Section 217.82 - DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Casual sale--Sale as defined by Transportation Code, §501.091(2).(2) Certificate of title--Title as defined by Transportation Code, §501.002(1-a).(3) Application for Title--A form prescribed by the director of the department's Vehicle Titles and Registration Division that reflects the information required by the department to create a motor vehicle title record.(4) Damage--Damage as defined by Transportation Code, §501.091(3).(5) Date of sale--The date of the transfer of possession of a specific vehicle from a seller to a purchaser.(6) Department--The Texas Department of Motor Vehicles.(7) Export-only sale--The sale of a nonrepairable or salvage motor vehicle, by a salvage vehicle dealer, including a salvage pool operator acting as agent for an insurance company, or a governmental entity, to a person who resides outside the United States.(8) Flood damage--A title remark that is initially indicated on a nonrepairable or salvage vehicle title to denote that the damage to the vehicle was caused exclusively by flood and that is carried forward on subsequent title issuance.(9) Insurance company--As defined by Transportation Code, §501.091(5).(10) Manufacturer's certificate of origin--A form prescribed by the department showing the original transfer of a new motor vehicle from the manufacturer to the original purchaser, whether importer, distributor, dealer, or owner, and when presented with an application for title, showing, on appropriate forms prescribed by the department, each subsequent transfer between distributor and dealer, dealer and dealer, and dealer and owner.(11) Metal recycler--A person as defined by Transportation Code §501.091(7).(12) Motor vehicle--A vehicle described by Transportation Code, §501.002(17).(13) Nonrepairable motor vehicle--A motor vehicle as defined by Transportation Code, §501.091(9).(14) Nonrepairable vehicle title--Title as defined by Transportation Code, §501.091(10).(15) Nonrepairable record of title--Title as defined by Transportation Code, §501.091(10-a).(16) Out-of-state buyer--Buyer as defined by Transportation Code, §501.091(11).(17) Out-of-state ownership document--A negotiable document issued by another jurisdiction that the department considers sufficient to prove ownership of a nonrepairable or salvage motor vehicle and to support issuance of a comparable Texas certificate of title for the motor vehicle. The term does not include a title issued by the department, including a: (A) regular certificate of title;(B) nonrepairable vehicle title;(C) salvage vehicle title;(E) Certificate of Authority to Demolish a Motor Vehicle; or(F) any other ownership document issued by the department.(18) Person--An individual, partnership, corporation, trust, association, or other private legal entity.(19) Rebuilt salvage title--A title evidencing ownership of a nonrepairable motor vehicle that was issued a nonrepairable vehicle title prior to September 1, 2003, or salvage motor vehicle that has been rebuilt.(20) Salvage motor vehicle--A motor vehicle, regardless of the year model: (A) that: (i) is damaged or is missing a major component part to the extent that the cost of repairs exceeds the actual cash value of the motor vehicle immediately before the damage; or(ii) comes into this state under an out-of-state ownership document that states on its face "accident damage," "flood damage," "inoperable," "rebuildable," "salvageable," or similar notation, and is not an out-of-state ownership document with a "rebuilt," "prior salvage," or similar notation, or a nonrepairable motor vehicle; and(B) does not include:(i) a motor vehicle for which an insurance company has paid a claim for repairing hail damage, or theft, unless the motor vehicle was damaged during the theft and before recovery to the extent that the cost of repair exceeds the actual cash value of the motor vehicle immediately before the damage;(ii) the cost of materials or labor for repainting the motor vehicle; or(iii) sales tax on the total cost of repairs.(21) Salvage vehicle dealer--Dealer as defined by Transportation Code, §501.091(17).(22) Salvage vehicle title--Title as defined by Transportation Code, §501.091(16).(23) Salvage record of title--Title as defined by Transportation Code, §501.091(16-a).43 Tex. Admin. Code § 217.82
Adopted by Texas Register, Volume 40, Number 10, March 6, 2015, TexReg 1103, eff. 3/12/2015; Amended by Texas Register, Volume 41, Number 48, November 25, 2016, TexReg 9336, eff. 12/4/2016; Amended by Texas Register, Volume 42, Number 45, November 10, 2017, TexReg 6384, eff. 11/14/2017; Amended by Texas Register, Volume 49, Number 45, November 8, 2024, TexReg 9005, eff. 11/14/2024