Section 95.1 - Motor Vehicle Title Service Licensing(a) Who must apply for Motor Vehicle Title Service License. (1) All companies and individuals wishing to conduct title service business in Harris County, as defined in Chapter 520 of the Transportation Code under subchapter E must be licensed by the County Tax Assessor-Collector.(2) Any organization that falls into the category of "motor vehicle title service" company must be registered and licensed by the County Tax Assessor-Collector. "Motor vehicle title service" means any person who, for compensation, directly or indirectly assists other persons in obtaining title documents by submitting, transmitting or sending applications for the title documents to the appropriate government agencies.(3) There are two categories of licenses that are required to do business: the Motor Vehicle Title Service License and the Title Service Runner License. (A) The operator of a motor vehicle title service company must complete a form provided by the County Tax Assessor-Collector. The operator of the title service company will provide the company name, as well as the name of all individuals who have an ownership interest in the applying motor vehicle title service company. The motor vehicle title service company shall assume the responsibility for the accuracy and validity of all documents presented to the County Tax Assessor-Collector under its name.(B) A "motor vehicle title service runner" is a registered agent of a registered motor vehicle title service company. The motor vehicle title service runner has the authority to present motor vehicle title documents to the County Tax Assessor-Collector's office for processing. Runners must be authorized by a motor vehicle title service company. Runners may represent more than one motor vehicle title service company.(b) Application Process. Individuals and companies wishing to complete an application to register as a motor vehicle title service company, or as a runner, must apply at the Harris County Administration at 1001 Preston, Room 100, Houston, Texas. All applicants must present their current Texas driver's license or a Texas Department of Public Safety identification card at the time they apply. Lack of a current Texas driver's license or a Texas Department of Public Safety identification card disqualifies an applicant from being licensed. The minimum age at which a person may apply for a license is 16. (1) Vehicle Title Service License Requirements (A) Service Company License, shall, in addition to fulfilling the requirements set forth in Chapter 520 of the Transportation Code, Subchapter E, provide a "doing business as" (DBA) certificate, or articles of incorporation; plus banking information. Applicants must provide a physical address. No license will be issued to a company or individual whose address is a Post Office Box.(B) Vehicle title service companies must identify all individuals who have an ownership in the business. All persons with an ownership interest in a vehicle title service company are subject to the requirements of this Act, and must be licensed under its terms and conditions.(C) Runners must be identified and sponsored by the motor vehicle title service company in order to conduct business on its behalf. Only individuals and entities that have been awarded a motor vehicle title service license can authorize a runner. The required documents for any runner who is authorized as an agent of a title company must be on file with each service company for which the runner is an authorized agent.(D) Upon completion of their application, applicants will be contacted within ten (10) working days, by mail and by phone. They will be instructed to report to the office of the County Tax Assessor-Collector to pick up a letter or authorization, or a letter of rejection.(E) Licensed must be renewed annually. Applicants must meet all original requirements.(2) Requirements for Title Service Runner License(A) A licensed motor vehicle title service company must authorize all individuals who will process paperwork on its behalf. Individuals whose names are not on file as agents of a title company will not be allowed to conduct business on behalf of that title service company.(B) All individuals shall fill out the application for a Title Service Runner License. All applicants will be notified within ten (10) working days, by mail and by phone, to report to the office of the County Tax Assessor-Collector to pick up a letter of authorization or a letter of rejection.(C) Any unlicensed individual observed conducting frequent motor vehicle title transactions on behalf of others, and who claims not to be receiving any compensation for such activities, shall be required to complete an affidavit stating that he or she is not receiving compensation for conducting motor vehicle title transactions. The affidavit shall be notarized and forwarded to the appropriate law-enforcement agencies by a deputy of the County Tax Assessor-Collector.(c) Causes for rejection of application for license. The following shall disqualify an individual from being licensed under this Act:(1) Submitting false information on the application form or any supporting documents.(2) Having been convicted of a felony or a crime of moral turpitude for which the completion date of the applicant's sentence is less than five years from the date of applying for a license under this Act.(3) Having been found in violation of administrative procedures by the Texas Department of Transportation.(d) Fees. Non-refundable annual fees for licenses shall be as follows: (1) The fee for a Vehicle Title Service Company License shall be $200.00 for the first year and $100 per year each year thereafter.(2) The annual fee for a Title Service Runner License shall be $50.00.(e) Policies for conducting transactions. (1) A Tax Assessor-Collector vehicle transaction form must accompany all motor vehicle title service transactions. The motor vehicle title service company officer or operator shall print and sign his or her name in the space provided, and fill in his or her company authorization number in the space provided.(2) The individual preparing the document will print and sign his or her name in the space provided. That person will also fill in his or her Texas driver's license number.(3) All runners processing documents at the office of the County Tax Assessor-Collector shall print and sign their names in the spaces provided. Runners shall also fill in their County Tax Assessor-Collector authorization number in the appropriate block.(4) In the space labeled Description of Vehicles, all vehicles that the title service company wants to complete a transaction on must be listed and identified as transfer of ownership, renewal or replacement of license plates or registration sticker. The vehicle make, model, year and vehicle identification number must be printed legibly. Only the vehicles authorized by a licensed motor vehicle title service company can be printed on the form. The motor vehicle title service company is responsible for the accuracy and validity of the information for each vehicle listed. Only vehicles authorized and listed by the licensed motor vehicle title service company will be processed.(5) After the final vehicle transaction on each transaction sheet is completed, a copy of the transaction sheet will be made and given to the runner. The original transaction sheet will remain on file at the office of the County Tax Assessor-Collector.(f) The Review Board. The County Tax Assessor-Collector shall appoint a five-member Review Board to review allegations of policy and statute violation. The Review Board shall consist of two deputies from the County Tax Assessor-Collector's office who deal with motor vehicle registration. Two members of the Review Board shall be selected from law enforcement; one from the County Sheriff's office and one from a municipal jurisdiction within the County. The fifth member of the Review Board shall be a representative who is active in the motor vehicle title service industry. Memberships will last one year and replacements will be selected on a staggered basis.(g) Cancellation, Suspension or Revocation of License. (1) It shall be the duty of the County Tax Assessor-Collector to cancel the Motor Vehicle Title Service License or Title Service Runner's License issued to a person, firm or corporation when such license is found by the Review Board to have been obtained by submitting false or misleading information.(2) License holders are subject to license cancellation or suspension if more than two vehicle document packets they submit to the County Tax Assessor-Collector's office are found by the Review Board to contain false information and the false information is determined to have been intentionally submitted by the motor vehicle title service company.(3) A runner is subject to license cancellation or suspension if the Review Board determines that the runner presented a title packet to the County Tax Assessor-Collector's office that was not authorized by a licensed Motor Vehicle Title Service Company. If it is determined that a runner altered or forged the original paperwork prepared for and signed by the motor vehicle title service company, that runner shall be subject to license suspension or cancellation pending a decision from the Review Board.(4) Under Section 520.059 of the Transportation Code, the County Tax Assessor-Collector may deny, suspend, revoke or reinstate a license.(5) If the Review Board renders a determination of intentional, factual vehicle document misrepresentation, the Review Board may recommend a 90-day suspension of license for the first offense. The Review Board may recommend a 180-day suspension of license for the second offense. The Review Board may recommend a license revocation for the third offense.(6) The Review Board has the right to revoke any license upon notification of conviction of a felony or crime of moral turpitude.(7) The County Tax Assessor-Collector shall review any recommendation of the Review Board and render the final decision.(h) The Review Process. (1) The Review Board shall meet once a month at a date determined by the County Tax Assessor-Collector. The board will review any complaints and make a determination as to whether the questioned vehicle documents presented to the County Tax Assessor-Collector constitute intentional misrepresentation of fact.(2) A quorum of three members of the Review Board must be present to render a decision. No proxy votes will be allowed.(3) The County Tax Assessor-Collector shall appoint a member of the Review Board to chair meetings of the Review Board.(4) A majority vote of members present at a meeting of the Review Board shall determine the outcome of matters under consideration.(5) All decisions shall be subject to a final review by the County Tax Assessor-Collector.(i) License Reinstatement. (1) The Review Board will examine all license suspensions before the end of the suspension period. The Review Board will make a recommendation to the County Tax Assessor-Collector as to whether the individual or company should have their license reinstated.(2) The County Tax Assessor-Collector shall review the Board's recommendation and render a final decision.(j) The County Tax Assessor-Collector shall maintain a publicly accessible database containing information about each licensed Motor Vehicle Title Service Company and each licensed Title Service Runner.(k) Amendment Process. The County Tax Assessor-Collector reserves the right to amend these rules as deemed necessary.43 Tex. Admin. Code § 95.1
The provisions of this §95.1 adopted to be effective May 22, 2000, 25 TexReg 4596