(a)
Generally.
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:
(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:
a.
The vehicle inspection requirements under Tex. Transp. Code, chapter 548, as evidenced by a current inspection certificate affixed to the vehicle windshield; or
b.
The vehicle emissions inspection and maintenance requirements contained in the public safety commission’s motor vehicle emissions inspection and maintenance program under Tex. Transp. Code, chapter 548, subchapter F, 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.
(b)
Contents of application; fee.
(1)
(2)
An application under subsection (a)(2) of this section must also include an affidavit containing a statement of the facts that make that subsection applicable.
(4)
The application must be accompanied by a fee as provided in the fee schedule, unless the application is made by a unit of government. Fees collected under this subsection shall be deposited to the credit of the state highway fund.
(c)
(d)
Certificate of authority to dispose of vehicle.
(1)
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 subsection (c) of this section was given and the vehicle was not claimed as provided by the notice.
(2)
Without giving the notice required by subsection (c), the department may issue to an applicant under subsection (c)(2) a certificate of authority to dispose of the motor vehicle to a demolisher if the vehicle meets the requirements of subsections (a)(2)(A)(ii) and (iii).
(3)
A motor vehicle demolisher shall accept the certificate of authority in lieu of a certificate of title for the vehicle.
(e)
Rules and forms.
The department may adopt rules and prescribe forms to implement this section.
(1995 Code, secs. 95.63–95.67; Ordinance 424 adopted 6/5/2001; Ordinance adopting Code)