS, ETC., TRANSCRIPT
In non-jury cases, where findings of fact and conclusions of law are requested and filed, and in jury
cases, where a special verdict is returned, any party claiming that the findings of the court or the
jury, as the case may be, do not support the judgment, may have noted in the record an exception
to said judgment and thereupon take an appeal or writ of error, where such writ is allowed, without
a statement of facts or further exceptions in the transcript, but the transcript in such cases shall
contain the conclusions of law and fact or the special verdict and the judgment rendered thereon.
RULE 308. COURT SHALL ENFORCE ITS DECREES
The court shall cause its judgments and decrees to be carried into execution; and where the judgment
is for personal property, and it is shown by the pleadings and evidence and the verdict, if any, that
such property has an especial value to the plaintiff, the court may award a special writ for the seizure
and delivery of such property to the plaintiff; and in such case may enforce its judgment by
attachment, fine and imprisonment.
RULE 308a. IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
When the court has ordered child support or possession of or access to a child and it is claimed that
the order has been violated, the person claiming that a violation has occurred shall make this known
to the court. The court may appoint a member of the bar to investigate the claim to determine
whether there is reason to believe that the court order has been violated. If the attorney in good faith
believes that the order has been violated, the attorney shall take the necessary action as provided
under Chapter 14, Family Code. On a finding of a violation, the court may enforce its order as
provided in Chapter 14, Family Code.
Except by order of the court, no fee shall be charged by or paid to the attorney representing the
claimant. If the court determines that an attorney’s fee should be paid, the fee shall be adjudged
against the party who violated the court’s order. The fee may be assessed as costs of court, or
awarded by judgment, or both.
RULE 309. IN FORECLOSURE PROCEEDINGS
Judgments for the foreclosure of mortgages and other liens shall be that the plaintiff recover his debt,
damages and costs, with a foreclosure of the plaintiff’s lien on the property subject thereto, and,
except in judgments against executors, administrators and guardians, that an order of sale shall issue
to any sheriff or any constable within the State of Texas, directing him to seize and sell the same as
under execution, in satisfaction of the judgment; and, if the property cannot be found, or if the
proceeds of such sale be insufficient to satisfy the judgment, then to take the money or any balance
thereof remaining unpaid, out of any other property of the defendant, as in case of ordinary
executions.
RULE 310. WRIT OF POSSESSION
When an order foreclosing a lien upon real estate is made in a suit having for its object the
foreclosure of such lien, such order shall have all the force and effect of a writ of possession as
between the parties to the foreclosure suit and any person claiming under the defendant to such suit
by any right acquired pending such suit; and the court shall so direct in the judgment providing for
the issuance of such order. The sheriff or other officer executing such order of sale shall proceed by
virtue of such order of sale to place the purchaser of the property sold thereunder in possession
thereof within thirty days after the day of sale.
RULE 311. ON APPEAL FROM PROBATE COURT
Judgment on appeal or certiorari from any county court sitting in probate shall be certified to such
county court for observance.
RULE 312. ON APPEAL FROM JUSTICE COURT
Judgment on appeal or certiorari from a justice court shall be enforced by the county or district court
rendering the judgment.
RULE 313. AGAINST EXECUTORS, ETC.
A judgment for the recovery of money against an executor, administrator or guardian, as such, shall
state that it is to be paid in the due course of administration. No execution shall issue thereon, but
it shall be certified to the county court, sitting in matters of probate, to be there enforced in
accordance with law, but judgment against an executor appointed and acting under a will dispensing
with the action of the county court in reference to such estate shall be enforced against the property
of the testator in the hands of such executor, by execution, as in other cases.
RULE 314. CONFESSION OF JUDGMENT
Any person against whom a cause of action exists may, without process, appear in person or by
attorney, and confess judgment therefor in open court as follows:
(a) A petition shall be filed and the justness of the debt or cause of action be sworn to
by the person in whose favor the judgment is confessed.
(b) If the judgment is confessed by attorney, the power of attorney shall be filed and its
contents be recited in the judgment.
(c) Every such judgment duly made shall operate as a release of all errors in the record
thereof, but such judgment may be impeached for fraud or other equitable cause.
SECTION 11. TRIAL OF CAUSES
I. Remittitur and Correction
RULE 315. REMITTITUR
Any party in whose favor a judgment has been rendered may remit any part thereof in open court,
or by executing and filing with the clerk a written remittitur signed by the party or the party’s
attorney of record, and duly acknowledged by the party or the party’s attorney. Such remittitur shall
be a part of the record of the cause. Execution shall issue for the balance only of such judgment.
RULE 316. CORRECTION OF CLERICAL MISTAKES IN JUDGMENT RECORD
Clerical mistakes in the record of any judgment may be corrected by the judge in open court
according to the truth or justice of the case after notice of the motion therefor has been given to the
parties interested in such judgment, as provided in Rule 21a, and thereafter the execution shall
conform to the judgment as amended.
[RULES 317 – 319. Repealed effective January 1, 1988]
SECTION 11. TRIAL OF CAUSES
J. New Trials
RULE 320. MOTION AND ACTION OF COURT THEREON
New trials may be granted and judgment set aside for good cause, on motion or on the court’s own
motion on such terms as the court shall direct. New trials may be granted when the damages are
manifestly too small or too large. When it appears to the court that a new trial should be granted on
a point or points that affect only a part of the matters in controversy and that such part is clearly
separable without unfairness to the parties, the court may grant a new trial as to that part only,
provided that a separate trial on unliquidated damages alone shall not be ordered if liability issues
are contested. Each motion for new trial shall be in writing and signed by the party or his attorney.
RULE 321. FORM
Each point relied upon in a motion for new trial or in arrest of judgment shall briefly refer to that
part of the ruling of the court, charge given to the jury, or charge refused, admission or rejection of
evidence, or other proceedings which are designated to be complained of, in such a way that the
objection can be clearly identified and understood by the court.
RULE 322. GENERALITY TO BE AVOIDED
Grounds of objections couched in general terms – as that the court erred in its charge, in sustaining
or overruling exceptions to the pleadings, and in excluding or admitting evidence, the verdict of the
jury is contrary to law, and the like – shall not be considered by the court.
[RULE 323. Repealed effective January 1, 1978]
RULE 324. PREREQUISITES OF APPEAL
(a) Motion for New Trial Not Required. A point in a motion for new trial is not a prerequisite
to a complaint on appeal in either a jury or a nonjury case, except as provided in subdivision
(b).
(b) Motion for New Trial Required. A point in a motion for new trial is a prerequisite to the
following complaints on appeal:
(1) A complaint on which evidence must be heard such as one of jury misconduct or
newly discovered evidence or failure to set aside a judgment by default;
(2) A complaint of factual insufficiency of the evidence to support a jury finding;
(3) A complaint that a jury finding is against the overwhelming weight of the evidence;
(4) A complaint of inadequacy or excessiveness of the damages found by the jury; or
(5) Incurable jury argument if not otherwise ruled on by the trial court.
(c) Judgment Notwithstanding Findings; Cross-Points. When judgment is rendered non
obstante verdicto or notwithstanding the findings of a jury on one or more questions, the
appellee may bring forward by cross-point contained in his brief filed in the Court of
Appeals any ground which would have vitiated the verdict or would have prevented an
affirmance of the judgment had one been rendered by the trial court in harmony with the
verdict, including although not limited to the ground that one or more of the jury’s findings
have insufficient support in the evidence or are against the overwhelming preponderance of
the evidence as a matter of fact, and the ground that the verdict and judgment based thereon
should be set aside because of improper argument of counsel.
The failure to bring forward by cross-points such grounds as would vitiate the verdict shall
be deemed a waiver thereof; provided, however, that if a cross-point is upon a ground which
requires the taking of evidence in addition to that adduced upon the trial of the cause, it is
not necessary that the evidentiary hearing be held until after the appellate court determines
that the cause be remanded to consider such a cross-point.
[RULE 325. Repealed effective January 1, 1978]
RULE 326. NOT MORE THAN TWO
Not more than two new trials shall be granted either party in the same cause because of insufficiency
or weight of the evidence.
RULE 327. FOR JURY MISCONDUCT
(a) When the ground of a motion for new trial, supported by affidavit, is misconduct of the jury
or of the officer in charge of them, or because of any communication made to the jury, or
that a juror gave an erroneous or incorrect answer on voir dire examination, the court shall
hear evidence thereof from the jury or others in open court, and may grant a new trial if such
misconduct proved, or the communication made, or the erroneous or incorrect answer on
voir dire examination, be material, and if it reasonably appears from the evidence both on
the hearing of the motion and the trial of the case and from the record as a whole that injury
probably resulted to the complaining party.
(b) A juror may not testify as to any matter or statement occurring during the course of the jury’s
deliberations or to the effect of anything upon his or any other juror’s mind or emotions as
influencing him to assent to or dissent from the verdict concerning his mental processes in
connection therewith, except that a juror may testify whether any outside influence was
improperly brought to bear upon any juror. Nor may his affidavit or evidence of any
statement by him concerning a matter about which he would be precluded from testifying
be received for these purposes.
[RULE 328. Repealed effective January 1, 1988]
RULE 329. MOTION FOR NEW TRIAL ON JUDGMENT FOLLOWING
CITATION BY PUBLICATION
In cases in which judgment has been rendered on service of process by publication, when the
defendant has not appeared in person or by attorney of his own selection:
(a) The court may grant a new trial upon petition of the defendant showing good cause,
supported by affidavit, filed within two years after such judgment was signed. The
parties adversely interested in such judgment shall be cited as in other cases.
(b) Execution of such judgment shall not be suspended unless the party applying therefor
shall give a good and sufficient bond payable to the plaintiff in the judgment, in an
amount fixed in accordance with Appellate Rule 47 relating to supersedeas bonds,
to be approved by the clerk, and conditioned that the party will prosecute his petition
for new trial to effect and will perform such judgment as may be rendered by the
court should its decision be against him.
(c) If property has been sold under the judgment and execution before the process was
suspended, the defendant shall not recover the property so sold, but shall have
judgment against the plaintiff in the judgment for the proceeds of such sale.
(d) If the motion is filed more than thirty days after the judgment was signed, the time
period shall be computed pursuant to Rule 306a(7).
RULE 329a. COUNTY COURT CASES
If a case or other matter is on trial or in the process of hearing when the term of the county court
expires, such trial, hearing or other matter may be proceeded with at the next or any subsequent term
of court and no motion or plea shall be considered as waived or overruled, because not acted upon
at the term of court at which it was filed, but may be acted upon at any time the judge may fix or at
which it may have been postponed or continued by agreement of the parties with leave of the court.
This subdivision is not applicable to original or amended motions for new trial which are governed
by Rule 329b.
RULE 329b. TIME FOR FILING MOTIONS
The following rules shall be applicable to motions for new trial and motions to modify, correct, or
reform judgments (other than motions to correct the record under Rule 316) in all district and county
courts:
(a) A motion for new trial, if filed, shall be filed prior to or within thirty days after the judgment
or other order complained of is signed.
(b) One or more amended motions for new trial may be filed without leave of court before any
preceding motion for new trial filed by the movant is overruled and within thirty days after
the judgment or other order complained of is signed.
(c) In the event an original or amended motion for new trial or a motion to modify, correct or
reform a judgment is not determined by written order signed within seventy-five days after
the judgment was signed, it shall be considered overruled by operation of law on expiration
of that period.
(d) The trial court, regardless of whether an appeal has been perfected, has plenary power to
grant a new trial or to vacate, modify, correct, or reform the judgment within thirty days after
the judgment is signed.
(e) If a motion for new trial is timely filed by any party, the trial court, regardless of whether an
appeal has been perfected, has plenary power to grant a new trial or to vacate, modify,
correct, or reform the judgment until thirty days after all such timely-filed motions are
overruled, either by a written and signed order or by operation of law, whichever occurs first.
(f) On expiration of the time within which the trial court has plenary power, a judgment cannot
be set aside by the trial court except by bill of review for sufficient cause, filed within the
time allowed by law; provided that the court may at any time correct a clerical error in the
record of a judgment and render judgment nunc pro tunc under Rule 316, and may also sign
an order declaring a previous judgment or order to be void because signed after the court’s
plenary power had expired.
(g) A motion to modify, correct, or reform a judgment (as distinguished from motion to correct
the record of a judgment under Rule 316), if filed, shall be filed and determined within the
time prescribed by this rule for a motion for new trial and shall extend the trial court’s
plenary power and the time for perfecting an appeal in the same manner as a motion for new
trial. Each such motion shall be in writing and signed by the party or his attorney and shall
specify the respects in which the judgment should be modified, corrected, or reformed. The
overruling of such a motion shall not preclude the filing of a motion for new trial, nor shall
the overruling of a motion for new trial preclude the filing of a motion to modify, correct,
or reform.
(h) If a judgment is modified, corrected or reformed in any respect, the time for appeal shall run
from the time the modified, corrected, or reformed judgment is signed, but if a correction is
made pursuant to Rule 316 after expiration of the period of plenary power provided by this
rule, no complaint shall be heard on appeal that could have been presented in an appeal from
the original judgment.
SECTION 11. TRIAL OF CAUSES
K. Certain District Courts
RULE 330. RULES OF PRACTICE AND PROCEDURE IN
CERTAIN DISTRICT COURTS
The following rules of practice and procedure shall govern and be followed in all civil actions in
district courts in counties where the only district court of said county vested with civil jurisdiction,
or all the district courts thereof having civil jurisdiction, have successive terms in said county
throughout the year, without more than two days intervening between any of such terms, whether
or not any one or more of such district courts include one or more other counties within its
jurisdiction.
(a) Appealed Cases. In cases appealed to said district courts from inferior courts, the appeal,
including transcript, shall be filed in the district court within thirty (30) days after the
rendition of the judgment or order appealed from, and the appellee shall enter his appearance
on the docket or answer to said appeal on or before ten o’clock a.m. of the Monday next after
the expiration of twenty (20) days from the date the appeal is filed in the district court.
(b) [Repealed]
(c) Postponement or Continuance. Cases may be postponed or continued by agreement with
the approval of the court, or upon the court’s own motion or for cause. When a case is called
for trial and only one party is ready, the court may for good cause either continue the case
for the term or postpone and reset it for a later day in the same or succeeding term.
(d) Cases May Be Reset. A case that is set and reached for trial may be postponed for a later
day in the term or continued and reset for a day certain in the succeeding term on the same
grounds as an application for continuance would be granted in other district courts. After any
case has been set and reached in its due order and called for trial two (2) or more times and
not tried, the court may dismiss the same unless the parties agree to a postponement or
continuance but the court shall respect written agreements of counsel for postponement and
continuance if filed in the case when or before it is called for trial unless to do so will
unreasonably delay or interfere with other business of the court.
(e) Exchange and Transfer. Where in such county there are two or more district courts having
civil jurisdiction, the judges of such courts may, in their discretion, exchange benches or
districts from time to time, and may transfer cases and other proceedings from one court to
another, and any of them may in his own courtroom try and determine any case or
proceeding pending in another court without having the case transferred, or may sit in any
other of said courts and there hear and determine any case there pending, and every
judgment and order shall be entered in the minutes of the court in which the case is pending
and at the time the judgment or order is rendered, and two (2) or more judges may try
different cases in the same court at the same time, and each may occupy his own courtroom
or the room of any other court. The judge of any such court may issue restraining orders and
injunctions returnable to any other judge or court, and any judge may transfer any case or
proceeding pending in his court to any other of said courts, and the judge of any court to
which a case or proceeding is transferred shall receive and try the same, and in turn shall
have power in his discretion to transfer any such case to any other of said courts and any
other judge may in his courtroom try any case pending in any other of such courts.
(f) Cases Transferred to Judges Not Occupied. Where in such counties there are two or more
district courts having civil jurisdiction, when the judge of any such court shall become
disengaged, he shall notify the presiding judge, and the presiding judge shall transfer to the
court of the disengaged judge the next case which is ready for trial in any of said courts. Any
judge not engaged in his own court may try any case in any other court.
(g) Judge May Hear Only Part of Case. Where in such counties there are two or more district
courts having civil jurisdiction, any judge may hear any part of any case or proceeding
pending in any of said courts and determine the same, or may hear and determine any
question in any case, and any other judge may complete the hearing and render judgment in
the case.
(h) Any Judge May Hear Dilatory Pleas. Where in such county there are two or more district
courts having civil jurisdiction, any judge may hear and determine motions, petitions for
injunction, applications for appointment of receivers, interventions, pleas of privilege, pleas
in abatement, all dilatory pleas and special exceptions, motions for a new trial and all
preliminary matters, questions and proceedings and may enter judgment or order thereon in
the court in which the case is pending without having the case transferred to the court of the
judge acting, and the judge in whose court the case is pending may thereafter proceed to
hear, complete and determine the case or other matter, or any part thereof, and render final
judgment therein. Any judgment rendered or action taken by any judge in any of said courts
in the county shall be valid and binding.
(i) Acts in Succeeding Terms. If a case or other matter is on trial, or in the process of hearing
when the term of court expires, such trial, hearing or other matter may be proceeded with at
the next or any subsequent term of court and no motion or plea shall be considered as waived
or overruled, because not acted upon at the term of court at which it was filed, but may be
acted upon at any time the judge may fix or at which it may have been postponed or
continued by agreement of the parties with leave of the court. This subdivision is not
applicable to original or amended motions for new trial which are governed by Rule 329b.
[RULE 331. Repealed effective January 1, 1988]
SECTION 12. REVIEW BY DISTRICT COURTS OF COUNTY COURT RULINGS
[RULES 332-351. Repealed effective January 1, 1976]
TEXAS RULES OF CIVIL PROCEDURE
PART III – RULES OF PROCEDURE FOR THE COURTS OF APPEALS
SECTION 1. PERFECTING APPEAL
[RULES 352 to 358. Repealed effective September 1, 1986]
[RULE 359. Repealed effective April 1, 1984]
[RULE 360. Repealed effective September 1, 1986]
[RULES 361 to 362. Repealed effective April 1, 1984]
[RULES 363 to 369a. Repealed effective September 1, 1986]
SECTION 2. RECORD ON APPEAL
[RULE 370. Repealed effective January 1, 1981]
[RULES 371 to 373. Repealed effective September 1, 1986]
[RULE 374. Repealed effective January 1, 1978]
RULES 375 to 382. Repealed effective September 1, 1986]
SECTION 3. PROCEEDINGS IN THE COURTS OF APPEALS
[RULES 383 to 389a. Repealed effective September 1, 1986]
[RULE 390. Repealed effective April 1, 1984]
[RULE 391. Repealed effective March 1, 1950]
[RULE 392. Repealed effective April 1, 1984]
[RULES 393 to 414. Repealed effective September 1, 1986]
[RULES 415 to 417. Repealed effective April 1, 1984]
[RULE 418. Repealed effective October 1, 1984]
[RULES 419 to 420. Repealed effective September 1, 1986]
[RULE 421. Repealed effective January 1, 1981]
[RULES 422 to 423. Repealed effective September 1, 1986]
[RULES 424 to 427. Repealed effective April 1, 1984]
[RULES 429 to 429. Repealed effective September 1, 1986]
[RULES 430 to 432. Repealed effective April 1, 1984]
SECTION 4. JUDGMENT
[RULES 433 to 442. Repealed effective September 1, 1986]
[RULES 443 to 444. Repealed effective April 1, 1984]
[RULE 445. Repealed effective January 1, 1978]
[RULES 446 to 448. Repealed effective September 1, 1986]
[RULES 449 to 450. Repealed effective April 1, 1984]
SECTION 5. OPINIONS
[RULES 451 to 452. Repealed effective September 1, 1986]
[RULES 453 to 455. Repealed effective April 1, 1984]
[RULES 456 to 457. Repealed effective September 1, 1986]
SECTION 6. REHEARING
[RULE 458. Repealed effective September 1, 1986]
[RULE 459. Repealed effective December 31, 1941]
[RULE 460. Repealed effective September 1, 1986]
SECTION 7. CERTIFICATION OF QUESTIONS
[RULES 461 to 462. Repealed effective September 1, 1986]
[RULES 463 to 464. Repealed effective April 1, 1984]
[RULE 465. Renumbered as Rule 462 effective April 1, 1984]
[RULE 466. Repealed effective September 1, 1986]
SECTION 8. APPLICTION FOR WRIT OF ERROR
[RULE 467. Repealed effective April 1, 1984]
[RULES 468 to 470. Repealed effective September 1, 1986]
[RULE 471. Repealed effective April 1, 1984]
[RULE 472. Repealed effective September 1, 1986]
[RULE 473. Repealed effective April 1, 1984]
TEXAS RULES OF CIVIL PROCEDURE
PART IV – RULES OF PRACTICE FOR THE SUPREME COURT
SECTION 1. PROCEEDINGS IN THE SUPREME COURT
[RULES 474 to 481. Repealed effective September 1, 1986]
[RULE 482. Repealed effective April 1, 1984]
[RULES 483 to 486. Repealed effective September 1, 1986]
[RULE 487. Repealed effective February 1, 1946
[RULES 488 to 493. Repealed effective September 1, 1986]
[RULE 492. Repealed effective February 1, 1946]
[RULES 495 to 499a. Repealed effective September 1, 1986]
SECTION 2. JUDGMENT
[RULES 500 to 505. Repealed effective September 1, 1986]
[RULE 506. Repealed effective April 1, 1984]
[RULE 507. Repealed effective September 1, 1986]
[RULE 508. Repealed effective April 1, 1984]
[RULE 509. Repealed effective January 1, 1978]
[RULE 510. Repealed effective September 1, 1986]
[RULES 511 to 513. Repealed effective April 1, 1984]
RULE 514. Repealed effective September 1, 1986]
SECTION 3. REHEARING
[RULE 515. Repealed effective September 1, 1986]
[RULE 516. Repealed effective April 1, 1984]
SECTION 4. COMMISSION OF APPEALS (REPEALED)
[RULES 518 to 522. Repealed effective February 1, 1946]
PART V – RULES OF PRACTICE IN JUSTICE COURTS
[RULES 523 to 591. Repealed effective August 31, 2013]
RULE 500. GENERAL RULES
RULE 500.1. CONSTRUCTION OF RULES
Unless otherwise expressly provided, in Part V of these Rules of Civil Procedure:
(a) the past, present, and future tense each includes the other;
(b) the term “it” includes a person of either gender or an entity; and
(c) the singular and plural each includes the other.
RULE 500.2. DEFINITIONS
In Part V of these Rules of Civil Procedure:
(a) “Answer” is the written response that a party who is sued must file with the court after being
served with a citation.
(b) “Citation” is the court-issued document required to be served upon a party to inform the
party that it has been sued.
(c) “Claim” is the legal theory and alleged facts that, if proven, entitle a party to relief against
another party in court.
(d) “Clerk” is a person designated by the judge as a justice court clerk, or the judge if there is
no clerk available.
(e) “Counterclaim” is a claim brought by a party who has been sued against the party who filed
the lawsuit, for example, a defendant suing a plaintiff.
(f) “County court” is the county court, statutory county court, or district court in a particular
county with jurisdiction over appeals of civil cases from justice court.
(g) “Cross-claim” is a claim brought by one party against another party on the same side of a
lawsuit. For example, if a plaintiff sues two defendants, the defendants can seek relief
against each other by means of a cross-claim.
(h) “Default judgment” is a judgment awarded to a plaintiff when the defendant fails to answer
and dispute the plaintiff’s claims in the lawsuit.
(i) “Defendant” is a party who is sued, including a plaintiff against whom a counterclaim is
filed.
(j) “Defense” is an assertion by a defendant that the plaintiff is not entitled to relief from the
court.
(k) “Discovery” is the process through which parties obtain information from each other in order
to prepare for trial or enforce a judgment. The term does not refer to any information that
a party is entitled to under applicable law.
(l) “Dismissed without prejudice” means a case has been dismissed but has not been finally
decided and may be refiled.
(m) “Dismissed with prejudice” means a case has been dismissed and finally decided and may
not be refiled.
(n) “Judge” is a justice of the peace.
(o) “Judgment” is a final order by the court that states the relief, if any, a party is entitled to or
must provide.
(p) “Jurisdiction” is the authority of the court to hear and decide a case.
(q) “Motion” is a request that the court make a specified ruling or order.
(r) “Notice” is a document prepared and delivered by the court or a party stating that something
is required of the party receiving the notice.
(s) “Party” is a person or entity involved in the case that is either suing or being sued, including
all plaintiffs, defendants, and third parties that have been joined in the case.
(t) “Petition” is a formal written application stating a party’s claims and requesting relief from
the court. It is the first document filed with the court to begin a lawsuit.
(u) “Plaintiff” is a party who sues, including a defendant who files a counterclaim.
(v) “Pleading” is a written document filed by a party, including a petition and an answer, that
states a claim or defense and outlines the relief sought.
(w) “Relief” is the remedy a party requests from the court, such as the recovery of money or the
return of property.
(x) “Serve” and “service” are delivery of citation as required by Rule 501.2, or of a document
as required by Rule 501.4.
(y) “Sworn” means signed in front of someone authorized to take oaths, such as a notary, or
signed under penalty of perjury. Filing a false sworn document can result in criminal
prosecution.
(z) “Third party claim” is a claim brought by a party being sued against someone who is not yet
a party to the case.
RULE 500.3. APPLICATION OF RULES IN JUSTICE COURT CASES
(a) Small Claims Case. A small claims case is a lawsuit brought for the recovery of money
damages, civil penalties, personal property, or other relief allowed by law. The claim can
be for no more than $10,000, excluding statutory interest and court costs but including
attorney fees, if any. Small claims cases are governed by Rules 500-507 of Part V of the
Rules of Civil Procedure.
(b) Debt Claim Case. A debt claim case is a lawsuit brought to recover a debt by an assignee of
a claim, a debt collector or collection agency, a financial institution, or a person or entity
primarily engaged in the business of lending money at interest. The claim can be for no
more than $10,000, excluding statutory interest and court costs but including attorney fees,
if any. Debt claim cases in justice court are governed by Rules 500-507 and 508 of Part V
of the Rules of Civil Procedure. To the extent of any conflict between Rule 508 and the rest
of Part V, Rule 508 applies.
(c) Repair and Remedy Case. A repair and remedy case is a lawsuit filed by a residential tenant
under Chapter 92, Subchapter B of the Texas Property Code to enforce the landlord’s duty
to repair or remedy a condition materially affecting the physical health or safety of an
ordinary tenant. The relief sought can be for no more than $10,000, excluding statutory
interest and court costs but including attorney fees, if any. Repair and remedy cases are
governed by Rules 500-507 and 509 of Part V of the Rules of Civil Procedure. To the extent
of any conflict between Rule 509 and the rest of Part V, Rule 509 applies.
(d) Eviction Case. An eviction case is a lawsuit brought to recover possession of real property
under Chapter 24 of the Texas Property Code, often by a landlord against a tenant. A claim
for rent may be joined with an eviction case if the amount of rent due and unpaid is not more
than $10,000, excluding statutory interest and court costs but including attorney fees, if any.
Eviction cases are governed by Rules 500-507 and 510 of Part V of the Rules of Civil
Procedure. To the extent of any conflict between Rule 510 and the rest of Part V, Rule 510
applies.
(e) Application of Other Rules. The other Rules of Civil Procedure and the Rules of Evidence
do not apply except:
(1) when the judge hearing the case determines that a particular rule must be followed
to ensure that the proceedings are fair to all parties; or
(2) when otherwise specifically provided by law or these rules.
(f) Examination of Rules. The court must make the Rules of Civil Procedure and the Rules of
Evidence available for examination, either in paper form or electronically, during the court’s
business hours.
RULE 500.4. REPRESENTATION IN JUSTICE COURT CASES
(a) Representation of an Individual. An individual may:
(1) represent himself or herself;
(2) be represented by an authorized agent in an eviction case; or
(3) be represented by an attorney.
(b) Representation of a Corporation or Other Entity. A corporation or other entity may:
(1) be represented by an employee, owner, officer, or partner of the entity who is not an
attorney;
(2) be represented by a property manager or other authorized agent in an eviction case;
or
(3) be represented by an attorney.
(c) Assisted Representation. The court may, for good cause, allow an individual representing
himself or herself to be assisted in court by a family member or other individual who is not
being compensated.
RULE 500.5. COMPUTATION OF TIME; TIMELY FILING
(a) Computation of Time. To compute a time period in these rules:
(1) exclude the day of the event that triggers the period;
(2) count every day, including Saturdays, Sundays, and legal holidays; and
(3) include the last day of the period, but
(A) if the last day is a Saturday, Sunday, or legal holiday, the time period is
extended to the next day that is not a Saturday, Sunday, or legal holiday; and
(B) if the last day for filing falls on a day during which the court is closed before
5:00 p.m., the time period is extended to the court’s next business day.
(b) Timely Filing by Mail. Any document required to be filed by a given date is considered
timely filed if deposited in the U.S. mail on or before that date, and received within 10 days
of the due date. A legible postmark affixed by the United States Postal Service is evidence
of the date of mailing.
(c) Extensions. The judge may, for good cause shown, extend any time period under these rules
except those relating to new trial and appeal.
RULE 500.6. JUDGE TO DEVELOP THE CASE
In order to develop the facts of the case, a judge may question a witness or party and may summon
any person or party to appear as a witness when the judge considers it necessary to ensure a correct
judgment and a speedy disposition.
RULE 500.7. EXCLUSION OF WITNESSES
The court must, on a party’s request, or may, on its own initiative, order witnesses excluded so that
they cannot hear the testimony of other witnesses. This rule does not authorize the exclusion of:
(a) a party who is a natural person or the spouse of such natural person;
(b) an officer or employee designated as a representative of a party who is not a natural person;
or
(c) a person whose presence is shown by a party to be essential to the presentation of the party’s
case.
RULE 500.8. SUBPOENAS
(a) Use. A subpoena may be used by a party or the judge to command a person or entity to
attend and give testimony at a hearing or trial. A person may not be required by subpoena
to appear in a county that is more than 150 miles from where the person resides or is served.
(b) Who Can Issue. A subpoena may be issued by the clerk of the justice court or an attorney
authorized to practice in the State of Texas, as an officer of the court.
(c) Form. Every subpoena must be issued in the name of the “State of Texas” and must:
(1) state the style of the suit and its case number;
(2) state the court in which the suit is pending;
(3) state the date on which the subpoena is issued;
(4) identify the person to whom the subpoena is directed;
(5) state the date, time, place, and nature of the action required by the person to whom
the subpoena is directed;
(6) identify the party at whose instance the subpoena is issued, and the party’s attorney
of record, if any;
(7) state that “Failure by any person without adequate excuse to obey a subpoena served
upon that person may be deemed a contempt of court from which the subpoena is
issued and may be punished by fine or confinement, or both”; and
(8) be signed by the person issuing the subpoena.
(d) Service: Where, By Whom, How. A subpoena may be served at any place within the State
of Texas by any sheriff or constable of the State of Texas, or by any person who is not a
party and is 18 years of age or older. A subpoena must be served by delivering a copy to the
witness and tendering to that person any fees required by law. If the witness is a party and
is represented by an attorney of record in the proceeding, the subpoena may be served on the
witness’s attorney of record. Proof of service must be made by filing either:
(1) the witness’s signed written memorandum attached to the subpoena showing that the
witness accepted the subpoena; or
(2) a statement by the person who made the service stating the date, time, and manner
of service, and the name of the person served.
(e) Compliance Required. A person commanded by subpoena to appear and give testimony
must remain at the hearing or trial from day to day until discharged by the court or by the
party summoning the witness. If a subpoena commanding testimony is directed to a
corporation, partnership, association, governmental agency, or other organization, and the
matters on which examination is requested are described with reasonable particularity, the
organization must designate one or more persons to testify on its behalf as to matters known
or reasonably available to the organization.
(f) Objection. A person commanded to attend and give testimony at a hearing or trial may
object or move for a protective order before the court at or before the time and place
specified for compliance. A party causing a subpoena to issue must take reasonable steps
to avoid imposing undue burden or expense on the person served. In ruling on objections
or motions for protection, the court must provide a person served with a subpoena an
adequate time for compliance and protection from undue burden or expense. The court may
impose reasonable conditions on compliance with a subpoena, including compensating the
witness for undue hardship.
(g) Enforcement. Failure by any person without adequate excuse to obey a subpoena served
upon that person may be deemed a contempt of the court from which the subpoena is issued
or of a district court in the county in which the subpoena is served, and may be punished by
fine or confinement, or both. A fine may not be imposed, nor a person served with a
subpoena attached, for failure to comply with a subpoena without proof of service and proof
by affidavit of the party requesting the subpoena or the party’s attorney of record that all fees
due the witness by law were paid or tendered.
RULE 500.9. DISCOVERY
(a) Pretrial Discovery. Pretrial discovery is limited to that which the judge considers reasonable
and necessary. Any requests for pretrial discovery must be presented to the court for
approval by written motion. The motion must be served on the responding party. Unless
a hearing is requested, the judge may rule on the motion without a hearing. The discovery
request must not be served on the responding party unless the judge issues a signed order
approving the request. Failure to comply with a discovery order can result in sanctions,
including dismissal of the case or an order to pay the other party’s discovery expenses.
(b) Post-judgment Discovery. Post-judgment discovery is not required to be filed with the court.
The party requesting discovery must give the responding party at least 30 days to respond
to a post-judgment discovery request. The responding party may file a written objection
with the court within 30 days of receiving the request. If an objection is filed, the judge must
hold a hearing to determine if the request is valid. If the objection is denied, the judge must
order the party to respond to the request. If the objection is upheld, the judge may reform
the request or dismiss it entirely.
RULE 501. CITATION AND SERVICE
RULE 501.1. CITATION
(a) Issuance. When a petition is filed with a justice court to initiate a suit, the clerk must
promptly issue a citation and deliver the citation as directed by the plaintiff. The plaintiff
is responsible for obtaining service on the defendant of the citation and a copy of the petition
with any documents filed with the petition. Upon request, separate or additional citations
must be issued by the clerk. The clerk must retain a copy of the citation in the court’s file.
(b) Form. The citation must:
(1) be styled “The State of Texas”;
(2) be signed by the clerk under seal of court or by the judge;
(3) contain the name, location, and address of the court;
(4) show the date of filing of the petition;
(5) show the date of issuance of the citation;
(6) show the file number and names of parties;
(7) be directed to the defendant;
(8) show the name and address of attorney for plaintiff, or if the plaintiff does not have
an attorney, the address of plaintiff; and
(9) notify defendant that if the defendant fails to file an answer, judgment by default may
be rendered for the relief demanded in the petition.
(c) Notice. The citation must include the following notice to the defendant in boldface type:
“You have been sued. You may employ an attorney to help you in defending against this
lawsuit. But you are not required to employ an attorney. You or your attorney must file an
answer with the court. Your answer is due by the end of the 14th day after the day you were
served with these papers. If the 14th day is a Saturday, Sunday, or legal holiday, your
answer is due by the end of the first day following the 14th day that is not a Saturday,
Sunday, or legal holiday. Do not ignore these papers. If you do not file an answer by the
due date, a default judgment may be taken against you. For further information, consult Part
Vof the Texas Rules of Civil Procedure, which is available online and also at the court listed
on this citation.”
(d) Copies. The plaintiff must provide enough copies to be served on each defendant. If the
plaintiff fails to do so, the clerk may make copies and charge the plaintiff the allowable
copying cost.
RULE 501.2. SERVICE OF CITATION
(a) Who May Serve. No person who is a party to or interested in the outcome of the suit may
serve citation in that suit, and, unless otherwise authorized by written court order, only a
sheriff or constable may serve a citation in an eviction case, a writ that requires the actual
taking of possession of a person, property or thing, or process requiring that an enforcement
action be physically enforced by the person delivering the process. Other citations may be
served by:
(1) a sheriff or constable;
(2) a process server certified under order of the Supreme Court;
(3) the clerk of the court, if the citation is served by registered or certified mail; or
(4) a person authorized by court order who is 18 years of age or older.
(b) Method of Service. Citation must be served by:
(1) delivering a copy of the citation with a copy of the petition attached to the defendant
in person, after endorsing the date of delivery on the citation; or
(2) mailing a copy of the citation with a copy of the petition attached to the defendant
by registered or certified mail, restricted delivery, with return receipt or electronic
return receipt requested.
(c) Service Fees. A plaintiff must pay all fees for service unless the plaintiff has filed a sworn
statement of inability to pay the fees with the court. If the plaintiff has filed a sworn
statement of inability to pay, the plaintiff must arrange for the citation to be served by a
sheriff, constable, or court clerk.
(d) Service on Sunday. A citation cannot be served on a Sunday except in attachment,
garnishment, sequestration, or distress proceedings.
(e) Alternative Service of Citation. If the methods under (b) are insufficient to serve the
defendant, the plaintiff, or the constable, sheriff, process server certified under order of the
Supreme Court, or other person authorized to serve process, may make a request for
alternative service. This request must include a sworn statement describing the methods
attempted under (b) and stating the defendant’s usual place of business or residence, or other
place where the defendant can probably be found. The court may authorize the following
types of alternative service:
(1) mailing a copy of the citation with a copy of the petition attached by first class mail
to the defendant at a specified address, and also leaving a copy of the citation with
petition attached at the defendant’s residence or other place where the defendant can
probably be found with any person found there who is at least 16 years of age; or
(2) mailing a copy of the citation with a copy of the petition attached by first class mail
to the defendant at a specified address, and also serving by any other method that the
court finds is reasonably likely to provide the defendant with notice of the suit.
(f) Service by Publication. In the event that service of citation by publication is necessary, the
process is governed by the rules in county and district court.
RULE 501.3. DUTIES OF OFFICER OR PERSON RECEIVING CITATION; RETURN OF
SERVICE
(a) Endorsement; Execution; Return. The officer or authorized person to whom process is
delivered must:
(1) endorse on the process the date and hour on which he or she received it;
(2) execute and return the same without delay; and
(3) complete a return of service, which may, but need not, be endorsed on or attached
to the citation.
(b) Contents of Return. The return, together with any document to which it is attached, must
include the following information:
(1) the case number and case name;
(2) the court in which the case is filed;
(3) a description of what was served;
(4) the date and time the process was received for service;
(5) the person or entity served;
(6) the address served;
(7) the date of service or attempted service;
(8) the manner of delivery of service or attempted service;
(9) the name of the person who served or attempted service;
(10) if the person named in (9) is a process server certified under Supreme Court Order,
his or her identification number and the expiration date of his or her certification; and
(11) any other information required by rule or law.
(c) Citation by Mail. When the citation is served by registered or certified mail as authorized
by Rule 501.2(b)(2), the return by the officer or authorized person must also contain the
receipt with the addressee’s signature.
(d) Failure to Serve. When the officer or authorized person has not served the citation, the
return must show the diligence used by the officer or authorized person to execute the same
and the cause of failure to execute it, and where the defendant is to be found, if ascertainable.
(e) Signature. The officer or authorized person who serves or attempts to serve a citation must
sign the return. If the return is signed by a person other than a sheriff, constable, or clerk of
the court, the return must either be verified or be signed under penalty of perjury. A return
signed under penalty of perjury must contain the statement below in substantially the
following form:
“My name is (First) (Middle) (Last) , my date of birth is (Month) (Day), (Year) , and my
address is (Street), (City), (State) (Zip Code), (Country) . I declare under penalty of
perjury that the foregoing is true and correct.
Executed in County, State of , on the day of (Month) , (Year) .
Declarant”
(f) Alternative Service. Where citation is executed by an alternative method as authorized by
501.2(e), proof of service must be made in the manner ordered by the court.
(g) Filing Return. The return and any document to which it is attached must be filed with the
court and may be filed electronically or by fax, if those methods of filing are available.
(h) Prerequisite for Default Judgment. No default judgment may be granted in any case until
proof of service as provided by this rule, or as ordered by the court in the event citation is
executed by an alternative method under 501.2(e), has been on file with the clerk of the court
3 days, exclusive of the day of filing and the day of judgment.
RULE 501.4. SERVICE OF PAPERS OTHER THAN CITATION
(a) Method of Service. Other than a citation or oral motions made during trial or when all
parties are present, every notice required by these rules, and every pleading, plea, motion,
application to the court for an order, or other form of request, must be served on all other
parties in one of the following ways:
(1) In person. A copy may be delivered to the party to be served, or the party’s duly
authorized agent or attorney of record, in person or by agent.
(2) Mail or courier. A copy may be sent by courier-receipted delivery or by certified or
registered mail, to the party’s last known address. Service by certified or registered
mail is complete when the document is properly addressed and deposited in the
United States mail, postage prepaid.
(3) Fax. A copy may be faxed to the recipient’s current fax number. Service by fax after
5:00 p.m. local time of the recipient will be deemed to have been served on the
following day.
(4) Email. A copy may be sent to an email address expressly provided by the receiving
party, if the party has consented to email service in writing. Service by email after
5:00 p.m. local time of the recipient will be deemed to have been served on the
following day.
(5) Other. A copy may be delivered in any other manner directed by the court.
(b) Timing. If a document is served by mail, 3 days will be added to the length of time a party
has to respond to the document. Notice of any hearing requested by a party must be served
on all other parties not less than 3 days before the time specified for the hearing.
(c) Who May Serve. Documents other than a citation may be served by a party to the suit, an
attorney of record, a sheriff or constable, or by any other person competent to testify.
(d) Certificate of Service. The party or the party’s attorney of record must include in writing on
all documents filed a signed statement describing the manner in which the document was
served on the other party or parties and the date of service. A certificate by a party or the
party’s attorney of record, or the return of the officer, or the sworn statement of any other
person showing service of a notice is proof of service.
(e) Failure to Serve. A party may offer evidence or testimony that a notice or document was
not received, or, if service was by mail, that it was not received within 3 days from the date
of mailing, and upon so finding, the court may extend the time for taking the action required
of the party or grant other relief as it deems just.
RULE 502. INSTITUTION OF SUIT
RULE 502.1. PLEADINGS AND MOTIONS MUST BE WRITTEN, SIGNED, AND FILED
Except for oral motions made during trial or when all parties are present, every pleading, plea,
motion, application to the court for an order, or other form of request must be written and signed by
the party or its attorney and must be filed with the court. A document may be filed with the court
by personal or commercial delivery, by mail, or electronically, if the court allows electronic filing.
Electronic filing is governed by Rule 21.
RULE 502.2. PETITION
(a) Contents. To initiate a lawsuit, a petition must be filed with the court. A petition must
contain:
(1) the name of the plaintiff;
(2) the name, address, telephone number, and fax number, if any, of the plaintiff’s
attorney, if applicable, or the address, telephone number, and fax number, if any, of
the plaintiff;
(3) the name, address, and telephone number, if known, of the defendant;
(4) the amount of money, if any, the plaintiff seeks;
(5) a description and claimed value of any personal property the plaintiff seeks;
(6) a description of any other relief reqested;
(7) the basis for the plaintiff’s claim against the defendant; and
(8) if the plaintiff consents to email service of the answer and any other motions or
pleadings, a statement consenting to email service and email contact information.
(b) Justice Court Civil Case Information Sheet. A justice court civil case information sheet, in
the form promulgated by the Supreme Court of Texas, must accompany the filing of a
petition and must be signed by the plaintiff or the plaintiff’s attorney. The justice court civil
case information sheet is for data collection for statistical and administrative purposes and
does not affect any substantive right. The court may not reject a pleading because the
pleading is not accompanied by a justice court civil case information sheet.
RULE 502.3. FEES; INABILITY TO PAY
(a) Fees and Statement of Inability to Pay. On filing the petition, the plaintiff must pay the
appropriate filing fee and service fees, if any, with the court. A plaintiff who is unable to
afford to pay the fees must file a sworn statement of inability to pay. Upon filing the
statement, the clerk must docket the action, issue citation, and provide any other customary
services.
(b) Contents of Statement of Inability to Pay.
(1) The statement must contain complete information as to the party’s identity, nature
and amount of governmental entitlement income, nature and amount of employment
income, other income (interest, dividends, etc.), spouse’s income if available to the
party, property owned (other than homestead), cash or checking account, dependents,
debts, and monthly expenses.
(2) The statement must contain the following: “I am unable to pay court fees. I verify
that the statements made in this statement are true and correct.” The statement must
be sworn before a notary public or other officer authorized to administer oaths or be
signed under penalty of perjury.
(c) IOLTA Certificate. If the party is represented by an attorney who is providing free legal
services because of the party’s indigence, without contingency, and the attorney is providing
services either directly or by referral from a program funded by the Interest on Lawyers
Trust Accounts (IOLTA) program, the attorney may file an IOLTA certificate confirming
that the IOLTA funded program screened the party for income eligibility under the IOLTA
income guidelines. A party’s statement of inability to pay accompanied by an attorney’s
IOLTA certificate may not be contested under (d).
(d) Contest. Unless an IOLTA certificate is filed, the defendant may file a contest of the
statement of inability to pay at any time within 7 days after the day the defendant’s answer
is due. If the statement attests to receipt of government entitlement based on indigence, the
statement may only be contested with regard to the veracity of the attestation. If contested,
the judge must hold a hearing to determine the plaintiff’s ability to pay. At the hearing, the
burden is on the party who filed the statement to prove its inability to pay. The judge may,
regardless of whether the defendant contests the statement, examine the statement and
conduct a hearing to determine the plaintiff’s ability to pay. If the judge determines that the
plaintiff is able to afford the fees, the judge must enter a written order listing the reasons for
the determination, and the plaintiff must pay the fees in the time specified in the order or the
case will be dismissed without prejudice.
RULE 502.4. VENUE — WHERE A LAWSUIT MAY BE BROUGHT
(a) Applicable Law. Laws specifying the venue – the county and precinct where a lawsuit may
be brought – are found in Chapter 15, Subchapter E of the Texas Civil Practice and
Remedies Code, which is available online and for examination during the court’s business
hours.
(b) General Rule. Generally, a defendant in a small claims case as described in Rule 500.3(a)
or a debt claim case as described in Rule 500.3(b) is entitled to be sued in one of the
following venues:
(1) the county and precinct where the defendant resides;
(2) the county and precinct where the incident, or the majority of incidents, that gave rise
to the claim occurred;
(3) the county and precinct where the contract or agreement, if any, that gave rise to the
claim was to be performed; or
(4) the county and precinct where the property is located, in a suit to recover personal
property.
(c) Non-Resident Defendant; Defendant’s Residence Unknown. If the defendant is a
non-resident of Texas, or if defendant’s residence is unknown, the plaintiff may file the suit
in the county and precinct where the plaintiff resides.
(d) Motion to Transfer Venue. If a plaintiff files suit in an improper venue, a defendant may
challenge the venue selected by filing a motion to transfer venue. The motion must be filed
before trial, no later than 21 days after the day the defendant’s answer is filed, and must
contain a sworn statement that the venue chosen by the plaintiff is improper and a specific
county and precinct of proper venue to which transfer is sought. If the defendant fails to
name a county and precinct, the court must instruct the defendant to do so and allow the
defendant 7 days to cure the defect. If the defendant fails to correct the defect, the motion
will be denied, and the case will proceed in the county and precinct where it was originally
filed.
(1) Procedure.
(A) Judge to Set Hearing. If a defendant files a motion to transfer venue, the
judge must set a hearing on the motion.
(B) Response. A plaintiff may file a response to a defendant’s motion to transfer
venue.
(C) Hearing. The parties may present evidence at the hearing. A witness may
testify at a hearing, either in person or, with permission of the court, by
means of telephone or an electronic communication system.
(D) Judge’s Decision. If the motion is granted, the judge must sign an order
designating the court to which the case will be transferred. If the motion is
denied, the case will be heard in the court in which the plaintiff initially filed
suit.
(E) Review. Motions for rehearing and interlocutory appeals of the judge’s
ruling on venue are not permitted.
(F) Time for Trial of the Case. No trial may be held until at least the 14th day
after the judge’s ruling on the motion to transfer venue.
(G) Order. An order granting a motion to transfer venue must state the reason
for the transfer and the name of the court to which the transfer is made.
When such an order of transfer is made, the judge who issued the order must
immediately make out a true and correct transcript of all the entries made on
the docket in the case, certify the transcript, and send the transcript, with a
certified copy of the bill of costs and the original papers in the case, to the
court in the precinct to which the case has been transferred. The court
receiving the case must then notify the plaintiff that the case has been
received and, if the case is transferred to a different county, that the plaintiff
has 14 days after receiving the notice to pay the filing fee in the new court,
or file a sworn statement of inability to pay. The plaintiff is not entitled to
a refund of any fees already paid. Failure to pay the fee or file a sworn
statement of inability to pay will result in dismissal of the case without
prejudice.
(e) Fair Trial Venue Change. If a party believes it cannot get a fair trial in a specific precinct
or before a specific judge, the party may file a sworn motion stating such, supported by the
sworn statements of two other credible persons, and specifying if the party is requesting a
change of location or a change of judge. Except for good cause shown, this motion must
be filed no less than 7 days before trial. If the party seeks a change of judge, the judge must
exchange benches with another qualified justice of the peace, or if no judge is available to
exchange benches, the county judge must appoint a visiting judge to hear the case. If the
party seeks a change in location, the case must be transferred to the nearest justice court in
the county that is not subject to the same or some other disqualification. If there is only one
justice of the peace precinct in the county, then the judge must exchange benches with
another qualified justice of the peace, or if no judge is available to exchange benches, the
county judge must appoint a visiting judge to hear the case. In cases where exclusive
jurisdiction is within a specific precinct, as in eviction cases, the only remedy available is
a change of judge. A party may apply for relief under this rule only one time in any given
lawsuit.
(f) Transfer of Venue by Consent. On the written consent of all parties or their attorneys, filed
with the court, venue must be transferred to the court of any other justice of the peace of the
county, or any other county.
RULE 502.5. ANSWER
(a) Requirements. A defendant must file with the court a written answer to a lawsuit as directed
by the citation and must also serve a copy of the answer on the plaintiff. The answer must
contain:
(1) the name of the defendant;
(2) the name, address, telephone number, and fax number, if any, of the defendant’s
attorney, if applicable, or the address, telephone number, and fax number, if any, of
the defendant; and
(3) if the defendant consents to email service, a statement consenting to email service
and email contact information.
(b) General Denial. An answer that denies all of the plaintiff’s allegations without specifying
the reasons is sufficient to constitute an answer or appearance and does not bar the defendant
from raising any defense at trial.
(c) Answer Docketed. The defendant’s appearance must be noted on the court’s docket.
(d) Due Date. Unless the defendant is served by publication, the defendant’s answer is due by
the end of the 14th day after the day the defendant was served with the citation and petition,
but
(1) if the 14th day is a Saturday, Sunday, or legal holiday, the answer is due on the next
day that is not a Saturday, Sunday, or legal holiday; and
(2) if the 14th day falls on a day during which the court is closed before 5:00 p.m., the
answer is due on the court’s next business day.
(e) Due Date When Defendant Served by Publication. If a defendant is served by publication,
the defendant’s answer is due by the end of the 42nd day after the day the citation was
issued, but
(1) if the 42nd day is a Saturday, Sunday, or legal holiday, the answer is due on the next
day that is not a Saturday, Sunday, or legal holiday; and
(2) if the 42nd day falls on a day during which the court is closed before 5:00 p.m., the
answer is due on the court’s next business day.
RULE 502.6. COUNTERCLAIM; CROSS-CLAIM; THIRD PARTY CLAIM
(a) Counterclaim. A defendant may file a petition stating as a counterclaim any claim against
a plaintiff that is within the jurisdiction of the justice court, whether or not related to the
claims in the plaintiff’s petition. The defendant must file a counterclaim petition as provided
in Rule 502.2, and must pay a filing fee or provide a sworn statement of inability to pay the
fees. The court need not generate a citation for a counterclaim and no answer to the
counterclaim need be filed. The defendant must serve a copy of the counterclaim as
provided by Rule 501.4.
(b) Cross-Claim. A plaintiff seeking relief against another plaintiff, or a defendant seeking
relief against another defendant may file a cross-claim. The filing party must file a crossclaim
petition as provided in Rule 502.2, and must pay a filing fee or provide a sworn
statement of inability to pay the fees. A citation must be issued and served as provided by
Rule 501.2 on any party that has not yet filed a petition or an answer, as appropriate. If the
party filed against has filed a petition or an answer, the filing party must serve the
cross-claim as provided by Rule 501.4.
(c) Third Party Claim. A defendant seeking to bring another party into a lawsuit who may be
liable for all or part of the plaintiff’s claim against the defendant may file a petition as
provided in Rule 502.2, and must pay a filing fee or provide a sworn statement of inability
to pay the fees. A citation must be issued and served as provided by Rule 501.2.
RULE 502.7. AMENDING AND CLARIFYING PLEADINGS
(a) Amending Pleadings. A party may withdraw something from or add something to a
pleading, as long as the amended pleading is filed and served as provided by Rule 501.4 not
less than 7 days before trial. The court may allow a pleading to be amended less than 7 days
before trial if the amendment will not operate as a surprise to the opposing party.
(b) Insufficient Pleadings. A party may file a motion with the court asking that another party
be required to clarify a pleading. The court must determine if the pleading is sufficient to
place all parties on notice of the issues in the lawsuit, and may hold a hearing to make that
determination. If the court determines a pleading is insufficient, the court must order the
party to amend the pleading and set a date by which the party must amend. If a party fails
to comply with the court’s order, the pleading may be stricken.
RULE 503. DEFAULT JUDGMENT; PRE-TRIAL MATTERS; TRIAL
RULE 503.1. IF DEFENDANT FAILS TO ANSWER
(a) Default Judgment. If the defendant fails to file an answer by the date stated in Rule 502.5,
the judge must ensure that service was proper, and may hold a hearing for this purpose. If
it is determined that service was proper, the judge must render a default judgment in the
following manner:
(1) Claim Based on Written Document. If the claim is based on a written document
signed by the defendant, and a copy of the document has been filed with the court
and served on the defendant, along with a sworn statement from the plaintiff that this
is a true and accurate copy of the document and the relief sought is owed, and all
payments, offsets or credits due to the defendant have been accounted for, the judge
must render judgment for the plaintiff in the requested amount, without any necessity
for a hearing. The plaintiff’s attorney may also submit affidavits supporting an
award of attorney fees to which the plaintiff is entitled, if any.
(2) Other Cases. Except as provided in (1), a plaintiff who seeks a default judgment
against a defendant must request a hearing, orally or in writing. The plaintiff must
appear at the hearing and provide evidence of its damages. If the plaintiff proves its
damages, the judge must render judgment for the plaintiff in the amount proven. If
the plaintiff is unable to prove its damages, the judge must render judgment in favor
of the defendant. With the permission of the court, a party may appear at a hearing
by means of telephone or an electronic communication system.
(b) Appearance. If a defendant files an answer or otherwise appears in a case before a default
judgment is signed by the judge, the judge must not enter a default judgment and the case
must be set for trial as described in Rule 503.3.
(c) Post-Answer Default. If a defendant who has answered fails to appear for trial, the court may
proceed to hear evidence on liability and damages and render judgment accordingly.
(d) Notice. The plaintiff requesting a default judgment must provide to the clerk in writing the
last known mailing address of the defendant at or before the time the judgment is signed.
When a default judgment is signed, the clerk must immediately mail written notice of the
judgment to the defendant at the address provided by the plaintiff, and note the fact of such
mailing on the docket. The notice must state the number and style of the case, the court in
which the case is pending, the names of the parties in whose favor and against whom the
judgment was rendered, and the date the judgment was signed. Failure to comply with the
provisions of this rule does not affect the finality of the judgment.
RULE 503.2. SUMMARY DISPOSITION
(a) Motion. A party may file a sworn motion for summary disposition of all or part of a claim
or defense without a trial. The motion must set out all supporting facts. All documents on
which the motion relies must be attached. The motion must be granted if it shows that:
(1) there are no genuinely disputed facts that would prevent a judgment in favor of the
party;
(2) there is no evidence of one or more essential elements of a defense which the
defendant must prove to defeat the plaintiff’s claim; or
(3) there is no evidence of one or more essential elements of the plaintiff’s claim.
(b) Response. The party opposing the motion may file a sworn written response to the motion.
(c) Hearing. The court must not consider a motion for summary disposition until it has been on
file for at least 14 days. The judge may consider evidence offered by the parties at the
hearing. By agreement of the parties, the judge may decide the motion and response without
a hearing.
(d) Order. The judge may enter judgment as to the entire case or may specify the facts that are
established and direct such further proceedings in the case as are just.
RULE 503.3. SETTINGS AND NOTICE; POSTPONING TRIAL
(a) Settings and Notice. After the defendant answers, the case will be set on a trial docket at the
discretion of the judge. The court must send a notice of the date, time, and place of this
setting to all parties at their address of record no less than 45 days before the setting date,
unless the judge determines that an earlier setting is required in the interest of justice.
Reasonable notice of all subsequent settings must be sent to all parties at their addresses of
record.
(b) Postponing Trial. A party may file a motion requesting that the trial be postponed. The
motion must state why a postponement is necessary. The judge, for good cause, may
postpone any trial for a reasonable time.
RULE 503.4. PRETRIAL CONFERENCE
(a) Conference Set; Issues. If all parties have appeared in a lawsuit, the court, at any party’s
request or on its own, may set a case for a pretrial conference. Reasonable notice must be
sent to all parties at their addresses of record. Appropriate issues for the pretrial conference
include:
(1) discovery;
(2) the amendment or clarification of pleadings;
(3) the admission of facts and documents to streamline the trial process;
(4) a limitation on the number of witnesses at trial;
(5) the identification of facts, if any, which are not in dispute between the parties;
(6) mediation or other alternative dispute resolution services;
(7) the possibility of settlement;
(8) trial setting dates that are amenable to the court and all parties;
(9) the appointment of interpreters, if needed;
(10) the application of a Rule of Civil Procedure not in Part V or a Rule of Evidence; and
(11) any other issue that the court deems appropriate.
(b) Eviction Cases. The court must not schedule a pretrial conference in an eviction case if it
would delay trial.
RULE 503.5. ALTERNATIVE DISPUTE RESOLUTION
(a) State Policy. The policy of this state is to encourage the peaceable resolution of disputes
through alternative dispute resolution, including mediation, and the early settlement of
pending litigation through voluntary settlement procedures. For that purpose, the judge may
order any case to mediation or another appropriate and generally accepted alternative dispute
resolution process.
(b) Eviction Cases. The court must not order mediation or any other alternative dispute
resolution process in an eviction case if it would delay trial.
RULE 503.6. TRIAL
(a) Docket Called. On the day of the trial setting, the judge must call all of the cases set for trial
that day.
(b) If Plaintiff Fails to Appear. If the plaintiff fails to appear when the case is called for trial,
the judge may postpone or dismiss the suit.
(c) If Defendant Fails to Appear. If the defendant fails to appear when the case is called for
trial, the judge may postpone the case, or may proceed to take evidence. If the plaintiff
proves its case, judgment must be awarded for the relief proven. If the plaintiff fails to prove
its case, judgment must be rendered against the plaintiff.
RULE 504. JURY
RULE 504.1. JURY TRIAL DEMANDED
(a) Demand. Any party is entitled to a trial by jury. A written demand for a jury must be filed
no later than 14 days before the date a case is set for trial. If the demand is not timely, the
right to a jury is waived unless the late filing is excused by the judge for good cause.
(b) Jury Fee. Unless otherwise provided by law, a party demanding a jury must pay a fee of
$22.00 or must file a sworn statement of inability to pay the fee at or before the time the
party files a written request for a jury.
(c) Withdrawal of Demand. If a party who demands a jury and pays the fee withdraws the
demand, the case will remain on the jury docket unless all other parties present agree to try
the case without a jury. A party that withdraws its jury demand is not entitled to a refund
of the jury fee.
(d) No Demand. If no party timely demands a jury and pays the fee, the judge will try the case
without a jury.
RULE 504.2. EMPANELING THE JURY
(a) Drawing Jury and Oath. If no method of electronic draw has been implemented, the judge
must write the names of all prospective jurors present on separate slips of paper as nearly
alike as may be, place them in a box, mix them well, and then draw the names one by one
from the box. The judge must list the names drawn and deliver a copy to each of the parties
or their attorneys.
(b) Oath. After the draw, the judge must swear the panel as follows: “You solemnly swear or
affirm that you will give true and correct answers to all questions asked of you concerning
your qualifications as a juror.”
(c) Questioning the Jury. The judge, the parties, or their attorneys will be allowed to question
jurors as to their ability to serve impartially in the trial but may not ask the jurors how they
will rule in the case. The judge will have discretion to allow or disallow specific questions
and determine the amount of time each side will have for this process.
(d) Challenge for Cause. A party may challenge any juror for cause. A challenge for cause is
an objection made to a juror alleging some fact, such as a bias or prejudice, that disqualifies
the juror from serving in the case or that renders the juror unfit to sit on the jury. The
challenge must be made during jury questioning. The party must explain to the judge why
the juror should be excluded from the jury. The judge must evaluate the questions and
answers given and either grant or deny the challenge. When a challenge for cause has been
sustained, the juror must be excused.
(e) Challenges Not for Cause. After the judge determines any challenges for cause, each party
may select up to 3 jurors to excuse for any reason or no reason at all. But no prospective
juror may be excused for membership in a constitutionally protected class.
(f) The Jury. After all challenges, the first 6 prospective jurors remaining on the list constitute
the jury to try the case.
(g) If Jury Is Incomplete. If challenges reduce the number of prospective jurors below 6, the
judge may direct the sheriff or constable to summon others and allow them to be questioned
and challenged by the parties as before, until at least 6 remain.
(h) Jury Sworn. When the jury has been selected, the judge must require them to take
substantially the following oath: “You solemnly swear or affirm that you will render a true
verdict according to the law and the evidence presented.”
RULE 504.3. JURY NOT CHARGED
The judge must not charge the jury.
RULE 504.4. JURY VERDICT FOR SPECIFIC ARTICLES
When the suit is for the recovery of specific articles and the jury finds for the plaintiff, the jury must
assess the value of each article separately, according to the evidence presented at trial.
RULE 505. JUDGMENT; NEW TRIAL
RULE 505.1. JUDGMENT
(a) Judgment Upon Jury Verdict. Where a jury has returned a verdict, the judge must announce
the verdict in open court, note it in the court’s docket, and render judgment accordingly. The
judge may render judgment on the verdict or, if the verdict is contrary to the law or the
evidence, judgment notwithstanding the verdict.
(b) Case Tried by Judge. When a case has been tried before the judge without a jury, the judge
must announce the decision in open court, note the decision in the court’s docket, and render
judgment accordingly.
(c) Form. A judgment must:
(1) clearly state the determination of the rights of the parties in the case;
(2) state who must pay the costs;
(3) be signed by the judge; and
(4) be dated the date of the judge’s signature.
(d) Costs. The judge must award costs allowed by law to the successful party.
(e) Judgment for Specific Articles. Where the judgment is for the recovery of specific articles,
the judgment must order that the plaintiff recover such specific articles, if they can be found,
and if not, then their value as assessed by the judge or jury with interest at the prevailing
post-judgment interest rate.
RULE 505.2. ENFORCEMENT OF JUDGMENT
Justice court judgments are enforceable in the same method as in county and district court, except
as provided by law. When the judgment is for personal property, the court may award a special writ
for the seizure and delivery of such property to the plaintiff, and may, in addition to the other relief
granted in such cases, enforce its judgment by attachment or fine.
RULE 505.3. MOTION TO SET ASIDE; MOTION TO REINSTATE; MOTION FOR NEW
TRIAL
(a) Motion to Reinstate after Dismissal. A plaintiff whose case is dismissed may file a motion
to reinstate the case no later than 14 days after the dismissal order is signed. The plaintiff
must serve the defendant with a copy of the motion no later than the next business day using
a method approved under Rule 501.4. The court may reinstate the case for good cause
shown.
(b) Motion to Set Aside Default. A defendant against whom a default judgment is granted may
file a motion to set aside the judgment no later than 14 days after the judgment is signed.
The defendant must serve the plaintiff with a copy of the motion no later than the next
business day using a method approved under Rule 501.4. The court may set aside the
judgment and set the case for trial for good cause shown.
(c) Motion for New Trial. A party may file a motion for a new trial no later than 14 days after
the judgment is signed. The party must serve all other parties with a copy of the motion no
later than the next business day using a method approved under Rule 501.4. The judge may
grant a new trial upon a showing that justice was not done in the trial of the case. Only one
new trial may be granted to either party.
(d) Motion Not Required. Failure to file a motion under this rule does not affect a party’s right
to appeal the underlying judgment.
(e) Motion Denied as a Matter of Law. If the judge has not ruled on a motion to set aside,
motion to reinstate, or motion for new trial, the motion is automatically denied at 5:00 p.m.
on the 21st day after the day the judgment was signed.
RULE 506. APPEAL
RULE 506.1. APPEAL
(a) How Taken; Time. A party may appeal a judgment by filing a bond, making a cash deposit,
or filing a sworn statement of inability to pay with the justice court within 21 days after the
judgment is signed or the motion to reinstate, motion to set aside, or motion for new trial,
if any, is denied.
(b) Amount of Bond; Sureties; Terms. A plaintiff must file a $500 bond. A defendant must file
a bond in an amount equal to twice the amount of the judgment. The bond must be
supported by a surety or sureties approved by the judge. The bond must be payable to the
appellee and must be conditioned on the appellant’s prosecution of its appeal to effect and
payment of any judgment and all costs rendered against it on appeal.
(c) Cash Deposit in Lieu of Bond. In lieu of filing a bond, an appellant may deposit with the
clerk of the court cash in the amount required of the bond. The deposit must be payable to
the appellee and must be conditioned on the appellant’s prosecution of its appeal to effect
and payment of any judgment and all costs rendered against it on appeal.
(d) Sworn Statement of Inability to Pay.
(1) Filing. An appellant who cannot furnish a bond or pay a cash deposit in the amount
required may instead file a sworn statement of inability to pay. The statement must
meet the requirements of Rule 502.3(b) and may be the same one that was filed with
the petition.
(2) Contest. The statement may be contested as provided in Rule 502.3(d) within 7 days
after the opposing party receives notice that the statement was filed.
(3) Appeal If Contest Sustained. If the contest is sustained, the appellant may appeal
that decision by filing notice with the justice court within 7 days of that court’s
written order. The justice court must then forward all related documents to the
county court for resolution. The county court must set the matter for hearing within
14 days and hear the contest de novo, as if there had been no previous hearing, and
if the appeal is granted, must direct the justice court to transmit to the clerk of the
county court the transcript, records, and papers of the case, as provided in these rules.
(4) If No Appeal or If Appeal Overruled. If the appellant does not appeal the ruling
sustaining the contest, or if the county court denies the appeal, the appellant may,
within five days, post an appeal bond or make a cash deposit in compliance with this
rule.
(e) Notice to Other Parties Required. If a statement of inability to pay is filed, the court must
provide notice to all other parties that the statement was filed no later than the next business
day. Within 7 days of filing a bond or making a cash deposit, an appellant must serve
written notice of the appeal on all other parties using a method approved under Rule 501.4.
(f) No Default on Appeal Without Compliance With Rule. The county court to which an appeal
is taken must not render default judgment against any party without first determining that
the appellant has fully complied with this rule.
(g) No Dismissal of Appeal Without Opportunity for Correction. An appeal must not be
dismissed for defects or irregularities in procedure, either of form or substance, without
allowing the appellant, after 7 days’ notice from the court, the opportunity to correct such
defect.
(h) Appeal Perfected. An appeal is perfected when a bond, cash deposit, or statement of
inability to pay is filed in accordance with this rule.
(i) Costs. The appellant must pay the costs on appeal to a county court in accordance with Rule
143a.
RULE 506.2. RECORD ON APPEAL
When an appeal has been perfected from the justice court, the judge must immediately send to the
clerk of the county court a certified copy of all docket entries, a certified copy of the bill of costs,
and the original papers in the case.
RULE 506.3. TRIAL DE NOVO
The case must be tried de novo in the county court. A trial de novo is a new trial in which the entire
case is presented as if there had been no previous trial.
RULE 506.4. WRIT OF CERTIORARI
(a) Application. Except in eviction cases, after final judgment in a case tried in justice court, a
party may apply to the county court for a writ of certiorari.
(b) Grounds. An application must be granted only if it contains a sworn statement setting forth
facts showing that either:
(1) the justice court did not have jurisdiction; or
(2) the final determination of the suit worked an injustice to the applicant that was not
caused by the applicant’s own inexcusable neglect.
(c) Bond, Cash Deposit, or Sworn Statement of Indigency to Pay Required. If the application
is granted, a writ of certiorari must not issue until the applicant has filed a bond, made a cash
deposit, or filed a sworn statement of indigency that complies with Rule 145.
(d) Time for Filing. An application for writ of certiorari must be filed within 90 days after the
date the final judgment is signed.
(e) Contents of Writ. The writ of certiorari must command the justice court to immediately
make and certify a copy of the entries in the case on the docket, and immediately transmit
the transcript of the proceedings in the justice court, together with the original papers and
a bill of costs, to the proper court.
(f) Clerk to Issue Writ and Citation. When the application is granted and the bond, cash deposit,
or sworn statement of indigency have been filed, the clerk must issue a writ of certiorari to
the justice court and citation to the adverse party.
(g) Stay of Proceedings. When the writ of certiorari is served on the justice court, the court must
stay further proceedings on the judgment and comply with the writ.
(h) Cause Docketed. The action must be docketed in the name of the original plaintiff, as
plaintiff, and of the original defendant, as defendant.
(i) Motion to Dismiss. Within 30 days after the service of citation on the writ of certiorari, the
adverse party may move to dismiss the certiorari for want of sufficient cause appearing in
the affidavit, or for want of sufficient bond. If the certiorari is dismissed, the judgment must
direct the justice court to proceed with the execution of the judgment below.
(j) Amendment of Bond or Oath. The affidavit or bond may be amended at the discretion of the
court in which it is filed.
(k) Trial De Novo. The case must be tried de novo in the county court and judgment must be
rendered as in cases appealed from justice courts. A trial de novo is a new trial in which the
entire case is presented as if there had been no previous trial.
RULE 507. ADMINISTRATIVE RULES FOR JUDGES AND COURT PERSONNEL
RULE 507.1. PLENARY POWER
A justice court loses plenary power over a case when an appeal is perfected or if no appeal is
perfected, 21 days after the later of the date judgment is signed or the date a motion to set aside,
motion to reinstate, or motion for new trial, if any, is denied.
RULE 507.2. FORMS
The court may provide forms to enable a party to file documents that comply with these rules. No
party may be forced to use the court’s forms.
RULE 507.3. DOCKET AND OTHER RECORDS
(a) Docket. Each judge must keep a civil docket in a permanent record containing the following
information:
(1) the title of all suits commenced before the court;
(2) the date when the first process was issued against the defendant, when returnable,
and the nature of that process;
(3) the date when the parties, or either of them, appeared before the court, either with or
without a citation;
(4) a description of the petition and any documents filed with the petition;
(5) every adjournment, stating at whose request and to what time;
(6) the date of the trial, stating whether the same was by a jury or by the judge;
(7) the verdict of the jury, if any;
(8) the judgment signed by the judge and the date the judgment was signed;
(9) all applications for setting aside judgments or granting new trials and the orders of
the judge thereon, with the date;
(10) the date of issuing execution, to whom directed and delivered, and the amount of
debt, damages and costs and, when any execution is returned, the date of the return
and the manner in which it was executed; and
(11) all stays and appeals that may be taken, and the date when taken, the amount of the
bond and the names of the sureties.
(b) Other Records. The judge must also keep copies of all documents filed; other dockets,
books, and records as may be required by law or these rules; and a fee book in which all
costs accruing in every suit commenced before the court are taxed.
(c) Form of Records. All records required to be kept under this rule may be maintained
electronically.
RULE 507.4. ISSUANCE OF WRITS
Every writ from the justice courts must be in writing and be issued and signed by the judge
officially. The style thereof must be “The State of Texas.” It must, except where otherwise specially
provided by law or these rules, be directed to the person or party upon whom it is to be served, be
made returnable to the court, and note the date of its issuance.
RULE 508. DEBT CLAIM CASES
RULE 508.1. APPLICATION
Rule 508 applies to a claim for the recovery of a debt brought by an assignee of a claim, a financial
institution, a debt collector or collection agency, or a person or entity primarily engaged in the
business of lending money at interest.
RULE 508.2. PETITION
(a) Contents. In addition to the information required by Rule 502.2, a petition filed in a lawsuit
governed by this rule must contain the following information:
(1) Credit Accounts. In a claim based upon a credit card, revolving credit, or open
account, the petition must state:
(A) the account name or credit card name;
(B) the account number (which may be masked);
(C) the date of issue or origination of the account, if known;
(D) the date of charge-off or breach of the account, if known;
(E) the amount owed as of a date certain; and
(F) whether the plaintiff seeks ongoing interest.
(2) Personal and Business Loans. In a claim based upon a promissory note or other
promise to pay a specific amount as of a date certain, the petition must state:
(A) the date and amount of the original loan;
(B) whether the repayment of the debt was accelerated, if known;
(C) the date final payment was due;
(D) the amount due as of the final payment date;
(E) the amount owed as of a date certain; and
(F) whether plaintiff seeks ongoing interest.
(3) Ongoing Interest. If a plaintiff seeks ongoing interest, the petition must state:
(A) the effective interest rate claimed;
(B) whether the interest rate is based upon contract or statute; and
(C) the dollar amount of interest claimed as of a date certain.
(4) Assigned Debt. If the debt that is the subject of the claim has been assigned or
transferred, the petition must state:
(A) that the debt claim has been transferred or assigned;
(B) the date of the transfer or assignment;
(C) the name of any prior holders of the debt; and
(D) the name or a description of the original creditor.
RULE 508.3. DEFAULT JUDGMENT
(a) Generally. If the defendant does not file an answer to a claim by the answer date or
otherwise appear in the case, the judge must promptly render a default judgment upon the
plaintiff’s proof of the amount of damages.
(b) Proof of the Amount of Damages.
(1) Evidence Must Be Served or Submitted. Evidence of plaintiff’s damages must either
be attached to the petition and served on the defendant or submitted to the court after
defendant’s failure to answer by the answer date.
(2) Form of Evidence. Evidence of plaintiff’s damages may be offered in a sworn
statement or in live testimony. The evidence offered may include documentary
evidence.
(3) Establishment of the Amount of Damages. The amount of damages is established
by evidence:
(A) that the account or loan was issued to the defendant and the defendant is
obligated to pay it;
(B) that the account was closed or the defendant breached the terms of the
account or loan agreement;
(C) of the amount due on the account or loan as of a date certain after all
payment credits and offsets have been applied; and
(D) that the plaintiff owns the account or loan and, if applicable, how the plaintiff
acquired the account or loan.
(4) Documentary Evidence Offered By Sworn Statement. Documentary evidence may
be considered if it is attached to a sworn statement made by the plaintiff or its
representative, a prior holder of the debt or its representative, or the original creditor
or its representative, that attests to the following:
(A) the documents were kept in the regular course of business;
(B) it was the regular course of business for an employee or representative with
knowledge of the act recorded to make the record or to transmit information
to be included in such record;
(C) the documents were created at or near the time or reasonably soon thereafter;
and
(D) the documents attached are the original or exact duplicates of the original.
(5) Consideration of Sworn Statement. A judge is not required to accept a sworn
statement if the source of information or the method or circumstances of preparation
indicate lack of trustworthiness. But a judge may not reject a sworn statement only
because it is not made by the original creditor or because the documents attested to
were created by a third party and subsequently incorporated into and relied upon by
the business of the plaintiff.
(c) Hearing. The judge may enter a default judgment without a hearing if the plaintiff submits
sufficient written evidence of its damages and should do so to avoid undue expense and
delay. Otherwise, the plaintiff may request a default judgment hearing at which the plaintiff
must appear, in person or by telephonic or electronic means, and prove its damages. If the
plaintiff proves its damages, the judge must render judgment for the plaintiff in the amount
proven. If the plaintiff is unable to prove its damages, the judge must render judgment in
favor of the defendant.
(d) Appearance. If the defendant files an answer or otherwise appears in a case before a default
judgment is signed by the judge, the judge must not render a default judgment and must set
the case for trial.
(e) Post-Answer Default. If a defendant who has answered fails to appear for trial, the court may
proceed to hear evidence on liability and damages and render judgment accordingly.
RULE 509. REPAIR AND REMEDY CASES
RULE 509.1. APPLICABILITY OF RULE
Rule 509 applies to a lawsuit filed in a justice court by a residential tenant under Chapter 92,
Subchapter B of the Texas Property Code to enforce the landlord’s duty to repair or remedy a
condition materially affecting the physical health or safety of an ordinary tenant.
RULE 509.2. CONTENTS OF PETITION; COPIES; FORMS AND AMENDMENTS
(a) Contents of Petition. The petition must be in writing and must include the following:
(1) the street address of the residential rental property;
(2) a statement indicating whether the tenant has received in writing the name and
business street address of the landlord and landlord’s management company;
(3) to the extent known and applicable, the name, business street address, and telephone
number of the landlord and the landlord’s management company, on-premises
manager, and rent collector serving the residential rental property;
(4) for all notices the tenant gave to the landlord requesting that the condition be
repaired or remedied:
(A) the date of the notice;
(B) the name of the person to whom the notice was given or the place where the
notice was given;
(C) whether the tenant’s lease is in writing and requires written notice;
(D) whether the notice was in writing or oral;
(E) whether any written notice was given by certified mail, return receipt
requested, or by registered mail; and
(F) whether the rent was current or had been timely tendered at the time notice
was given;
(5) a description of the property condition materially affecting the physical health or
safety of an ordinary tenant that the tenant seeks to have repaired or remedied;
(6) a statement of the relief requested by the tenant, including an order to repair or
remedy a condition, a reduction in rent, actual damages, civil penalties, attorney’s
fees, and court costs;
(7) if the petition includes a request to reduce the rent:
(A) the amount of rent paid by the tenant, the amount of rent paid by the
government, if known, the rental period, and when the rent is due; and
(B) the amount of the requested rent reduction and the date it should begin;
(8) a statement that the total relief requested does not exceed $10,000, excluding interest
and court costs but including attorney’s fees; and
(9) the tenant’s name, address, and telephone number.
(b) Copies. The tenant must provide the court with copies of the petition and any attachments
to the petition for service on the landlord.
(c) Forms and Amendments. A petition substantially in the form promulgated by the Supreme
Court is sufficient. A suit may not be dismissed for a defect in the petition unless the tenant
is given an opportunity to correct the defect and does not promptly correct it.
RULE 509.3. CITATION: ISSUANCE; APPEARANCE DATE; ANSWER
(a) Issuance. When the tenant files a written petition with a justice court, the judge must
immediately issue citation directed to the landlord, commanding the landlord to appear
before such judge at the time and place named in the citation.
(b) Appearance Date; Answer. The appearance date on the citation must not be less than 10 days
nor more than 21 days after the petition is filed. For purposes of this rule, the appearance
date on the citation is the trial date. The landlord may, but is not required to, file a written
answer on or before the appearance date.
RULE 509.4. SERVICE AND RETURN OF CITATION; ALTERNATIVE SERVICE OF
CITATION
(a) Service and Return of Citation. The sheriff, constable, or other person authorized by Rule
501.2 who receives the citation must serve the citation by delivering a copy of it, along with
a copy of the petition and any attachments, to the landlord at least 6 days before the
appearance date. At least one day before the appearance date, the person serving the citation
must file a return of service with the court that issued the citation. The citation must be
issued, served, and returned in like manner as ordinary citations issued from a justice court.
(b) Alternative Service of Citation.
(1) If the petition does not include the landlord’s name and business street address, or
if, after making diligent efforts on at least two occasions, the officer or authorized
person is unsuccessful in serving the citation on the landlord under (a), the officer
or authorized person must serve the citation by delivering a copy of the citation,
petition, and any attachments to:
(A) the landlord’s management company if the tenant has received written notice
of the name and business street address of the landlord’s management
company; or
(B) if (b)(1)(A) does not apply and the tenant has not received the landlord’s
name and business street address in writing, the landlord’s authorized agent
for service of process, which may be the landlord’s management company,
on-premise manager, or rent collector serving the residential rental property.
(2) If the officer or authorized person is unsuccessful in serving citation under (b)(1)
after making diligent efforts on at least two occasions at either the business street
address of the landlord’s management company, if (b)(1)(A) applies, or at each
available business street address of the landlord’s authorized agent for service of
process, if (b)(1)(B) applies, the officer or authorized person must execute and file
in the justice court a sworn statement that the officer or authorized person made
diligent efforts to serve the citation on at least two occasions at all available business
street addresses of the landlord and, to the extent applicable, the landlord’s
management company, on-premises manager, and rent collector serving the
residential rental property, providing the times, dates, and places of each attempted
service. The judge may then authorize the officer or authorized person to serve
citation by:
(A) delivering a copy of the citation, petition, and any attachments to someone
over the age of 16 years, at any business street address listed in the petition,
or, if nobody answers the door at a business street address, either placing the
citation, petition, and any attachments through a door mail chute or slipping
them under the front door, and if neither of these latter methods is practical,
affixing the citation, petition, and any attachments to the front door or main
entry to the business street address;
(B) within 24 hours of complying with (b)(2)(A), sending by first class mail a
true copy of the citation, petition, and any attachments addressed to the
landlord at the landlord’s business street address provided in the petition; and
(C) noting on the return of the citation the date of delivery under (b)(2)(A) and
the date of mailing under (b)(2)(B).
The delivery and mailing to the business street address under (b)(2)(A)-(B) must occur at
least 6 days before the appearance date. At least one day before the appearance date, a return
of service must be completed and filed in accordance with Rule 501.3 with the court that
issued the citation. It is not necessary for the tenant to request the alternative service
authorized by this rule.
RULE 509.5. DOCKETING AND TRIAL; FAILURE TO APPEAR
(a) Docketing and Trial. The case must be docketed and tried as other cases. The judge may
develop the facts of the case in order to ensure justice.
(b) Failure to Appear.
(1) If the tenant appears at trial and the landlord has been duly served and fails to appear
at trial, the judge may proceed to hear evidence. If the tenant establishes that the
tenant is entitled to recover, the judge must render judgment against the landlord in
accordance with the evidence.
(2) If the tenant fails to appear for trial, the judge may dismiss the lawsuit.
RULE 509.6. JUDGMENT: AMOUNT; FORM AND CONTENT; ISSUANCE AND
SERVICE; FAILURE TO COMPLY
(a) Amount. Judgment may be rendered against the landlord for failure to repair or remedy a
condition at the residential rental property if the total judgment does not exceed $10,000,
excluding interest and court costs but including attorney’s fees. Any party who prevails in
a lawsuit brought under these rules may recover the party’s court costs and reasonable
attorney’s fees as allowed by law.
(b) Form and Content.
(1) The judgment must be in writing, signed, and dated and must include the names of
the parties to the proceeding and the street address of the residential rental property
where the condition is to be repaired or remedied.
(2) In the judgment, the judge may:
(A) order the landlord to take reasonable action to repair or remedy the condition;
(B) order a reduction in the tenant’s rent, from the date of the first repair notice,
in proportion to the reduced rental value resulting from the condition until the
condition is repaired or remedied;
(C) award a civil penalty of one month’s rent plus $500;
(D) award the tenant’s actual damages; and
(E) award court costs and attorney’s fees, excluding any attorney’s fees for a
claim for damages relating to a personal injury.
(3) If the judge orders the landlord to repair or remedy a condition, the judgment must
include in reasonable detail the actions the landlord must take to repair or remedy the
condition and the date when the repair or remedy must be completed.
(4) If the judge orders a reduction in the tenant’s rent, the judgment must state:
(A) the amount of the rent the tenant must pay, if any;
(B) the frequency with which the tenant must pay the rent;
(C) the condition justifying the reduction of rent;
(D) the effective date of the order reducing rent;
(E) that the order reducing rent will terminate on the date the condition is
repaired or remedied; and
(F) that on the day the condition is repaired or remedied, the landlord must give
the tenant written notice, served in accordance with Rule 501.4, that the
condition justifying the reduction of rent has been repaired or remedied and
the rent will revert to the rent amount specified in the lease.
(c) Issuance and Service. The judge must issue the judgment. The judgment may be served on
the landlord in open court or by any means provided in Rule 501.4 at an address listed in the
citation, the address listed on any answer, or such other address the landlord furnishes to the
court in writing. Unless the judge serves the landlord in open court or by other means
provided in Rule 501.4, the sheriff, constable, or other authorized person who serves the
landlord must promptly file a return of service in the justice court.
(d) Failure to Comply. If the landlord fails to comply with an order to repair or remedy a
condition or reduce the tenant’s rent, the failure is grounds for citing the landlord for
contempt of court under Section 21.002 of the Texas Government Code.
RULE 509.7. COUNTERCLAIMS
Counterclaims and the joinder of suits against third parties are not permitted in suits under these
rules. Compulsory counterclaims may be brought in a separate suit. Any potential causes of action,
including a compulsory counterclaim, that are not asserted because of this rule are not precluded.
RULE 509.8. APPEAL: TIME AND MANNER; PERFECTION; EFFECT; COSTS; TRIAL
ON APPEAL
(a) Time and Manner. Either party may appeal the decision of the justice court to a statutory
county court or, if there is no statutory county court with jurisdiction, a county court or
district court with jurisdiction by filing a written notice of appeal with the justice court
within 21 days after the date the judge signs the judgment. If the judgment is amended in any
respect, any party has the right to appeal within 21 days after the date the judge signs the
new judgment, in the same manner set out in this rule.
(b) Perfection. The posting of an appeal bond is not required for an appeal under this rule, and
the appeal is considered perfected with the filing of a notice of appeal. Otherwise, the appeal
is in the manner provided by law for appeal from a justice court.
(c) Effect. The timely filing of a notice of appeal stays the enforcement of any order to repair
or remedy a condition or reduce the tenant’s rent, as well as any other actions.
(d) Costs. The appellant must pay the costs on appeal to a county court in accordance with Rule
143a.
(e) Trial on Appeal. On appeal, the parties are entitled to a trial de novo. A trial de novo is a
new trial in which the entire case is presented as if there had been no previous trial. Either
party is entitled to trial by jury on timely request and payment of a fee, if required. An appeal
of a judgment of a justice court under these rules takes precedence in the county court and
may be held at any time after the eighth day after the date the transcript is filed in the county
court.
RULE 509.9. EFFECT OF WRIT OF POSSESSION
If a judgment for the landlord for possession of the residential rental property becomes final, any
order to repair or remedy a condition is vacated and unenforceable.
RULE 510. EVICTION CASES
RULE 510.1. APPLICATION
Rule 510 applies to a lawsuit to recover possession of real property under Chapter 24 of the Texas
Property Code.
RULE 510.2. COMPUTATION OF TIME FOR EVICTION CASES
Rule 500.5 applies to the computation of time in an eviction case. But if a document is filed by mail
and not received by the court by the due date, the court may take any action authorized by these
rules, including issuing a writ of possession requiring a tenant to leave the property.
RULE 510.3. PETITION
(a) Contents. In addition to the requirements of Rule 502.2, a petition in an eviction case must
be sworn to by the plaintiff and must contain:
(1) a description, including the address, if any, of the premises that the plaintiff seeks
possession of;
(2) a description of the facts and the grounds for eviction;
(3) a description of when and how notice to vacate was delivered;
(4) the total amount of rent due and unpaid at the time of filing, if any; and
(5) a statement that attorney fees are being sought, if applicable.
(b) Where Filed. The petition must be filed in the precinct where the premises is located. If it
is filed elsewhere, the judge must dismiss the case. The plaintiff will not be entitled to a
refund of the filing fee, but will be refunded any service fees paid if the case is dismissed
before service is attempted.
(c) Defendants Named. If the eviction is based on a written residential lease, the plaintiff must
name as defendants all tenants obligated under the lease residing at the premises whom
plaintiff seeks to evict. No judgment or writ of possession may issue or be executed against
a tenant obligated under a lease and residing at the premises who is not named in the petition
and served with citation.
(d) Claim for Rent. A claim for rent within the justice court’s jurisdiction may be asserted in
an eviction case.
(e) Only Issue. The court must adjudicate the right to actual possession and not title.
Counterclaims and the joinder of suits against third parties are not permitted in eviction
cases. A claim that is not asserted because of this rule can be brought in a separate suit in
a court of proper jurisdiction.
RULE 510.4. ISSUANCE, SERVICE, AND RETURN OF CITATION
(a) Issuance of Citation; Contents. When a petition is filed, the court must immediately issue
citation directed to each defendant. The citation must:
(1) be styled “The State of Texas”;
(2) be signed by the clerk under seal of court or by the judge;
(3) contain the name, location, and address of the court;
(4) state the date of filing of the petition;
(5) state the date of issuance of the citation;
(6) state the file number and names of parties;
(7) state the plaintiff’s cause of action and relief sought;
(8) be directed to the defendant;
(9) state the name and address of attorney for plaintiff, or if the plaintiff does not have
an attorney, the address of plaintiff;
(10) state the day the defendant must appear in person for trial at the court issuing
citation, which must not be less than 10 days nor more than 21 days after the petition
is filed;
(11) notify the defendant that if the defendant fails to appear in person for trial, judgment
by default may be rendered for the relief demanded in the petition;
(12) inform the defendant that, upon timely request and payment of a jury fee no later
than 3 days before the day set for trial, the case will be heard by a jury;
(13) contain all warnings required by Chapter 24 of the Texas Property Code; and
(14) include the following statement: “For further information, consult Part V of the
Texas Rules of Civil Procedure, which is available online and also at the court listed
on this citation.”
(b) Service and Return of Citation.
(1) Who May Serve. Unless otherwise authorized by written court order, citation must
be served by a sheriff or constable.
(2) Method of Service. The constable, sheriff, or other person authorized by written
court order receiving the citation must execute it by delivering a copy with a copy
of the petition attached to the defendant, or by leaving a copy with a copy of the
petition attached with some person, other than the plaintiff, over the age of 16 years,
at the defendant’s usual place of residence, at least 6 days before the day set for trial.
(3) Return of Service. At least one day before the day set for trial, the constable, sheriff,
or other person authorized by written court order must complete and file a return of
service in accordance with Rule 501.3 with the court that issued the citation.
(c) Alternative Service by Delivery to the Premises.
(1) When Allowed. The citation may be served by delivery to the premises if:
(A) the constable, sheriff, or other person authorized by written court order is
unsuccessful in serving the citation under (b);
(B) the petition lists all home and work addresses of the defendant that are known
to the plaintiff and states that the plaintiff knows of no other home or work
addresses of the defendant in the county where the premises are located; and
(C) the constable, sheriff, or other person authorized files a sworn statement that
it has made diligent efforts to serve such citation on at least two occasions at
all addresses of the defendant in the county where the premises are located,
stating the times and places of attempted service.
(2) Authorization. The judge must promptly consider a sworn statement filed under
(1)(C) and determine whether citation may be served by delivery to the premises.
The plaintiff is not required to make a request or motion for alternative service.
(3) Method. If the judge authorizes service by delivery to the premises, the constable,
sheriff, or other person authorized by written court order must, at least 6 days before
the day set for trial:
(A) deliver a copy of the citation with a copy of the petition attached to the
premises by placing it through a door mail chute or slipping it under the front
door; if neither method is possible, the officer may securely affix the citation
to the front door or main entry to the premises; and
(B) deposit in the mail a copy of the citation with a copy of the petition attached,
addressed to defendant at the premises and sent by first class mail.
(4) Notation on Return. The constable, sheriff, or other person authorized by written
court order must note on the return of service the date the citation was delivered and
the date it was deposited in the mail.
RULE 510.5. REQUEST FOR IMMEDIATE POSSESSION
(a) Immediate Possession Bond. The plaintiff may, at the time of filing the petition or at any
time prior to final judgment, file a possession bond to be approved by the judge in the
probable amount of costs of suit and damages that may result to defendant in the event that
the suit has been improperly instituted, and conditioned that the plaintiff will pay defendant
all such costs and damages that are adjudged against plaintiff.
(b) Notice to Defendant. The court must notify a defendant that the plaintiff has filed a
possession bond. The notice must be served in the same manner as service of citation and
must inform the defendant that if the defendant does not file an answer or appear for trial,
and judgment for possession is granted by default, an officer will place the plaintiff in
possession of the property on or after the 7th day after the date defendant is served with the
notice.
(c) Time for Issuance and Execution of Writ. If judgment for possession is rendered by default
and a possession bond has been filed, approved, and served under this rule, a writ of
possession must issue immediately upon demand and payment of any required fees. The
writ must not be executed before the 7th day after the date defendant is served with notice
under (b).
(d) Effect of Appearance. If the defendant files an answer or appears at trial, no writ of
possession may issue before the 6th day after the date a judgment for possession is signed
or the day following the deadline for the defendant to appeal the judgment, whichever is
later.
RULE 510.6. TRIAL DATE; ANSWER; DEFAULT JUDGMENT
(a) Trial Date and Answer. The defendant must appear for trial on the day set for trial in the
citation. The defendant may, but is not required to, file a written answer with the court on
or before the day set for trial in the citation.
(b) Default Judgment. If the defendant fails to appear at trial and fails to file an answer before
the case is called for trial, and proof of service has been filed in accordance with Rule 510.4,
the allegations of the complaint must be taken as admitted and judgment by default rendered
accordingly. If a defendant who has answered fails to appear for trial, the court may proceed
to hear evidence and render judgment accordingly.
(c) Notice of Default. When a default judgment is signed, the clerk must immediately mail
written notice of the judgment by first class mail to the defendant at the address of the
premises.
RULE 510.7. TRIAL
(a) Trial. An eviction case will be docketed and tried as other cases. No eviction trial may be
held less than 6 days after service under Rule 510.4 has been obtained.
(b) Jury Trial Demanded. Any party may file a written demand for trial by jury by making a
request to the court at least 3 days before the trial date. The demand must be accompanied
by payment of a jury fee or by filing a sworn statement of inability to pay the jury fee. If a
jury is demanded by either party, the jury will be impaneled and sworn as in other cases; and
after hearing the evidence it will return its verdict in favor of the plaintiff or the defendant.
If no jury is timely demanded by either party, the judge will try the case.
(c) Limit on Postponement. Trial in an eviction case must not be postponed for more than 7
days total unless both parties agree in writing.
RULE 510.8. JUDGMENT; WRIT; NO NEW TRIAL
(a) Judgment Upon Jury Verdict. Where a jury has returned a verdict, the judge may render
judgment on the verdict or, if the verdict is contrary to the law or the evidence, judgment
notwithstanding the verdict.
(b) Judgment for Plaintiff. If the judgment is in favor of the plaintiff, the judge must render
judgment for plaintiff for possession of the premises, costs, delinquent rent as of the date of
entry of judgment, if any, and attorney fees if recoverable by law.
(c) Judgment for Defendant. If the judgment is in favor of the defendant, the judge must render
judgment for defendant against the plaintiff for costs and attorney fees if recoverable by law.
(d) Writ. If the judgment or verdict is in favor of the plaintiff, the judge must award a writ of
possession upon demand of the plaintiff and payment of any required fees.
(1) Time to Issue. Except as provided by Rule 510.5, no writ of possession may issue
before the 6th day after the date a judgment for possession is signed or the day
following the deadline for the defendant to appeal the judgment, whichever is later.
A writ of possession may not issue more than 60 days after a judgment for
possession is signed. For good cause, the court may extend the deadline for issuance
to 90 days after a judgment for possession is signed.
(2) Time to Execute. A writ of possession may not be executed after the 90th day after
a judgment for possession is signed.
(3) Effect of Appeal. A writ of possession must not issue if an appeal is perfected and,
if applicable, rent is paid into the registry, as required by these rules.
(e) No Motion For New Trial. No motion for new trial may be filed.
RULE 510.9. APPEAL
(a) How Taken; Time. A party may appeal a judgment in an eviction case by filing a bond,
making a cash deposit, or filing a sworn statement of inability to pay with the justice court
within 5 days after the judgment is signed.
(b) Amount of Security; Terms. The justice court judge will set the amount of the bond or cash
deposit to include the items enumerated in Rule 510.11. The bond or cash deposit must be
payable to the appellee and must be conditioned on the appellant’s prosecution of its appeal
to effect and payment of any judgment and all costs rendered against it on appeal.
(c) Sworn Statement of Inability to Pay.
(1) Filing. An appellant who cannot furnish a bond or pay a cash deposit in the amount
required may instead file a sworn statement of inability to pay. The statement must
meet the requirements of Rule 502.3(b).
(2) Contest. The statement may be contested as provided in Rule 502.3(d) within 5 days
after the opposing party receives notice that the statement was filed.
(3) Appeal If Contest Sustained. If the contest is sustained, the appellant may appeal
that decision by filing notice with the justice court within 5 days of that court’s
written order. The justice court must then forward all related documents to the
county court for resolution. The county court must set the matter for hearing within
5 days and hear the contest de novo, as if there had been no previous hearing, and,
if the appeal is granted, must direct the justice court to transmit to the clerk of the
county court the transcript, records, and papers of the case, as provided in these rules.
(4) If No Appeal or If Appeal Overruled. If the appellant does not appeal the ruling
sustaining the contest, or if the county court denies the appeal, the appellant may,
within one business day, post an appeal bond or make a cash deposit in compliance
with this rule.
(5) Payment of Rent in Nonpayment of Rent Appeals.
(A) Notice. If a defendant appeals an eviction for nonpayment of rent by filing
a sworn statement of inability to pay, the justice court must provide to the
defendant a written notice at the time the statement is filed that contains the
following information in bold or conspicuous type:
(i) the amount of the initial deposit of rent, equal to one rental period’s
rent under the terms of the rental agreement, that the defendant must
pay into the justice court registry;
(ii) whether the initial deposit must be paid in cash, cashier’s check, or
money order, and to whom the cashier’s check or money order, if
applicable, must be made payable;
(iii) the calendar date by which the initial deposit must be paid into the
justice court registry, which must be within 5 days of the date the
sworn statement of inability to pay is filed; and
(iv) a statement that failure to pay the required amount into the justice
court registry by the required date may result in the court issuing a
writ of possession without hearing.
(B) Defendant May Remain in Possession. A defendant who appeals an eviction
for nonpayment of rent by filing a sworn statement of inability to pay is
entitled to stay in possession of the premises during the pendency of the
appeal by complying with the following procedure:
(i) Within 5 days of the date that the defendant files a sworn statement
of inability to pay, it must pay into the justice court registry the
amount set forth in the notice provided at the time the defendant filed
the statement. If the defendant was provided with notice and fails to
pay the designated amount into the justice court registry within 5
days, and the transcript has not been transmitted to the county clerk,
the plaintiff is entitled, upon request and payment of the applicable
fee, to a writ of possession, which the justice court must issue
immediately and without hearing.
(ii) During the appeal process as rent becomes due under the rental
agreement, the defendant must pay the designated amount into the
county court registry within 5 days of the rental due date under the
terms of the rental agreement.
(iii) If a government agency is responsible for all or a portion of the rent,
the defendant must pay only that portion of the rent determined by
the justice court to be paid during appeal. Either party may contest
the portion of the rent that the justice court determines must be paid
into the county court registry by filing a contest within 5 days after
the judgment is signed. If a contest is filed, the justice court must
notify the parties and hold a hearing on the contest within 5 days. If
the defendant objects to the justice court’s ruling at the hearing, the
defendant is required to pay only the portion claimed to be owed by
the defendant until the issue is tried in county court.
(iv) If the defendant fails to pay the designated amount into the court
registry within the time limits prescribed by these rules, the plaintiff
may file a sworn motion that the defendant is in default in county
court. The plaintiff must notify the defendant of the motion and the
hearing date. Upon a showing that the defendant is in default, the
court must issue a writ of possession.
(v) The plaintiff may withdraw any or all rent in the county court registry
upon sworn motion and hearing, prior to final determination of the
case, showing just cause; dismissal of the appeal; or order of the
court after final hearing.
(vi) All hearings and motions under this subparagraph are entitled to
precedence in the county court.
(d) Notice to Other Parties Required. If a statement of inability to pay is filed, the court must
provide notice to all other parties that the statement was filed no later than the next business
day. Within 5 days of filing a bond or making a cash deposit, an appellant must serve
written notice of the appeal on all other parties using a method approved under Rule 501.4.
(e) No Default on Appeal Without Compliance With Rule. No judgment may be taken by default
against the adverse party in the court to which the case has been appealed without first
showing substantial compliance with this rule.
(f) Appeal Perfected. An appeal is perfected when a bond, cash deposit, or statement of
inability to pay is filed in accordance with this rule.
RULE 510.10. RECORD ON APPEAL; DOCKETING; TRIAL DE NOVO
(a) Preparation and Transmission of Record. Unless otherwise provided by law or these rules,
when an appeal has been perfected, the judge must stay all further proceedings on the
judgment and must immediately send to the clerk of the county court a certified copy of all
docket entries, a certified copy of the bill of costs, and the original papers in the case
together with any money in the court registry, including sums tendered pursuant to Rule
510.9(c)(5)(B).
(b) Docketing; Notice. The county clerk must docket the case and must immediately notify the
parties of the date of receipt of the transcript and the docket number of the case. The notice
must advise the defendant that it must file a written answer in the county court within 8 days
if one was not filed in the justice court.
(c) Trial De Novo. The case must be tried de novo in the county court. A trial de novo is a new
trial in which the entire case is presented as if there had been no previous trial. The trial, as
well as any hearings and motions, is entitled to precedence in the county court.
RULE 510.11. DAMAGES ON APPEAL
On the trial of the case in the county court the appellant or appellee will be permitted to plead, prove
and recover his damages, if any, suffered for withholding or defending possession of the premises
during the pendency of the appeal. Damages may include but are not limited to loss of rentals during
the pendency of the appeal and attorney fees in the justice and county courts provided, as to attorney
fees, that the requirements of Section 24.006 of the Texas Property Code have been met. Only the
party prevailing in the county court will be entitled to recover damages against the adverse party.
The prevailing party will also be entitled to recover court costs and to recover against the sureties
on the appeal bond in cases where the adverse party has executed an appeal bond.
RULE 510.12. JUDGMENT BY DEFAULT ON APPEAL
An eviction case appealed to county court will be subject to trial at any time after the expiration of
8 days after the date the transcript is filed in the county court. If the defendant has filed a written
answer in the justice court, it must be taken to constitute his appearance and answer in the county
court and may be amended as in other cases. If the defendant made no answer in writing in the
justice court and fails to file a written answer within 8 days after the transcript is filed in the county
court, the allegations of the complaint may be taken as admitted and judgment by default may be
entered accordingly.
RULE 510.13. WRIT OF POSSESSION ON APPEAL
The writ of possession, or execution, or both, will be issued by the clerk of the county court
according to the judgment rendered, and the same will be executed by the sheriff or constable, as
in other cases. The judgment of the county court may not be stayed unless within 10 days from the
judgment the appellant files a supersedeas bond in an amount set by the county court pursuant to
Section 24.007 of the Texas Property Code.
TEXAS RULES OF CIVIL PROCEDURE
PART VI – RULES RELATING TO ANCILLARY PROCEEDINGS
SECTION 1. ATTACHMENT
RULE 592. APPLICATION FOR WIT OF ATTACHMENT AND ORDER
Either at the commencement of a suit or at any time during its progress the plaintiff may file an
application for the issuance of a writ of attachment. Such application shall be supported by affidavits
of the plaintiff, his agent, his attorney, or other persons having knowledge of relevant facts. The
application shall comply with all statutory requirements and shall state the grounds for issuing the
writ and the specific facts relied upon by the plaintiff to warrant the required findings by the court.
The writ shall not be quashed because two or more grounds are stated conjunctively or disjunctively.
The application and any affidavits shall be made on personal knowledge and shall set forth such
facts as would be admissible in evidence; provided that facts may be stated based upon information
and belief if the grounds of such belief are specifically stated.
No writ shall issue except upon written order of the court after a hearing, which may be ex parte.
The court, in its order granting the application, shall make specific findings of facts to support the
statutory grounds found to exist, and shall specify the maximum value of property that may be
attached, and the amount of bond required of plaintiff, and, further shall command that the attached
property be kept safe and preserved subject to further orders of the court. Such bond shall be in an
amount which, in the opinion of the court, will adequately compensate the defendant in the event
plaintiff fails to prosecute his suit to effect, and to pay all damages and costs which may be adjudged
against him for wrongfully suing out the writ of attachment. The court shall further find in its order
the amount of bond required of defendant to replevy, which, unless the defendant chooses to
exercise his option as provided in Rule 599, shall be the amount of plaintiff’s claim, one year’s
accrual of interest if allowed by law on the claim, and the estimated costs of court. The order may
direct the issuance of several writs at the same time, or in succession, to be sent to different counties.
RULE 592a. BOND FOR ATTACHMENT
No writ of attachment shall issue until the party applying therefor has filed with the officer
authorized to issue such writ a bond payable to the defendant in the amount fixed by the court’s
order, with sufficient surety or sureties as provided by statute to be approved by such officer,
conditioned that the plaintiff will prosecute his suit to effect and pay to the extent of the penal
amount of the bond all damages and costs as may be adjudged against him for wrongfully suing out
such writ of attachment.
After notice to the opposite party, either before or after the issuance of the writ, the defendant or
plaintiff may file a motion to increase or reduce the amount of such bond, or to question the
sufficiency of the sureties thereon, in the court in which such suit is pending. Upon hearing, the
court shall enter its order with respect to such bond and sufficiency of the sureties.
RULE 592b. FORM OF ATTACHMENT BOND
The following form of bond may be used:
“The State of Texas,
County of ______________,
“We, the undersigned, as principal, and and as sureties, acknowledge ourselves bound to pay to
C.D. the sum of dollars, conditioned that the above bound plaintiff in attachment against the said
C.D., defendant, will prosecute his said suit to effect, and that he will pay all such damages and costs
to the extent of penal amount of this bond as shall be adjudged against him for wrongfully suing out
such attachment. Witness our hands this _____ day of _______________, 20___ .”
RULE 593. REQUISITES FOR WRIT
A writ of attachment shall be directed to the sheriff or any constable within the State of Texas. It
shall command him to attach and hold, unless replevied, subject to the further order of the court, so
much of the property of the defendant, of a reasonable value in approximately the amount fixed by
the court, as shall be found within his county.
RULE 594. FORM OF WRIT
The following form of writ may be issued:
“The State of Texas.
“To the Sheriff or any Constable of any County of the State of Texas, greeting:
“We command you that you attach forthwith so much of the property of C.D., if it be found in your
county, repleviable on security, as shall be of value sufficient to make the sum of ________dollars,
and the probable costs of suit, to satisfy the demand of A.B., and that you keep and secure in your
hands the property so attached, unless replevied, that the same may be liable to further proceedings
thereon to be had before our court in __________________, County of _______________. You will
true return make of this writ on or before 10 a.m. of Monday, the _____day of ________, 20___ ,
showing how you have executed the same.”
RULE 595. SEVERAL WRITS
Several writs of attachment may, at the option of the plaintiff, be issued at the same time, or in
succession and sent to different counties, until sufficient property shall be attached to satisfy the
writ.
RULE 596. DELIVERY OF WRIT
The writ of attachment shall be dated and tested as other writs, and may be delivered to the sheriff
or constable by the officer issuing it, or he may deliver it to the plaintiff, his agent or attorney, for
that purpose.
RULE 597. DUTY OF OFFICER
The sheriff or constable receiving the writ shall immediately proceed to execute the same by levying
upon so much of the property of the defendant subject to the writ, and found within his county, as
may be sufficient to satisfy the command of the writ.
RULE 598. LEVY, HOW MADE
The writ of attachment shall be levied in the same manner as is, or may be, the writ of execution
upon similar property.
RULE 598a. SERVICE OF WRIT ON DEFENDANT
The defendant shall be served in any manner prescribed for service of citation, or as provided in
Rule 21a, with a copy of the writ of attachment, the application, accompanying affidavits, and orders
of the court as soon as practicable following the levy of the writ. There shall be prominently
displayed on the face of the copy of the writ served on the defendant, in ten-point type and in a
manner calculated to advise a reasonably attentive person of its contents, the following:
“To ____________, Defendant:
“You are hereby notified that certain properties alleged to be owned by you have been attached. If
you claim any rights in such property, you are advised:
“YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A
REPLEVY BOND. YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE
PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WRIT.”
RULE 599. DEFENDANT MAY REPLEVY
At any time before judgment, should the attached property not have been previously claimed or sold,
the defendant may replevy the same, or any part thereof, or the proceeds from the sale of the
property if it has been sold under order of the court, by giving bond with sufficient surety or sureties
as provided by statute, to be approved by the officer who levied the writ, payable to plaintiff, in the
amount fixed by the court’s order, or, at the defendant’s option, for the value of the property sought
to be replevied (to be estimated by the officer), plus one year’s interest thereon at the legal rate from
the date of the bond, conditioned that the defendant shall satisfy, to the extent of the penal amount
of the bond, any judgment which may be rendered against him in such action.
On reasonable notice to the opposing party (which may be less than three days) either party shall
have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency
of sureties, and estimated value of the property, by the court which authorized issuance of the writ.
The court’s determination may be made upon the basis of affidavits, if uncontroverted, setting forth
such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The
court shall forthwith enter its order either approving or modifying the requirements of the officer
or of the court’s prior order, and such order of the court shall supersede and control with respect to
such matters.
On reasonable notice to the opposing party (which may be less than three days) the defendant shall
have the right to move the court for a substitution of property, of equal value as that attached, for
the property attached. Provided that there has been located sufficient property of the defendants to
satisfy the order of attachment, the court may authorize substitution of one or more items of
defendant’s property for all or for part of the property attached. The court shall first make findings
as to the value of the property to be substituted. If property is substituted, the property released from
attachment shall be delivered to defendant, if such property is personal property, and all liens upon
such property from the original order of attachment or modification thereof shall be terminated.
Attachment of substituted property shall be deemed to have existed from the date of levy on the
original property attached, and no property on which liens have become affixed since the date of
levy on the original property may be substituted.
RULE 600. SALE OF PERISHABLE PROPERTY
Whenever personal property which has been attached shall not have been claimed or replevied, the
judge, or justice of the peace, out of whose court the writ was issued, may, either in term time or in
vacation, order the same to be sold, when it shall be made to appear that such property is in danger
of serious and immediate waste or decay, or that the keeping of the same until the trial will
necessarily be attended with such expense or deterioration in value as greatly to lessen the amount
likely to be realized therefrom.
RULE 601. TO PROTECT INTERESTS
In determining whether the property attached is perishable, and the necessity or advantage or
ordering a sale thereof, the judge or justice of the peace may act upon affidavits in writing or oral
testimony, and may by a preliminary order entered of record, with or without notice to the parties
as the urgency of the case in his opinion requires, direct the sheriff or constable to sell such property
at public auction for cash, and thereupon the officer shall sell it accordingly.
RULE 602. BOND OF APPLICANT FOR SALE
If the application for an order of sale be filed by any person or party other than the defendant from
whose possession the property was taken by levy, the court shall not grant such order unless the
applicant shall file with such court a bond payable to such defendant, with two or more good and
sufficient sureties, to be approved by said court, conditioned that they will be responsible to the
defendant for such damages as he may sustain in case such sale be illegally and unjustly applied for,
or be illegally and unjustly made.
RULE 603. PROCEDURE FOR SALE
Such sale of attached perishable personal property shall be conducted in the same manner as sales
of personal property under execution; provided, however, that the time of the sale, and at the time
of advertisement thereof, may be fixed by the judge or justice of the peace at a time earlier than ten
days, according to the exigency of the case, and in such event notice thereof shall be given in such
manner as directed by the order.
RULE 604. RETURN OF SALE
The officer making such sale of perishable property shall promptly pay the proceeds of such sale to
the clerk of such court or justice of the peace, as the case may be, and shall make written return of
the order of sale signed by him officially, stating the time and place of the sale, the name of the
purchaser, and the amount of money received, with an itemized account of the expenses attending
the sale. Such return shall be filed with the papers of the case.
RULE 605. JUDGE MAY MAKE NECESSARY ORDERS
When the perishable personal property levied on under the attachment writ has not been claimed or
replevied, the judge or justice of the peace may make such orders, either in term time or vacation,
as may be necessary for its preservation or use.
RULE 606. RETURN OF WRIT
The officer executing the writ of attachment shall return the writ, with his action endorsed thereon,
or attached thereto, signed by him officially, to the court from which it issued, at or before 10 o’clock
a.m. of the Monday next after the expiration of fifteen days from the date of issuance of the writ.
Such return shall describe the property attached with sufficient certainty to identify it, and state
when the same was attached, and whether any personal property attached remains still in his hands,
and, if not, the disposition made of the same. When property has been replevied he shall deliver the
replevy bond to the clerk or justice of the peace to be filed with the papers of the cause.
RULE 607. REPORT OF DISPOSITION OF PROPERTY
When the property levied on is claimed, replevied or sold, or otherwise disposed of after the writ
has been returned, the officer having the custody of the same shall immediately make a report in
writing, signed by him officially, to the clerk, or justice of the peace, as the case may be, showing
such disposition of the property. Such report shall be filed among the papers of the cause.
RULE 608. DISSOLUTION OR MODIFICATION OF WRIT OF ATTACHMENT
A defendant whose property has been attached or any intervening party who claims an interest in
such property, may by sworn written motion, seek to vacate, dissolve, or modify the writ, and the
order directing its issuance, for any grounds or cause, extrinsic or intrinsic. Such motion shall admit
or deny each finding of the order directing the issuance of the writ except where the movant is
unable to admit or deny the finding, in which case movant shall set forth the reasons why he cannot
admit or deny. Unless the parties agree to an extension of time, the motion shall be heard promptly,
after reasonable notice to the plaintiff (which may be less than three days), and the issue shall be
determined not later than ten days after the motion is filed. The filing of the motion shall stay any
further proceedings under the writ, except for any orders concerning the care, preservation, or sale
of perishable property, until a hearing is had and the issue is determined. The writ shall be dissolved
unless at such hearing, the plaintiff shall prove the grounds relied upon for its issuance, but the court
may modify its previous order granting the writ and the writ issued pursuant thereto. The movant
shall, however, have the burden to prove that the reasonable value of the property attached exceeds
the amount necessary to secure the debt, interest for one year, and probable costs. He shall also have
the burden to prove the facts to justify substitution of property.
The court’s determination may be made upon the basis of affidavits, if uncontroverted, setting forth
such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The
court may make all such orders, including orders concerning the care, preservation, or disposition
of the property (or the proceeds therefrom if the same has been sold), as justice may require. If the
movant has given a replevy bond, an order to vacate or dissolve the writ shall vacate the replevy
bond and discharge the sureties thereon, and if the court modifies its order or the writ issued
pursuant thereto, it shall make such further orders with respect to the bond as may be consistent with
its modification.
RULE 609. AMENDMENT
Clerical errors in the affidavit, bond, or writ of attachment, or the officer’s return thereof, may upon
application in writing to the judge or justice of the court in which the suit is filed, and after notice
to the opponent, be amended in such manner and on such terms as the judge or justice shall authorize
by an order entered in the minutes of the court or noted on the docket of the justice of the peace,
provided the amendment does not change or add to the grounds of such attachment as stated in the
affidavit, and provided such amendment appears to the judge or justice to be in furtherance of
justice.
SECTION 2. DISTRESS WARRANT
RULE 610. APPLICATION FOR DISTRESS WARRANT AND ORDER
Either at the commencement of a suit or at any time during its progress the plaintiff may file an
application for the issuance of a distress warrant with the justice of the peace. Such application may
be supported by affidavits of the plaintiff, his agent, his attorney, or other persons having knowledge
of relevant facts, but shall include a statement that the amount sued for is rent, or advances
prescribed by statute, or shall produce a writing signed by the tenant to that effect, and shall further
swear that such warrant is not sued out for the purpose of vexing and harassing the defendant. The
application shall comply with all statutory requirements and shall state the grounds for issuing the
warrant and the specific facts relied upon by the plaintiff to warrant the required findings by the
justice of the peace. The warrant shall not be quashed because two or more grounds are stated
conjunctively or disjunctively. The application and any affidavits shall be made on personal
knowledge and shall set forth such facts as would be admissible in evidence provided that facts may
be stated based upon information and belief if the grounds of such belief are specifically stated.
No warrant shall issue before final judgment except on written order of the justice of the peace after
a hearing, which may be ex parte. Such warrant shall be made returnable to a court having
jurisdiction of the amount in controversy. The justice of the peace in his order granting the
application shall make specific findings of fact to support the statutory grounds found to exist, and
shall specify the maximum value of property that may be seized, and the amount of bond required
of plaintiff, and, further shall command that property be kept safe and preserved subject to further
orders of the court having jurisdiction. Such bond shall be in an amount which, in the opinion of the
court, shall adequately compensate defendant in the event plaintiff fails to prosecute his suit to
effect, and pay all damages and costs as shall be adjudged against him for wrongfully suing out the
warrant. The justice of the peace shall further find in his order the amount of bond required to
replevy, which, unless the defendant chooses to exercise his option as provided in Rule 614, shall
be the amount of plaintiff’s claim, one year’s accrual of interest if allowed by law on the claim, and
the estimated costs of court. The order may direct the issuance of several warrants at the same time,
or in succession, to be sent to different counties.
RULE 611. BOND FOR DISTRESS WARRANT
No distress warrant shall issue before final judgment until the party applying therefor has filed with
the justice of the peace authorized to issue such warrant a bond payable to the defendant in an
amount approved by the justice of the peace, with sufficient surety or sureties as provided by statute,
conditioned that the plaintiff will prosecute his suit to effect and pay all damages and costs as may
be adjudged against him for wrongfully suing out such warrant.
After notice to the opposite party, either before or after the issuance of the warrant, the defendant
or plaintiff may file a motion to increase or reduce the amount of such bond, or to question the
sufficiency of the sureties thereon, in a court having jurisdiction of the subject matter. Upon hearing,
the court shall enter its order with respect to such bond and sufficiency of the sureties.
RULE 612. REQUISITES FOR WARRANT
A distress warrant shall be directed to the sheriff or any constable within the State of Texas. It shall
command him to attach and hold, unless replevied, subject to the further orders of the court having
jurisdiction, so much of the property of the defendant, not exempt by statute, of reasonable value in
approximately the amount fixed by the justice of the peace, as shall be found within his county.
RULE 613. SERVICE OF WARRANT ON DEFENDANT
The defendant shall be served in any manner prescribed for service of citation, or as provided in
Rule 21a, with a copy of the distress warrant, the application, accompanying affidavits, and orders
of the justice of the peace as soon as practicable following the levy of the warrant. There shall be
prominently displayed on the face of the copy of the warrant served on the defendant, in 10-point
type and in a manner calculated to advise a reasonably attentive person of its contents, the following:
To _________________, Defendant:
You are hereby notified that certain properties alleged to be owned by you have been seized. If you
claim any rights in such property, you are advised:
“YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A
REPLEVY BOND. YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE
PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WARRANT.”
RULE 614. DEFENDANT MAY REPLEVY
At any time before judgment, should the seized property not have been previously claimed or sold,
the defendant may replevy the same, or any part thereof, or the proceeds from the sale of the
property if it has been sold under order of the court, by giving bond with sufficient surety or sureties
as provided by statute, to be approved by a court having jurisdiction of the amount in controversy
payable to plaintiff in double the amount of the plaintiff’s debt, or, at the defendant’s option for not
less than the value of the property sought to be replevied, plus one year’s interest thereon at the legal
rate from the date of the bond, conditioned that the defendant shall satisfy to the extent of the penal
amount of the bond any judgment which may be rendered against him in such action.
On reasonable notice to the opposing party (which may be less than three days) either party shall
have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency
of sureties, and estimated value of the property, by a court having jurisdiction of the amount in
controversy. The court’s determination may be made upon the basis of affidavits if uncontroverted
setting forth such facts as would be admissible in evidence, otherwise the parties shall submit
evidence. The court shall forthwith enter its order either approving or modifying the requirements
of the order of the justice of the peace, and such order of the court shall supersede and control with
respect to such matters.
On reasonable notice to the opposing party (which may be less than three days) the defendant shall
have the right to move the court for a substitution of property, of equal value as that attached, for
the property seized. Provided that there has been located sufficient property of the defendant’s to
satisfy the order of seizure, the court may authorize substitution of one or more items of defendant’s
property for all or part of the property seized. The court shall first make findings as to the value of
the property to be substituted. If property is substituted, the property released from seizure shall be
delivered to defendant, if such property is personal property, and all liens upon such property from
the original order of seizure or modification thereof shall be terminated. Seizure of substituted
property shall be deemed to have existed from the date of levy on the original property seized, and
no property on which liens have become affixed since the date of levy on the original property may
be substituted.
RULE 614a. DISSOLUTION OR MODIFICATION OF DISTRESS WARRANT
A defendant whose property has been seized or any intervening claimant who claims an interest in
such property, may by sworn written motion, seek to vacate, dissolve, or modify the seizure, and the
order directing its issuance, for any grounds or cause, extrinsic or intrinsic. Such motion shall admit
or deny each finding of the order directing the issuance of the warrant except where the movant is
unable to admit or deny the finding, in which case movant shall set forth the reasons why he cannot
admit or deny. Unless the parties agree to an extension of time, the motion shall be heard promptly,
after reasonable notice to the plaintiff (which may be less than three days), and the issue shall be
determined not later than 10 days after the motion is filed. The filing of the motion shall stay any
further proceedings under the warrant, except for any orders concerning the care, preservation, or
sale of any perishable property, until a hearing is had, and the issue is determined. The warrant shall
be dissolved unless, at such hearing, the plaintiff shall prove the specific facts alleged and the
grounds relied upon for its issuance, but the court may modify the order of the justice of the peace
granting the warrant and the warrant issued pursuant thereto. The movant shall however have the
burden to prove that the reasonable value of the property seized exceeds the amount necessary to
secure the debt, interest for one year, and probable costs. He shall also have the burden to prove the
facts to justify substitution of property.
The court’s determination may be made upon the basis of affidavits setting forth such facts as would
be admissible in evidence, but additional evidence, if tendered by either party shall be received and
considered. The court may make all such orders, including orders concerning the care, preservation,
or disposition of the property (or the proceeds therefrom if the same has been sold), as justice may
require. If the movant has given a replevy bond, an order to vacate or dissolve the warrant shall
vacate the replevy bond and discharge the sureties thereon, and if the court modifies the order of the
justice of the peace of the warrant issue pursuant thereto, it shall make such further orders with
respect to the bond as may be consistent with its modification.
RULE 615. SALE OF PERISHABLE PROPERTY
Whenever personal property which has been levied on under a distress warrant shall not have been
claimed or replevied, the judge, or justice of the peace, to whose court such writ is made returnable
may, either in term time or in vacation, order the same to be sold, when it shall be made to appear
that such property is in danger of serious and immediate waste or decay, or that the keeping of the
same until the trial will necessarily be attended with such expense or deterioration in value as greatly
to lessen the amount likely to be realized therefrom.
RULE 616. TO PROTECT INTERESTS
In determining whether the property levied upon is perishable, and the necessity or advantage of
ordering a sale thereof, the judge or justice of the peace may act upon affidavits in writing or oral
testimony, and may by a preliminary order entered of record with or without notice to the parties as
the urgency of the case in his opinion requires, direct the sheriff or constable to sell such property
at public auction for cash, and thereupon the sheriff or constable shall sell it accordingly. If the
application for an order of sale be filed by any person or party other than the defendant from whose
possession the property was taken by levy, the court shall not grant such order, unless the applicant
shall file with such court a bond payable to such defendant, with two or more good and sufficient
sureties, to be approved by said court, conditioned that they will be responsible to the defendant for
such damages as he may sustain in case such sale be illegally and unjustly applied for, or be illegally
and unjustly made.
RULE 617. PROCEDURE FOR SALE
Such sale of perishable property shall be conducted in the same manner as sales of personal property
under execution; provided, however, that the time of the sale, and the time of advertisement thereof,
may be fixed by the judge or justice of the peace at a time earlier than ten days, according to the
exigency of the case, and in such event notice thereof shall be given in such manner as directed by
the order.
RULE 618. RETURN OF SALE
The officer making such sale of perishable property shall promptly pay the proceeds of such sale to
the clerk of such court or to the justice of the peace, as the case may be, and shall make written
return of the order of sale, signed by him officially, stating the time and place of the sale, the name
of the purchaser, and the amount of money received, with an itemized account of the expenses
attending the sale. Such return shall be filed with the papers of the case.
RULE 619. CITATION FOR DEFENDANT
The justice at the time he issues the warrant shall issue a citation to the defendant requiring him to
answer before such justice at the first day of the next succeeding term of court, stating the time and
place of holding the same, if he has jurisdiction to finally try the cause, and upon its being returned
served, to proceed to judgment as in ordinary cases; and, if he has not such jurisdiction, the citation
shall require the defendant to answer before the court to which the warrant was made returnable at
or before ten o’clock a.m. of the Monday next after the expiration of twenty days from the date of
service thereof, stating the place of holding the court, and shall be returned with the other papers to
such court. If the defendant has removed from the county without service, the proper officer shall
state this fact in his return on the citation; and the court shall proceed to try the case ex parte, and
may enter judgment.
RULE 620. PETITION
When the warrant is made returnable to the district or county court, the plaintiff shall file his petition
within ten days from the date of the issuance of the writ.
SECTION 3. EXECUTIONS
RULE 621. ENFORCEMENT OF JUDGMENT
The judgments of the district, county, and justice courts shall be enforced by execution or other
appropriate process. Such execution or other process shall be returnable in thirty, sixty, or ninety
days as requested by the plaintiff, his agent or attorney.
RULE 621a. DISCOVERY AND ENFORCEMENT OF JUDGMENT
At any time after rendition of judgment, and so long as said judgment has not been suspended by
a supersedeas bond or by order of a proper court and has not become dormant as provided by Article
3773, V.A.T.S., the successful party may, for the purpose of obtaining information to aid in the
enforcement of such judgment, initiate and maintain in the trial court in the same suit in which said
judgment was rendered any discovery proceeding authorized by these rules for pre-trial matters.
Also, at any time after rendition of judgment, either party may, for the purpose of obtaining
information relevant to motions allowed by Texas Rules of Appellate Procedure 47 and 49 initiate
and maintain in the trial court in the same suit in which said judgment was rendered any discovery
proceeding authorized by these rules for pre-trial matters. The rules governing and related to such
pre-trial discovery proceedings shall apply in like manner to discovery proceedings after judgment.
The rights herein granted to the parties shall inure to their successors or assignees, in whole or in
part. Judicial supervision of such discovery proceedings after judgment shall be the same as that
provided by law or these rules for pre-trial discovery and proceedings insofar as applicable.
RULE 622. EXECUTION
An execution is a process of the court from which it is issued. The clerk of the district or county
court or the justice of the peace, as the case may be, shall tax the costs in every case in which a final
judgment has been rendered and shall issue execution to enforce such judgment and collect such
costs. The execution and subsequent executions shall not be addressed to a particular county, but
shall be addressed to any sheriff or any constable within the State of Texas.
RULE 623. ON DEATH OF EXECUTOR
When an executor, administrator, guardian or trustee of an express trust dies, or ceases to be such
executor, administrator, guardian or trustee after judgment, execution shall issue on such judgment
in the name of his successor, upon an affidavit of such death or termination being filed with the clerk
of the court or the justice of the peace, as the case may be, together with the certificate of the
appointment of such successor under the hand and seal of the clerk of the court wherein the
appointment was made.
RULE 624. ON DEATH OF NOMINAL PLAINTIFF
When a person in whose favor a judgment is rendered for the use of another dies after judgment,
execution shall issue in the name of the party for whose use the suit was brought upon an affidavit
of such death being filed with the clerk of the court or the justice of the peace.
RULE 625. ON MONEY OF DECEASED
If a sole defendant dies after judgment for money against him, execution shall not issue thereon, but
the judgment may be proved up and paid in due course of administration.
RULE 626. ON PROPERTY OF DECEASED
In any case of judgment other than a money judgment, where the sole defendant, or one or more of
several joint defendants, shall die after judgment, upon an affidavit of such death being filed with
the clerk, together with the certificate of the appointment of a representative of such decedent under
the hand and seal of the clerk of the court wherein such appointment was made, the proper process
on such judgment shall issue against such representative.
RULE 627. TIME FOR ISSUANCE
If no supersedeas bond or notice of appeal, as required of agencies exempt from filing bonds, has
been filed and approved, the clerk of the court or justice of the peace shall issue the execution upon
such judgment upon application of the successful party or his attorney after the expiration of thirty
days from the time a final judgment is signed. If a timely motion for new trial or in arrest of
judgment is filed, the clerk shall issue the execution upon the judgment on application of the party
or his attorney after the expiration of thirty days from the time the order overruling the motion is
signed or from the time the motion is overruled by operation of law.
RULE 628. EXECUTION WITHIN THIRTY DAYS
Such execution may be issued at any time before the thirtieth day upon the filing of an affidavit by
the plaintiff in the judgment or his agent or attorney that the defendant is about to remove his
personal property subject to execution by law out of the county, or is about to transfer or secrete
such personal property for the purpose of defrauding his creditors.
RULE 629. REQUISITES OF EXECUTION
The style of the execution shall be “The State of Texas.” It shall be directed to any sheriff or any
constable within the State of Texas. It shall be signed by the clerk or justice officially, and bear the
seal of the court, if issued out of the district or county court, and shall require the officer to execute
it according to its terms, and to make the costs which have been adjudged against the defendant in
execution and the further costs of executing the writ. It shall describe the judgment, stating the court
in which, and the time when, rendered, and the names of the parties in whose favor and against
whom the judgment was rendered. A correct copy of the bill of costs taxed against the defendant in
execution shall be attached to the writ. It shall require the officer to return it within thirty, sixty, or
ninety days, as directed by the plaintiff or his attorney.
RULE 630. EXECUTION ON JUDGMENT FOR MONEY
When an execution is issued upon a judgment for a sum of money, or directing the payment simply
of a sum of money, it must specify in the body thereof the sum recovered or directed to be paid and
the sum actually due when it is issued and the rate of interest upon the sum due. It must require the
officer to satisfy the judgment and costs out of the property of the judgment debtor subject to
execution by law.
RULE 631. EXECUTION FOR SALE OF PARTICULAR PROPERTY
An execution issued upon a judgment for the sale of particular chattels or personal property or real
estate, must particularly describe the property, and shall direct the officer to make the sale by
previously giving the public notice of the time and place of sale required by law and these rules.
RULE 632. EXECUTION FOR DELIVERY OF CERTAIN PROPERTY
An execution issued upon a judgment for the delivery of the possession of a chattel or personal
property, or for the delivery of the possession of real property, shall particularly describe the
property, and designate the party to whom the judgment awards the possession. The writ shall
require the officer to deliver the possession of the property to the party entitled thereto.
RULE 633. EXECUTION FOR POSSESSION OR VALUE OF
PERSONAL PROPERTY
If the judgment be for the recovery of personal property or its value, the writ shall command the
officer, in case a delivery thereof cannot be had, to levy and collect the value thereof for which the
judgment was recovered, to be specified therein, out of any property of the party against whom
judgment was rendered, liable to execution.
RULE 634. EXECUTION SUPERSEDED
The clerk or justice of the peace shall immediately issue a writ of supersedeas suspending all further
proceedings under any execution previously issued when a supersedeas bond is afterward filed and
approved within the time prescribed by law or these rules.
RULE 635. STAY OF EXECUTION IN JUSTICE COURT
At any time within ten days after the rendition of any judgment in a justice court, the justice may
grant a stay of execution thereof for three months from the date of such judgment, if the person
against whom such judgment was rendered shall, with one or more good and sufficient sureties, to
be approved by the justice, appear before him and acknowledge themselves and each of them bound
to the successful party in such judgment for the full amount thereof, with interest and costs, which
acknowledgment shall be entered in writing on the docket, and signed by the persons binding
themselves as sureties; provided, no such stay of execution shall be granted unless the party applying
therefor shall first file an affidavit with the justice that he has not the money with which to pay such
judgment, and that the enforcement of same by execution prior to three months would be a hardship
upon him and would cause a sacrifice of his property which would not likely be caused should said
execution be stayed. Such acknowledgment shall be entered by the justice on his docket and shall
constitute a judgment against the defendant and such sureties, upon which execution shall issue in
case the same is not paid on or before the expiration of such day.
RULE 636. INDORSEMENTS BY OFFICER
The officer receiving the execution shall indorse thereon the exact hour and day when he received
it. If he receives more than one on the same day against the same person he shall number them as
received.
RULE 637. LEVY OF EXECUTION
When an execution is delivered to an officer he shall proceed without delay to levy the same upon
the property of the defendant found within his county not exempt from execution, unless otherwise
directed by the plaintiff, his agent or attorney. The officer shall first call upon the defendant, if he
can be found, or, if absent, upon his agent within the county, if known, to point out property to be
levied upon, and the levy shall first be made upon the property designated by the defendant, or his
agent. If in the opinion of the officer the property so designated will not sell for enough to satisfy
the execution and costs of sale, he shall require an additional designation by the defendant. If no
property be thus designated by the defendant, the officer shall levy the execution upon any property
of the defendant subject to execution.
RULE 638. PROPERTY NOT TO BE DESIGNATED
A defendant in execution shall not point out property which he has sold, mortgaged or conveyed in
trust, or property exempt from forced sale.
RULE 639. LEVY
In order to make a levy on real estate, it shall not be necessary for the officer to go upon the ground
but is shall be sufficient for him to indorse such levy on the writ. Levy upon personal property is
made by taking possession thereof, when the defendant in execution is entitled to the possession.
Where the defendant in execution has an interest in personal property, but is not entitled to the
possession thereof, a levy is made thereon by giving notice thereof to the person who is entitled to
the possession, or one of them where there are several.
RULE 640. LEVY ON STOCK RUNNING AT LARGE
A levy upon livestock running at large in a range, and which cannot be herded and penned without
great inconvenience and expense, may be made by designating by reasonable estimate the number
of animals and describing them by their marks and brands, or either; such levy shall be made in the
presence of two or more credible persons, and notice thereof shall be given in writing to the owner
or his herder or agent, if residing within the county and known to the officer.
RULE 641. LEVY ON SHARES OF STOCK
A levy upon shares of stock of any corporation or joint stock company for which a certificate is
outstanding is made by the officer seizing and taking possession of such certificate. Provided,
however, that nothing herein shall be construed as restricting any rights granted under Section 8.317
of the Texas Uniform Commercial Code.
[RULE 642. Repealed effective January 1, 1976]
RULE 643. LEVY ON GOODS PLEDGED OR MORTGAGED
Goods and chattels pledged, assigned or mortgaged as security for any debt or contract, may be
levied upon and sold on execution against the person making the pledge, assignment or mortgage
subject thereto; and the purchaser shall be entitled to the possession when it is held by the pledgee,
assignee or mortgagee, on complying with the conditions of the pledge, assignment or mortgage.
RULE 644. MAY GIVE DELIVERY BOND
Any personal property taken in execution may be returned to the defendant by the officer upon the
delivery by the defendant to him of a bond, payable to the plaintiff, with two or more good and
sufficient sureties, to be approved by the officer, conditioned that the property shall be delivered to
the officer at the time and place named in the bond, to be sold according to law, or for the payment
to the officer of a fair value thereof, which shall be stated in the bond.
RULE 645. PROPERTY MAY BE SOLD BY DEFENDANT
Where property has been replevied, as provided in the preceding rule, the defendant may sell or
dispose of the same, paying the officer the stipulated value thereof.
RULE 646. FORFEITED DELIVERY BOND
In case of the non-delivery of the property according to the terms of the delivery bond, and nonpayment
of the value thereof, the officer shall forthwith indorse the bond “Forfeited” and return the
same to the clerk of the court or the justice of the peace from which the execution issued;
whereupon, if the judgment remain unsatisfied in whole or in part, the clerk or justice shall issue
execution against the principal debtor and the sureties on the bond for the amount due, not exceeding
the stipulated value of the property, upon which execution no delivery bond shall be taken, which
instruction shall be indorsed by the clerk or justice on the execution.
RULE 646a. SALE OF REAL PROPERTY
Real property taken by virtue of any execution shall be sold at public auction, at the courthouse door
of the county, unless the court orders that such sale be at the place where the real property is
situated, on the first Tuesday of the month, between the hours of ten o’clock, a.m. and four o’clock,
p.m.
RULE 647. NOTICE OF SALE OF REAL ESTATE
The time and place of sale of real estate under execution, order of sale, or venditioni exponas, shall
be advertised by the officer by having the notice thereof published in the English language once a
week for three consecutive weeks preceding such sale, in some newspaper published in said county.
The first of said publications shall appear not less than twenty days immediately preceding the day
of sale. Said notice shall contain a statement of the authority by virtue of which the sale is to be
made, the time of levy, and the time and place of sale; it shall also contain a brief description of the
property to be sold, and shall give the number of acres, original survey, locality in the county, and
the name by which the land is most generally known, but it shall not be necessary for it to contain
field notes. Publishers of newspapers shall charge the legal rate of Two (2) Cents per word for the
first insertion of such publication and One (1) Cent per word for such subsequent insertions, or such
newspapers shall be entitled to charge for such publication at a rate equal to but not in excess of the
published word or line rate of that newspaper for such class of advertising. If there be no newspaper
published in the county, or none which will publish the notice of sale for the compensation herein
fixed, the officer shall then post such notice in writing in three public places in the county, one of
which shall be at the courthouse door of such county, for at least twenty days successively next
before the day of sale. The officer making the levy shall give the defendant, or his attorney, written
notice of such sale, either in person or by mail, which notice shall substantially conform to the
foregoing requirements.
RULE 648. “COURTHOUSE DOOR” DEFINED
By the term “courthouse door” of a county is meant either of the principal entrances to the house
provided by the proper authority for the holding of the district court. If from any cause there is no
such house, the door of the house where the district court was last held in that county shall be
deemed to be the courthouse door. Where the courthouse, or house used by the court, has been
destroyed by fire or other cause, and another has not been designated by the proper authority, the
place where such house stood shall be deemed to be the courthouse door.
RULE 649. SALE OF PERSONAL PROPERTY
Personal property levied on under execution shall be offered for sale on the premises where it is
taken in execution, or at the courthouse door of the county, or at some other place if, owing to the
nature of the property, it is more convenient to exhibit it to purchasers at such place. Personal
property susceptible of being exhibited shall not be sold unless the same be present and subject to
the view of those attending the sale, except shares of stock in joint stock or incorporated companies,
and in cases where the defendant in execution has merely an interest without right to the exclusive
possession in which case the interest of defendant may be sold and conveyed without the presence
or delivery of the property. When a levy is made upon livestock running at large on the range, it is
not necessary that such stock, or any part thereof, be present at the place of sale, and the purchaser
at such sale is authorized to gather and pen such stock and select therefrom the number purchased
by him.
RULE 650. NOTICE OF SALE OF PERSONAL PROPERTY
Previous notice of the time and place of the sale of any personal property levied on under execution
shall be given by posting notice thereof for ten days successively immediately prior to the date of
sale at the courthouse door of any county and at the place where the sale is to be made.
RULE 651. WHEN EXECUTION IS NOT SATISFIED
When the property levied upon does not sell for enough to satisfy the execution, the officer shall
proceed anew, as in the first instance, to make the residue.
RULE 652. PURCHASER FAILING TO COMPLY
If any person shall bid off property at any sale made by virtue of an execution, and shall fail to
comply with the terms of the sale, he shall be liable to pay the plaintiff in execution twenty per cent
on the value of the property thus bid off, besides costs, to be recovered on motion, five days notice
of such motion being given to such purchaser; and should the property on a second sale bring less
than on the former, he shall be liable to pay to the defendant in execution all loss which he sustains
thereby, to be recovered on motion as above provided.
RULE 653. RESALE OF PROPERTY
When the terms of the sale shall not be complied with by the bidder the levying officer shall proceed
to sell the same property again on the same day, if there be sufficient time; but if not, he shall
readvertise and sell the same as in the first instance.
RULE 654. RETURN OF EXECUTION
The levying officer shall make due return of the execution, in writing and signed by him officially,
stating concisely what such officer has done in pursuance of the requirements of the writ and of the
law. The return shall be filed with the clerk of the court or the justice of the peace as the case may
be. The execution shall be returned forthwith if satisfied by the collection of the money or if ordered
by the plaintiff or his attorney indorsed thereon.
RULE 655. RETURN OF EXECUTION BY MAIL
When an execution is placed in the hands of an officer of a county other than the one in which the
judgment is rendered, return may be made by mail; but money cannot be thus sent except by
direction of the party entitled to receive the same or his attorney of record.
RULE 656. EXECUTION DOCKET
The clerk of each court shall keep an execution docket in which he shall enter a statement of all
executions as they are issued by him, specifying the names of the parties, the amount of the
judgment, the amount due thereon, the rate of interest when it exceeds six per cent, the costs, the
date of issuing the execution, to whom delivered, and the return of the officer thereon, with the date
of such return. Such docket entries shall be taken and deemed to be a record. The clerk shall keep
an index and cross-index to the execution docket. When execution is in favor or against several
persons, it shall be indexed in the name of each person. Any clerk who shall fail to keep said
execution docket and index thereto, or shall neglect to make the entries therein, shall be liable upon
his official bond to any person injured for the amount of damages sustained by such neglect.
SECTION 4. GARNISHMENT
RULE 657. JUDGMENT FINAL FOR GARNISHMENT
In the case mentioned in subsection 3, section 63.001, Civil Practice and Remedies Code, the
judgment whether based upon a liquidated demand or an unliquidated demand, shall be deemed final
and subsisting for the purpose of garnishment from and after the date it is signed, unless a
supersedeas bond shall have been approved and filed in accordance with Texas Rule of Appellate
Procedure 47.
RULE 658. APPLICATION FOR WRIT OF GARNISHMENT AND ORDER
Either at the commencement of a suit or at any time during its progress the plaintiff may file an
application for a writ of garnishment. Such application shall be supported by affidavits of the
plaintiff, his agent, his attorney, or other person having knowledge of relevant facts. The application
shall comply with all statutory requirements and shall state the grounds for issuing the writ and the
specific facts relied upon by the plaintiff to warrant the required findings by the court. The writ shall
not be quashed because two or more grounds are stated conjunctively or disjunctively. The
application and any affidavits shall be made on personal knowledge and shall set forth such facts
as would be admissible in evidence; provided that facts may be stated based upon information and
belief if the grounds of such belief are specifically stated.
No writ shall issue before final judgment except upon written order of the court after a hearing,
which may be ex parte. The court in its order granting the application shall make specific findings
of facts to support the statutory grounds found to exist, and shall specify the maximum value of
property or indebtedness that may be garnished and the amount of bond required of plaintiff. Such
bond shall be in an amount which, in the opinion of the court, shall adequately compensate
defendant in the event plaintiff fails to prosecute his suit to effect, and pay all damages and costs as
shall be adjudged against him for wrongfully suing out the writ of garnishment. The court shall
further find in its order the amount of bond required of defendant to replevy, which, unless
defendant exercises his option as provided under Rule 664, shall be the amount of plaintiff’s claim,
one year’s accrual of interest if allowed by law on the claim, and the estimated costs of court. The
order may direct the issuance of several writs at the same time, or in succession, to be sent to
different counties.
RULE 658a. BOND FOR GARNISHMENT
No writ of garnishment shall issue before final judgment until the party applying therefor has filed
with the officer authorized to issue such writ a bond payable to the defendant in the amount fixed
by the court’s order, with sufficient surety or sureties as provided by statute, conditioned that the
plaintiff will prosecute his suit to effect and pay to the extent of the penal amount of the bond all
damages and costs as may be adjudged against him for wrongfully suing out such writ of
garnishment.
After notice to the opposite party, either before or after the issuance of the writ, the defendant or
plaintiff may file a motion to increase or reduce the amount of such bond, or to question the
sufficiency of the sureties. Upon hearing, the court shall enter its order with respect to such bond
and the sufficiency of the sureties.
Should it be determined from the garnishee’s answer if such is not controverted that the garnishee
is indebted to the defendant, or has in his hands effects belonging to the defendant, in an amount or
value less than the amount of the debt claimed by the plaintiff, then after notice to the defendant the
court in which such garnishment is pending upon hearing may reduce the required amount of such
bond to double the sum of the garnishee’s indebtedness to the defendant plus the value of the effects
in his hands belonging to the defendant.
RULE 659. CASE DOCKETED
When the foregoing requirements of these rules have been complied with, the judge, or clerk, or
justice of the peace, as the case may be, shall docket the case in the name of the plaintiff as plaintiff
and of the garnishee as defendant; and shall immediately issue a writ of garnishment directed to the
garnishee, commanding him to appear before the court out of which the same is issued at or before
10 o’clock a.m. of the Monday next following the expiration of twenty days from the date the writ
was served, if the writ is issued out of the district or county court; or the Monday next after the
expiration of ten days from the date the writ was served, if the writ is issued out of the justice court.
The writ shall command the garnishee to answer under oath upon such return date what, if anything,
he is indebted to the defendant, and was when the writ was served, and what effects, if any, of the
defendant he has in his possession, and had when such writ was served, and what other persons, if
any, within his knowledge, are indebted to the defendant or have effects belonging to him in their
possession.
RULE 660. Repealed effective December 31, 1947]
RULE 661. FORM OF WRIT
The following form of writ may be used:
“The State of Texas.
“To E.F., Garnishee, greeting:
“Whereas, in the __________ Court of __________ County (if a justice court, state also the number
of the precinct), in a certain cause wherein A.B. is plaintiff and C.D. is defendant, the plaintiff,
claiming an indebtedness against the said C.D. of _____ dollars, besides interest and costs of suit,
has applied for a writ of garnishment against you, E.F.; therefore you are hereby commanded to be
and appear before said court at ______ in said county (if the writ is issued from the county or district
court, here proceed: at 10 o’clock a.m. on the Monday next following the expiration of twenty days
from the date of service hereof.’ If the writ is issued from a justice of the peace court, here proceed:
at or before 10 o’clock a.m. on the Monday next after the expiration of ten days from the date of
service hereof.’ In either event, proceed as follows:) then and there to answer upon oath what, if
anything, you are indebted to the said C.D., and were when this writ was served upon you, and what
effects, if any, of the said C.D. you have in your possession, and had when this writ was served, and
what other persons, if any, within your knowledge, are indebted to the said C.D. or have effects
belonging to him in their possession. You are further commanded NOT to pay to defendant any debt
or to deliver to him any effects, pending further order of this court. Herein fail not, but make due
answer as the law directs.”
RULE 662. DELIVERY OF WRIT
The writ of garnishment shall be dated and tested as other writs, and may be delivered to the sheriff
or constable by the officer who issued it, or he may deliver it to the plaintiff, his agent or attorney,
for that purpose.
RULE 663. EXECUTION AND RETURN OF WRIT
The sheriff or constable receiving the writ of garnishment shall immediately proceed to execute the
same by delivering a copy thereof to the garnishee, and shall make return thereof as of other
citations.
RULE 663a. SERVICE OF WRIT ON DEFENDANT
The defendant shall be served in any manner prescribed for service of citation or as provided in Rule
21a with a copy of the writ of garnishment, the application, accompanying affidavits and orders of
the court as soon as practicable following the service of the writ. There shall be prominently
displayed on the face of the copy of the writ served on the defendant, in ten-point type and in a
manner calculated to advise a reasonably attentive person of its contents, the following:
“To _________________ , Defendant:
“You are hereby notified that certain properties alleged to be owned by you have been garnished.
If you claim any rights in such property, you are advised:
“YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A
REPLEVY BOND. YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE
PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WRIT.”
RULE 664. DEFENDANT MAY REPLEVY
At any time before judgment, should the garnished property not have been previously claimed or
sold, the defendant may replevy the same, or any part thereof, or the proceeds from the sale of the
property if it has been sold under order of the court, by giving bond with sufficient surety or sureties
as provided by statute, to be approved by the officer who levied the writ, payable to plaintiff, in the
amount fixed by the court’s order, or, at the defendant’s option, for the value of the property or
indebtedness sought to be replevied (to be estimated by the officer), plus one year’s interest thereon
at the legal rate from the date of the bond, conditioned that the defendant, garnishee, shall satisfy,
to the extent of the penal amount of the bond, any judgment which may be rendered against him in
such action.
On reasonable notice to the opposing party (which may be less than three days) either party shall
have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency
of sureties, and estimated value of the property, by the court which authorized issuance of the writ.
The court’s determination may be made upon the basis of affidavits, if uncontroverted, setting forth
such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The
court shall forthwith enter its order either approving or modifying the requirements of the officer
or of the court’s prior order, and such order of the court shall supersede and control with respect to
such matters.
On reasonable notice to the opposing party (which may be less than three days) the defendant shall
have the right to move the court for a substitution of property, of equal value as that garnished, for
the property garnished. Provided that there has been located sufficient property of the defendant’s
to satisfy the order of garnishment, the court may authorize substitution of one or more items of
defendant’s property for all or for part of the property garnished. The court shall first make findings
as to the value of the property to be substituted. If property is substituted, the property released from
garnishment shall be delivered to defendant, if such property is personal property, and all liens upon
such property from the original order of garnishment or modification thereof shall be terminated.
Garnishment of substituted property shall be deemed to have existed from date of garnishment on
the original property garnished, and no property on which liens have become affixed since the date
of garnishment of the original property may be substituted.
RULE 664a. DISSOLUTION OR MODIFICATION OF WRIT OF GARNISHMENT
A defendant whose property or account has been garnished or any intervening party who claims an
interest in such property or account, may by sworn written motion, seek to vacate, dissolve or
modify the writ of garnishment, and the order directing its issuance, for any grounds or cause,
extrinsic or intrinsic. Such motion shall admit or deny each finding of the order directing the
issuance of the writ except where the movant is unable to admit or deny the finding, in which case
movant shall set forth the reasons why he cannot admit or deny. Unless the parties agree to an
extension of time, the motion shall be heard promptly, after reasonable notice to the plaintiff (which
may be less than three days), and the issue shall be determined not later than ten days after the
motion is filed. The filing of the motion shall stay any further proceedings under the writ, except for
any orders concerning the care, preservation or sale of any perishable property, until a hearing is
had, and the issue is determined. The writ shall be dissolved unless, at such hearing, the plaintiff
shall prove the grounds relied upon for its issuance, but the court may modify its previous order
granting the writ and the writ issued pursuant thereto. The movant shall, however, have the burden
to prove that the reasonable value of the property garnished exceeds the amount necessary to secure
the debt, interest for one year, and probable costs. He shall also have the burden to prove facts to
justify substitution of property.
The court’s determination may be made upon the basis of affidavits, if uncontroverted, setting forth
such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The
court may make all such orders including orders concerning the care, preservation or disposition of
the property (or the proceeds therefrom if the same has been sold), as justice may require. If the
movant has given a replevy bond, an order to vacate or dissolve the writ shall vacate the replevy
bond and discharge the sureties thereon, and if the court modifies its order or the writ issued
pursuant thereto, it shall make such further orders with respect to the bond as may be consistent with
its modification.
RULE 665. ANSWER TO WRIT
The answer of the garnishee shall be under oath, in writing and signed by him, and shall make true
answers to the several matters inquired of in the writ of garnishment.
RULE 666. GARNISHEE DISCHARGED
If it appears from the answer of the garnishee that he is not indebted to the defendant, and was not
so indebted when the writ of garnishment was served upon him, and that he has not in his possession
any effects of the defendant and had not when the writ was served, and if he has either denied that
any other persons within his knowledge are indebted to the defendant or have in their possession
effects belonging to the defendant, or else has named such persons, should the answer of the
garnishee not be controverted as hereinafter provided, the court shall enter judgment discharging the
garnishee.
RULE 667. JUDGMENT BY DEFAULT
If the garnishee fails to file an answer to the writ of garnishment at or before the time directed in the
writ, it shall be lawful for the court, at any time after judgment shall have been rendered against the
defendant, and on or after appearance day, to render judgment by default, as in other civil cases,
against such garnishee for the full amount of such judgment against the defendant together with all
interest and costs that may have accrued in the main case and also in the garnishment proceedings.
The answer of the garnishee may be filed as in any other civil case at any time before such default
judgment is rendered.
RULE 668. JUDGMENT WHEN GARNISHEE IS INDEBTED
Should it appear from the answer of the garnishee or should it be otherwise made to appear and be
found by the court that the garnishee is indebted to the defendant in any amount, or was so indebted
when the writ of garnishment was served, the court shall render judgment for the plaintiff against
the garnishee for the amount so admitted or found to be due to the defendant from the garnishee,
unless such amount is in excess of the amount of the plaintiff’s judgment against the defendant with
interest and costs, in which case, judgment shall be rendered against the garnishee for the full
amount of the judgment already rendered against the defendant, together with interest and costs of
the suit in the original case and also in the garnishment proceedings. If the garnishee fail or refuse
to pay such judgment rendered against him, execution shall issue thereon in the same manner and
under the same conditions as is or may be provided for the issuance of execution in other cases.
RULE 669. JUDGMENT FOR EFFECTS
Should it appear from the garnishee’s answer, or otherwise, that the garnishee has in his possession,
or had when the writ was served, any effects of the defendant liable to execution, including any
certificates of stock in any corporation or joint stock company, the court shall render a decree
ordering sale of such effects under execution in satisfaction of plaintiff’s judgment and directing the
garnishee to deliver them, or so much thereof as shall be necessary to satisfy plaintiff’s judgment,
to the proper officer for that purpose.
RULE 670. REFUSAL TO DELIVER EFFECTS
Should the garnishee adjudged to have effects of the defendant in his possession, as provided in the
preceding rule, fail or refuse to deliver them to the sheriff or constable on such demand, the officer
shall immediately make return of such failure or refusal, whereupon on motion of the plaintiff, the
garnishee shall be cited to show cause upon a date to be fixed by the court why he should not be
attached for contempt of court for such failure or refusal. If the garnishee fails to show some good
and sufficient excuse for such failure or refusal, he shall be fined for such contempt and imprisoned
until he shall deliver such effects.
[RULE 671. Repealed effective December 31, 1947]
RULE 672. SALE OF EFFECTS
The sale so ordered shall be conducted in all respects as other sales of personal property under
execution; and the officer making such sale shall execute a transfer of such effects or interest to the
purchaser, with a brief recital of the judgment of the court under which the same was sold.
RULE 673. MAY TRAVERSE ANSWER
If the plaintiff should not be satisfied with the answer of any garnishee, he may controvert the same
by his affidavit stating that he has good reason to believe, and does believe, that the answer of the
garnishee is incorrect, stating in what particular he believes the same to be incorrect. The defendant
may also, in like manner, controvert the answer of the garnishee.
RULE 674. TRIAL OF ISSUE
If the garnishee whose answer is controverted, is a resident of the county in which the proceeding
is pending, an issue shall be formed under the direction of the court and tried as in other cases.
RULE 675. DOCKET AND NOTICE
The clerk of the court or the justice of the peace, on receiving certified copies filed in the county of
the garnishee’s residence under the provisions of the statutes, shall docket the case in the name of
the plaintiff as plaintiff, and of the garnishee as defendant, and issue a notice to the garnishee, stating
that his answer has been so controverted, and that such issue will stand for trial on the docket of such
court. Such notice shall be directed to the garnishee, be dated and tested as other process from such
court, and served by delivering a copy thereof to the garnishee. It shall be returnable, if issued from
the district or county court, at ten o’clock a.m. of the Monday next after the expiration of twenty
days from the date of its service; and if issued from the justice court, to the next term of such court
convening after the expiration of twenty days after the service of such notice.
RULE 676. ISSUE TRIED IN OTHER CASES
Upon the return of such notice served, an issue shall be formed under the direction of the court and
tried as in other cases.
RULE 677. COSTS
Where the garnishee is discharged upon his answer, the costs of the proceeding, including a
reasonable compensation to the garnishee, shall be taxed against the plaintiff; where the answer of
the garnishee has not been controverted and the garnishee is held thereon, such costs shall be taxed
against the defendant and included in the execution provided for in this section; where the answer
is contested, the costs shall abide the issue of such contest.
RULE 678. GARNISHEE DISCHARGED ON PROOF
It shall be a sufficient answer to any claim of the defendant against the garnishee founded on an
indebtedness of such garnishee, or on the possession by him of any effects, for the garnishee to show
that such indebtedness has been paid, or such effects, including any certificates of stock in any
incorporated or joint stock company, have been delivered to any sheriff or constable as provided for
in Rule 669.
RULE 679. AMENDMENT
Clerical errors in the affidavit, bond, or writ of garnishment or the officer’s return thereof, may upon
application in writing to the judge or justice of the court in which the suit is filed, and after notice
to the opponent, be amended in such manner and on such terms as the judge or justice shall authorize
by an order entered in the minutes of the court (or noted on the docket of the justice of the peace),
provided such amendment appears to the judge or justice to be in furtherance of justice.
SECTION 5. INJUNCTIONS
RULE 680. TEMPORARY RESTRAINING ORDER
No temporary restraining order shall be granted without notice to the adverse party unless it clearly
appears from specific facts shown by affidavit or by the verified complaint that immediate and
irreparable injury, loss, or damage will result to the applicant before notice can be served and a
hearing had thereon. Every temporary restraining order granted without notice shall be endorsed
with the date and hour of issuance; shall be filed forthwith in the clerk’s office and entered of record;
shall define the injury and state why it is irreparable and why the order was granted without notice;
and shall expire by its terms within such time after signing, not to exceed fourteen days, as the court
fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period
or unless the party against whom the order is directed consents that it may be extended for a longer
period. The reasons for the extension shall be entered of record. No more than one extension may
be granted unless subsequent extensions are unopposed. In case a temporary restraining order is
granted without notice, the application for a temporary injunction shall be set down for hearing at
the earliest possible date and takes precedence of all matters except older matters of the same
character; and when the application comes on for hearing the party who obtained the temporary
restraining order shall proceed with the application for a temporary injunction and, if he does not
do so, the court shall dissolve the temporary restraining order. On two days’ notice to the party who
obtained the temporary restraining order without notice or on such shorter notice to that party as the
court may prescribe, the adverse party may appear and move its dissolution or modification and in
that event the court shall proceed to hear and determine such motion as expeditiously as the ends
of justice require.
Every restraining order shall include an order setting a certain date for hearing on the temporary or
permanent injunction sought.
RULE 681. TEMPORARY INJUNCTIONS: NOTICE
No temporary injunction shall be issued without notice to the adverse party.
RULE 682. SWORN PETITION
No writ of injunction shall be granted unless the applicant therefor shall present his petition to the
judge verified by his affidavit and containing a plain and intelligible statement of the grounds for
such relief.
RULE 683. FORM AND SCOPE OF INJUNCTION OR RESTRAINING ORDER
Every order granting an injunction and every restraining order shall set forth the reasons for its
issuance; shall be specific in terms; shall describe in reasonable detail and not by reference to the
complaint or other document, the act or acts sought to be restrained; and is binding only upon the
parties to the action, their officers, agents, servants, employees, and attorneys, and upon those
persons in active concert or participation with them who receive actual notice of the order by
personal service or otherwise.
Every order granting a temporary injunction shall include an order setting the cause for trial on the
merits with respect to the ultimate relief sought. The appeal of a temporary injunction shall
constitute no cause for delay of the trial.
RULE 684. APPLICANT’S BOND
In the order granting any temporary restraining order or temporary injunction, the court shall fix the
amount of security to be given by the applicant. Before the issuance of the temporary restraining
order or temporary injunction the applicant shall execute and file with the clerk a bond to the
adverse party, with two or more good and sufficient sureties, to be approved by the clerk, in the sum
fixed by the judge, conditioned that the applicant will abide the decision which may be made in the
cause, and that he will pay all sums of money and costs that may be adjudged against him if the
restraining order or temporary injunction shall be dissolved in whole or in part.
Where the temporary restraining order or temporary injunction is against the State, a municipality,
a State agency, or a subdivision of the State in its governmental capacity, and is such that the State,
municipality, State agency, or subdivision of the State in its governmental capacity, has no pecuniary
interest in the suit and no monetary damages can be shown, the bond shall be allowed in the sum
fixed by the judge, and the liability of the applicant shall be for its face amount if the restraining
order or temporary injunction shall be dissolved in whole or in part. The discretion of the trial court
in fixing the amount of the bond shall be subject to review. Provided that under equitable
circumstances and for good cause shown by affidavit or otherwise the court rendering judgment on
the bond may allow recovery for less than its full face amount, the action of the court to be subject
to review.
RULE 685. FILING AND DOCKETING
Upon the grant of a temporary restraining order or an order fixing a time for hearing upon an
application for a temporary injunction, the party to whom the same is granted shall file his petition
therefor, together with the order of the judge, with the clerk of the proper court; and, if such orders
do not pertain to a pending suit in said court, the cause shall be entered on the docket of the court
in its regular order in the name of the party applying for the writ as plaintiff and of the opposite party
as defendant.
RULE 686. CITATION
Upon the filing of such petition and order not pertaining to a suit pending in the court, the clerk of
such court shall issue a citation to the defendant as in other civil cases, which shall be served and
returned in like manner as ordinary citations issued from said court; provided, however, that when
a temporary restraining order is issued and is accompanied with a true copy of plaintiff’s petition,
it shall not be necessary for the citation in the original suit to be accompanied with a copy of
plaintiff’s petition, nor contain a statement of the nature of plaintiff’s demand, but it shall be
sufficient for said citation to refer to plaintiff’s claim as set forth in a true copy of plaintiff’s petition
which accompanies the temporary restraining order; and provided further that the court may have
a hearing upon an application for a temporary restraining order or temporary injunction at such time
and upon such reasonable notice given in such manner as the court may direct.
RULE 687. REQUISITES OF WRIT
The writ of injunction shall be sufficient if it contains substantially the following requisites:
(a) Its style shall be, “The State of Texas.”
(b) It shall be directed to the person or persons enjoined.
(c) It must state the names of the parties to the proceedings, plaintiff and defendant, and
the nature of the plaintiff’s application, with the action of the judge thereon.
(d) It must command the person or persons to whom it is directed to desist and refrain
from the commission or continuance of the act enjoined, or to obey and execute such
order as the judge has seen proper to make.
(e) If it is a temporary restraining order, it shall state the day and time set for hearing,
which shall not exceed fourteen days from the date of the court’s order granting such
temporary restraining order; but if it is a temporary injunction, issued after notice,
it shall be made returnable at or before ten o’clock a.m. of the Monday next after the
expiration of twenty days from the date of service thereof, as in the case of ordinary
citations.
(f) It shall be dated and signed by the clerk officially and attested with the seal of his
office and the date of its issuance must be indorsed thereon.
RULE 688. CLERK TO ISSUE WRIT
When the petition, order of the judge and bond have been filed, the clerk shall issue the temporary
restraining order or temporary injunction, as the case may be, in conformity with the terms of the
order, and deliver the same to the sheriff or any constable of the county of the residence of the
person enjoined, or to the applicant, as the latter shall direct. If several persons are enjoined, residing
in different counties, the clerk shall issue such additional copies of the writ as shall be requested by
the applicant. The clerk must retain a copy of the temporary restraining order or temporary
injunction in the court’s file.
RULE 689. SERVICE AND RETURN
The officer receiving a writ of injunction shall indorse thereon the date of its receipt by him, and
shall forthwith execute the same by delivering to the party enjoined a true copy thereof. The officer
must complete and file a return in accordance with Rule 107.
RULE 690. THE ANSWER
The defendant to an injunction proceeding may answer as in other civil actions; but no injunction
shall be dissolved before final hearing because of the denial of the material allegations of the
plaintiff’s petition, unless the answer denying the same is verified by the oath of the defendant.
RULE 691. BOND ON DISSOLUTION
Upon the dissolution of an injunction restraining the collection of money, by an interlocutory order
of the court or judge, made in term time or vacation, if the petition be continued over for trial, the
court or judge shall require of the defendant in such injunction proceedings a bond, with two or more
good and sufficient sureties, to be approved by the clerk of the court, payable to the complainant in
double the amount of the sum enjoined, and conditioned to refund to the complainant the amount
of money, interest and costs which may be collected of him in the suit or proceeding enjoined if such
injunction is made perpetual on final hearing. If such injunction is so perpetuated, the court, on
motion of the complainant, may enter judgment against the principal and sureties in such bond for
such amount as may be shown to have been collected from such defendant.
RULE 692. DISOBEDIENCE
Disobedience of an injunction may be punished by the court or judge, in term time or in vacation,
as a contempt. In case of such disobedience, the complainant, his agent or attorney, may file in the
court in which such injunction is pending or with the judge in vacation, his affidavit stating what
person is guilty of such disobedience and describing the acts constituting the same; and thereupon
the court or judge shall cause to be issued an attachment for such person, directed to the sheriff or
any constable of any county, and requiring such officer to arrest the person therein named if found
within his county and have him before the court or judge at the time and place named in such writ;
or said court or judge may issue a show cause order, directing and requiring such person to appear
on such date as may be designated and show cause why he should not be adjudged in contempt of
court. On return of such attachment or show cause order, the judge shall proceed to hear proof; and
if satisfied that such person has disobeyed the injunction, either directly or indirectly, may commit
such person to jail without bail until he purges himself of such contempt, in such manner and form
as the court or judge may direct.
RULE 693. PRINCIPLES OF EQUITY APPLICABLE
The principles, practice and procedure governing courts of equity shall govern proceedings in
injunctions when the same are not in conflict with these rules or the provisions of the statutes.
RULE 693a. BOND IN DIVORCE CASE
In a divorce case the court in its discretion may dispense with the necessity of a bond in connection
with an ancillary injunction in behalf of one spouse against the other.
SECTION 6. MANDAMUS
RULE 694. NO MANDAMUS WITHOUT NOTICE
No mandamus shall be granted by the district of county court on ex parte hearing, and any
peremptory mandamus granted without notice shall be abated on motion.
SECTION 7. RECEIVERS
RULE 695. NO RECEIVER OF IMMOVABLE PROPERTY
APPOINTED WITHOUT NOTICE
Except where otherwise provided by statute, no receiver shall be appointed without notice to take
charge of property which is fixed and immovable. When an application for appointment of a receiver
to take possession of property of this type is filed, the judge or court shall set the same down for
hearing and notice of such hearing shall be given to the adverse party by serving notice thereof not
less than three days prior to such hearing. If the order finds that the defendant is a nonresident or that
his whereabouts is unknown, the notice may be served by affixing the same in a conspicuous manner
and place upon the property or if that is impracticable it may be served in such other manner as the
court or judge may require.
RULE 695a. BOND, AND BOND IN DIVORCE CASES
No receiver shall be appointed with authority to take charge of property until the party applying
therefor has filed with the clerk of the court a good and sufficient bond, to be approved by such
clerk, payable to the defendant in the amount fixed by the court, conditioned for the payment of all
damages and costs in such suit, in case it should be decided that such receiver was wrongfully
appointed to take charge of such property. The amount of such bond shall be fixed at a sum
sufficient to cover all such probable damages and costs. In a divorce case the court or judge, as a
matter of discretion, may dispense with the necessity of a bond.
SECTION 8. SEQUESTRATION
RULE 696. APPLICATION FOR WRIT OF SEQUESTRATION AND ORDER
Either at the commencement of a suit or at any time during its progress the plaintiff may file an
application for a writ of sequestration. The application shall be supported by affidavits of the
plaintiff, his agent, his attorney, or other persons having knowledge of relevant facts. The
application shall comply with all statutory requirements and shall state the grounds for issuing the
writ, including the description of the property to be sequestered with such certainty that it may be
identified and distinguished from property of a like kind, giving the value of each article of the
property and the county in which it is located, and the specific facts relied upon by the plaintiff to
warrant the required findings by the court. The writ shall not be quashed because two or more
grounds are stated conjunctively or disjunctively. The application and any affidavits shall be made
on personal knowledge and shall set forth such facts as would be admissible in evidence; provided
that facts may be stated based upon information and belief if the grounds of such belief are
specifically stated.
No writ shall issue except upon written order of the court after a hearing, which may be ex parte.
The court, in its order granting the application, shall make specific findings of facts to support the
statutory grounds found to exist, and shall describe the property to be sequestered with such
certainty that it may be identified and distinguished from property of a like kind, giving the value
of each article of the property and the county in which it is located. Such order shall further specify
the amount of bond required of plaintiff which shall be in an amount which, in the opinion of the
court, shall adequately compensate defendant in the event plaintiff fails to prosecute his suit to effect
and pay all damages and costs as shall be adjudged against him for wrongfully suing out the writ of
sequestration including the elements of damages stated in Sections 62.044 and 62.045, Civil Practice
and Remedies Code. The court shall further find in its order the amount of bond required of
defendant to replevy, which shall be in an amount equivalent to the value of the property sequestered
or to the amount of plaintiff’s claim and one year’s accrual of interest if allowed by law on the claim,
whichever is the lesser amount, and the estimated costs of court. The order may direct the issuance
of several writs at the same time, or in succession, to be sent to different counties.
RULE 697. PETITION
If the suit be in the district or county court, no writ of sequestration shall issue, unless a petition shall
have been first filed therein, as in other suits in said courts.
RULE 698. BOND FOR SEQUESTRATION
No writ of sequestration shall issue until the party applying therefor has filed with the officer
authorized to issue such writ a bond payable to the defendant in the amount fixed by the court’s
order, with sufficient surety or sureties as provided by statute to be approved by such officer,
conditioned that the plaintiff will prosecute his suit to effect and pay to the extent of the penal
amount of the bond all damages and costs as may be adjudged against him for wrongfully suing out
such writ of sequestration, and plaintiff may further condition the bond pursuant to the provisions
of Rule 708, in which case he shall not be required to give additional bond to replevy unless so
ordered by the court.
After notice to the opposite party, either before or after the issuance of the writ, the defendant or
plaintiff may file a motion to increase or reduce the amount of such bond, or to question the
sufficiency of the sureties thereon, in the court in which such suit is pending. Upon hearing, the
court shall enter its order with respect to such bond and sufficiency of the sureties as justice may
require.
RULE 699. REQUISITES OF WRIT
The writ of sequestration shall be directed “To the Sheriff or any Constable within the State of
Texas” (not naming a specific county) and shall command him to take into his possession the
property, describing the same as it is described in the application or affidavits, if to be found in his
county, and to keep the same subject to further orders of the court, unless the same is replevied.
There shall be prominently displayed on the face of the writ, in ten-point type and in a manner
calculated to advise a reasonably attentive person of its contents, the following:
“YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A
REPLEVY BOND. YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE
PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WRIT.”
RULE 700. AMENDMENT
Clerical errors in the affidavit, bond, or writ of sequestration or the officer’s return thereof may upon
application in writing to the judge of the court in which the suit is filed and after notice to the
opponent, be amended in such manner and on such terms as the judge shall authorize by an order
entered in the minutes of the court, provided the amendment does not change or add to the grounds
of such sequestration as stated in the affidavit, and provided such amendment appears to the judge
to be in furtherance of justice.
RULE 700a. SERVICE OF WRIT ON DEFENDANT
The defendant shall be served in any manner provided for service of citation or as provided in Rule
21a, with a copy of the writ of sequestration, the application, accompanying affidavits, and orders
of the court as soon as practicable following the levy of the writ. There shall also be prominently
displayed on the face of the copy of the writ served on defendant, in ten-point type and in a manner
calculated to advise a reasonably attentive person of its contents, the following:
“To ________________, Defendant:
“You are hereby notified that certain properties alleged to be claimed by you have been sequestered.
If you claim any rights in such property, you are advised:
“YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A
REPLEVY BOND. YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE
PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WRIT.”
RULE 701. DEFENDANT MAY REPLEVY
At any time before judgment, should the sequestered property not have been previously claimed,
replevied, or sold, the defendant may replevy the same, or any part thereof, or the proceeds from the
sale of the property if it has been sold under order of the court, by giving bond, with sufficient surety
or sureties as provided by statute, to be approved by the officer who levied the writ, payable to
plaintiff in the amount fixed by the court’s order, conditioned as provided in Rule 702 or Rule 703.
On reasonable notice to the opposing party (which may be less than three days) either party shall
have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency
of sureties, and estimated value of the property, by the court which authorized issuance of the writ.
The court’s determination may be made upon the basis of affidavits, if uncontroverted, setting forth
such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The
court shall forthwith enter its order either approving or modifying the requirements of the officer
or of the court’s prior order, and such order of the court shall supersede and control with respect to
such matters.
RULE 702. BOND FOR PERSONAL PROPERTY
If the property to be replevied be personal property, the condition of the bond shall be that the
defendant will not remove the same out of the county, or that he will not waste, ill-treat, injure,
destroy, or dispose of the same, according to the plaintiff’s affidavit, and that he will have such
property, in the same condition as when it is replevied, together with the value of the fruits, hire or
revenue thereof, forthcoming to abide the decision of the court, or that he will pay the value thereof,
or the difference between its value at the time of replevy and the time of judgment and of the fruits,
hire or revenue of the same in case he shall be condemned to do so.
RULE 703. BOND FOR REAL ESTATE
If the property be real estate, the condition of such bond shall be that the defendant will not injure
the property, and that he will pay the value of the rents of the same in case he shall be condemned
so to do.
RULE 704. RETURN OF BOND AND ENTRY OF JUDGMENT
The bond provided for in the three preceding rules shall be returned with the writ to the court from
whence the writ issued. In case the suit is decided against the defendant, final judgment shall be
rendered against all the obligors in such bond, jointly and severally, for the value of the property
replevied as of the date of the execution of the replevy bond, and the value of the fruits, hire,
revenue, or rent thereof, as the case may be.
RULE 705. DEFENDANT MAY RETURN SEQUESTERED PROPERTY
Within ten days after final judgment for personal property the defendant may deliver to the plaintiff,
or to the officer who levied the sequestration or to his successor in office the personal property in
question, and such officer shall deliver same to plaintiff upon his demand therefor; or such defendant
shall deliver such property to the officer demanding same under execution issued therefor upon a
judgment for the title or possession of the same; and such officer shall receipt the defendant for such
property; provided, however, that such delivery to the plaintiff or to such officer shall be without
prejudice to any rights of the plaintiff under the replevy bond given by the defendant. Where a
mortgage or other lien of any kind is foreclosed upon personal property sequestered and replevied,
the defendant shall deliver such property to the officer calling for same under order of sale issued
upon a judgment foreclosing such mortgage or other lien, either in the county of defendant’s
residence or in the county where sequestered, as demanded by such officer; provided, however, that
such delivery by the defendant shall be without prejudice to any rights of the plaintiff under the
replevy bond given by the defendant.
RULE 706. DISPOSITION OF THE PROPERTY BY OFFICER
When the property is tendered back by the defendant to the officer who sequestered the same or to
the officer calling for same under an order of sale, such officer shall receive said property and hold
or dispose of the same as ordered by the court; provided, however, that such return to and receipt
of same by the officer and any sale or disposition of said property by the officer under order or
judgment of the court shall not affect or limit any rights of the plaintiff under the bond provided for
in Rule 702.
RULE 707. EXECUTION
If the property be not returned and received, as provided in the two preceding rules, execution shall
issue upon said judgment for the amount due thereon, as in other cases.
RULE 708. PLAINTIFF MAY REPLEVY
When the defendant fails to replevy the property within ten days after the levy of the writ and
service of notice on defendant, the officer having the property in possession shall at any time
thereafter and before final judgment, deliver the same to the plaintiff upon his giving bond payable
to defendant in a sum of money not less than the amount fixed by the court’s order, with sufficient
surety or sureties as provided by statute to be approved by such officer. If the property to be
replevied be personal property, the condition of the bond shall be that he will have such property,
in the same condition as when it is replevied, together with the value of the fruits, hire or revenue
thereof, forthcoming to abide the decision of the court, or that he will pay the value thereof, or the
difference between its value at the time of replevy and the time of judgment (regardless of the cause
of such difference in value, and of the fruits, hire or revenue of the same in case he shall be
condemned to do so). If the property be real estate, the condition of such bond shall be that the
plaintiff will not injure the property, and that he will pay the value of the rents of the same in case
he shall be condemned to do so.
On reasonable notice to the opposing party (which may be less than three days) either party shall
have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency
of sureties, and estimated value of the property, by the court which authorized issuance of the writ.
The court’s determination may be made upon the basis of affidavits, if uncontroverted, setting forth
such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The
court shall forthwith enter its order either approving or modifying the requirements of the officer
or of the court’s prior order, and such order of the court shall supersede and control with respect to
such matters.
RULE 709. WHEN BOND FORFEITED
The bond provided for in the preceding rule shall be returned by the officer to the court issuing the
writ immediately after he has approved same, and in case the suit is decided against the plaintiff,
final judgment shall be entered against all the obligors in such bond, jointly and severally for the
value of the property replevied as of the date of the execution of the replevy bond, and the value of
the fruits, hire, revenue or rent thereof as the case may be. The same rules which govern the
discharge or enforcement of a judgment against the obligors in the defendant’s replevy bond shall
be applicable to and govern in case of a judgment against the obligors in the plaintiff’s replevy bond.
RULE 710. SALE OF PERISHABLE GOODS
If after the expiration of ten days from the levy of a writ of sequestration the defendant has failed
to replevy the same, if the plaintiff or defendant shall make affidavit in writing that the property
levied upon, or any portion thereof, is likely to be wasted or destroyed or greatly depreciated in
value by keeping, and if the officer having possession of such property shall certify to the truth of
such affidavit, it shall be the duty of the judge or justice of the peace to whose court the writ is
returnable, upon the presentation of such affidavit and certificate, either in term time or vacation,
to order the sale of said property or so much thereof as is likely to be so wasted, destroyed or
depreciated in value by keeping, but either party may replevy the property at any time before such
sale.
RULE 711. ORDER OF SALE FOR
The judge or justice granting the order provided for in the preceding rule shall issue an order
directed to the officer having such property in possession, commending such officer to sell such
property in the same manner as under execution.
RULE 712. RETURN OF ORDER
The officer making such sale shall, within five days thereafter, return the order of sale to the court
from whence the same issued, with his proceedings thereon, and shall, at the time of making such
return, pay over to the clerk or justice of the peace the proceeds of such sale.
RULE 712a. DISSOLUTION OR MODIFICATION OF WRIT OF SEQUESTRATION
A defendant whose property has been sequestered or any intervening party who claims an interest
in such property, may by sworn written motion, seek to vacate, dissolve, or modify the writ and the
order directing its issuance, for any grounds or cause, extrinsic or intrinsic, including a motion to
reduce the amount of property sequestered when the total amount described and authorized by such
order exceeds the amount necessary to secure the plaintiff’s claim, one year’s interest if allowed by
law on the claim, and costs. Such motion shall admit or deny each finding of the order directing the
issuance of the writ except where the movant is unable to admit or deny the finding, in which case
movant shall set forth the reasons why he cannot admit or deny. Unless the parties agree to an
extension of time, the motion shall be heard promptly, after reasonable notice to the plaintiff (which
may be less than three days), and the issue shall be determined not later than ten days after the
motion is filed. The filing of the motion shall stay any further proceedings under the writ, except for
any orders concerning the care, preservation, or sale of any perishable property, until a hearing is
had, and the issue is determined. The writ shall be dissolved unless, at such hearing, the plaintiff
shall prove the grounds relied upon for its issuance, but the court may modify its previous order
granting the writ and the writ issued pursuant thereto. The movant shall, however, have the burden
to prove that the reasonable value of the property sequestered exceeds the amount necessary to
secure the debt, interest for one year, and probable costs.
The court’s determination may be made upon the basis of affidavits, if uncontroverted, setting forth
such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The
court may make all such orders, including orders concerning the care, preservation, or disposition
of the property (or the proceeds therefrom if the same has been sold) as justice may require. If the
movant has given a replevy bond, an order to vacate or dissolve the writ shall vacate the replevy
bond and discharge the sureties thereon, and if the court modifies its order or the writ issued
pursuant thereto, it shall make such further orders with respect to the bond as may be consistent with
its modification.
RULE 713. SALE ON DEBT NOT DUE
If the suit in which the sequestration issued be for a debt or demand not yet due, and the property
sequestered be likely to be wasted, destroyed or greatly depreciated in value by keeping, the judge
or justice of the peace shall, under the regulations hereinbefore provided, order the same to be sold,
giving credit on such sale until such debt or demand shall become due.
RULE 714. PURCHASER’S BOND
In the case of a sale as provided for in the preceding rule, the purchaser of the property shall execute
his bond, with two or more good and sufficient sureties, to be approved by the officer making the
sale, and payable to such officer, in a sum not less than double the amount of the purchase money,
conditioned that such purchaser shall pay such purchase money at the expiration of the time given.
RULE 715. RETURN OF BOND
The bond provided for in the preceding rule shall be returned by the officer taking the same to the
clerk or justice of the peace from whose court the order of sale issued, with such order, and shall be
filed among the papers in the cause.
RULE 716. RECOVERY ON BOND
In case the purchaser does not pay the purchase money at the expiration of the time given, judgment
shall be rendered against all the obligors in such bond for the amount of such purchase money,
interest thereon and all costs incurred in the enforcement and collection of the same; and execution
shall issue thereon in the name of the plaintiff in the suit, as in other cases, and the money when
collected shall be paid to the clerk or justice of the peace to abide the final decision of the cause.
SECTION 9. TRIAL OF RIGHT OF PROPERTY
RULE 717. CLAIMANT MUST MAKE AFFIDAVIT
Whenever a distress warrant, writ of execution, sequestration, attachment, or other like writ is levied
upon personal property, and such property, or any part thereof, shall be claimed by any claimant who
is not a party to such writ, such claimant may make application that such claim is made in good
faith, and file such application with the court in which such suit is pending. Such application may
be supported by affidavits of the claimant, his agent, his attorney, or other persons having
knowledge of relevant facts. The application shall comply with all statutory requirements and shall
state the grounds for such claim and the specific facts relied upon by the claimant to warrant the
required findings by the court.
The claim shall not be quashed because two or more grounds are stated conjunctively or
disjunctively. The application and any affidavits shall be made on personal knowledge and shall set
forth such facts as would be admissible in evidence; provided that facts may be stated based upon
information and belief if the grounds of such belief are specifically stated.
No property shall be delivered to the claimant except on written order of the court after a hearing
pursuant to Rule 718. The court in its order granting the application shall make specific findings of
facts to support the statutory grounds found to exist and shall specify the amount of the bond
required of the claimant.
RULE 718. PROPERTY DELIVERED TO CLAIMANT
Any claimant who claims an interest in property on which a writ has been levied may, by sworn
written motion, seek to obtain possession of such property. Such motion shall admit or deny each
finding of the order directing the issuance of the writ except where the claimant is unable to admit
or deny the finding, in which case claimant shall set forth the reasons why he cannot admit or deny.
Such motion shall also contain the reasons why the claimant has superior right or title to the property
claimed as against the plaintiff in the writ. Unless the parties agree to an extension of time, the
motion shall be heard promptly, after reasonable notice to the plaintiff (which may be less than three
days), and the issue shall be determined not later than 10 days after the motion is filed. The filing
of the motion shall stay any further proceedings under the writ, except for any orders concerning the
care, preservation, or sale of any perishable property, until a hearing is had, and the issue is
determined. The claimant shall have the burden to show superior right or title to the property
claimed as against the plaintiff and defendant in the writ.
The court’s determination may be made upon the basis of affidavits, if uncontroverted, setting forth
such facts as would be admissible in evidence, but additional evidence, if tendered by either party
shall be received and considered. The court may make all such orders, including orders concerning
the care, preservation, or disposition of the property, or the proceeds therefrom if the same has been
sold, as justice may require, and if the court modifies its order or the writ issued pursuant thereto,
it shall make such further orders with respect to the bond as may be consistent with its modification.
RULE 719. BOND
No property shall be put in the custody of the claimant until the claimant has filed with the officer
who made the levy, a bond in an amount fixed by the court’s order equal to double the value of the
property so claimed, payable to the plaintiff in the writ, with sufficient surety or sureties as provided
by statute to be approved by such officer, conditioned that the claimant will return the same to the
officer making the levy, or his successor, in as good condition as he received it, and shall also pay
the reasonable value of the use, hire, increase and fruits thereof from the date of said bond, or, in
case he fails so to return said property and pay for the use of the same, that he shall pay the plaintiff
the value of said property, with legal interest thereon from the date of the bond, and shall also pay
all damages and costs that may be awarded against him for wrongfully suing out such claim.
The plaintiff or claimant may file a motion to increase or reduce the amount of such bond, or to
question the sufficiency of the sureties thereon, in the court in which such suit is pending. Upon
hearing, the court shall enter its order with respect to such bond and sufficiency of the sureties.
RULE 720. RETURN OF BOND
Whenever any person shall claim property and shall duly make the application and give the bond,
if the writ under which the levy was made was issued by a justice of the peace or a court of the
county where such levy was made, the officer receiving such application and bond shall endorse on
the writ that such claim has been made and application and bond given, and by whom; and shall also
endorse on such bond the value of the property as assessed by himself, and shall forthwith return
such bond with a copy of the writ to the proper court having jurisdiction to try such claim.
RULE 721. OUT-COUNTY LEVY
Whenever any person shall claim property and shall make the application and give the bond as
provided for herein, if the writ under which such levy was made was issued by a justice of the peace
or a court of another county than that in which such levy was made, then the officer receiving such
bond shall endorse on such bond the value of the property as assessed by himself, and shall forthwith
return such bond with a copy of the writ, to the property court having jurisdiction to try such claim.
RULE 722. RETURN OF ORIGINAL WRIT
The officer taking such bond shall also endorse on the original writ, if in his possession, that such
claim has been made and application and bond given, stating by whom, the names of the surety or
sureties, and to what justice or court the bond has been returned; and he shall forthwith return such
original writ to the tribunal from which it issued.
RULE 723. DOCKETING CAUSE
Whenever any bond for the trial of the right of property shall be returned, the clerk of the court, or
such justice of the peace, shall docket the same in the original writ proceeding in the name of the
plaintiff in the writ as the plaintiff, and the claimant of the property as intervening claimant.
RULE 724. ISSUE MADE UP
After the claim proceedings have been docketed, and on the hearing day set by the court, then the
court, or the justice of the peace, as the case may be, shall enter an order directing the making and
joinder of issues by the parties. Such issues shall be in writing and signed by each party or his
attorney. The plaintiff shall make a brief statement of the authority and right by which he seeks to
subject the property levied on to the process, and it shall be sufficient for the claimant and other
parties to make brief statements of the nature of their claims thereto.
RULE 725. JUDGMENT BY DEFAULT
If the plaintiff appears and the claimant fails to appear or neglects or refuses to join issue under the
direction of the court or justice within the time prescribed for pleading, the plaintiff shall have
judgment by default.
RULE 726. JUDGMENT OF NON-SUIT
If the plaintiff does not appear, he shall be non-suited.
RULE 727. PROCEEDINGS
The proceedings and practice on the trial shall be as nearly as may be the same as in other cases
before such court or justice.
RULE 728. BURDEN OF PROOF
If the property was taken from the possession of the claimant pursuant to the original writ, the
burden of proof shall be on the plaintiff in the writ. If it was taken from the possession of the
defendant in such writ, or any other person than the claimant, the burden of proof shall be on the
claimant.
RULE 729. COPY OF WRIT EVIDENCE
In all trials of the right of property, under the provisions of this section in any county other than that
in which the writ issued under which the levy was made, the copy of the writ herein required to be
returned by the officer making the levy shall be received in evidence in like manner as the original
could be.
RULE 730. FAILURE TO ESTABLISH TITLE
Where any claimant has obtained possession of property, and shall ultimately fail to establish his
right thereto, judgment may be rendered against him and his sureties for the value of the property,
with legal interest thereon from the date of such bond. Such judgment shall be rendered in favor of
the plaintiff or defendant in the writ, or of the several plaintiffs or defendants, if more than one, and
shall fix the amount of the claim of each.
RULE 731. EXECUTION SHALL ISSUE
If such judgment should not be satisfied by a return of the property, then after the expiration of ten
days from the date of the judgment, execution shall issue thereon in the name of the plaintiff or
defendant for the amount of the claim, or of all the plaintiffs or defendants for the sum of their
several claims, provided the amount of such judgment shall inure to the benefit of any person who
shall show superior right or title to the property claimed as against the claimant; but if such
judgment be for a less amount than the sum of the several plaintiffs’ or defendants’ claims, then the
respective rights and priorities of the several plaintiffs or defendants shall be fixed and adjusted in
the judgment.
RULE 732. RETURN OF PROPERTY BY CLAIMANT
If, within ten days from the rendition of said judgment, the claimant shall return such property in
as good condition as he received it, and pay for the use of the same together with the damages and
costs, such delivery and payment shall operate as a satisfaction of such judgment.
RULE 733. CLAIM IS A RELEASE OF DAMAGES
A claim made to the property, under the provisions of this section, shall operate as a release of all
damages by the claimant against the officer who levied upon said property.
RULE 734. LEVY ON OTHER PROPERTY
Proceedings for the trial of right of property under these rules shall in no case prevent the plaintiff
in the writ from having a levy made upon any other property of the defendant.
TEXAS RULES OF CIVIL PROCEDURE
PART VII – RULES RELATING TO SPECIAL PROCEEDINGS
SECTION I. PROCEDURES RELATED TO FORECLOSURES OF CERTAIN LIENS
RULE 735. FORECLOSURES REQUIRING A COURT ORDER
735.1. Liens Affected
Rule 736 provides the procedure for obtaining a court order, when required, to allow foreclosure of
a lien containing a power of sale in the security instrument, dedicatory instrument, or declaration
creating the lien, including a lien securing any of the following:
(a) a home equity loan, reverse mortgage, or home equity line of credit under article XVI,
sections 50(a)(6), 50(k), and 50(t) of the Texas Constitution;
(b) a tax lien transfer or property tax loan under sections 32.06 and 32.065 of the Tax Code; or
(c) a property owners’ association assessment under section 209.0092 of the Property Code.
735.2. Other Statutory and Contractual Foreclosure Provisions Unaltered
A Rule 736 order does not alter any foreclosure requirement or duty imposed under applicable law
or the terms of the loan agreement, contract, or lien sought to be foreclosed. The only issue to be
determined in a Rule 736 proceeding is whether a party may obtain an order under Rule 736 to
proceed with foreclosure under applicable law and the terms of the loan agreement, contract, or lien
sought to be foreclosed.
735.3. Judicial Foreclosure Unaffected
A Rule 736 order is not a substitute for a judgment for judicial foreclosure, but any loan agreement,
contract, or lien that may be foreclosed using Rule 736 procedures may also be foreclosed by
judgment in an action for judicial foreclosure.
RULE 736. EXPEDITED ORDER PROCEEDING
736.1. Application
(a) Where Filed. An application for an expedited order allowing the foreclosure of a lien listed
in Rule 735 to proceed must be filed in a county where all or part of the real property
encumbered by the loan agreement, contract, or lien sought to be foreclosed is located or in
a probate court with jurisdiction over proceedings involving the property.
(b) Style. An application must be styled “In re: Order for Foreclosure Concerning [state:
property’s mailing address] under Tex. R. Civ. P. 736.”
(c) When Filed. An application may not be filed until the opportunity to cure has expired under
applicable law and the loan agreement, contract, or lien sought to be foreclosed.
(d) Contents. The application must:
(1) Identify by name and last known address each of the following parties:
(A) “Petitioner” – any person legally authorized to prosecute the foreclosure;
(B) “Respondent” – according to the records of the holder or servicer of the loan
agreement, contract, or lien sought to be foreclosed;
(i) for a home equity loan, reverse mortgage, or home equity line of
credit, each person obligated to pay the loan agreement, contract, or
lien sought to be foreclosed and each mortgagor, if any, of the loan
agreement, contract, or lien sought to be foreclosed;
(ii) for a tax lien transfer or property tax loan, each person obligated to
pay the loan agreement, contract, or lien sought to be foreclosed, each
mortgagor, if any, of the loan agreement, contract, or lien sought to
be foreclosed, each owner of the property, and the holder of any
recorded preexisting first lien secured by the property;
(iii) for a property owners’ association assessment, each person obligated
to pay the loan agreement, contract, or lien sought to be foreclosed
who has a current ownership interest in the property.
(2) Identify the property encumbered by the loan agreement, contract, or lien sought to
be foreclosed by its commonly known street address and legal description.
(3) Describe or state:
(A) the type of lien listed in Rule 735 sought to be foreclosed and its
constitutional or statutory reference;
(B) the authority of the party seeking foreclosure, whether as the servicer,
beneficiary, lender, investor, property owners’ association, or other person
with authority to prosecute the foreclosure;
(C) each person obligated to pay the loan agreement, contract, or lien sought to
be foreclosed;
(D) each mortgagor, if any, of the loan agreement, contract, or lien sought to be
foreclosed who is not a maker or assumer of the underlying debt;
(E) as of a date that is not more than sixty days prior to the date the application
is filed:
(i) if the default is monetary, the number of unpaid scheduled payments,
(ii) if the default is monetary, the amount required to cure the default,
(iii) if the default is non-monetary, the facts creating the default, and
(iv) if applicable, the total amount required to pay off the loan agreement,
contract or lien;
(F) that the requisite notice or notices to cure the default has or have been mailed
to each person as required under applicable law and the loan agreement,
contract, or lien sought to be foreclosed and that the opportunity to cure has
expired; and
(G) that before the application was filed, any other action required under
applicable law and the loan agreement, contract, or lien sought to be
foreclosed was performed.
(4) For a tax lien transfer or property tax loan, state all allegations required to be
contained in the application in accordance with section 32.06(c-1)(1) of the Tax
Code.
(5) Conspicuously state:
(A) that legal action is not being sought against the occupant of the property
unless the occupant is also names as a respondent in the application; and
(B) that if the petitioner obtains a court order, the petitioner will proceed with a
foreclosure of the property in accordance with applicable law and the terms
of the loan agreement, contract, or lien sought to be foreclosed.
(6) Include an affidavit of material facts in accordance with Rule 166a(f) signed by the
petitioner or the servicer describing the basis for foreclosure and, depending on the
type of lien sought to be foreclosed, attach a legible copy of:
(A) the note, original recorded lien, or pertinent part of a property owners’
association declaration or dedicatory instrument establishing the lien, and
current assignment of the lien, if assigned;
(B) each notice required to be mailed to any person under applicable law and the
loan agreement, contract, or lien sought to be foreclosed before the
application was filed and proof of mailing of each notice; and
(C) for a tax lien transfer or property tax loan:
(i) the property owner’s sworn document required under section 32.06(-
1) of the Tax Code; and
(ii) the taxing authority’s certified statement attesting to the transfer of
the lien, required under section 32.06(b) of the Tax Code.
736.2. Costs
All filing, citation, mailing, service, and other court costs and fees are costs of court and must be
paid by petitioner at the time of filing an application with the clerk of the court.
736.3. Citation
(a) Issuance.
(1) When the application is filed, the clerk must issue a separate citation for each
respondent named in the application and one additional citation for the occupant of
the property sought to be foreclosed.
(2) Each citation that is directed to a respondent must state that any response to the
application is due the first Monday after the expiration of 38 days from the date the
citation was placed in the custody of the U.S. Postal Service in accordance with the
clerk’s standard mailing procedures and state the date that the citation was placed in
the custody of the U.S. Postal Service by the clerk.
(b) Service and Return.
(1) The clerk of the court must serve each citation, with a copy of the application
attached, by both first class mail and certified mail. A citation directed to a
respondent must be mailed to the respondent’s last known address that is stated in the
application. A citation directed to the occupant of the property sought to be
foreclosed must be mailed to Occupant of [state: property’s mailing address] at the
address of the property sought to be foreclosed that is stated in the application.
(2) Concurrently with service, the clerk must complete a return of service in accordance
with Rule 107, except that the return of service need not contain a return receipt. For
a citation mailed by the clerk in accordance with (b)(1), the date of service is the date
and time the citation was placed in the custody of the U.S. Postal Service in a
properly addressed, postage prepaid envelope in accordance with the clerk’s standard
mailing procedures.
(3) The clerk must only charge one fee per respondent or occupant served under this rule.
736.4. Discovery
No discovery is permitted in a Rule 736 proceeding.
736.5. Response
(a) Generally. A respondent may file a response contesting the application.
(b) Due Date. Any response to the application is due the first Monday after the expiration of 38
days from the date the citation was placed in the custody of the U.S. Postal Service in
accordance with the clerk’s standard mailing procedures, as stated on the citation.
(c) Form. A response must be signed in accordance with Rule 57 and may be in the form of a
general denial under Rule 92, except that a respondent must affirmatively plead:
(1) why the respondent believes a respondent did not sign a loan agreement document,
if applicable, that is specifically identified by the respondent;
(2) why the respondent is not obligated for payment of the lien;
(3) why the number of months of alleged default or the reinstatement or pay off amounts
are materially incorrect;
(4) why any document attached to the application is not a true and correct copy of the
original; or
(5) proof of payment in accordance with Rule 95.
(d) Other Claims. A response may not state an independent claim for relief. The court must,
without a hearing, strike and dismiss any counterclaim, cross claim, third party claim,
intervention, or cause of action filed by any person in a Rule 736 proceeding.
736.6. Hearing Required When Response Filed
The court must not conduct a hearing under this rule unless a response is filed. If a response is filed,
the court must hold a hearing after reasonable notice to the parties. The hearing on the application
must not be held earlier than 20 days or later than 30 days after a request for a hearing is made by
any party. At the hearing, the petitioner has the burden to prove by affidavits on file or evidence
presented the grounds for granting the order sought in the application.
736.7. Default When No Response Filed
(a) If no response to the application is filed by the due date, the petitioner may file a motion and
proposed order to obtain a default order. For the purposes of obtaining a default order, all
facts alleged in the application and supported by the affidavit of material facts constitute
prima facie evidence of the truth of the matters alleged.
(b) The court must grant the application by default order no later than 30 days after a motion is
filed under (a) if the application complies with the requirements of Rule 736.1 and was
properly served in accordance with Rule 736.3. The petitioner need not appear in court to
obtain a default order.
(c) The return of service must be on file with the clerk of the court for at least 10 days before the
court may grant the application by default.
736.8. Order
(a) The court must issue an order granting the application if the petitioner establishes the basis
for the foreclosure. Otherwise, the court must deny the application.
(b) An order granting the application must describe:
(1) the material facts establishing the basis for foreclosure;
(2) the property to be foreclosed by commonly known mailing address and legal
description;
(3) the name and last known address of each respondent subject to the order; and
(4) the recording or indexing information of each lien to be foreclosed.
(c) An order granting or denying the application is not subject to a motion for rehearing, new
trial, bill of review, or appeal. Any challenge to a Rule 736 order must be made in a suit
filed in a separate, independent, original proceeding in a court of competent jurisdiction.
736.9. Effect of the Order
An order is without prejudice and has no res judicata, collateral estoppel, estoppel by judgment, or
other effect in any other judicial proceeding. After an order is obtained, a person may proceed with
the foreclosure process under applicable law and the terms of the lien sought to be foreclosed.
736.10. Bankruptcy
If a respondent provides proof to the clerk of the court that respondent filed bankruptcy before an
order is signed, the proceeding under this rule must be abated so long as the automatic stay is
effective.
736.11. Automatic Stay and Dismissal if Independent Suit Filed
(a) A proceeding or order under this rule is automatically stayed if a respondent files a separate,
original proceeding in a court of competent jurisdiction that puts in issue any matter related
to the origination, servicing, or enforcement of the loan agreement, contract, or lien sought
to be foreclosed prior to 5:00 p.m. on the Monday before the scheduled foreclosure sale.
(b) Respondent must give prompt notice of the filing of the suit to petitioner or petitioner’s
attorney and the foreclosure trustee or substitute trustee by any reasonable means necessary
to stop the scheduled foreclosure sale.
(c) Within ten days of filing suit, the respondent must file a motion and proposed order to
dismiss or vacate with the clerk of the court in which the application was filed giving notice
that respondent has filed an original proceeding contesting the right to foreclose in a court
of competent jurisdiction. If no order has been signed, the court must dismiss a pending
proceeding. If an order has been signed, the court must vacate the Rule 736 order.
(d) If the automatic stay under this rule is in effect, any foreclosure sale of the property is void.
Within 10 business days of notice that the foreclosure sale was void, the trustee or substitute
trustee must return to the buyer of the foreclosed property the purchase price paid by the
buyer.
(e) The court may enforce the Rule 736 process under chapters 9 and 10 of the Civil Practices
and Remedies Code.
736.12. Attachment of Order to Trustee’s Deed
A conformed copy of the order must be attached to the trustee or substitute trustee’s foreclosure
deed.
736.13. Promulgated Forms
The Supreme Court of Texas may promulgate forms that conform to this rule.
Comment to 2011 change
Rules 735 and 736 have been rewritten and expanded to cover property owners’ associations’
assessment liens, in accordance with amendments to chapter 209 of the Property Code. Rule 735.1
makes the expedited procedures of Rule 736 available only when the lienholder has a power of sale
but a court order is nevertheless required by law to foreclose the lien. Rule 735.2 makes clear that
Rule 736 is procedural only and does not affect other contractual or legal rights or duties. Any lien
which can be foreclosed under Rule 736 may also be foreclosed in an action for judicial foreclosure,
as Rule 735.3 states, but no lienholder is required to obtain both a Rule 736 order and a judgment
for judicial foreclosure. The requirement of conspicuousness in Rule 736.1(d)(5) has reference to
section 1.201(b)(10) of the Business and Commerce Code.
[Rules 737-755 Repealed effective August 31, 2013]
SECTION 4. PARTITION OF REAL ESTATE
RULE 756. PETITION
The plaintiff’s petition shall state:
(a) The names and residence, if known, of each of the other joint owners, or joint
claimants, of such property.
(b) The share or interest which the plaintiff and the other joint owners, or joint claimants,
of same own or claim so far as known to the plaintiff.
(c) The land sought to be partitioned shall be so described as that the same may be
distinguished from any other and the estimated value thereof stated.
RULE 757. CITATION AND SERVICE
Upon the filing of a petition for partition, the clerk shall issue citation for each of the joint owners,
or joint claimants, named therein, as in other cases, and such citations shall be served in the manner
and for the time provided for the service of citations in other cases.
RULE 758. WHERE DEFENDANT IS UNKNOWN OR RESIDENCE IS UNKNOWN
If the plaintiff, his agent or attorney, at the commencement of any suit, or during the progress thereof,
for the partition of land, shall make affidavit that an undivided portion of the land described in
plaintiff’s petition in said suit is owned by some person unknown to affiant, or that the place of
residence of any known party owning an interest in land sought to be partitioned is unknown to
affiant, the Clerk of the Court shall issue citation for publication, conforming to the requirements
of Rules 114 and 115, and served in accordance with the directions of Rule 116. In case of unknown
residence or party, the affidavit shall include a statement that after due diligence plaintiff and the
affiant have been unable to ascertain the name or locate the residence of such party, as the case may
be, and in such case it shall be the duty of the court trying the action to inquire into the sufficiency
of the diligence so stated before granting any judgment.
RULE 759. JUDGMENT WHERE DEFENDANT CITED BY PUBLICATION
When the defendant has been duly cited by publication in accordance with the preceding rule, and
no appearance is entered within the time prescribed for pleadings, the court shall appoint an attorney
to defend in behalf of such owner or owners, and proceed as in other causes where service is made
by publication. It shall be the special duty of the court in all cases to see that its decree protects the
rights of the unknown parties thereto. The judge of the court shall fix the fee of the attorney so
appointed, which shall be entered and collected as costs against said unknown owner or owners.
RULE 760. COURT SHALL DETERMINE, WHAT
Upon the hearing of the cause, the court shall determine the share or interest of each of the joint
owners or claimants in the real estate sought to be divided, and all questions of law or equity
affecting the title to such land which may arise.
RULE 761. APPOINTMENT OF COMMISSIONERS
The court shall determine before entering the decree of partition whether the property, or any part
thereof, is susceptible of partition; and, if the court determines that the whole, or any part of such
property is susceptible of partition, then the court for that part of such property held to be susceptible
of partition shall enter a decree directing the partition of such real estate, describing the same, to be
made in accordance with the respective shares or interests of each of such parties entitled thereto,
specify in such decree the share or interest of each party, and shall appoint three or more competent
and disinterested persons as commissioners to make such partition in accordance with such decree
and the law, a majority of which commissioners may act.
RULE 762. WRIT OF PARTITION
The clerk shall issue a writ a partition, directed to the sheriff or any constable of the county,
commanding such sheriff or constable to notify each of the commissioners of their appointment as
such, and shall accompany such writ with a certified copy of the decree of the court directing the
partition.
RULE 763. SERVICE OF WRIT OF PARTITION
The writ of partition shall be served by reading the same to each of the persons named therein as
commissioners, and by delivering to any one of them the accompanying certified copy of the decree
of the court.
RULE 764. MAY APPOINT SURVEYOR
The court may, should it be deemed necessary, appoint a surveyor to assist the commissioners in
making the partition, in which case the writ of partition shall name such surveyor, and shall be
served upon him by reading the same to him.
RULE 765. RETURN OF WRIT
A writ of partition, unless otherwise directed by the court, shall be made returnable twenty days from
date of service on the commissioner last served; and the officer serving it shall endorse thereon the
time and manner of such service.
RULE 766. SHALL PROCEED TO PARTITION
The commissioners, or a majority of them, shall proceed to partition the real estate described in the
decree of the court, in accordance with the directions contained in such decree and with the
provisions of law and these rules.
RULE 767. MAY CAUSE SURVEY
If the commissioners deem it necessary, they may cause to be surveyed the real estate to be
partitioned into several tracts or parcels.
RULE 768. SHALL DIVIDE REAL ESTATE
The commissioners shall divide the real estate to be partitioned into as many shares as there are
persons entitled thereto, as determined by the court, each share to contain one or more tracts or
parcels, as the commissioners may think proper, having due regard in the division to the situation,
quantity and advantages of each share, so that the shares may be equal in value, as nearly as may be,
in proportion to the respective interests of the parties entitled. The commissioners shall then proceed
by lot to set apart to each of the parties entitled one of said shares, determined by the decrees of the
court.
RULE 769. REPORT OF COMMISSIONERS
When the commissioners have completed the partition, they shall report the same in writing and
under oath to the court, which report shall show:
(a) The property divided, describing the same.
(b) The several tracts or parcels into which the same was divided by them, describing
each particularly.
(c) The number of shares and the land which constitutes each share, and the estimated
value of each share.
(d) The allotment of each share.
(e) The report shall be accompanied by such field notes and maps as may be necessary
to make the same intelligible.
The clerk shall immediately mail written notice of the filing of the report to all parties.
RULE 770. PROPERTY INCAPABLE OF DIVISION
Should the court be of the opinion that a fair and equitable division of the real estate, or any part
thereof, cannot be made, it shall order a sale of so much as is incapable of partition, which sale shall
be for cash, or upon such other terms as the court may direct, and shall be made as under execution
or by private or public sale through a receiver, if the court so order, and the proceeds thereof shall
be returned into court and be partitioned among the persons entitled thereto, according to their
respective interests.
RULE 771. OBJECTIONS TO REPORT
Either party to the suit may file objections to any report of the commissioners in partition within
thirty days of the date the report is filed, and in such case a trial of the issues thereon shall be had
as in other cases. If the report be found to be erroneous in any material respect, or unequal and
unjust, the same shall be rejected, and other commissioners shall be appointed by the Court, and the
same proceedings had as in the first instance.
SECTION 5. PARTITION OF PERSONAL PROPERTY
RULE 772. PROCEDURE
An action seeking partition of personal property as authorized by Section 23.001, Texas Property
Code, shall be commenced in the same manner as other civil suits, and the several owners or
claimants of such property shall be cited as in other cases.
RULE 773. VALUE ASCERTAINED
The separate value of each article of such personal property, and the allotment in kind to which each
owner is entitled, shall be ascertained by the court, with or without a jury.
RULE 774. DECREE OF COURT EXECUTED
When partition in kind of personal property is ordered by the judgment of the court, a writ shall be
issued in accordance with such judgment, commanding the sheriff or constable of the county where
the property may be to put the parties forthwith in possession of the property allotted to each
respectively.
RULE 775. PROPERTY SOLD
When personal property will not admit of a fair and equitable partition, the court shall ascertain the
proportion to which each owner thereof is entitled, and order the property to be sold, and execution
shall be issued to the sheriff or any constable of the county where the property may be describing
such property and commanding such officer to sell the same as in other cases of execution, and pay
over the proceeds of sale to the parties entitled thereto, in the proportion ascertained by the judgment
of the court.
SECTION 6. PARTITION: MISCELLANEOUS PROVISIONS
RULE 776. CONSTRUCTION
No provision of the statutes or rules relating to partition shall affect the mode of proceeding
prescribed by law for the partition of estates of decedents among the heirs and legatees, nor preclude
partition in any other manner authorized by the rules of equity, which rules shall govern in
proceedings for partition in all respects not provided for by law or these rules.
RULE 777. PLEADING AND PRACTICE
The same rules of pleading, practice and evidence which govern in other civil actions shall govern
in suits for partition, when not in conflict with any provisions of the law or these rules relating to
partition.
RULE 778. COSTS
The court shall adjudge the costs in a partition suit to be paid by each party to whom a share has been
allotted in proportion to the value of such share.
SECTION 7. QUO WARRANTO
RULE 779. JOINDER OF PARTIES
When it appears to the court or judge that the several rights of divers parties to the same office or
franchise may properly be determined on one information, the court or judge may give leave to join
all such persons in the same information in order to try their respective rights to such office or
franchise.
RULE 780. CITATION TO ISSUE
When such information is filed, the clerk shall issue citation as in civil actions, commanding the
defendant to appear and answer the relator in an information in the nature of a quo warranto.
RULE 781. PROCEEDING AS IN CIVIL CASES
Every person or corporation who shall be cited as hereinbefore provided shall be entitled to all the
rights in the trial and investigation of the matters alleged against him, as in other cases of trial of
civil cases in this State. Either party may prosecute an appeal or writ of error from any judgment
rendered, as in other civil cases, subject, however, to the provisions of Rule 42, Texas Rules of
Appellate Procedure, and the appellate court shall give preference to such case, and hear and
determine the same as early as practicable.
RULE 782. REMEDY CUMULATIVE
The remedy and mode of procedure hereby prescribed shall be construed to be cumulative of any
now existing.
Section 8. Trespass to Try Title
RULE 783. REQUISITES OF PETITION
The petition shall state:
(a) The real names of the plaintiff and defendant and their residences, if known.
(b) A description of the premises by metes and bounds, or with sufficient certainty to
identify the same, so that from such description possession thereof may be delivered,
and state the county or counties in which the same are situated.
(c) The interest which the plaintiff claims in the premises, whether it be a fee simple or
other estate; and, if he claims an undivided interest, the petition shall state the same
and the amount thereof.
(d) That the plaintiff was in possession of the premises or entitled to such possession.
(e) That the defendant afterward unlawfully entered upon and dispossessed him of such
premises, stating the date, and withholds from him the possession thereof.
(f) If rents and profits or damages are claimed, such facts as show the plaintiff to be
entitled thereto and the amount thereof.
(g) It shall conclude with a prayer for the relief sought.
RULE 784. THE POSSESSOR SHALL BE DEFENDANT
The defendant in the action shall be the person in possession if the premises are occupied, or some
person claiming title thereto in case they are unoccupied.
RULE 785. MAY JOIN AS DEFENDANTS, WHEN
The plaintiff may join as a defendant with the person in possession, any other person who, as
landlord, remainderman, reversioner or otherwise, may claim title to the premises, or any part
thereof, adversely to the plaintiff.
RULE 786. WARRANTOR, ETC., MAY BE MADE A PARTY
When a party is sued for lands, the real owner or warrantor may make himself, or may be made, a
party defendant in the suit, and shall be entitled to make such defense as if he had been the original
defendant in the action.
RULE 787. LANDLORD MAY BECOME DEFENDANT
When such action shall be commenced against a tenant in possession, the landlord may enter himself
as the defendant, or he may be made a party on motion of such tenant; and he shall be entitled to
make the same defense as if the suit had been originally commenced against him.
RULE 788. MAY FILE PLEA OF “NOT GUILTY” ONLY
The defendant in such action may file only the plea of “not guilty,” which shall state in substance that
he is not guilty of the injury complained of in the petition filed by the plaintiff against him, except
that if he claims an allowance for improvements, he shall state the facts entitling him to the same.
RULE 789. PROOF UNDER SUCH PLEA
Under such plea of “not guilty” the defendant may give in evidence any lawful defense to the action
except the defense of limitations, which shall be specially pleaded.
RULE 790. ANSWER TAKEN AS ADMITTING POSSESSION
Such plea or any other answer to the merits shall be an admission by the defendant, for the purpose
of that action, that he was in possession of the premises sued for, or that he claimed title thereto at
the time of commencing the action, unless he states distinctly in his answer the extent of his
possession or claim, in which case it shall be an admission to such extent only.
RULE 791. MAY DEMAND ABSTRACT OF TITLE
After answer filed, either party may, by notice in writing, duly served on the opposite party or his
attorney of record, not less than ten days before the trial of the cause, demand an abstract in writing
of the claim or title to the premises in question upon which he relies.
RULE 792. TIME TO FILE ABSTRACT
Such abstract of title shall be filed with the papers of the cause that within thirty days after the
service of the notice, or within such further time that the court on good cause shown may grant; and
in default thereof, the court may, after notice and hearing prior to the beginning of trial, order that
no written instruments which are evidence of the claim or title of such opposite party be given on
trial.
RULE 793. ABSTRACT SHALL STATE, WHAT
The abstract mentioned in the two preceding rules shall state:
(a) The nature of each document or written instrument intended to be used as evidence
and its date; or
(b) If a contract or conveyance, its date, the parties thereto and the date of the proof of
acknowledgment, and before what officer the same was made; and
(c) Where recorded, stating the book and page of the record.
(d) If not recorded in the county when the trial is had, copies of such instrument, with the
names of the subscribing witnesses, shall be included. If such unrecorded instrument
be lost or destroyed it shall be sufficient to state the nature of such instrument and its
loss or destruction.
RULE 794. AMENDED ABSTRACT
The court may allow either party to file an amended abstract of title, under the same rules, which
authorize the amendment of pleadings so far as they are applicable; but in all cases the documentary
evidence of title shall at the trial be confined to the matters contained in the abstract of title.
RULE 795. RULES IN OTHER CASES OBSERVED
The trial shall be conducted according to the rules of pleading, practice and evidence in other cases
in the district court and conformable to the principles of trial by ejectment, except as otherwise
provided by these rules.
RULE 796. SURVEYOR APPOINTED, ETC.
The judge of the court may, either in term time or in vacation, at his own discretion, or on motion
of either party to the action appoint a surveyor, who shall survey the premises in controversy
pursuant to the order of the court, and report his action under oath to such court. If said report be not
rejected for good cause shown, the same shall be admitted as evidence on the trial.
RULE 797. SURVEY UNNECESSARY, WHEN
Where there is no dispute as to the lines or boundaries of the land in controversy, or where the
defendant admits that he is in possession of the lands or tenements included in the plaintiff’s claim,
or title, an order of survey shall be unnecessary.
RULE 798. COMMON SOURCE OF TITLE
It shall not be necessary for the plaintiff to deraign title beyond a common source. Proof of a
common source may be made by the plaintiff by certified copies of the deeds showing a chain of title
to the defendant emanating from and under such common source. Before any such certified copies
shall be read in evidence, they shall be filed with the papers of the suit three days before the trial, and
the adverse party served with notice of such filing as in other cases. Such certified copies shall not
be evidence of title in the defendant unless offered in evidence by him. The plaintiff may make any
legal objection to such certified copies, or the originals thereof, when introduced by the defendant.
RULE 799. JUDGMENT BY DEFAULT
If the defendant, who has been personally served with citation according to law or these rules fails
to appear and answer by himself or attorney within the time prescribed by law or these rules for other
actions in the district court, then judgment by default may be entered against him and in favor of the
plaintiff for the title to the premises, or the possession thereof, or for both, according to the petition,
and for all costs, without any proof of title by the plaintiff.
RULE 800. PROOF EX PARTE
If the defendant has been cited only by publication, and fails to appear and answer by himself, or by
attorney of his own selection, or if any defendant, having answered, fails to appear by himself or
attorney when the case is called for trial on its merits, the plaintiff shall make such proof as will
entitle him prima facie to recover, whereupon the proper judgment shall be entered.
RULE 801. WHEN DEFENDANT CLAIMS PART ONLY
Where the defendant claims part of the premises only, the answer shall be equivalent to a disclaimer
of the balance.
RULE 802. WHEN PLAINTIFF PROVES PART
Where the defendant claims the whole premises, and the plaintiff shows himself entitled to recover
part, the plaintiff shall recover such part and costs.
RULE 803. MAY RECOVER A PART
When there are two or more plaintiffs or defendants any one or more of the plaintiffs may recover
against one or more of the defendants the premises, or any part thereof, or any interest therein, or
damages, according to the rights of the parties.
RULE 804. THE JUDGMENT
Upon the finding of the jury, or of the court where the case is tried by the court, in favor of the
plaintiff for the whole or any part of the premises in controversy, the judgment shall be that the
plaintiff recover of the defendant the title or possession, or both, as the case may be, of such
premises, describing them, and where he recovers the possession, that he have his writ of possession.
RULE 805. DAMAGES
Where it is alleged and proved that one of the parties is in possession of the premises, the court or
jury, if they find for the adverse party, shall assess the damages for the use and occupation of the
premises. If special injury to the property be alleged and proved, the damages for such injury shall
also be assessed, and the proper judgment shall be entered therefor, on which execution may issue.
RULE 806. CLAIM FOR IMPROVEMENTS
When the defendant or person in possession has claimed an allowance for improvements in
accordance with Sections 22.021 – 22.024, Texas Property Code, the claim for use and occupation
and damages mentioned in the preceding rule shall be considered and acted on in connection with
such claim by the defendant or person in possession.
RULE 807. JUDGMENT WHEN CLAIM FOR IMPROVEMENTS IS MADE
When a claim for improvements is successfully made under Sections 22.021 -22.024, Texas Property
Code, the judgment shall recite the estimated value of the premises without the improvements, and
shall also include the conditions, stipulations and directions contained in Sections 22.021 – 22.024,
Texas Property Code so far as applicable to the case before the court.
RULE 808. THESE RULES SHALL NOT GOVERN, WHEN
Nothing in Sections 22.001 – 22.045, Texas Property Code, shall be so construed as to alter, impair
or take away the rights of parties, as arising under the laws in force before the introduction of the
common law, but the same shall be decided by the principles of the law under which the same
accrued, or by which the same were regulated or in any manner affected.
RULE 809. THESE RULES SHALL NOT GOVERN, WHEN
Nothing in these rules relating to trespass to try title shall be so construed as to alter, impair or take
away the rights of parties, as arising under the laws in force before the introduction of the common
law, but the same shall be decided by the principles of the law under which the same accrued, or by
which the same were regulated or in any manner affected.
SECTION 9. SUITS AGAINST NON-RESIDENTS
RULE 810. REQUISITES OF PLEADINGS
The petition in actions authorized by Section 17.003, Civil Practice and Remedies Code, shall state
the real names of the plaintiff and defendant, and shall describe the property involved with sufficient
certainty to identify the same, the interest which the plaintiff claims, and such proceedings shall be
had in such action as may be necessary to fully settle and determine the question of right or title in
and to said property between the parties to said suit, and to decree the title or right of the party
entitled thereto; and the court may issue the appropriate order to carry such decree, judgment or order
into effect; and whenever such petition has been duly filed and citation thereon has been duly served
by publication as required by Rules 114 -116, the plaintiff may, at any time prior to entering the
decree by leave of court first had and obtained, file amended and supplemental pleadings that do not
subject additional property to said suit without the necessity of reciting the defendants so cited as
aforesaid.
RULE 811. SERVICE BY PUBLICATION IN ACTIONS UNDER
SECTION 17.003, CIVIL PRACTICE AND REMEDIES CODE
In actions authorized by Section 17.003, Civil Practice and Remedies Code, service on the defendant
or defendants may be made by publication as is provided by Rules 114 -116 or by service of notice
of the character and in the manner provided by Rule 108.
RULE 812. NO JUDGMENT BY DEFAULT
No judgment by default shall be taken in such case when service has been had by publication, but
in such case the facts entitling the plaintiff to judgment shall be exhibited to the court on the trial;
and a statement of facts shall be filed as provided by law and these rules in suits against nonresidents
of this State served by publication, where no appearance has been made by them.
RULE 813. SUIT TO EXTINGUISH LIEN
If said suit shall be for the extinguishment of a lien or claim for money on said property that may be
held by the defendant, the amount thereof, with interest, shall be ascertained by the court; and the
same deposited in the registry of the court, subject to the drawn by the parties entitled thereto; but
in such case no decree shall be entered until said sum is deposited; which fact shall be noted in said
decree.
TEXAS RULES OF CIVIL PROCEDURE
PART VIII – CLOSING RULES
RULE 814. EFFECTIVE DATE
These rules shall take effect on September 1st, 1941. They shall govern all proceedings in actions
brought after they take effect, and also all further proceedings in actions then pending, except to the
extent that in the opinion of the court their application in a particular action pending when the rules
take effect would not be feasible or would work injustice, in which event the former procedure shall
apply. All things properly done under any previously existing rule or statutes prior to the taking
effect of these rules shall be treated as valid. Where citation or other process is issued and served
in compliance with existing rules or laws prior to the taking effect of these rules, the party upon
whom such citation or other process has been served shall have the time provided for under such
previously existing rules or laws in which to comply therewith.
RULE 815. SUBSTANTIVE RIGHTS UNAFFECTED
These rules shall not be construed to enlarge or diminish any substantive rights or obligations of any
parties to any civil action.
RULE 816. JURISDICTION AND VENUE UNAFFECTED
These rules shall not be construed to extend or limit the jurisdiction of the courts of the State of
Texas nor the venue of actions therein.
[RULE 817. Renumbered as Rule 3a effective April 1, 1984]
RULE 818. REFERENCE TO FORMER STATUTES
Wherever any statute or rule refers to any practice or procedure in any law, laws, statute or statutes,
or to a title, chapter, section, or article of the statutes, or contains any reference of any such nature,
and the matter referred to has been supplanted in whole or in part by these rules, every such
reference shall be deemed to be to the pertinent part or parts of these rules.
RULE 819. PROCEDURE CONTINUED
All procedure prescribed by statutes of the State of Texas not specifically listed in the accompanying
enumeration of repealed articles shall, insofar as the same is not inconsistent with the provisions of
these rules, continue in accordance with the provisions of such statutes as rules of court. In case of
inconsistency between the provisions of these rules and any statutory procedure not specifically
listed as repealed, these rules shall apply.
RULE 820. WORKERS’ COMPENSATION LAW
All portions of the Workers’ Compensation Law, Articles 8306–8309-1, Revised Civil Statutes, and
amendments thereto, which relate to matters of practice and procedure are hereby adopted and
retained in force and effect as rules of court.
RULE 821. PRIOR COURT RULES REPEALED
These rules shall supersede all Court Rules heretofore promulgated for any court; and all of said
prior Court Rules are hereby repealed; provided, however, any rules or procedure heretofore adopted
by a particular county or district court or by any Court of Appeals which were not of general
application but were solely to regulate procedure in the particular court promulgating such rules are
to remain in force and effect insofar as they are not inconsistent with these rules.
RULE 822. TITLE
These rules may be known and cited as the Texas Rules of Civil Procedure.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Formation of Business Entities and Nonprofit Corporations Under the Texas Business Organizations Code:
* Online filing available through SOSDirect
Form Number
Description
*201
Certificate of Formation for a For-Profit Corporation – Form to be used to incorporate a for-profit corporation. Rev. 05-11 (# of pages – 6) (Word, PDF)
*202
Certificate of Formation for a Nonprofit Corporation – Form to be used to incorporate a nonprofit corporation. Rev. 05-11 (# of pages – 8) (Word, PDF)
*203
Certificate of Formation for a Professional Corporation – Form to be used to form a professional corporation. Rev. 05-11 (# of pages – 7) (Word, PDF)
*204
Certificate of Formation for a Professional Association – Form to be used to form a professional association. Rev. 06-11 (# of pages – 7) (Word, PDF)
*205
Certificate of Formation for a Limited Liability Company – Form to be used to form a limited liability company. Rev. 05-11 (# of pages – 6) (Word, PDF)
*206
Certificate of Formation for a Professional Limited Liability Company – Form to be used to form a professional limited liability company. Rev. 06-11 (# of pages – 7) (Word, PDF)
*207
Certificate of Formation for a Limited Partnership – Form to be used to form a limited partnership. Rev. 05-11 (# of pages – 6) (Word, PDF)
208
Uniform Unincorporated Nonprofit Association Summary – Summary of the Texas Uniform Unincorporated Nonprofit Association Act. Rev. 12-10 (# of pages – 2) (Word, PDF)
Registering Out-of-State Entities to Transact Business In Texas Under the Business Organizations Code:
* Online filing available through SOSDirect
Form Number
Description
*301
For-Profit Corporation Application for Registration – Application by a foreign for-profit corporation to transact business in Texas. Rev. 05-11 (# of pages – 7) (Word, PDF)
*302
Nonprofit Corporation Application for Registration – Application by a foreign nonprofit corporation to transact business in Texas. Rev. 05-11 (# of pages – 8) (Word, PDF)
*303
Professional Corporation Application for Registration – Application by a foreign professional corporation to transact business in Texas. Rev. 05-11 (# of pages – 8) (Word, PDF)
*304
Limited Liability Company Application for Registration – Application by a foreign limited liability company to transact business in Texas. Rev. 05-11 (# of pages – 8) (Word , PDF)
*305
Professional Limited Liability Company Application for Registration – Application by a foreign professional limited liability company to transact business in Texas. Rev. 05-11 (# of pages – 8) (Word, PDF)
*306
Limited Partnership Application for Registration – Application by a foreign limited partnership to transact business in Texas. Rev. 05-11 (# of pages – 8) (Word, PDF)
*307
Limited Liability Partnership Application for Registration – Application by a foreign limited liability partnership or limited liability limited partnership to transact business in Texas. Rev. 05-11 (# of pages – 6) (Word, PDF)
308
Renewal of Limited Liability Partnership Application for Registration – Form for renewing the application of a limited liability partnership or a limited liability limited partnership to transact business in Texas. Rev. 05-11 (# of pages – 6) (Word, PDF)
*309
Out-of-State Financial Institution Application for Registration – Application by an out-of-state financial institution to transact business in Texas. Rev. 05-11 (# of pages – 6) (Word, PDF)
311
Professional Association Application for Registration – Application by a foreign professional association to transact business in Texas. Rev. 05-11 (# of pages – 9) (Word, PDF)
312
BusinessTrust/Real Estate Investment Trust or Other Foreign Entity Application for Registration – Application by business trust, real estate investment trust or other foreign entity with limited liability to transact business in Texas. Rev. 05-11 (# of pages – 8) (Word, PDF)
313
Series Limited Liability Company Application for Registration – Application by a foreign series limited liability company to transact business in Texas. Rev. 05-11 (# of pages – 9) (Word, PDF)
Amending or Correcting a Filing Including Changing the Registered Agent or Registered Office or Resigning as Registered Agent:
* Online filing available through SOSDirect
Form Number
Description
*401
Change of Registered Agent and/or Registered Office – Form for changing the registered agent and/or registered office of any type entity. Rev. 05-11 (# of pages – 5) (Word, PDF)
401-A
Consent of Registered Agent to Appointment – Form that may be used to evidence the consent of a person designated or appointed as registered agent. Rev. 12-09 (# of pages – 3) (Word, PDF)
402
Statement of Resignation of Registered Agent – Form for use by the registered agent of an entity to resign the position. Rev. 01-10 (# of pages – 2) (Word, PDF)
403
Articles/Certificate of Correction – Form for correcting a previous filing by any type entity. Rev. 05-11 (# of pages – 6) (Word, PDF)
406
Amendment to Registration – Form for amending the registration of a foreign filing entity. Rev. 05-11 (# of pages – 5) (Word, PDF)
407
Amendment to Registration – Foreign Limited Liability Partnership – Form for amending the registration of an out-of-state limited liability partnership. Rev. 05-11 (# of pages – 6) (Word, PDF)
408
Statement of Change of Address by a Registered Agent – Form for a registered agent to change the registered office address. Rev. 05-11 (# of pages – 7) (Word, PDF)
411
Amended Registration – Out-of-state Financial Institution – Form for amending the registration of an out-of-state financial institution. Rev. 05-11 (# of pages – 5) (Word, PDF)
412
Amended Registration – Foreign Limited Partnership – Form for amending the registration of a foreign limited partnership. Rev. 05-11 (# of pages – 7) (Word, PDF)
414
Restated Certificate of Formation with New Amendments – Form for filing a restated certificate of formation that is to take the place of the previous certificate of formation and that makes additional amendments to text. Rev. 09-13 (# of pages – 7) (Word, PDF)
415
Restated Certificate of Formation without Further Amendments – Form for filing a restated certificate of formation that is to take the place of the previous certificate of formation as previously amended. Rev. 05-11 (# of pages – 6) (Word, PDF)
422
Amendment to Registration To Disclose a Change Resulting from a Conversion or Merger – Form used to amend the registration of a foreign filing entity to effect a transfer of the registration to a successor entity after a merger or conversion. Rev. 05-11 (# of pages – 4) (Word, PDF)
*424
Certificate of Amendment – Form for amending the certificate of formation of a domestic entity. (Online filings limited to name changes.) Rev. 05-11 (# of pages – 8) (Word, PDF)
425
Restriction on the Transfer of Shares – Form for filing a statement regarding a bylaw or agreement that restricts the transfer of shares or other securities by a for-profit corporation. Rev. 05-11 (# of pages – 4) (Word, PDF)
426
Resolution Relating to a Series of Shares – Form for filing a statement relating to an action with respect to a series of shares by a for-profit corporation. Rev. 05-11 (# of pages – 4) (Word, PDF)
427
Certificate of Abandonment – Form for abandoning a filed instrument that has not taken effect. Rev. 05-11 (# of pages – 3) (Word, PDF)
428
Rejection of Appointment – Form that may be used by a person named as an entity’s registered agent to terminate the appointment as registered agent when the designation or appointment was made on or after January 1, 2010 and without that person’s consent. Rev. 01-10 (# of pages – 2) (Word, PDF)
Reserving or Registering a Name Under the Texas Business Organizations Code; Filing or Abandoning an Assumed Name:
* Online filing available through SOSDirect
Form Number
Description
*501
Name Reservation – Form for reserving a name for later use. Rev. 05-11 (# of pages – 4) (Word , PDF)
*502
Name Registration – Form for registering the name of an out-of-state entity that is not qualified to transact business in the state. Rev. 05-11 (# of pages – 4) (Word, PDF)
*503
Assumed Name – Form for filing an assumed name of an entity. Rev. 09-13 (# of pages – 5) (Word, PDF)
504
Statement of Abandonment of an Assumed Name – Form for abandoning an assumed name certificate before the expiration of its term of registration. Rev. 05-11 (# of pages – 4) (Word, PDF)
505
Renewal of Registration of an Entity Name – Form for renewal of registration of entity names. Rev. 05-11 (# of pages – 4) (Word, PDF)
506
Notice of Transfer of Reservation of an Entity Name – Form for transferring an effective name reservation from the current applicant to another person. Rev. 05-11 (# of pages – 3) (Word, PDF)
507
Notice of Withdrawal of Reservation of an Entity Name – Form for withdrawing a reserved name before the expiration of the reservation period. Rev. 01-06 (# of pages – 2) (Word , PDF)
508
Notice of Withdrawal of Registration of an Entity Name – Form for withdrawing a current name registration before the expiration of the term of registration. Rev. 05-11 (# of pages – 2) (Word, PDF)
509
Consent to Use of Similar Name – Form for the holder of an existing name to consent to the use of a similar name. Rev. 06-15 (# of pages – 2) (Word, PDF)
Termination of a Domestic Entity; Withdrawal or Termination of an Out-of-State Entity; Merger; Conversion:
* Online filing available through SOSDirect
Form Number
Description
*608
Certificate of Withdrawal – Form for surrendering the registration of a foreign filing entity, other than a foreign limited liability partnership, and withdrawing from the state. Rev. 05-11 (# of pages – 5) (Word, PDF)
*609
Withdrawal of Foreign Limited Liability Partnership Registration – Form for withdrawing the registration of an out-of-state limited liability partnership. Rev. 05-11 (# of pages – 4) (Word, PDF)
612
Termination of Registration – Form for terminating the registration of a foreign entity that has ceased to exist in its jurisdiction of formation. Rev. 05-11 (# of pages – 4) (Word, PDF)
621
Certificate of Merger – Domestic Entity Divisional Merger – Form used to effect a merger that divides a Texas entity into two or more new Texas entities or other organizations. Rev. 05-11 (# of pages – 7) (Word, PDF)
622
Certificate of Merger – Form used to effect a merger that combines one or more Texas entities with one or more organizations. Rev. 05-11 (# of pages – 8) (Word, PDF)
623
Certificate of Merger – Parent-Subsidiary – Form used to effect a merger of a parent organization with a subsidiary organization when the parent is to survive the merger. Rev. 05-11 (# of pages – 7) (Word, PDF)
624
Certificate of Merger for Nonprofit Corporation – Form used to effect a merger when each party to the merger is a nonprofit corporation. Rev. 05-11 (# of pages – 8) (Word, PDF)
631
Certificate of Conversion of a Corporation Converting to a General Partnership – Form for converting a Texas for-profit or professional corporation to a domestic or foreign general partnership. Rev. 05-11 (# of pages – 5) (Word, PDF)
632
Certificate of Conversion of a Corporation Converting to a Limited Liability Company – Form for converting a corporation to a limited liability company. Rev. 05-11 (# of pages – 5) (Word, PDF)
633
Certificate of Conversion of a Corporation Converting to a Limited Partnership – Form for converting a corporation to a limited partnership. Rev. 05-11 (# of pages – 5) (Word, PDF)
634
Certificate of Conversion of a Corporation Converting to a Real Estate Investment Trust – Form for converting a Texas for-profit or professional corporation to a domestic or foreign real estate investment trust. Rev. 05-11 (# of pages – 5) (Word, PDF)
635
Certificate of Conversion of a Limited Liability Company Converting to a General Partnership – Form for converting a Texas limited liability company to a domestic or foreign general partnership. Rev. 05-11 (# of pages – 5) (Word, PDF)
636
Certificate of Conversion of a Limited Liability Company Converting to a Corporation – Form for converting a limited liability company to a corporation. Rev. 05-11 (# of pages – 5) (Word, PDF)
637
Certificate of Conversion of a Limited Liability Company Converting to a Limited Partnership – Form for converting a limited liability company to a limited partnership. Rev. 05-11 (# of pages – 5) (Word, PDF)
638
Certificate of Conversion of a Limited Liability Company Converting to a Real Estate Investment Trust – Form for converting a Texas limited liability company to a domestic or foreign real estate investment trust. Rev. 05-11 (# of pages – 5) (Word, PDF)
641
Certificate of Conversion of a Limited Partnership Converting to a General Partnership – Form for converting a Texas limited partnership to a domestic or foreign general partnership. Rev. 05-11 (# of pages – 5) (Word, PDF)
642
Certificate of Conversion of a Limited Partnership Converting to a Limited Liability Company – Form for converting a limited partnership to a limited liability company. Rev. 05-11 (# of pages – 5) (Word, PDF)
643
Certificate of Conversion of a Limited Partnership Converting to a Corporation – Form for converting a limited partnership to a corporation. Rev. 05-11 (# of pages – 5) (Word, PDF)
644
Certificate of Conversion of a Limited Partnership Converting to a Real Estate Investment Trust – Form for converting a Texas limited partnership to a domestic or foreign real estate investment trust. Rev. 05-11 (# of pages – 5) (Word, PDF)
645
Certificate of Conversion of a Professional Association Converting to a Professional Limited Liability Company – Form for converting a foreign or domestic professional association to a foreign or domestic professional limited liability company. Rev. 05-11 (# of pages – 6) (Word, PDF)
646
Certificate of Conversion of a Texas General Partnership Converting to a Texas Filing Entity – Form for converting a Texas general partnership to a Texas filing entity. Rev. 05-11 (# of pages – 5) (Word, PDF)
647
Information on Converting a Foreign Entity to a Texas Filing Entity – Summary of requirements under the Texas Business Organizations Code with checklist. Rev. 05-11 (# of pages – 2) (Word, PDF)
*651
Certificate of Termination of a Domestic Entity – Form for terminating the existence of a domestic filing entity, other than a nonprofit corporation or cooperative association. Rev. 05-11 (# of pages – 5) (Word, PDF)
*652
Certificate of Termination – Nonprofit Corporation or Cooperative Association – Form for terminating the existence of a nonprofit corporation or cooperative association. Rev. 05-11 (# of pages – 6) (Word, PDF)
Domestic Limited Liability Partnerships; Appointment of an Agent by Financial Institutions and Unincorporated Associations:
* Online filing available through SOSDirect
Form Number
Description
*701
Limited Liability Partnership Application – Form for registration of a domestic partnership as a limited liability partnership or limited liability limited partnership. Rev. 09-11 (# of pages – 3) (Word, PDF)
703
Limited Liability Partnership Renewal – Form for renewing the registration of a domestic limited liability partnership. Rev. 09-11 (# of pages – 3) (Word, PDF)
704
Notice of Withdrawal of Registration of a Texas Limited Liability Partnership – Form for withdrawing the registration of a Texas limited liability partnership before the expiration of its term of registration. Rev. 05-11 (# of pages – 4) (Word, PDF)
706
Appointment of Statutory Agent – Form for a Texas financial institution, an unincorporated nonprofit association, or a defense base development authority to appoint an agent for service of process. Rev. 05-11 (# of pages – 4) (Word, PDF)
707
Amendment of Appointment of Statutory Agent – Form for amending the statement appointing a statutory agent. Rev. 05-11 (# of pages – 4) (Word, PDF)
708
Resignation of Appointed Statutory Agent – Form which may be used to resign as the agent for service of process of a Texas financial institution, an unincorporated nonprofit association, or a defense base development authority. Rev. 12-09 (# of pages – 2) (Word, PDF)
709
Cancellation of Appointment of Statutory Agent – Form for canceling the appointment of a statutory agent of a Texas financial institution, an unincorporated nonprofit association, or a defense base development authority. Rev. 05-11 (# of pages – 2) (Word, PDF)
722
Amendment to Registration of a Limited Liability Partnership – Form for amending a domestic limited liability partnership’s registration. Rev. 05-11 (# of pages – 4) (Word, PDF)
Reinstatement; Fee Schedule; Other Filing Aids:
* Online filing available through SOSDirect
Form Number
Description
*801
Application for Reinstatement and Request to Set Aside Tax Forfeiture – Form to be used by an entity when applying to reinstate its existence or registration after its forfeiture under the Tax Code. (Limited to tax forfeiture reinstatements.) Rev. 05-11 (# of pages – 3) (Word, PDF)
805
Statement of Event or Fact – Form for filing the statement required to effect a filing instrument when the effectiveness of the instrument was delayed on the occurrence of a future event or fact. Rev. 06-11 (# of pages – 4) (Word, PDF)
806
Fee Schedule – Listing of all Corporations Section fees. Rev. 09-12 (# of pages – 5) (Word , PDF)
807
Payment Form – Form for use in transmitting credit card, LegalEase, or client account payment information when filing documents by facsimile. Rev. 08-14 (# of pages – 1) (Word, PDF)
811
Reinstatement – Form to be used by an entity in applying for reinstatement of its certificate of formation or its registration after the entity has been terminated or revoked for non-tax reasons. Rev. 05-11 (# of pages – 5) (Word , PDF)
812
Statement of Operation as a Close Corporation – Form for filing statement that corporation is a close corporation that is operating pursuant to a shareholders’ agreement. Rev. 05-11 (# of pages – 2) (Word, PDF)
813
Statement Terminating Close Corporation Status – Form for filing statement that terminates the close corporation status of a Texas for-profit or professional corporation. Rev. 05-11 (# of pages – 3) (Word, PDF)
Form to be Used by a Foreign Corporate Fiduciary to Appoint the Secretary of State as the Agent for Service of Process:
Form Number
Description
908
Foreign Corporate Fiduciary Probate Code Filing – Form to be used by a foreign corporate fiduciary to comply with Section 105A of the Texas Probate Code to appoint the secretary of state as its agent for service of process and file a certificate of designation. Rev. 01-06 (# of pages – 4) (Word, PDF)
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Sec. 16.001. EFFECT OF DISABILITY. (a) For the purposes of this subchapter, a person is under a legal disability if the person is:
(1) younger than 18 years of age, regardless of whether the person is married; or
(2) of unsound mind.
(b) If a person entitled to bring a personal action is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period.
(c) A person may not tack one legal disability to another to extend a limitations period.
(d) A disability that arises after a limitations period starts does not suspend the running of the period.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1049, Sec. 56, eff. Sept. 1, 1987.
Sec. 16.002. ONE-YEAR LIMITATIONS PERIOD. (a) A person must bring suit for malicious prosecution, libel, slander, or breach of promise of marriage not later than one year after the day the cause of action accrues.
(b) A person must bring suit to set aside a sale of property seized under Subchapter E, Chapter 33, Tax Code, not later than one year after the date the property is sold.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 1017, Sec. 3, eff. Aug. 28, 1995.
Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 739, Sec. 2, eff. June 15, 1995; Acts 1997, 75th Leg., ch. 26, Sec. 2, eff. May 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 3, eff. September 1, 2005.
Sec. 16.0031. ASBESTOS-RELATED OR SILICA-RELATED INJURIES. (a) In an action for personal injury or death resulting from an asbestos-related injury, as defined by Section 90.001, the cause of action accrues for purposes of Section 16.003 on the earlier of the following dates:
(1) the date of the exposed person’s death; or
(2) the date that the claimant serves on a defendant a report complying with Section 90.003 or 90.010(f).
(b) In an action for personal injury or death resulting from a silica-related injury, as defined by Section 90.001, the cause of action accrues for purposes of Section 16.003 on the earlier of the following dates:
(1) the date of the exposed person’s death; or
(2) the date that the claimant serves on a defendant a report complying with Section 90.004 or 90.010(f).
Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 4, eff. September 1, 2005.
Sec. 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues:
(1) specific performance of a contract for the conveyance of real property;
(2) penalty or damages on the penal clause of a bond to convey real property;
(3) debt;
(4) fraud; or
(5) breach of fiduciary duty.
(b) A person must bring suit on the bond of an executor, administrator, or guardian not later than four years after the day of the death, resignation, removal, or discharge of the executor, administrator, or guardian.
(c) A person must bring suit against his partner for a settlement of partnership accounts, and must bring an action on an open or stated account, or on a mutual and current account concerning the trade of merchandise between merchants or their agents or factors, not later than four years after the day that the cause of action accrues. For purposes of this subsection, the cause of action accrues on the day that the dealings in which the parties were interested together cease.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 950, Sec. 1, eff. Aug. 30, 1999.
This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 189, 84th Legislature, Regular Session, for amendments affecting this section.
Sec. 16.0045. FIVE-YEAR LIMITATIONS PERIOD. (a) A person must bring suit for personal injury not later than five years after the day the cause of action accrues if the injury arises as a result of conduct that violates:
(1) Section 22.011, Penal Code (sexual assault);
(2) Section 22.021, Penal Code (aggravated sexual assault);
(3) Section 21.02, Penal Code (continuous sexual abuse of young child or children);
(4) Section 20A.02, Penal Code (trafficking of persons); or
(b) In an action for injury resulting in death arising as a result of conduct described by Subsection (a), the cause of action accrues on the death of the injured person.
(c) The limitations period under this section is tolled for a suit on the filing of a petition by any person in an appropriate court alleging that the identity of the defendant in the suit is unknown and designating the unknown defendant as “John or Jane Doe.” The person filing the petition shall proceed with due diligence to discover the identity of the defendant and amend the petition by substituting the real name of the defendant for “John or Jane Doe” not later than the 30th day after the date that the defendant is identified to the plaintiff. The limitations period begins running again on the date that the petition is amended.
Added by Acts 1995, 74th Leg., ch. 739, Sec. 1, eff. June 15, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.01, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 3.01, eff. September 1, 2011.
Sec. 16.005. ACTION FOR CLOSING STREET OR ROAD. (a) A person must bring suit for any relief from the following acts not later than two years after the day the cause of action accrues:
(1) the passage by a governing body of an incorporated city or town of an ordinance closing and abandoning, or attempting to close and abandon, all or any part of a public street or alley in the city or town, other than a state highway; or
(2) the adoption by a commissioners court of an order closing and abandoning, or attempting to close and abandon, all or any part of a public road or thoroughfare in the county, other than a state highway.
(b) The cause of action accrues when the order or ordinance is passed or adopted.
(c) If suit is not brought within the period provided by this section, the person in possession of the real property receives complete title to the property by limitations and the right of the city or county to revoke or rescind the order or ordinance is barred.
Sec. 16.006. CARRIERS OF PROPERTY. (a) A carrier of property for compensation or hire must bring suit for the recovery of charges not later than three years after the day on which the cause of action accrues.
(b) Except as provided by Subsections (c) and (d), a person must bring suit for overcharges against a carrier of property for compensation or hire not later than three years after the cause of action accrues.
(c) If the person has presented a written claim for the overcharges within the three-year period, the limitations period is extended for six months from the date written notice is given by the carrier to the claimant of disallowance of the claim in whole or in part, as specified in the carrier’s notice.
(d) If on or before the expiration of the three-year period, the carrier brings an action under Subsection (a) to recover charges relating to the service or, without beginning an action, collects charges relating to that service, the limitations period is extended for 90 days from the day on which the action is begun or the charges are collected.
(e) A cause of action regarding a shipment of property accrues on the delivery or tender of the property by the carrier.
(f) In this section, “overcharge” means a charge for transportation services in excess of the lawfully applicable amount.
Sec. 16.007. RETURN OF EXECUTION. A person must bring suit against a sheriff or other officer or the surety of the sheriff or officer for failure to return an execution issued in the person’s favor, not later than five years after the date on which the execution was returnable.
Sec. 16.008. ARCHITECTS, ENGINEERS, INTERIOR DESIGNERS, AND LANDSCAPE ARCHITECTS FURNISHING DESIGN, PLANNING, OR INSPECTION OF CONSTRUCTION OF IMPROVEMENTS. (a) A person must bring suit for damages for a claim listed in Subsection (b) against a registered or licensed architect, engineer, interior designer, or landscape architect in this state, who designs, plans, or inspects the construction of an improvement to real property or equipment attached to real property, not later than 10 years after the substantial completion of the improvement or the beginning of operation of the equipment in an action arising out of a defective or unsafe condition of the real property, the improvement, or the equipment.
(b) This section applies to suit for:
(1) injury, damage, or loss to real or personal property;
(2) personal injury;
(3) wrongful death;
(4) contribution; or
(5) indemnity.
(c) If the claimant presents a written claim for damages, contribution, or indemnity to the architect, engineer, interior designer, or landscape architect within the 10-year limitations period, the period is extended for two years from the day the claim is presented.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 860, Sec. 1, eff. Sept. 1, 1997.
Sec. 16.009. PERSONS FURNISHING CONSTRUCTION OR REPAIR OF IMPROVEMENTS. (a) A claimant must bring suit for damages for a claim listed in Subsection (b) against a person who constructs or repairs an improvement to real property not later than 10 years after the substantial completion of the improvement in an action arising out of a defective or unsafe condition of the real property or a deficiency in the construction or repair of the improvement.
(b) This section applies to suit for:
(1) injury, damage, or loss to real or personal property;
(2) personal injury;
(3) wrongful death;
(4) contribution; or
(5) indemnity.
(c) If the claimant presents a written claim for damages, contribution, or indemnity to the person performing or furnishing the construction or repair work during the 10-year limitations period, the period is extended for two years from the date the claim is presented.
(d) If the damage, injury, or death occurs during the 10th year of the limitations period, the claimant may bring suit not later than two years after the day the cause of action accrues.
(e) This section does not bar an action:
(1) on a written warranty, guaranty, or other contract that expressly provides for a longer effective period;
(2) against a person in actual possession or control of the real property at the time that the damage, injury, or death occurs; or
(3) based on wilful misconduct or fraudulent concealment in connection with the performance of the construction or repair.
(f) This section does not extend or affect a period prescribed for bringing an action under any other law of this state.
Sec. 16.010. MISAPPROPRIATION OF TRADE SECRETS. (a) A person must bring suit for misappropriation of trade secrets not later than three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.
(b) A misappropriation of trade secrets that continues over time is a single cause of action and the limitations period described by Subsection (a) begins running without regard to whether the misappropriation is a single or continuing act.
Added by Acts 1997, 75th Leg., ch. 26, Sec. 1, eff. May 1, 1997.
Sec. 16.011. SURVEYORS. (a) A person must bring suit for damages arising from an injury or loss caused by an error in a survey conducted by a registered public surveyor or a licensed state land surveyor:
(1) not later than 10 years after the date the survey is completed if the survey is completed on or after September 1, 1989; or
(2) not later than September 1, 1991, or 10 years after the date the survey was completed, whichever is later, if the survey was completed before September 1, 1989.
(b) If the claimant presents a written claim for damages to the surveyor during the 10-year limitations period, the period is extended for two years from the date the claim is presented.
(c) This section is a statute of repose and is independent of any other limitations period.
Added by Acts 1989, 71st Leg., ch. 1233, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1173, Sec. 1, eff. Sept. 1, 2001.
Sec. 16.012. PRODUCTS LIABILITY. (a) In this section:
(1) “Claimant,” “seller,” and “manufacturer” have the meanings assigned by Section 82.001.
(2) “Products liability action” means any action against a manufacturer or seller for recovery of damages or other relief for harm allegedly caused by a defective product, whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories, and whether the relief sought is recovery of damages or any other legal or equitable relief, including a suit for:
(A) injury or damage to or loss of real or personal property;
(B) personal injury;
(C) wrongful death;
(D) economic loss; or
(E) declaratory, injunctive, or other equitable relief.
(b) Except as provided by Subsections (c), (d), and (d-1), a claimant must commence a products liability action against a manufacturer or seller of a product before the end of 15 years after the date of the sale of the product by the defendant.
(c) If a manufacturer or seller expressly warrants in writing that the product has a useful safe life of longer than 15 years, a claimant must commence a products liability action against that manufacturer or seller of the product before the end of the number of years warranted after the date of the sale of the product by that seller.
(d) This section does not apply to a products liability action seeking damages for personal injury or wrongful death in which the claimant alleges:
(1) the claimant was exposed to the product that is the subject of the action before the end of 15 years after the date the product was first sold;
(2) the claimant’s exposure to the product caused the claimant’s disease that is the basis of the action; and
(3) the symptoms of the claimant’s disease did not, before the end of 15 years after the date of the first sale of the product by the defendant, manifest themselves to a degree and for a duration that would put a reasonable person on notice that the person suffered some injury.
(d-1) This section does not reduce a limitations period for a cause of action described by Subsection (d) that accrues before the end of the limitations period under this section.
(e) This section does not extend the limitations period within which a products liability action involving the product may be commenced under any other law.
(f) This section applies only to the sale and not to the lease of a product.
(g) This section does not apply to any claim to which the General Aviation Revitalization Act of 1994 (Pub. L. No. 103-298, 108 Stat. 1552 (1994), reprinted in note, 49 U.S.C. Section 40101) or its exceptions are applicable.
Added by Acts 1993, 73rd Leg., ch. 5, Sec. 2, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 5.01, eff. Sept. 1, 2003.
SUBCHAPTER B. LIMITATIONS OF REAL PROPERTY ACTIONS
Sec. 16.021. DEFINITIONS. In this subchapter:
(1) “Adverse possession” means an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and is hostile to the claim of another person.
(2) “Color of title” means a consecutive chain of transfers to the person in possession that:
(A) is not regular because of a muniment that is not properly recorded or is only in writing or because of a similar defect that does not want of intrinsic fairness or honesty; or
(B) is based on a certificate of headright, land warrant, or land scrip.
(3) “Peaceable possession” means possession of real property that is continuous and is not interrupted by an adverse suit to recover the property.
(4) “Title” means a regular chain of transfers of real property from or under the sovereignty of the soil.
Sec. 16.022. EFFECT OF DISABILITY. (a) For the purposes of this subchapter, a person is under a legal disability if the person is:
(1) younger than 18 years of age, regardless of whether the person is married;
(2) of unsound mind; or
(3) serving in the United States Armed Forces during time of war.
(b) If a person entitled to sue for the recovery of real property or entitled to make a defense based on the title to real property is under a legal disability at the time title to the property vests or adverse possession commences, the time of the disability is not included in a limitations period.
(c) Except as provided by Sections 16.027 and 16.028, after the termination of the legal disability, a person has the same time to present a claim that is allowed to others under this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1049, Sec. 57, eff. Sept. 1, 1987.
Sec. 16.023. TACKING OF SUCCESSIVE INTERESTS. To satisfy a limitations period, peaceable and adverse possession does not need to continue in the same person, but there must be privity of estate between each holder and his successor.
Sec. 16.024. ADVERSE POSSESSION: THREE-YEAR LIMITATIONS PERIOD. A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later than three years after the day the cause of action accrues.
Sec. 16.025. ADVERSE POSSESSION: FIVE-YEAR LIMITATIONS PERIOD. (a) A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who:
(1) cultivates, uses, or enjoys the property;
(2) pays applicable taxes on the property; and
(3) claims the property under a duly registered deed.
(b) This section does not apply to a claim based on a forged deed or a deed executed under a forged power of attorney.
Sec. 16.026. ADVERSE POSSESSION: 10-YEAR LIMITATIONS PERIOD. (a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.
(b) Without a title instrument, peaceable and adverse possession is limited in this section to 160 acres, including improvements, unless the number of acres actually enclosed exceeds 160. If the number of enclosed acres exceeds 160 acres, peaceable and adverse possession extends to the real property actually enclosed.
(c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor’s claim extends to the boundaries specified in the instrument.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 764, Sec. 1, eff. Sept. 1, 1989.
Sec. 16.027. ADVERSE POSSESSION: 25-YEAR LIMITATIONS PERIOD NOTWITHSTANDING DISABILITY. A person, regardless of whether the person is or has been under a legal disability, must bring suit not later than 25 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.
Sec. 16.028. ADVERSE POSSESSION WITH RECORDED INSTRUMENT: 25-YEAR LIMITATIONS PERIOD. (a) A person, regardless of whether the person is or has been under a legal disability, may not maintain an action for the recovery of real property held for 25 years before the commencement of the action in peaceable and adverse possession by another who holds the property in good faith and under a deed or other instrument purporting to convey the property that is recorded in the deed records of the county where any part of the real property is located.
(b) Adverse possession of any part of the real property held under a recorded deed or other recorded instrument that purports to convey the property extends to and includes all of the property described in the instrument, even though the instrument is void on its face or in fact.
(c) A person who holds real property and claims title under this section has a good and marketable title to the property regardless of a disability arising at any time in the adverse claimant or a person claiming under the adverse claimant.
Sec. 16.029. EVIDENCE OF TITLE TO LAND BY LIMITATIONS. (a) In a suit involving title to real property that is not claimed by this state, it is prima facie evidence that the title to the property has passed from the person holding apparent record title to an opposing party if it is shown that:
(1) for one or more years during the 25 years preceding the filing of the suit the person holding apparent record title to the property did not exercise dominion over or pay taxes on the property; and
(2) during that period the opposing parties and those whose estate they own have openly exercised dominion over and have asserted a claim to the land and have paid taxes on it annually before becoming delinquent for as long as 25 years.
(b) This section does not affect a statute of limitations, a right to prove title by circumstantial evidence under the case law of this state, or a suit between a trustee and a beneficiary of the trust.
Sec. 16.030. TITLE THROUGH ADVERSE POSSESSION. (a) If an action for the recovery of real property is barred under this chapter, the person who holds the property in peaceable and adverse possession has full title, precluding all claims.
(b) A person may not acquire through adverse possession any right or title to real property dedicated to public use.
Sec. 16.031. ENCLOSED LAND. (a) A tract of land that is owned by one person and that is entirely surrounded by land owned, claimed, or fenced by another is not considered enclosed by a fence that encloses any part of the surrounding land.
(b) Possession of the interior tract by the owner or claimant of the surrounding land is not peaceable and adverse possession as described by Section 16.026 unless:
(1) the interior tract is separated from the surrounding land by a fence; or
(2) at least one-tenth of the interior tract is cultivated and used for agricultural purposes or is used for manufacturing purposes.
Sec. 16.032. ADJACENT LAND. Possession of land that belongs to another by a person owning or claiming 5,000 or more fenced acres that adjoin the land is not peaceable and adverse as described by Section 16.026 unless:
(1) the land is separated from the adjacent enclosed tract by a substantial fence;
(2) at least one-tenth of the land is cultivated and used for agricultural purposes or used for manufacturing purposes; or
Sec. 16.033. TECHNICAL DEFECTS IN INSTRUMENT. (a) A person with a right of action for the recovery of real property or an interest in real property conveyed by an instrument with one of the following defects must bring suit not later than two years after the day the instrument was filed for record with the county clerk of the county where the real property is located:
(1) lack of the signature of a proper corporate officer, partner, or company officer, manager, or member;
(2) lack of a corporate seal;
(3) failure of the record to show the corporate seal used;
(4) failure of the record to show authority of the board of directors or stockholders of a corporation, partners of a partnership, or officers, managers, or members of a company;
(5) execution and delivery of the instrument by a corporation, partnership, or other company that had been dissolved, whose charter had expired, or whose franchise had been canceled, withdrawn, or forfeited;
(6) acknowledgment of the instrument in an individual, rather than a representative or official, capacity;
(7) execution of the instrument by a trustee without record of the authority of the trustee or proof of the facts recited in the instrument;
(8) failure of the record or instrument to show an acknowledgment or jurat that complies with applicable law; or
(9) wording of the stated consideration that may or might create an implied lien in favor of the grantor.
(b) This section does not apply to a forged instrument.
(c) For the purposes of this section, an instrument affecting real property containing a ministerial defect, omission, or informality in the certificate of acknowledgment that has been filed for record for longer than two years in the office of the county recorder of the county in which the property is located is considered to have been lawfully recorded and to be notice of the existence of the instrument on and after the date the instrument is filed.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 291, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 819 (S.B. 1781), Sec. 1, eff. June 15, 2007.
Sec. 16.034. ATTORNEY’S FEES. (a) In a suit for the possession of real property between a person claiming under record title to the property and one claiming by adverse possession, if the prevailing party recovers possession of the property from a person unlawfully in actual possession, the court:
(1) shall award costs and reasonable attorney’s fees to the prevailing party if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith; and
(2) may award costs and reasonable attorney’s fees to the prevailing party in the absence of a finding described by Subdivision (1).
(b) To recover attorney’s fees, the person seeking possession must give the person unlawfully in possession a written demand for that person to vacate the premises. The demand must be given by registered or certified mail at least 10 days before filing the claim for recovery of possession.
(c) The demand must state that if the person unlawfully in possession does not vacate the premises within 10 days and a claim is filed by the person seeking possession, the court may enter a judgment against the person unlawfully in possession for costs and attorney’s fees in an amount determined by the court to be reasonable.
Acts 2009, 81st Leg., R.S., Ch. 901 (H.B. 556), Sec. 1, eff. September 1, 2009.
Sec. 16.035. LIEN ON REAL PROPERTY. (a) A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien not later than four years after the day the cause of action accrues.
(b) A sale of real property under a power of sale in a mortgage or deed of trust that creates a real property lien must be made not later than four years after the day the cause of action accrues.
(c) The running of the statute of limitations is not suspended against a bona fide purchaser for value, a lienholder, or a lessee who has no notice or knowledge of the suspension of the limitations period and who acquires an interest in the property when a cause of action on an outstanding real property lien has accrued for more than four years, except as provided by:
(1) Section 16.062, providing for suspension in the event of death; or
(2) Section 16.036, providing for recorded extensions of real property liens.
(d) On the expiration of the four-year limitations period, the real property lien and a power of sale to enforce the real property lien become void.
(e) If a series of notes or obligations or a note or obligation payable in installments is secured by a real property lien, the four-year limitations period does not begin to run until the maturity date of the last note, obligation, or installment.
(f) The limitations period under this section is not affected by Section 3.118, Business & Commerce Code.
(g) In this section, “real property lien” means:
(1) a superior title retained by a vendor in a deed of conveyance or a purchase money note; or
(2) a vendor’s lien, a mortgage, a deed of trust, a voluntary mechanic’s lien, or a voluntary materialman’s lien on real estate, securing a note or other written obligation.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 219, Sec. 1, eff. May 23, 1997.
Sec. 16.036. EXTENSION OF REAL PROPERTY LIEN. (a) The party or parties primarily liable for a debt or obligation secured by a real property lien, as that term is defined in Section 16.035, may suspend the running of the four-year limitations period for real property liens through a written extension agreement as provided by this section.
(b) The limitations period is suspended and the lien remains in effect for four years after the extended maturity date of the debt or obligation if the extension agreement is:
(1) signed and acknowledged as provided by law for a deed conveying real property; and
(2) filed for record in the county clerk’s office of the county where the real property is located.
(c) The parties may continue to extend the lien by entering, acknowledging, and recording additional extension agreements.
(d) The maturity date stated in the original instrument or in the date of the recorded renewal and extension is conclusive evidence of the maturity date of the debt or obligation.
(e) The limitations period under this section is not affected by Section 3.118, Business & Commerce Code.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 219, Sec. 2, eff. May 23, 1997.
Sec. 16.037. EFFECT OF EXTENSION OF REAL PROPERTY LIEN ON THIRD PARTIES. An extension agreement is void as to a bona fide purchaser for value, a lienholder, or a lessee who deals with real property affected by a real property lien without actual notice of the agreement and before the agreement is acknowledged, filed, and recorded.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 219, Sec. 3, eff. May 23, 1997.
SUBCHAPTER C. RESIDUAL LIMITATIONS PERIOD
Sec. 16.051. RESIDUAL LIMITATIONS PERIOD. Every action for which there is no express limitations period, except an action for the recovery of real property, must be brought not later than four years after the day the cause of action accrues.
Sec. 16.061. RIGHTS NOT BARRED. (a) A right of action of this state or a political subdivision of the state, including a county, an incorporated city or town, a navigation district, a municipal utility district, a port authority, an entity acting under Chapter 54, Transportation Code, a school district, or an entity created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, is not barred by any of the following sections: 16.001-16.004, 16.006, 16.007, 16.021-16.028, 16.030-16.032, 16.035-16.037, 16.051, 16.062, 16.063, 16.065-16.067, 16.070, 16.071, 31.006, or 71.021.
(b) In this section:
(1) “Navigation district” means a navigation district organized under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.
(2) “Port authority” has the meaning assigned by Section 60.402, Water Code.
(3) “Municipal utility district” means a municipal utility district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 4.02, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 782, Sec. 1, eff. Aug. 30, 1993; Acts 1997, 75th Leg., ch. 1070, Sec. 47, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 8.204, eff. Sept. 1, 2001.
Sec. 16.062. EFFECT OF DEATH. (a) The death of a person against whom or in whose favor there may be a cause of action suspends the running of an applicable statute of limitations for 12 months after the death.
(b) If an executor or administrator of a decedent’s estate qualifies before the expiration of the period provided by this section, the statute of limitations begins to run at the time of the qualification.
Sec. 16.063. TEMPORARY ABSENCE FROM STATE. The absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of limitations for the period of the person’s absence.
Sec. 16.064. EFFECT OF LACK OF JURISDICTION. (a) The period between the date of filing an action in a trial court and the date of a second filing of the same action in a different court suspends the running of the applicable statute of limitations for the period if:
(1) because of lack of jurisdiction in the trial court where the action was first filed, the action is dismissed or the judgment is set aside or annulled in a direct proceeding; and
(2) not later than the 60th day after the date the dismissal or other disposition becomes final, the action is commenced in a court of proper jurisdiction.
(b) This section does not apply if the adverse party has shown in abatement that the first filing was made with intentional disregard of proper jurisdiction.
Sec. 16.065. ACKNOWLEDGMENT OF CLAIM. An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of limitations if made after the time that the claim is due unless the acknowledgment is in writing and is signed by the party to be charged.
Sec. 16.066. ACTION ON FOREIGN JUDGMENT. (a) An action on a foreign judgment is barred in this state if the action is barred under the laws of the jurisdiction where rendered.
(b) An action against a person who has resided in this state for 10 years prior to the action may not be brought on a foreign judgment rendered more than 10 years before the commencement of the action in this state.
(c) In this section “foreign judgment” means a judgment or decree rendered in another state or a foreign country.
Sec. 16.067. CLAIM INCURRED PRIOR TO ARRIVAL IN THIS STATE. (a) A person may not bring an action to recover a claim against a person who has moved to this state if the claim is barred by the law of limitations of the state or country from which the person came.
(b) A person may not bring an action to recover money from a person who has moved to this state and who was released from its payment by the bankruptcy or insolvency laws of the state or country from which the person came.
(c) A demand that is against a person who has moved to this state and was incurred prior to his arrival in this state is not barred by the law of limitations until the person has lived in this state for 12 months. This subsection does not affect the application of Subsections (a) and (b).
Sec. 16.068. AMENDED AND SUPPLEMENTAL PLEADINGS. If a filed pleading relates to a cause of action, cross action, counterclaim, or defense that is not subject to a plea of limitation when the pleading is filed, a subsequent amendment or supplement to the pleading that changes the facts or grounds of liability or defense is not subject to a plea of limitation unless the amendment or supplement is wholly based on a new, distinct, or different transaction or occurrence.
Sec. 16.069. COUNTERCLAIM OR CROSS CLAIM. (a) If a counterclaim or cross claim arises out of the same transaction or occurrence that is the basis of an action, a party to the action may file the counterclaim or cross claim even though as a separate action it would be barred by limitation on the date the party’s answer is required.
(b) The counterclaim or cross claim must be filed not later than the 30th day after the date on which the party’s answer is required.
Sec. 16.070. CONTRACTUAL LIMITATIONS PERIOD. (a) Except as provided by Subsection (b), a person may not enter a stipulation, contract, or agreement that purports to limit the time in which to bring suit on the stipulation, contract, or agreement to a period shorter than two years. A stipulation, contract, or agreement that establishes a limitations period that is shorter than two years is void in this state.
(b) This section does not apply to a stipulation, contract, or agreement relating to the sale or purchase of a business entity if a party to the stipulation, contract, or agreement pays or receives or is obligated to pay or entitled to receive consideration under the stipulation, contract, or agreement having an aggregate value of not less than $500,000.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 840, Sec. 2, eff. Aug. 26, 1991.
Sec. 16.071. NOTICE REQUIREMENTS. (a) A contract stipulation that requires a claimant to give notice of a claim for damages as a condition precedent to the right to sue on the contract is not valid unless the stipulation is reasonable. A stipulation that requires notification within less than 90 days is void.
(b) If notice is required, the claimant may notify any convenient agent of the company that requires the notice.
(c) A contract stipulation between the operator of a railroad, street railway, or interurban railroad and an employee or servant of the operator is void if it requires as a condition precedent to liability:
(1) the employee or servant to notify the system of a claim for damages for personal injury caused by negligence; or
(2) the spouse, parent, or child of a deceased employee or servant to notify the system of a claim of death caused by negligence.
(d) This section applies to a contract between a federal prime contractor and a subcontractor, except that the notice period stipulated in the subcontract may be for a period not less than the period stipulated in the prime contract, minus seven days.
(e) In a suit covered by this section or Section 16.070, it is presumed that any required notice has been given unless lack of notice is specifically pleaded under oath.
(f) This section does not apply to a contract relating to the sale or purchase of a business entity if a party to the contract pays or receives or is obligated to pay or receive consideration under the contract having an aggregate value of not less than $500,000.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 840, Sec. 3, eff. Aug. 26, 1991.
Sec. 16.072. SATURDAY, SUNDAY, OR HOLIDAY. If the last day of a limitations period under any statute of limitations falls on a Saturday, Sunday, or holiday, the period for filing suit is extended to include the next day that the county offices are open for business.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
B 7 (Official Form 7) (04/10)
UNITED STATES BANKRUPTCY COURT
__________ District of __________
In re:_____ ___________________________________, Case No. ___________________________________
Debtor (if known)
STATEMENT OF FINANCIAL AFFAIRS
This statement is to be completed by every debtor. Spouses filing a joint petition may file a single statement on which
the information for both spouses is combined. If the case is filed under chapter 12 or chapter 13, a married debtor must furnish
information for both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not
filed. An individual debtor engaged in business as a sole proprietor, partner, family farmer, or self-employed professional,
should provide the information requested on this statement concerning all such activities as well as the individual’s personal
affairs. To indicate payments, transfers and the like to minor children, state the child’s initials and the name and address of the
child’s parent or guardian, such as “A.B., a minor child, by John Doe, guardian.” Do not disclose the child’s name. See, 11 U.S.C.
§112 and Fed. R. Bankr. P. 1007(m).
Questions 1 – 18 are to be completed by all debtors. Debtors that are or have been in business, as defined below, also
must complete Questions 19 – 25. If the answer to an applicable question is “None,” mark the box labeled “None.” If
additional space is needed for the answer to any question, use and attach a separate sheet properly identified with the case name,
case number (if known), and the number of the question.
DEFINITIONS
“In business.” A debtor is “in business” for the purpose of this form if the debtor is a corporation or partnership. An
individual debtor is “in business” for the purpose of this form if the debtor is or has been, within six years immediately preceding
the filing of this bankruptcy case, any of the following: an officer, director, managing executive, or owner of 5 percent or more
of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor or
self-employed full-time or part-time. An individual debtor also may be “in business” for the purpose of this form if the debtor
engages in a trade, business, or other activity, other than as an employee, to supplement income from the debtor’s primary
employment.
“Insider.” The term “insider” includes but is not limited to: relatives of the debtor; general partners of the debtor and
their relatives; corporations of which the debtor is an officer, director, or person in control; officers, directors, and any owner of
5 percent or more of the voting or equity securities of a corporate debtor and their relatives; affiliates of the debtor and insiders
of such affiliates; any managing agent of the debtor. 11 U.S.C. § 101.
______________________________________________________________________________________________________
1. Income from employment or operation of business
None State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of
the debtor’s business, including part-time activities either as an employee or in independent trade or business, from the
beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the
two years immediately preceding this calendar year. (A debtor that maintains, or has maintained, financial records on
the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates
of the debtor’s fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing
under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, unless the
spouses are separated and a joint petition is not filed.)
AMOUNT SOURCE
2
*Amount subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or
after the date of adjustment.
2. Income other than from employment or operation of business
None State the amount of income received by the debtor other than from employment, trade, profession, operation of the
debtor’s business during the two years immediately preceding the commencement of this case. Give particulars. If a
joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13
must state income for each spouse whether or not a joint petition is filed, unless the spouses are separated and a joint
petition is not filed.)
AMOUNT SOURCE
_____________________________________________________________________________________________________
3. Payments to creditors
Complete a. or b., as appropriate, and c.
None
G a. Individual or joint debtor(s) with primarily consumer debts: List all payments on loans, installment purchases of
goods or services, and other debts to any creditor made within 90 days immediately preceding the commencement of
this case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $600.
Indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic support obligation or
as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling
agency. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses
whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS OF CREDITOR DATES OF AMOUNT AMOUNT
PAYMENTS PAID STILL OWING
None
G b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made
within 90 days immediately preceding the commencement of the case unless the aggregate value of all property that
constitutes or is affected by such transfer is less than $5,850*. If the debtor is an individual, indicate with an asterisk
(*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative
repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors
filing under chapter 12 or chapter 13 must include payments and other transfers by either or both spouses whether or
not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS OF CREDITOR DATES OF AMOUNT AMOUNT
PAYMENTS/ PAID OR STILL
TRANSFERS VALUE OF OWING
TRANSFERS
3
None
G c. All debtors: List all payments made within one year immediately preceding the commencement of this case
to or for the benefit of creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must
include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and
a joint petition is not filed.)
NAME AND ADDRESS OF CREDITOR DATE OF AMOUNT AMOUNT
AND RELATIONSHIP TO DEBTOR PAYMENT PAID STILL OWING
______________________________________________________________________________________________________
4. Suits and administrative proceedings, executions, garnishments and attachments
None a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately
preceding the filing of this bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include
information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated
and a joint petition is not filed.)
CAPTION OF SUIT COURT OR AGENCY STATUS OR
AND CASE NUMBER NATURE OF PROCEEDING AND LOCATION DISPOSITION
None b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one
year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13
must include information concerning property of either or both spouses whether or not a joint petition is filed, unless
the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS DESCRIPTION
OF PERSON FOR WHOSE DATE OF AND VALUE
BENEFIT PROPERTY WAS SEIZED SEIZURE OF PROPERTY
_____________________________________________________________________________________________________
5. Repossessions, foreclosures and returns
None List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu
of foreclosure or returned to the seller, within one year immediately preceding the commencement of this case.
(Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both
spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
DATE OF REPOSSESSION, DESCRIPTION
NAME AND ADDRESS FORECLOSURE SALE, AND VALUE
OF CREDITOR OR SELLER TRANSFER OR RETURN OF PROPERTY
______________________________________________________________________________________________________
4
6. Assignments and receiverships
None a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the
commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include any assignment by
either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not
filed.)
TERMS OF
NAME AND ADDRESS DATE OF ASSIGNMENT
OF ASSIGNEE ASSIGNMENT OR SETTLEMENT
None b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year
immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must
include information concerning property of either or both spouses whether or not a joint petition is filed, unless the
spouses are separated and a joint petition is not filed.)
NAME AND LOCATION DESCRIPTION
NAME AND ADDRESS OF COURT DATE OF AND VALUE
OF CUSTODIAN CASE TITLE & NUMBER ORDER Of PROPERTY
______________________________________________________________________________________________________
7. Gifts
None List all gifts or charitable contributions made within one year immediately preceding the commencement of this case
except ordinary and usual gifts to family members aggregating less than $200 in value per individual family member
and charitable contributions aggregating less than $100 per recipient. (Married debtors filing under chapter 12 or
chapter 13 must include gifts or contributions by either or both spouses whether or not a joint petition is filed, unless
the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS RELATIONSHIP DESCRIPTION
OF PERSON TO DEBTOR, DATE AND VALUE
OR ORGANIZATION IF ANY OF GIFT OF GIFT
_____________________________________________________________________________________________________
8. Losses
None List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement
of this case or since the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must
include losses by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a
joint petition is not filed.)
DESCRIPTION DESCRIPTION OF CIRCUMSTANCES AND, IF
AND VALUE OF LOSS WAS COVERED IN WHOLE OR IN PART DATE
PROPERTY BY INSURANCE, GIVE PARTICULARS OF LOSS
______________________________________________________________________________________________________
5
9. Payments related to debt counseling or bankruptcy
None List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for
consultation concerning debt consolidation, relief under the bankruptcy law or preparation of a petition in bankruptcy
within one year immediately preceding the commencement of this case.
DATE OF PAYMENT, AMOUNT OF MONEY OR
NAME AND ADDRESS NAME OF PAYER IF DESCRIPTION AND
OF PAYEE OTHER THAN DEBTOR VALUE OF PROPERTY
______________________________________________________________________________________________________
10. Other transfers
None
a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of
the debtor, transferred either absolutely or as security within two years immediately preceding the commencement of
this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses
whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS OF TRANSFEREE, DESCRIBE PROPERTY
RELATIONSHIP TO DEBTOR TRANSFERRED AND
DATE VALUE RECEIVED
None
G b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case
to a self-settled trust or similar device of which the debtor is a beneficiary.
NAME OF TRUST OR OTHER DATE(S) OF AMOUNT OF MONEY OR DESCRIPTION
DEVICE TRANSFER(S) AND VALUE OF PROPERTY OR DEBTOR’S
INTEREST IN PROPERTY
______________________________________________________________________________________________________
11. Closed financial accounts
None List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were
closed, sold, or otherwise transferred within one year immediately preceding the commencement of this case. Include
checking, savings, or other financial accounts, certificates of deposit, or other instruments; shares and share accounts
held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial
institutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or
instruments held by or for either or both spouses whether or not a joint petition is filed, unless the spouses are
separated and a joint petition is not filed.)
TYPE OF ACCOUNT, LAST FOUR AMOUNT AND
NAME AND ADDRESS DIGITS OF ACCOUNT NUMBER, DATE OF SALE
OF INSTITUTION AND AMOUNT OF FINAL BALANCE OR CLOSING
______________________________________________________________________________________________________
6
12. Safe deposit boxes
None List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables
within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or
chapter 13 must include boxes or depositories of either or both spouses whether or not a joint petition is filed, unless
the spouses are separated and a joint petition is not filed.)
NAME AND ADDRESS NAMES AND ADDRESSES DESCRIPTION DATE OF TRANSFER
OF BANK OR OF THOSE WITH ACCESS OF OR SURRENDER,
OTHER DEPOSITORY TO BOX OR DEPOSITORY CONTENTS IF ANY
______________________________________________________________________________________________________
13. Setoffs
None List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding
the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information
concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint
petition is not filed.)
DATE OF AMOUNT
NAME AND ADDRESS OF CREDITOR SETOFF OF SETOFF
_____________________________________________________________________________________________________
14. Property held for another person
None List all property owned by another person that the debtor holds or controls.
NAME AND ADDRESS DESCRIPTION AND
OF OWNER VALUE OF PROPERTY LOCATION OF PROPERTY
_____________________________________________________________________________________________________
15. Prior address of debtor
None
G If debtor has moved within three years immediately preceding the commencement of this case, list all premises
which the debtor occupied during that period and vacated prior to the commencement of this case. If a joint petition is
filed, report also any separate address of either spouse.
ADDRESS NAME USED DATES OF OCCUPANCY
_____________________________________________________________________________
7
16. Spouses and Former Spouses
None If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona,
California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight
years immediately preceding the commencement of the case, identify the name of the debtor’s spouse and of
any former spouse who resides or resided with the debtor in the community property state.
NAME
______________________________________________________________________________________________________
17. Environmental Information.
For the purpose of this question, the following definitions apply:
“Environmental Law” means any federal, state, or local statute or regulation regulating pollution, contamination,
releases of hazardous or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or
other medium, including, but not limited to, statutes or regulations regulating the cleanup of these substances, wastes,
or material.
“Site” means any location, facility, or property as defined under any Environmental Law, whether or not presently or
formerly owned or operated by the debtor, including, but not limited to, disposal sites.
“Hazardous Material” means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous
material, pollutant, or contaminant or similar term under an Environmental Law.
None a. List the name and address of every site for which the debtor has received notice in writing by a governmental
unit that it may be liable or potentially liable under or in violation of an Environmental Law. Indicate the
governmental unit, the date of the notice, and, if known, the Environmental Law:
SITE NAME NAME AND ADDRESS DATE OF ENVIRONMENTAL
AND ADDRESS OF GOVERNMENTAL UNIT NOTICE LAW
None b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release
of Hazardous Material. Indicate the governmental unit to which the notice was sent and the date of the notice.
SITE NAME NAME AND ADDRESS DATE OF ENVIRONMENTAL
AND ADDRESS OF GOVERNMENTAL UNIT NOTICE LAW
None c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with
respect to which the debtor is or was a party. Indicate the name and address of the governmental unit that is or was a party
to the proceeding, and the docket number.
NAME AND ADDRESS DOCKET NUMBER STATUS OR
OF GOVERNMENTAL UNIT DISPOSITION
______________________________________________________________________________________________________
18 . Nature, location and name of business
None a. If the debtor is an individual, list the names, addresses, taxpayer-identification numbers, nature of the businesses,
and beginning and ending dates of all businesses in which the debtor was an officer, director, partner, or managing
8
executive of a corporation, partner in a partnership, sole proprietor, or was self-employed in a trade, profession, or
other activity either full- or part-time within six years immediately preceding the commencement of this case, or in
which the debtor owned 5 percent or more of the voting or equity securities within six years immediately preceding
the commencement of this case.
If the debtor is a partnership, list the names, addresses, taxpayer-identification numbers, nature of the businesses,
and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of
the voting or equity securities, within six years immediately preceding the commencement of this case.
If the debtor is a corporation, list the names, addresses, taxpayer-identification numbers, nature of the businesses,
and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of
the voting or equity securities within six years immediately preceding the commencement of this case.
LAST FOUR DIGITS
OF SOCIAL-SECURITY BEGINNING AND
NAME OR OTHER INDIVIDUAL ADDRESS NATURE OF BUSINESS ENDING DATES
TAXPAYER-I.D. NO.
(ITIN)/ COMPLETE EIN
None b. Identify any business listed in response to subdivision a., above, that is “single asset real estate” as
defined in 11 U.S.C. § 101.
NAME ADDRESS
______________________________________________________________________________________________________
The following questions are to be completed by every debtor that is a corporation or partnership and by any individual
debtor who is or has been, within six years immediately preceding the commencement of this case, any of the following: an
officer, director, managing executive, or owner of more than 5 percent of the voting or equity securities of a corporation; a
partner, other than a limited partner, of a partnership, a sole proprietor, or self-employed in a trade, profession, or other activity,
either full- or part-time.
(An individual or joint debtor should complete this portion of the statement only if the debtor is or has been in
business, as defined above, within six years immediately preceding the commencement of this case. A debtor who has not been
in business within those six years should go directly to the signature page.)
_____________________________________________________________________________________________________
19. Books, records and financial statements
None a. List all bookkeepers and accountants who within two years immediately preceding the filing of this
bankruptcy case kept or supervised the keeping of books of account and records of the debtor.
NAME AND ADDRESS DATES SERVICES RENDERED
None b. List all firms or individuals who within two years immediately preceding the filing of this bankruptcy
case have audited the books of account and records, or prepared a financial statement of the debtor.
NAME ADDRESS DATES SERVICES RENDERED
9
None c. List all firms or individuals who at the time of the commencement of this case were in possession of the
books of account and records of the debtor. If any of the books of account and records are not available, explain.
NAME ADDRESS
None d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a
financial statement was issued by the debtor within two years immediately preceding the commencement of this case.
NAME AND ADDRESS DATE ISSUED
________________________________________________________________________________________________
20. Inventories
None a. List the dates of the last two inventories taken of your property, the name of the person who supervised the
taking of each inventory, and the dollar amount and basis of each inventory.
DOLLAR AMOUNT
OF INVENTORY
DATE OF INVENTORY INVENTORY SUPERVISOR (Specify cost, market or other
basis)
None b. List the name and address of the person having possession of the records of each of the inventories reported
in a., above.
NAME AND ADDRESSES
OF CUSTODIAN
DATE OF INVENTORY OF INVENTORY RECORDS
____________________________________________________________________________________________________
21 . Current Partners, Officers, Directors and Shareholders
None a. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the
partnership.
NAME AND ADDRESS NATURE OF INTEREST PERCENTAGE OF INTEREST
None b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who
directly or indirectly owns, controls, or holds 5 percent or more of the voting or equity securities of the
corporation.
NATURE AND PERCENTAGE
NAME AND ADDRESS TITLE OF STOCK OWNERSHIP
__________________________________________________________________________________________________
10
22 . Former partners, officers, directors and shareholders
None a. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately
preceding the commencement of this case.
NAME ADDRESS DATE OF WITHDRAWAL
None b. If the debtor is a corporation, list all officers or directors whose relationship with the corporation terminated
within one year immediately preceding the commencement of this case.
NAME AND ADDRESS TITLE DATE OF TERMINATION
___________________________________________________________________________________________________
23 . Withdrawals from a partnership or distributions by a corporation
None If the debtor is a partnership or corporation, list all withdrawals or distributions credited or given to an insider,
including compensation in any form, bonuses, loans, stock redemptions, options exercised and any other perquisite
during one year immediately preceding the commencement of this case.
NAME & ADDRESS AMOUNT OF MONEY
OF RECIPIENT, DATE AND PURPOSE OR DESCRIPTION
RELATIONSHIP TO DEBTOR OF WITHDRAWAL AND VALUE OF PROPERTY
___________________________________________________________________
24. Tax Consolidation Group.
None If the debtor is a corporation, list the name and federal taxpayer-identification number of the parent corporation of any
consolidated group for tax purposes of which the debtor has been a member at any time within six years
immediately preceding the commencement of the case.
NAME OF PARENT CORPORATION TAXPAYER-IDENTIFICATION NUMBER (EIN)
_____________________________________________________________________________________________________
25. Pension Funds.
None If the debtor is not an individual, list the name and federal taxpayer-identification number of any pension fund to
which the debtor, as an employer, has been responsible for contributing at any time within six years immediately
preceding the commencement of the case.
NAME OF PENSION FUND TAXPAYER-IDENTIFICATION NUMBER (EIN)
* * * * * *
11
[If completed by an individual or individual and spouse]
I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs
and any attachments thereto and that they are true and correct.
Date
Signature
of Debtor
Date
Signature of
Joint Debtor
(if any)
____________________________________________________________________________
[If completed on behalf of a partnership or corporation]
I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments
thereto and that they are true and correct to the best of my knowledge, information and belief.
Date Signature
Print Name and
Title
[An individual signing on behalf of a partnership or corporation must indicate position or relationship to debtor.]
___continuation sheets attached
Penalty for making a false statement: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571
___________________________________________________________________________________________________
DECLARATION AND SIGNATURE OF NON-ATTORNEY BANKRUPTCY PETITION PREPARER (See 11 U.S.C. § 110)
I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. § 110; (2) I prepared this document for
compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. §§ 110(b), 110(h), and
342(b); and, (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services chargeable by bankruptcy
petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from
the debtor, as required by that section.
Printed or Typed Name and Title, if any, of Bankruptcy Petition Preparer Social-Security No. (Required by 11 U.S.C. § 110.)
If the bankruptcy petition preparer is not an individual, state the name, title (if any), address, and social-security number of the officer, principal,
responsible person, or partner who signs this document.
Address
Signature of Bankruptcy Petition Preparer Date
Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is
not an individual:
If more than one person prepared this document, attach additional signed sheets conforming to the appropriate Official Form for each person
A bankruptcy petition preparer’s failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in
fines or imprisonment or both. 18 U.S.C. § 156.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
TEXAS CIVIL PRACTICE AND REMEDIES CODE CHAPTER 33. PROPORTIONATE RESPONSIBILITY
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE C. JUDGMENTS
CHAPTER 33. PROPORTIONATE RESPONSIBILITY
SUBCHAPTER A. PROPORTIONATE RESPONSIBILITY
Sec. 33.001. PROPORTIONATE RESPONSIBILITY. In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.04, eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995.
Sec. 33.002. APPLICABILITY. (a) This chapter applies to:
(1) any cause of action based on tort in which a defendant, settling person, or responsible third party is found responsible for a percentage of the harm for which relief is sought; or
(2) any action brought under the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) in which a defendant, settling person, or responsible third party is found responsible for a percentage of the harm for which relief is sought.
(b) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 4.10(1).
(c) This chapter does not apply to:
(1) an action to collect workers’ compensation benefits under the workers’ compensation laws of this state (Subtitle A, Title 5, Labor Code) or actions against an employer for exemplary damages arising out of the death of an employee;
(2) a claim for exemplary damages included in an action to which this chapter otherwise applies; or
(3) a cause of action for damages arising from the manufacture of methamphetamine as described by Chapter 99.
(d) to (h) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 4.10(1).
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.05, eff. Sept. 2, 1987. Amended by Acts 1989, 71st Leg., ch. 380, Sec. 4, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 414, Sec. 17, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 643, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 204, Sec. 4.01, 4.10(1), eff. Sept. 1, 2003.
Sec. 33.003. DETERMINATION OF PERCENTAGE OF RESPONSIBILITY. (a) The trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility, stated in whole numbers, for the following persons with respect to each person’s causing or contributing to cause in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these:
(1) each claimant;
(2) each defendant;
(3) each settling person; and
(4) each responsible third party who has been designated under Section 33.004.
(b) This section does not allow a submission to the jury of a question regarding conduct by any person without sufficient evidence to support the submission.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.06, eff. Sept. 2, 1987. Amended by Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 204, Sec. 4.02, eff. Sept. 1, 2003.
Sec. 33.004. DESIGNATION OF RESPONSIBLE THIRD PARTY. (a) A defendant may seek to designate a person as a responsible third party by filing a motion for leave to designate that person as a responsible third party. The motion must be filed on or before the 60th day before the trial date unless the court finds good cause to allow the motion to be filed at a later date.
(b) Nothing in this section affects the third-party practice as previously recognized in the rules and statutes of this state with regard to the assertion by a defendant of rights to contribution or indemnity. Nothing in this section affects the filing of cross-claims or counterclaims.
(c) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 4.10(2).
(d) A defendant may not designate a person as a responsible third party with respect to a claimant’s cause of action after the applicable limitations period on the cause of action has expired with respect to the responsible third party if the defendant has failed to comply with its obligations, if any, to timely disclose that the person may be designated as a responsible third party under the Texas Rules of Civil Procedure.
(e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 203, Sec. 5.02, eff. September 1, 2011.
(f) A court shall grant leave to designate the named person as a responsible third party unless another party files an objection to the motion for leave on or before the 15th day after the date the motion is served.
(g) If an objection to the motion for leave is timely filed, the court shall grant leave to designate the person as a responsible third party unless the objecting party establishes:
(1) the defendant did not plead sufficient facts concerning the alleged responsibility of the person to satisfy the pleading requirement of the Texas Rules of Civil Procedure; and
(2) after having been granted leave to replead, the defendant failed to plead sufficient facts concerning the alleged responsibility of the person to satisfy the pleading requirements of the Texas Rules of Civil Procedure.
(h) By granting a motion for leave to designate a person as a responsible third party, the person named in the motion is designated as a responsible third party for purposes of this chapter without further action by the court or any party.
(i) The filing or granting of a motion for leave to designate a person as a responsible third party or a finding of fault against the person:
(1) does not by itself impose liability on the person; and
(2) may not be used in any other proceeding, on the basis of res judicata, collateral estoppel, or any other legal theory, to impose liability on the person.
(j) Notwithstanding any other provision of this section, if, not later than 60 days after the filing of the defendant’s original answer, the defendant alleges in an answer filed with the court that an unknown person committed a criminal act that was a cause of the loss or injury that is the subject of the lawsuit, the court shall grant a motion for leave to designate the unknown person as a responsible third party if:
(1) the court determines that the defendant has pleaded facts sufficient for the court to determine that there is a reasonable probability that the act of the unknown person was criminal;
(2) the defendant has stated in the answer all identifying characteristics of the unknown person, known at the time of the answer; and
(3) the allegation satisfies the pleading requirements of the Texas Rules of Civil Procedure.
(k) An unknown person designated as a responsible third party under Subsection (j) is denominated as “Jane Doe” or “John Doe” until the person’s identity is known.
(l) After adequate time for discovery, a party may move to strike the designation of a responsible third party on the ground that there is no evidence that the designated person is responsible for any portion of the claimant’s alleged injury or damage. The court shall grant the motion to strike unless a defendant produces sufficient evidence to raise a genuine issue of fact regarding the designated person’s responsibility for the claimant’s injury or damage.
Added by Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 4.03, 4.04, 4.10(2), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 5.01, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 5.02, eff. September 1, 2011.
SUBCHAPTER B. CONTRIBUTION
Sec. 33.011. DEFINITIONS. In this chapter:
(1) “Claimant” means a person seeking recovery of damages, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff. In an action in which a party seeks recovery of damages for injury to another person, damage to the property of another person, death of another person, or other harm to another person, “claimant” includes:
(A) the person who was injured, was harmed, or died or whose property was damaged; and
(B) any person who is seeking, has sought, or could seek recovery of damages for the injury, harm, or death of that person or for the damage to the property of that person.
(2) “Defendant” includes any person from whom, at the time of the submission of the case to the trier of fact, a claimant seeks recovery of damages.
(3) “Liable defendant” means a defendant against whom a judgment can be entered for at least a portion of the damages awarded to the claimant.
(4) “Percentage of responsibility” means that percentage, stated in whole numbers, attributed by the trier of fact to each claimant, each defendant, each settling person, or each responsible third party with respect to causing or contributing to cause in any way, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity violative of the applicable legal standard, or by any combination of the foregoing, the personal injury, property damage, death, or other harm for which recovery of damages is sought.
(5) “Settling person” means a person who has, at any time, paid or promised to pay money or anything of monetary value to a claimant in consideration of potential liability with respect to the personal injury, property damage, death, or other harm for which recovery of damages is sought.
(6) “Responsible third party” means any person who is alleged to have caused or contributed to causing in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these. The term “responsible third party” does not include a seller eligible for indemnity under Section 82.002.
(7) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 4.10(3).
Sec. 33.012. AMOUNT OF RECOVERY. (a) If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant’s percentage of responsibility.
(b) If the claimant has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by the sum of the dollar amounts of all settlements.
(c) Notwithstanding Subsection (b), if the claimant in a health care liability claim filed under Chapter 74 has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by an amount equal to one of the following, as elected by the defendant:
(1) the sum of the dollar amounts of all settlements; or
(2) a percentage equal to each settling person’s percentage of responsibility as found by the trier of fact.
(d) An election made under Subsection (c) shall be made by any defendant filing a written election before the issues of the action are submitted to the trier of fact and when made, shall be binding on all defendants. If no defendant makes this election or if conflicting elections are made, all defendants are considered to have elected Subsection (c)(1).
(e) This section shall not apply to benefits paid by or on behalf of an employer to an employee pursuant to workers’ compensation insurance coverage, as defined in Section 401.011(44), Labor Code, in effect at the time of the act, event, or occurrence made the basis of claimant’s suit.
Acts 2005, 79th Leg., Ch. 277 (S.B. 890), Sec. 1, eff. June 9, 2005.
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(6), eff. September 1, 2005.
Sec. 33.013. AMOUNT OF LIABILITY. (a) Except as provided in Subsection (b), a liable defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant’s percentage of responsibility with respect to the personal injury, property damage, death, or other harm for which the damages are allowed.
(b) Notwithstanding Subsection (a), each liable defendant is, in addition to his liability under Subsection (a), jointly and severally liable for the damages recoverable by the claimant under Section 33.012 with respect to a cause of action if:
(1) the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than 50 percent; or
(2) the defendant, with the specific intent to do harm to others, acted in concert with another person to engage in the conduct described in the following provisions of the Penal Code and in so doing proximately caused the damages legally recoverable by the claimant:
(G) Section 22.04 (injury to a child, elderly individual, or disabled individual);
(H) Section 32.21 (forgery);
(I) Section 32.43 (commercial bribery);
(J) Section 32.45 (misapplication of fiduciary property or property of financial institution);
(K) Section 32.46 (securing execution of document by deception);
(L) Section 32.47 (fraudulent destruction, removal, or concealment of writing);
(M) conduct described in Chapter 31 the punishment level for which is a felony of the third degree or higher; or
(N) Section 21.02 (continuous sexual abuse of young child or children).
(c) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 4.10(5).
(d) This section does not create a cause of action.
(e) Notwithstanding anything to the contrary stated in the provisions of the Penal Code listed in Subsection (b)(2), that subsection applies only if the claimant proves the defendant acted or failed to act with specific intent to do harm. A defendant acts with specific intent to do harm with respect to the nature of the defendant’s conduct and the result of the person’s conduct when it is the person’s conscious effort or desire to engage in the conduct for the purpose of doing substantial harm to others.
(f) The jury may not be made aware through voir dire, introduction into evidence, instruction, or any other means that the conduct to which Subsection (b)(2) refers is defined by the Penal Code.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.02, eff. September 1, 2007.
Sec. 33.015. CONTRIBUTION. (a) If a defendant who is jointly and severally liable under Section 33.013 pays a percentage of the damages for which the defendant is jointly and severally liable greater than his percentage of responsibility, that defendant has a right of contribution for the overpayment against each other liable defendant to the extent that the other liable defendant has not paid the percentage of the damages found by the trier of fact equal to that other defendant’s percentage of responsibility.
(b) As among themselves, each of the defendants who is jointly and severally liable under Section 33.013 is liable for the damages recoverable by the claimant under Section 33.012 in proportion to his respective percentage of responsibility. If a defendant who is jointly and severally liable pays a larger proportion of those damages than is required by his percentage of responsibility, that defendant has a right of contribution for the overpayment against each other defendant with whom he is jointly and severally liable under Section 33.013 to the extent that the other defendant has not paid the proportion of those damages required by that other defendant’s percentage of responsibility.
(c) If for any reason a liable defendant does not pay or contribute the portion of the damages required by his percentage of responsibility, the amount of the damages not paid or contributed by that defendant shall be paid or contributed by the remaining defendants who are jointly and severally liable for those damages. The additional amount to be paid or contributed by each of the defendants who is jointly and severally liable for those damages shall be in proportion to his respective percentage of responsibility.
(d) No defendant has a right of contribution against any settling person.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.11, eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995.
Sec. 33.016. CLAIM AGAINST CONTRIBUTION DEFENDANT. (a) In this section, “contribution defendant” means any defendant, counterdefendant, or third-party defendant from whom any party seeks contribution with respect to any portion of damages for which that party may be liable, but from whom the claimant seeks no relief at the time of submission.
(b) Each liable defendant is entitled to contribution from each person who is not a settling person and who is liable to the claimant for a percentage of responsibility but from whom the claimant seeks no relief at the time of submission. A party may assert this contribution right against any such person as a contribution defendant in the claimant’s action.
(c) The trier of fact shall determine as a separate issue or finding of fact the percentage of responsibility with respect to each contribution defendant and these findings shall be solely for purposes of this section and Section 33.015 and not as a part of the percentages of responsibility determined under Section 33.003. Only the percentage of responsibility of each defendant and contribution defendant shall be included in this determination.
(d) As among liable defendants, including each defendant who is jointly and severally liable under Section 33.013, each contribution defendant’s percentage of responsibility is to be included for all purposes of Section 33.015. The amount to be contributed by each contribution defendant pursuant to Section 33.015 shall be in proportion to his respective percentage of responsibility relative to the sum of percentages of responsibility of all liable defendants and liable contribution defendants.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.11A, eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995.
Sec. 33.017. PRESERVATION OF EXISTING RIGHTS OF INDEMNITY. Nothing in this chapter shall be construed to affect any rights of indemnity granted by any statute, by contract, or by common law. To the extent of any conflict between this chapter and any right to indemnification granted by statute, contract, or common law, those rights of indemnification shall prevail over the provisions of this chapter.
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