TITLE 43. TRANSPORTATION
PART 10. TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 217. VEHICLE TITLES AND REGISTRATION
INTRODUCTION. The Texas Department of Motor Vehicles (department) adopts amendments to 43 Texas Administrative Code (TAC) Chapter 217, Vehicle Titles and Registration. The department adopts the simultaneous repeal of Subchapter A, Motor Vehicle Titles; §217.10, relating to Appeal to the County, and addition of new Subchapter A, Motor Vehicle Titles; §217.10, relating to Department Decisions on Titles and Appeals to the County. The department additionally adopts amendments to Subchapter B, Motor Vehicle Registration; §217.41, relating to Disabled Person License Plates and Disabled Parking Placards. The department further adopts new Subchapter D, Nonrepairable and Salvage Motor Vehicles; §217.87, relating to Requirements for Certain Vehicles Acquired by a Used Automotive Parts Recycler Without a Title. The amendments, new sections, and repeal are necessary to implement legislation, to clarify existing statutory requirements, and to make nonsubstantive grammatical changes to improve readability.
The department adopts §217.10 and §217.41 without changes to the proposed text as published in the October 3, 2025, issue of the Texas Register (50 TexReg 6469) and they will not be republished. The department adopts §217.87 with revisions to the proposed text as published in the October 3, 2025, issue of the Texas Register (50 TexReg 6469) and it will be republished. In conjunction with this adoption, the department is adopting the repeal of §217.10, which is also published in this issue of the Texas Register.
REASONED JUSTIFICATION. The repeal of §217.10, relating to Appeal to the County, is adopted because the current language in the section is duplicative of the statutory requirements in Transportation Code, §501.052, and is therefore unnecessary as rule text. To replace the repealed section, the department adopts new §217.10, relating to Department Decisions on Titles and Appeals to the County. Adopted new §217.10(a) clarifies what constitutes evidence of a title refusal or revocation by the department under Transportation Code, §501.051, for purposes of determining eligibility for a hearing by a tax accessor-collector under Transportation Code, §501.052. The adopted language in new §217.10(a) specifies that for purposes of determining whether a person is eligible for a tax accessor-collector hearing under Transportation Code §501.052, the official record of the department's refusal to issue a title is a written notice of determination from the department. Adopted new §217.10(a) also clarifies that the official record of a revoked title is a revocation remark on the motor vehicle record in the department's Registration and Title System. These adopted new provisions clarify and prevent confusion about the official records of department action that demonstrate eligibility for an appeal hearing under Transportation Code, §501.052.
Adopted new §217.10(b) clarifies that a department decision that an applicant is ineligible to obtain a bonded title under Transportation Code §501.053 is a not a refusal to issue title under Transportation Code, §501.051, and therefore is not subject to a tax accessor-collector hearing under Transportation Code, §501.052. This adopted new language addresses confusion by some tax accessor-collectors, who have incorrectly treated the department's ineligibility determinations under Transportation Code, §501.053 as refusals to title under Transportation Code, §501.051. Adopted new §217.10(b) also aligns the department's rules with recent court rulings, which held that a notice from the department that a vehicle is ineligible for bonded title is not a refusal by the department to issue title under Transportation Code, §501.051.
Adopted amendments to §217.41, relating to Disabled Person License Plates and Disabled Parking Placards, implement Senate Bill (SB) 2001, 89th Legislature, Regular Session (2025), which created Transportation Code, §504.2025, relating to Peace Officers with Disabilities. Section 504.2025 established the right of a qualifying peace officer to obtain disabled peace officer license plates and disabled parking placards. Adopted amendments to §217.41(b)(1), (b)(2)(A), and (b)(3)(A) add statutory references to Transportation Code, §504.2025, to include qualifying disabled peace officers as "disabled persons" for purposes of the eligibility for and issuance of disabled person license plates and disabled parking placards under §217.41. Adopted new §217.41(b)(2)(D) clarifies Transportation Code, §504.202(h) and §504.2025(h) by explaining that qualifying disabled veterans and disabled peace officers have the option to obtain general issue license plates at no expense, in lieu of disabled veteran or peace officer license plates. An adopted amendment to §217.41(b)(1) also adds a reference to the Transportation Code to the citation to §504.202(b-1). An adopted amendment to §217.41(b)(2)(B) adds the titles to §217.43 and §217.45 for ease of reference to these sections. An adopted amendment to §217.41(c) adds the title to §217.28 for ease of reference. Adopted amendments throughout §217.41 correct punctuation to statutory citations by inserting commas between the Texas code and section number.
Adopted new §217.87, relating to Requirements for Certain Vehicles Acquired by a Used Automotive Parts Recycler Without a Title, implements House Bill (HB) 5436, 89th Legislature, Regular Session (2025). Transportation Code, §501.098, relating to Exception to Title Requirement for Certain Vehicles, provides a process for a used automotive parts recycler (recycler) to acquire motor vehicles without titles for the purpose of dismantling, scraping and parting them, without incurring the cost and delay of going through the bonded title process. Adopted new §217.87(a)(1) informs a recycler of their obligation to determine if a motor vehicle acquired without a title under Transportation Code, §501.098(a) has been reported stolen or is subject to a recorded lien or security interest by submitting a form to the department within the time prescribed by Transportation Code, §501.098(c) and §501.098(g). Adopted new §217.87(a)(2) requires the recycler to separately report this information to the National Motor Vehicle Title Information System (NMVTIS), to comply with Transportation Code, §501.098(c) and to clarify that the department will not be reporting information to NMVTIS on the recycler's behalf. Adopted new §217.87(b) describes the information that the recycler must submit on a department form to ascertain whether a vehicle was reported stolen or is subject to any recorded liens, consistent with the information specified under 28 C.F.R. §25.56, to implement the requirements provided in Transportation Code, §501.098(c) and §501.098(g). Adopted new §217.87(b)(5) requires recyclers to attest that the vehicle meets the requirements of Transportation Code, §501.098(a)(1) and (2), in order to ensure that the vehicle is eligible for a recycler to purchase without obtaining title, so that the department can avoid wasting resources by processing forms for ineligible vehicles. At adoption and in response to a public comment, the proposed language for new §217.87(c) was modified to add "or electronically following the procedures set out on the department's website," to allow for an electronic method of delivering the form to the department. This is an optional, but likely faster and more efficient alternative to delivering the form in person to one of the department's 18 regional service centers. The language added to new §217.87(c) at adoption will also allow the department flexibility on the specific method of electronic delivery, so that the department can use monitored email or electronic forms until it has an opportunity to develop and deploy a more sophisticated electronic system for handling the submission of the forms.
Adopted new §217.87(d) describes the actions the department will take in response to receiving the recycler's form under subsection (b) of this section. Adopted new §217.87(d)(1)(A) requires the department to provide the recycler with notice of whether the motor vehicle has been reported stolen either in person or by email, to assure that the department meets the 48-hour deadline for issuing the notice in accordance with Transportation Code, §501.098(d). Adopted new §217.87(d)(1)(B) describes the department's method of informing the recycler in person or by email if the vehicle is subject to a recorded lien or security interest in the department's Registration and Title System, to expedite the notice required under Transportation Code, §501.098(g). Adopted new §217.87(d)(1)(B) also informs the recycler of the process of obtaining from the department the contact information for a recorded lien holder, which is information that Transportation Code, §501.098(h)(2) requires the recycler provide to the county tax accessor-collector. Adopted new §217.87(d)(2) clarifies that if there is a motor vehicle record for the vehicle in the department's Registration and Title System, the department will make a notation in the motor vehicle record that the motor vehicle has been dismantled, scrapped or destroyed, and cancel the title issued by the department for the motor vehicle, in accordance with Transportation Code, §501.098(f).
Adopted new §217.87(e) describes the process for a lienholder or last registered owner of a motor vehicle acquired by a recycler under Transportation Code, §501.098 to request that the department reinstate the title and remove a notation in the department's records for the motor vehicle made under Transportation Code, §501.098(f)(1) and adopted new §217.87(d)(2), indicating that the vehicle had been dismantled, scrapped or destroyed. Adopted new §217.87(e) describes the process of making the request to the department by presenting valid proof of identification and submitting a receipt received from the recycler transferring the motor vehicle back to the lienholder or last registered owner. The adopted new provisions for §217.87(e) implement and administer Transportation Code, §501.098(j), which provides a lienholder or last registered owner the right to retrieve the motor vehicle acquired by the recycler under Transportation Code, §501.098. Additionally, adopted new §217.87(e) avoids subjecting the lienholder or last registered owner to any additional costs, such as the bonded title process would require.
Adopted new §217.87(f) describes the form and format for the records a recycler is required to compile under Transportation Code, §501.098(b) and have available for inspection by law enforcement or department personnel under Transportation Code, §501.098(m). Adopted new §217.87(f)(1) requires a recycler to collect and record the information specified under Transportation Code, §501.098(b)(1)-(9) on a department form made available on the department's website, and to maintain that form together with the identification documents under Transportation Code, §501.098(b)(10) and the department's response under adopted new §217.87(d). Adopted new §217.87(f)(2) allows a recycler the option to maintain records in an electronic format. The adopted new §217.87(f) implements Transportation Code, §501.098(b), to clarify the manner in which a recycler is to compile and maintain the information specified in Transportation Code, §501.098(b) and (c), for inspection under Transportation Code, §501.098(m).
SUMMARY OF COMMENTS.
The department received one written comment on the proposal from the Texas Automotive Recyclers Association (TARA).
Comment: TARA commented that while they understood the department is currently developing an electronic system to receive and process forms submitted by recyclers, they requested the department revise §217.87(c) to provide an option for recyclers to deliver the forms to the department by electronic means as a more efficient alternative to an in-person visit to a department regional service center. TARA further commented that the department could offer an interim hybrid system allowing recyclers to submit a department form via email or in person.
Response. The department agrees. The department modified the proposed language in §217.87(c) at adoption to address this concern by adding "or electronically following the procedures set out on the department's website" that allows for an electronic submission of the form by recyclers.
SUBCHAPTER
A.
STATUTORY AUTHORITY. The department adopts the repeal of §217.10 under Transportation Code, §501.0041, which gives the department authority to adopt rules to administer Transportation Code, Chapter 501, Certificate of Title Act; Transportation Code, §501.051, which gives the department authority to refuse, cancel, suspend or revoke a title; Transportation Code, §501.052, which provides an interested person aggrieved by a refusal, rescission, cancellation, suspension, or revocation under Transportation Code, §501.051, the right to apply for hearing to the county assessor-collector; and Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department.
CROSS REFERENCE TO STATUTE. The adopted repeal would implement Transportation Code, Chapters 501 and 1002.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2025.
TRD-202504580
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: January 1, 2026
Proposal publication date: October 3, 2025
For further information, please call: (512) 465-4160
43 TAC §217.10
STATUTORY AUTHORITY. The department adopts new §217.10 under Transportation Code, §501.0041, which gives the department authority to adopt rules to administer Transportation Code, Chapter 501; Transportation Code, §501.051, which gives the department authority to refuse, cancel, suspend or revoke a title; Transportation Code, §501.053, which gives the department authority to determine the eligibility for a bonded title; Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; and the statutory authority referenced throughout the preamble and in the rule text.
CROSS REFERENCE TO STATUTE. The adopted new section would implement Transportation Code, Chapters 501 and 1002.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2025.
TRD-202504581
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: January 1, 2026
Proposal publication date: October 3, 2025
For further information, please call: (512) 465-4160
SUBCHAPTER
B.
STATUTORY AUTHORITY. The department adopts amendments to §217.41 under Transportation Code, §504.0011, which gives the board authority to adopt rules to implement and administer Transportation Code, Chapter 504, License Plates; Transportation Code, §504.010, which authorizes the board to adopt rules governing the placement of license plates on motor vehicles; Transportation Code, §504.202, entitling a qualifying disabled veteran to elect for license plates issued under Transportation Code, Chapter 502 in lieu of disabled veteran license plates; Transportation Code, §504.2025, as created by Senate Bill 2001, 89th Legislature, Regular Session (2025), providing a qualifying peace officer with the option to obtain disabled peace officer license plates and disabled parking placards; Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; and the statutory authority referenced throughout the preamble and in the rule text.
CROSS REFERENCE TO STATUTE. The adopted amendments would implement Transportation Code, Chapters 504 and 1002.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2025.
TRD-202504582
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: January 1, 2026
Proposal publication date: October 3, 2025
For further information, please call: (512) 465-4160
SUBCHAPTER
D.
STATUTORY AUTHORITY. The department adopts new §217.87 under Transportation Code, §501.0041, which gives the department authority to adopt rules to administer Transportation Code, Chapter 501, Certificate of Title Act; Transportation Code, §501.098, as created by House Bill 5436, 89th Legislature, Regular Session (2025), which gives the department authority to prescribe the manner in which a used automotive parts recycler compiles the information required under Transportation Code, §501.098(b) on motor vehicles purchased without title for purposes of dismantling, scrapping or parting, the authority to prescribe the manner in which a used automotive parts recycler submits to the department any information necessary to satisfy any applicable requirement for reporting information to the National Motor Vehicle Title Information System, and the authority to inspect records under Transportation Code, §501.098(m); and Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; and the statutory authority referenced throughout the preamble and in the rule text.
CROSS REFERENCE TO STATUTE. The adopted new section would implement Transportation Code, Chapters 501 and 1002.
§217.87.
(a) Reporting requirements.
(1) A used automotive parts recycler (recycler), as defined in Occupations Code §2309.002, that purchases a motor vehicle without a title, in accordance with Transportation Code, §501.098(a), shall determine if the motor vehicle is reported stolen and if the motor vehicle is the subject of any recorded security interests or liens by completing and submitting the form described in subsection (b) of this section to the department within the time provided under Transportation Code, §501.098(c) and §501.098(g).
(2) A recycler must separately report the information specified under Transportation Code, §501.098(c) to the National Motor Vehicle Title Information System.
(b) Information on form. A recycler shall submit a form containing the following information:
(1) name, mailing address, email address and phone number of the recycler;
(2) the vehicle identification number for the motor vehicle;
(3) the date the motor vehicle was obtained;
(4) the name of the individual or entity from whom the motor vehicle was obtained;
(5) A statement that the vehicle:
(A) is at least 13 years old,
(B) is purchased solely for parts, dismantling, or scrap, and
(C) has not been registered for at least seven years; and
(6) the signature of the recycler or the recycler's authorized agent.
(c) Submittal of form. The form shall be submitted to the department in person at one of the department's regional offices or electronically following the procedures set out on the department's website.
(d) Department response.
(1) Upon receipt of a completed and signed form under subsection (b) of this section, the department shall:
(A) notify the recycler, in person or via the email address specified on the form, within the time specified under Transportation Code, §501.098(d), whether the motor vehicle has been reported stolen; and
(B) notify the recycler, in person or via the email address specified on the form, whether the motor vehicle is the subject of a recorded security interest or lien in the department's Registration and Title System. If the vehicle has a recorded lien or security interest, the recycler may obtain the contact information of the holder of that recorded lien or security interest from the department by submitting a request in accordance with §217.123 of this title (relating to Access to Motor Vehicle Records).
(2) If the motor vehicle has a motor vehicle record in the department's Registration and Title System, the department shall:
(A) add a notation to the motor vehicle record that the motor vehicle has been dismantled, scrapped, or destroyed; and
(B) cancel the title issued by the department for the motor vehicle.
(e) Vehicles retrieved from recycler. The department shall reinstate the title and remove the notation in the department's records specified under subsection (d)(2) of this section and Transportation Code, §501.098(f)(1) at the request of a lienholder or last registered owner of a vehicle that is retrieved from a recycler under Transportation Code, §501.098(j). The request must include:
(1) a receipt from the recycler transferring the vehicle to the lienholder or last registered owner that includes the vehicle identification number, year and make; and
(2) valid proof of identification as provided in §217.7 of this title (relating to Replacement of Title).
(f) Records.
(1) A recycler shall collect and record the information specified in Transportation Code, §501.098(b)(1)-(9) on a form available on the department's website and maintain that form with the identification documents under Transportation Code, §501.098(b)(10) and the department's response under subsection (d) of this section.
(2) The records may be maintained in an electronic format.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 12, 2025.
TRD-202504583
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: January 1, 2026
Proposal publication date: October 3, 2025
For further information, please call: (512) 465-4160
PART 18. MONTGOMERY COUNTY TAX ASSESSOR-COLLECTOR
CHAPTER 445. MOTOR VEHICLE TITLE SERVICES
43 TAC §§445.1 - 445.17The Montgomery County Tax Assessor-Collector adopts new 43 TAC §§445.1 - 445.17, concerning the regulation of motor vehicle title services, without changes to the proposed text as published in the October 17, 2025, issue of the Texas Register (50 TexReg 6868). The rules will not be republished.
There were no comments on the proposed new sections submitted to Tammy McRae, Montgomery County Tax Assessor-Collector, or to the office in general.
Statutory Authority. The Montgomery County Tax Assessor-Collector adopts the new sections pursuant to Transportation Code, Chapter 520, Subchapter E, which provides the county tax assessor-collector the authority to adopt rules regarding motor vehicle title services.
This adoption does not affect any other statutes, articles or codes.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 9, 2025.
TRD-202504482
Tammy J. McRae
Montgomery County Tax Assessor-Collector
Montgomery County Tax Assessor-Collector
Effective date: December 29, 2025
Proposal publication date: October 17, 2025
For further information, please call: (936) 538-8124