(a) With a non-repairable or salvage motor vehicle title. The ownership of a motor vehicle for which a non-repairable vehicle title, non-repairable record of title, salvage vehicle title, salvage record of title, or a comparable out-of-state ownership document has been issued, including a motor vehicle that has a "Flood Damage" notation on the title, may be sold, transferred, or released to anyone.
(b) Without a non-repairable or salvage motor vehicle title. If a non-repairable vehicle title, non-repairable record of title, salvage vehicle title, salvage record of title, or a comparable out-of-state ownership document has not been issued for a non-repairable or salvage motor vehicle, only a salvage vehicle dealer, used automotive parts recycler, metal recycler, insurance company, or governmental entity may sell, transfer, or otherwise release ownership of the motor vehicle. Such person may only sell, transfer, or otherwise release ownership of a motor vehicle to which this subsection applies to:
  (1) a salvage vehicle dealer;
  (2) a used automotive parts recycler;
  (3) a metal recycler;
  (4) a governmental entity; or
  (5) an insurance company.
(c) Sale of self-insured non-repairable or salvage motor vehicle. The owner of a self-insured non-repairable or salvage motor vehicle that has been damaged and removed from normal operation shall obtain a non-repairable or salvage vehicle title before selling or otherwise transferring ownership of the motor vehicle.
(d) Casual sales. A salvage vehicle dealer, salvage pool operator, or insurance company may sell up to five non-repairable or salvage motor vehicles, for which non-repairable or salvage vehicle titles have been issued, to a person in a casual sale during a calendar year.
(e) Records of casual sales.
  (1) A salvage vehicle dealer, salvage pool operator, or insurance company must maintain records of each casual sale made during the previous 36 months, in accordance with Transportation Code, §501.108, that at a minimum contain:
    (A) the date of sale;
    (B) the sales price;
    (C) the name and address of the purchaser;
    (D) a legible photocopy of the purchaser's government-issued photo identification;
    (E) the form of identification provided, the identification document number, and the name of the jurisdiction that issued the identification document;
    (F) the description of the motor vehicle, including the vehicle identification number, model year, make, body style, and model;
    (G) a photocopy of the front and back of the properly assigned ownership document provided to the purchaser; and
    (H) the purchaser's certification, on a form provided by the department, that the purchase of motor vehicles in a casual sale is not intended to circumvent the provisions of Transportation Code, Chapter 501 (relating to Certificates of Title) and Occupations Code, Chapter 2302 (relating to Salvage Vehicle Dealers).
  (2) Records may be maintained on a form provided by the department or in an electronic format.
  (3) Records must be maintained on the business premises of the seller, and shall be made available for inspection upon request.
(f) Export-only sales.
  (1) In accordance with Transportation Code, §501.099, only a licensed salvage vehicle dealer, including a salvage pool operator acting as agent for an insurance company, or governmental entity may sell a non-repairable or salvage motor vehicle to a person who resides outside the United States, and only:
    (A) when a non-repairable or salvage vehicle title has been issued for the motor vehicle prior to offering it for export-only sale; and
    (B) prior to the sale, the seller obtains a legible photocopy of a government-issued photo identification of the purchaser that can be verified by law enforcement, issued by the jurisdiction in which the purchaser resides that may consist of:
      (i) a passport;
      (ii) a driver's license;
      (iii) consular identity document;
      (iv) national identification certificate or identity document; or
      (v) other government-issued identification that includes the name of the jurisdiction issuing the document, the purchaser's full name, foreign address, date of birth, photograph, and signature.
  (2) The seller must obtain the purchaser's certification, on a form prescribed by the department, that the purchaser will remove the motor vehicle from the United States and will not return the motor vehicle to any state of the United States as a motor vehicle titled or registered under its manufacturer's vehicle identification number.
  (3) The seller must provide the buyer with a properly assigned non-repairable or salvage vehicle title.
  (4) The seller must stamp FOR EXPORT ONLY and the seller's salvage vehicle dealer license number or the governmental entity's name, whichever applies, on the face of the title and on any unused reassignments on the back of the title.
(g) Records of export-only sales.
  (1) A salvage vehicle dealer or governmental entity that sells a non-repairable or salvage motor vehicle for export-only must maintain records of all export-only sales.
  (2) Records of each sale must include:
    (A) a legible copy of the stamped and properly assigned non-repairable or salvage vehicle title;
    (B) the buyer's certified statement required by subsection (f)(2) of this section;
    (C) a legible copy of the buyer's photo identification document;
    (D) a legible copy of any other documents related to the sale of the motor vehicle; and
    (E) a listing of each motor vehicle sold for export-only that states the:
      (i) date of sale;
      (ii) name and address of the seller;
      (iii) name and address of the purchaser;
      (iv) purchaser's identification document number;
      (v) name of the country that issued the identification document;
      (vi) the form of identification provided by the purchaser; and
      (vii) description of the motor vehicle that includes the year, make, model, and vehicle identification number of the motor vehicle.
  (3) The listing required by paragraph (2)(E) of this subsection must be maintained either on a form provided by the department or in an electronic format approved by the department.
  (4) The salvage vehicle dealer or governmental entity shall submit the listing prescribed by paragraph (2)(E) of this subsection to the department within 30 days from the date of sale.
  (5) Upon receipt of the listing prescribed by paragraph (2)(E) of this subsection, the department will place an appropriate notation on the motor vehicle record to identify it as a motor vehicle sold for export-only that may not be operated, retitled, or registered in this state.

Source Note: The provisions of this §217.88 adopted to be effective March 12, 2015, 40 TexReg 1096; amended to be effective August 8, 2016, 41 TexReg 5766