(a) All companies and individuals wishing to conduct title service business in Travis County as governed by Chapter 520 of the Transportation Code under subchapter E (the "Act") must be licensed by the County Tax Assessor-Collector. Runners for a full service deputy that has been approved by the Tax Assessor Collector and the Commissioners Court pursuant to Chapter 217 of the Texas Administrative Code are subject to these rules.
(b) "Title service business" means processing motor vehicle title applications, motor vehicle registration renewal applications, motor vehicle mechanic's lien title applications, motor vehicle storage lien title applications, motor vehicle temporary registration permits, motor vehicle title application transfers occasioned by the death of the title holder, or notifications under Chapter 683 of the Texas Transportation Code or Chapter 70 of the Texas Property Code.
(c) Individuals and companies wishing to complete an application to register as a motor vehicle title service company, or as a runner, must apply at the Travis County Tax Assessor-Collector's Administration location, currently located at 5425 Airport Blvd. Austin, Texas, using the forms provided by the County Tax Assessor-Collector. All applicants must present a valid government-issued photo identification card at the time they apply. Lack of such government-issued identification disqualifies an applicant from being licensed. The minimum age at which a person may apply for a license is 18.
(d) Who Must Apply for a License. There are two categories of licenses that are required to do title service business: the Motor Vehicle Title Service License and the Title Service Runner License.
  (1) An organization that falls into the category of "motor vehicle title service" company must be licensed by the County Tax Assessor-Collector. "Motor vehicle title service" means any person who, for compensation, directly or indirectly assists other persons in obtaining title documents by submitting, transmitting or sending applications for title documents to the appropriate government agencies; and
  (2) A "motor vehicle title service runner" is an employee or licensed agent of a licensed motor vehicle title service company or a runner for a full service deputy. The motor vehicle title service runner has the authority to present motor vehicle title documents to the County Tax Assessor-Collector's office for processing. Runners must be authorized by a motor vehicle title service company or full service deputy and licensed by the County Tax Assessor-Collector. Runners may represent more than one motor vehicle title service company.
(e) General Application Requirements. All individual applicants must provide a current finger-print based criminal history record check from the Texas Department of Public Safety. All applicants must meet the requirements set forth in the Act and any rules and regulations promulgated by the Texas Department of Motor Vehicles.
  (1) Additional Requirements for Motor Vehicle Title Service License.
    (A) Applicants shall also provide a "doing business as" (DBA) certificate, or articles of incorporation; and any additional information requested by the County Tax Assessor-Collector's Office to establish the business reputation and character of the applicant. Applicants must provide a physical address. No license will be issued to a company or individual whose address is a Post Office Box.
    (B) The operator of a motor vehicle title service company will provide the company name, as well as the names of all officers, directors, partners, and individuals who have an ownership interest in that company. The motor vehicle title service company shall assume the responsibility for the accuracy and validity of all documents presented to the County Tax Assessor-Collector under its name.
    (C) All persons with an ownership interest in a motor vehicle title service company are subject to the requirements of the Act and must be individually licensed under its terms and conditions.
    (D) A licensed motor vehicle title service company or full service deputy must authorize all individuals who will submit paperwork on its behalf. Individuals whose names are not on file as agents of a title service company or full service deputy will not be allowed to conduct any title service business on behalf of that company or deputy.
  (2) Additional Requirements for Title Service Runner License.
    (A) Runners must be identified and sponsored by a motor vehicle title service company, or a full service deputy, in order to conduct business on its behalf. Only full service deputies or persons that have been granted a motor vehicle title service license can authorize a runner. The required documents for any runner who is authorized as an agent of a title company must be on file with each service company for which the runner is an authorized agent.
    (B) Runners must fulfill all requirements set forth in the Act and any rules and regulation promulgated by the Texas Department of Motor Vehicles, as well as any additional requirements of the County Tax Assessor-Collector's Office to establish the business reputation and character of the applicant.
    (C) Any unlicensed individual observed conducting frequent motor vehicle title transactions on behalf of others, and who claims not to be receiving any compensation for such activities, shall be required to complete an affidavit stating that he or she is not receiving compensation for conducting motor vehicle title transactions. The affidavit shall be notarized and forwarded to the appropriate enforcement agencies by a deputy of the County Tax Assessor-Collector.
    (D) Licenses for runners of a full service deputy are only valid so long as the full service deputy is authorized to operate as a deputy in Travis County.
  (3) Process for License Approval, Renewal and Reinstatement.
    (A) Applicants for a license shall complete and submit the form(s) approved by the Tax Assessor Collector for the particular license and shall submit the necessary form(s), including all required documentation, to the designated person or location. All information shall be complete and accurate. Knowingly submitting false information in connection with an application may subject the applicant to criminal liability, in addition to suspension or revocation of the applicant's license.
    (B) Applications will be reviewed for compliance and appropriateness for a license by the Tax Assessor Collector's designee ("Designee").
    (C) After submission of a fully completed application, applicants will be contacted by mail, email or phone, typically within ten (10) working days of the recommendation of the Designee regarding the approval, renewal or reinstatement of a license. If all of the required information was not included or if the information was otherwise insufficient to make a determination, the Designee may recommend denial of the license or request additional information at his/her discretion.
    (D) Once an application has been recommended for approval by the Designee, it still must receive final approval by the Tax Assessor Collector to be valid. If approved, the applicant will receive notice and will be instructed to report to the office of the County Tax Assessor-Collector to pick up a Letter of Authorization ("License"). If the application is not approved, the applicant will receive a Notice of Intent to deny the application and may begin the Appeal Process. See Subsection (g) of this section below.
(f) The Review Board.
  (1) The County Tax-Assessor-Collector shall appoint a three-member Review Board to review any appeal of a Notice of Intent to deny, suspend, revoke or reinstate a license. The Review Board shall consist of a deputy or employee from the County Tax Assessor-Collector's office who deals with motor vehicle registration; a member selected from law enforcement, and a community representative who may, but is not required to be active in the motor title service industry. Appointments will last two years and replacements will be selected on a staggered basis.
  (2) The Review Board shall meet as needed at a time and place determined by the County Tax Assessor-Collector.
  (3) A quorum of two members of the Review Board must be present to render a decision. No proxy votes will be allowed.
  (4) The County Tax Assessor-Collector shall appoint a member of the Review Board to chair meetings of the Review Board.
  (5) A majority vote of members present at a meeting of the Review Board shall determine the outcome of matters under consideration.
  (6) All decisions of the Review Board shall be subject to final review by the County Tax Assessor-Collector.
  (7) If a member is absent for three consecutive meetings, the County Tax Assessor-Collector may, in his or her discretion, remove the member and appoint a new member to serve the remainder of the term.
  (8) If a member resigns, the County Tax Assessor-Collector shall appoint a new member to serve the remainder of the term.
(g) The Appeal Process.
Cont'd...
(1) The County Tax Assessor-Collector's Designee will send a letter by registered or certified mail at the address in the holder's application of any intended action to deny an application or to revoke or suspend a holder's License ("Notice of Intent"), stating the facts or conduct alleged to warrant the action.
  (2) A person who receives a Notice of Intent may submit a written request for appeal to the County Tax Assessor-Collector within 20 calendar days from the date of such notice, and must include a written response to the Notice of Intent, including any evidence, in the form of documents or sworn affidavit testimony, that would demonstrate that person's compliance with all applicable Texas statutes, agency regulations, and these Rules. If a request for appeal is not made in a timely manner, the holder's License shall be automatically denied, revoked, or suspended without further notice.
  (3) Upon receipt of a timely request for an appeal, the County Tax Assessor-Collector will request review by the Review Board. All evidence shall be submitted in writing in order to expedite the Appeal Process. The Designee will forward a copy of the application (if applicable), all information received from the applicant or license holder, any other information considered by the Designee and the Tax Assessor-Collector, and a copy of the Notice of Intent to the Review Board as the "Record" to be reviewed.
  (4) The Review Board will review the Record and make a recommendation to the County Tax Assessor-Collector stating whether the Review Board agrees or disagrees with the action taken.
  (5) The Chair of the Review Board may limit or discard evidence that he or she finds is not material or relevant or is unduly repetitious. The Review Board shall review the Record in making any factual decisions that support its recommendation and shall not conduct an independent investigation into the underlying facts. However, the Review Board may request additional information from the applicant or the Designee.
  (6) The Review Board may recommend other disciplinary action than the proposed adverse action.
  (7) The recommendation of the Review Board will be forwarded to the Tax Assessor- Collector for his/her final review and determination. The proposed adverse action will be stayed until such final determination is made.
  (8) Notice of the Tax Assessor-Collector's decision and the disposition of the appeal shall be sent to the license holder by certified or registered mail at the address contained in the holder's application or in the holder's request for an appeal.
(h) License Reinstatement.
  (1) The Review Board will, to the extent possible, examine all license suspensions before the end of the suspension period. The Review Board will make a recommendation to the County Tax Assessor-Collector as to whether the individual or company should have the license reinstated.
  (2) The County Tax Assessor-Collector shall review the Board's recommendation and render a final decision.
  (3) A person whose license has been revoked may not apply for reinstatement or a new license before the first anniversary of the date of revocation.
(i) Factors Considered for Denial, Suspension, or Revocation of Application for License, and for Renewal or Reinstatement of a License.
  (1) The County Tax Assessor-Collector or his/her Designee has the authority to review any complaints regarding a Motor Vehicle Title Service Company or Motor Vehicle Title Runner licensed by the Tax Assessor-Collector. Complaints should be submitted in writing to the County Tax Assessor-Collector's Office and include supporting factual information and/or documentation.
  (2) A license is not valid until an application receives final approval by the Tax Assessor-Collector. Under Section 520.059 of the Act, the County Tax Assessor-Collector may deny, suspend, revoke or reinstate a license at his or her discretion. Grounds to disqualify an individual from being licensed under these Rules may include, but are not limited to, the following:
    (A) Failure to meet all of the license requirements set forth in the Act and any rules and regulations promulgated by the Texas Department of Motor Vehicles and/or Texas Department of Transportation, or failure to provide information requested by the County Tax Assessor-Collector.
    (B) Submitting incomplete, false or misleading information on the application form or any supporting documents.
    (C) Conviction or deferred adjudication of a felony;
    (D) Conviction or deferred adjudication of a crime of moral turpitude for which the completion date of the applicant's sentence is less than five years from the date of the application.
    (E) Any criminal history or other information that would call into question the business reputation or character of the applicant in the Tax Assessor-Collector's discretion.
    (F) Any violation of the Act, these Rules, or the administrative procedures promulgated by the County Tax Assessor-Collector, the Texas Department of Motor Vehicles or the Texas Department of Transportation, including, but not limited to:
      (i) Failure to maintain records under Section 520.057 of the Transportation Code; or
      (ii) Failure to permit inspection of records as required by Section 520.028 of the Transportation Code.
    (G) Previous suspensions or revocations of the applicant's Motor Vehicle Title Service License or Title Service Runner License by any County Tax Assessor-Collector's office.
    (H) Previous offenses under Section 520.061 of the Act, failure to timely pay any fines or penalties for such offenses, or previous injunctions under Section 520.062 of the Act.
    (I) Submitting vehicle document packets that are found to contain false information and the false information is determined to have been knowingly or intentionally submitted by the license holder.
    (J) A Title Service Runner is subject to License suspension or revocation if the Runner presented a title packet to the County Tax Assessor-Collector that was not authorized by a full service deputy or licensed Motor Vehicle Title Service company; altered or forged the original paperwork prepared for and signed by the full service deputy or Motor Vehicle Title Service company; or presented documents bearing an unauthorized signature.
    (K) The County Tax Assessor-Collector has the right to summarily revoke any license upon notification of the license holder's conviction or deferred adjudication of a felony, a crime of moral turpitude, or an offense under Section 520.061 of the Act.
    (L) The County Tax Assessor-Collector may suspend or revoke a Motor Vehicle Title Service Company's License for acts in violation of these rules or other law committed by a Title Service Runner employed or contracted by such company, if the County Tax Assessor-Collector also suspends or revokes the license of the at-fault Title Service Runner.
    (M) The County Tax Assessor-Collector may take disciplinary action appropriate to the circumstances. For example and without limitation, a 90-day suspension, a 180-day suspension, or revocation.
(j) Annual Renewal; Fees. Licenses must be renewed annually and will automatically expire on the anniversary of the date of issuance. Applicants for renewal or reinstatement must meet all original requirements. Non-refundable annual fees for licenses shall be as follows:
  (1) The fee for a Motor Vehicle Title Service Company License shall be $350.00 for the first year and $300.00 per year each year thereafter.
  (2) The annual fee for a Title Service Runner License shall be $170.00 for the first year and $150.00 per year each year thereafter.
  (3) The fee for replacing a lost license shall be $10.00.
  (4) If a previously licensed applicant's license has been expired for 90 days or less, the applicant must pay 1.5 times the renewal fee set forth above. If a license has been expired for more than 90 days but less than one year, the applicant must pay 2 times the renewal fee set forth above. If any license has been expired for more than a year, it may not be renewed; the applicant must obtain a new license.
  (5) If a person was licensed, but moved to another state, and has been doing business in the other state for the two years preceding the application, that person may renew an expired license and must pay 2 times the renewal fee set forth above.
(k) Policies for Conducting Transactions.
  (1) A valid copy of the current License issued by the Tax Assessor-Collector must be presented to the County Tax Assessor-Collector at the time of each transaction. A Tax Assessor-Collector vehicle transaction form must accompany all motor vehicle title service transactions. The motor vehicle title service company officer or operator shall print and sign his or her name in the space provided, and fill in his or her company authorization number in the space provided.
Cont'd...
(2) The individual preparing the document will print and sign his or her name in the space provided. That person will also fill in the identifier from his or her Texas driver's license number or valid government-issued photo identification. Photo identification must be available for each transaction.
  (3) All runners processing documents at the office of the County Tax Assessor- Collector shall print and sign their names in the spaces provided. Runners shall also fill in their County Tax Assessor-Collector authorization number in the appropriate block.
  (4) In the space labeled Description of Vehicles, the title service company must list and identify all transactions as transfer of ownership, renewal or replacement of license plates or registration sticker. Each vehicle make, model, year and vehicle identification number must be printed legibly. Only the vehicles authorized by a licensed motor vehicle title service company can be included on the form. The motor vehicle title service company is responsible for the accuracy and validity of the information for each vehicle listed. Only vehicles authorized and listed by the licensed motor vehicle title service company will be processed.
  (5) After the final vehicle transaction on each transaction form is completed, a copy of the transaction form will be made and given to the runner.
(l) Record Keeping. Under Sections 520.057 & 520.058 of the Act, all Title Companies must adhere to record keeping and record availability standards.
(m) Amendment Process. The County Tax Assessor-Collector reserves the right to amend these rules as deemed necessary.

Source Note: The provisions of this §425.1 adopted to be effective February 14, 2019, 44 TexReg 590