(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:
(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:
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) 
An application under subsection (a) of this section must:
(A) 
Contain the name and address of the applicant;
(B) 
State the year, make, model, and vehicle identification number of the vehicle, if ascertainable, and any other identifying feature of the vehicle; and
(C) 
Include:
(i) 
A concise statement of facts about the abandonment;
(ii) 
A statement that the certificate of title is lost or destroyed; or
(iii) 
A statement of the reasons for the defect in the owner’s certificate of title for the vehicle.
(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.
(3) 
The applicant shall make an affidavit stating that:
(A) 
The facts stated in the application are true; and
(B) 
No material fact has been withheld.
(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) 
Department to provide notice.
Except as provided by subsection (d)(2) of this section, the department shall give notice as provided by section 8.04.032 if it determines that an application under subsection (a) of this section 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.
(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)
(a) 
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 division 2 of this article or division 5 of this article; or
(4) 
A certificate of authority for the disposal of the motor vehicle.
(b) 
A demolisher is not required to obtain a certificate of title for the vehicle in the demolisher’s name.
(c) 
On the department’s demand, the demolisher shall surrender for cancellation the certificate of title or certificate of authority.
(d) 
The department shall adopt rules and forms necessary to regulate the surrender of auction sales receipts and certificates of title.
(1995 Code, sec. 95.68; Ordinance 424 adopted 6/5/2001)
(a) 
Records required.
A motor vehicle demolisher shall keep a record of a motor vehicle that is acquired in the course of business.
(b) 
Contents.
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) 
Preservation of records.
The demolisher shall keep the record until the first anniversary of the date of acquisition of the vehicle.
(d) 
Inspection.
The record shall be open to inspection by the department or any law enforcement agency at any time during normal business hours.
(e) 
Violations.
A motor vehicle demolisher commits an offense if the demolisher fails to keep a record as provided by this section.
(f) 
Penalty.
An offense under subsection (e) is a misdemeanor punishable by:
(1) 
A fine of not less than $100.00 or more than $1,000.00;
(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.
(1995 Code, sec. 95.69; Ordinance 424 adopted 6/5/2001)