(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Appraisal--A written statement independently and impartially prepared by a qualified appraiser employing generally accepted appraisal methods and techniques, in a narrative format or on a form chosen by the appraiser, setting forth an opinion as to the current fair market value of an adequately described motor vehicle and any accessories or equipment that may be affixed to the motor vehicle. The appraisal must be sufficiently descriptive to enable a third party to readily ascertain the estimated value of the vehicle and the rationale for that estimate.
  (2) Book value--The value, in dollars and cents, of a motor vehicle on the owner's books and records at the time the vehicle is transferred based on General Accepted Accounting Principles (GAAP).
  (3) Child--The biological son or daughter of a parent or parents; or the son or daughter of a parent or parents by virtue of legal adoption; or the son or daughter of a parent who, pursuant to Family Code, Chapter 160, is presumed to be a biological parent, has executed an acknowledgment of parenthood or has been adjudicated to be a biological parent by court decree. The term "child" includes a child in the care of a foster parent as that term is defined in this subsection and the spouse of a child as herein defined.
  (4) Community property--All property, both real and personal other than separate property, acquired by the husband or wife during marriage. All property acquired during a marriage by either spouse is presumed to be community property.
  (5) Common-law marriage--An informal marriage where a man and woman have agreed to be husband and wife, are presently living together in Texas as husband and wife, and who hold themselves out to the public in Texas as being husband and wife. Every marriage entered into in Texas is presumed to be valid unless expressly void by statute.
  (6) Consideration--The amount paid or to be paid for a motor vehicle, valued in money, as prescribed in Tax Code, §152.002, or anything of monetary value including but not limited to cash or the equivalent, a book entry reflecting cash received or paid, the forgiveness or assumption of debt, book entries reflecting accounts receivable or accounts payable for an item, or issuance of stock when stock ownership in the subsidiary is less than 100%. Consideration does not include any amount equal to less than 10% of a motor vehicles current appraised fair market value at the time of transfer.
  (7) Dealer--A person who holds a license to sell motor vehicles issued pursuant to Transportation Code, Chapter 503, Subchapter B, or under similar regulatory requirements of another state. The term "dealer" includes a dealer that holds a franchised dealer's license issued pursuant to Occupation Code, Chapter 2301, for a particular make of new motor vehicle, an independent dealer licensed to sell motor vehicles other than new motor vehicles, a wholesale motor vehicle dealer, an independent mobility motor vehicle dealer, a wholesale auction dealer, a motorcycle dealer, a trailer or semitrailer dealer, including house or travel trailers, an independent mobility dealer, or any other dealer as provided by Transportation Code, Chapter 503, Subchapter B. The term "dealer" does not include a drive away operator or a salvage vehicle dealer licensed pursuant to Occupation Code, Chapter 2302.
  (8) Decedent's estate--The real and personal property of a deceased person subject to distribution by will or the laws of descent and distribution. The term includes property held in joint tenancy or joint ownership with a right of survivorship.
  (9) Foster parent--A person who under the authority of a governmental agency, or a private adoption or foster care agency provides foster or substitute care as defined in Tax Code, §700.1301, for a child who is currently under the care of said foster parent in their home.
  (10) Grandchild--The child of one's son or daughter by birth or legal adoption. The term "grandchild" includes a step-grandchild and the spouse of a grandchild as herein defined.
  (11) Grandparent--The father or mother of a child's parent or parents either by birth or legal adoption. The term "grandparent" includes a step-grandparent and the spouse of a grandparent as herein defined.
  (12) Guardian--A person appointed by a court to have the legal authority over and care of the real and personal property or the person of a minor or a incapacitated person as evidenced by a certificate of guardianship or letters of guardianship. The term "guardian" includes a general, limited, temporary or successor guardian, a guardian of a local, county or regional guardianship program, or a certified public guardian or certified private professional guardian in the business of providing guardianship services. The term "guardian" does not include a guardian ad litem appointed to represent an incapacitated person in a guardianship proceeding.
  (13) Motor vehicle--A self-propelled vehicle designed to transport persons or property upon the public highways and a vehicle designed to be towed by a self-propelled vehicle while carrying property. The term "motor vehicle" includes, but is not limited to, automobiles, motor homes, motorcycles, trucks, truck tractors, trailers, semitrailers, house or travel trailers, trailers sold unassembled in a kit, dollies, jeeps, stingers, auxiliary axles, converter gears, and truck cab/chassis. A unit that meets the definition of a "motor vehicle" does not lose its identity as a motor vehicle if tangible personal property is added to the vehicle allowing the unit to perform a specialized function but prohibiting the vehicle from transporting separate property or persons other than the driver. An example of such a vehicle would be a truck cab/chassis upon which oil well servicing equipment is attached.
  (14) Parent--The biological mother or father of a child, or the mother or father of a child by virtue of legal adoption, or a person who, pursuant to Family Code, Chapter 160, is presumed to be a biological parent or has executed an acknowledgment of parenthood or has been adjudicated to be the biological parent by court decree. The term "parent" includes foster parent as that term is defined in this subsection and the spouse of a parent as herein defined.
  (15) Separate property--Any property, both real and personal, owned by a spouse before marriage, or acquired during the marriage by gift, devise, or descent.
  (16) Sibling--One of two or more individuals having one common parent by birth, legal adoption or marriage. The term includes brother, sister, half-brother, half-sister, step-brother or step-sister, brother in-law or sister in-law.
  (17) Spouse--A person to whom one is legally married as husband or wife either by formal ceremony or by common-law pursuant to Family Code, Title 1, Subtitle A, or a comparable law of another jurisdiction.
  (18) Standard presumptive value--The taxable value of a private-party transfer of ownership to a motor vehicle, as determined by §3.79 of this title (relating to Standard Presumptive Value).
  (19) Stepchild--The biological or adopted child of one's current spouse from a previous marriage whose parent-child relationship is through marriage only and not by birth or adoption.
  (20) Stepparent--The current spouse of a child's mother or father whose only relationship to the child is through marriage and not by birth or adoption.
(b) Transfer of a motor vehicle as a gift. Effective September 1, 2009, a $10 gift tax is imposed on the recipient of a joint or undivided ownership interest in a motor vehicle for no consideration as follows:
  (1) The transfer of a motor vehicle to a recipient from a parent, step-parent, grandparent, step-grandparent, child, stepchild, grandchild, step-grandchild, foster parent, sibling, or guardian.
  (2) The transfer of a motor vehicle from a spouse when the vehicle is the separate property of the spouse, such as a motor vehicle owned by a spouse prior to marriage. A motor vehicle acquired by a spouse after marriage is presumed to be community property and not subject to either gift tax or motor vehicle sales and use tax when title is transferred between husband and wife.
  (3) The transfer of a motor vehicle from a decedent's estate to the lawful devisees or heirs by will or by the laws of descent and distribution, including a motor vehicle transferred to:
    (A) the surviving owner or owners of a motor vehicle owned jointly by two or more parties when there is a right of survivorship agreement signed by the joint owners on file with the Department of Motor Vehicles pursuant to Transportation Code, §501.031; or
    (B) the representative of the decedent by the trustee of a trust which terminates upon the decedent's death.
  (4) The transfer of a motor vehicle from or to a nonprofit organization that:
Cont'd...