(a) Definitions.

(1) "Motor vehicle" has the meaning assigned by Texas Transportation Code §501.002(14).

(2) "Motor vehicle title service" means any person or entity that 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.

(3) "Title documents" means 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, Texas Transportation Code or Chapter 70, Texas Property Code.

(4) "Title service license holder" means a person who holds a motor vehicle title service license or a title service runner's license. A title service license holder is legally responsible for each title service runner it employs or contracts.

(5) "Title service record" means the written record for each transaction in which a motor vehicle title service receives compensation.

(6) "Title service runner" means any person employed by a licensed motor vehicle title service license holder to submit or present title documents to the county tax assessor-collector.

(b) License Required.

(1) A person may not act as a motor vehicle title service or act as an agent for that business (which includes a title service runner) in El Paso County unless that person holds a license issued by the El Paso County Tax Assessor-Collector.

(2) A person commits an offense if the person violates a provision of Title 7, Subtitle A, Chapter 520, Subchapter C of the Texas Transportation Code or a rule adopted by the El Paso County Tax Assessor-Collector under Subchapter E, §§520.051 - 520.063 of the Texas Transportation Code. Such an offense is a Class A misdemeanor.

(3) Any unlicensed individual observed conducting motor vehicle transactions on behalf of others in El Paso County and who claims to be doing so without compensation shall complete an affidavit stating that the individual is not receiving compensation for the transaction. This affidavit shall be notarized and will be forwarded to the Enforcement Division of the El Paso County Tax Assessor-Collector.

(c) License Fees.

(1) License fees must be remitted when the application is submitted and are non-refundable. License fees are payable only by certified bank check or money order unless the Tax Assessor-Collector agrees, in writing, to accept cash.

(2) The fee for a motor vehicle title service license shall be $200 for the initial application and $200 for each annual renewal.

(3) The fee for a title service runner license shall be $50 for the initial application and $50 for each annual renewal.

(4) The fee for replacement of a lost title service license or title runner license shall be $10 for the first occurrence; $20 for the second occurrence; and $50 for each occurrence thereafter.

(d) General License Application Requirements.

(1) Applications may only be made at the El Paso County Tax Office, Tax Office Enforcement Division, at the address published on the El Paso County Tax Assessor-Collector's website at: http://www.epcounty.com/taxoffice/.

(2) Applicants must submit to a criminal background check in conformance with reasonable policies adopted by the Tax Assessor-Collector.

(3) An applicant for a motor vehicle title service license must complete all forms required by the El Paso County Tax Assessor-Collector. The applicant must sign the application form and pay the license fee.

(4) All applicants must present government issued picture identification at the time of application. Lack of valid, government issued picture identification shall disqualify an applicant from being licensed in El Paso County.

(5) An applicant must be at least 18 years of age on the date the application is submitted to apply for a license in El Paso County.

(6) A motor vehicle title service shall assume the responsibility for the accuracy and validity of all documents presented to the El Paso County Tax Assessor-Collector under its name.

(7) An application must include: (A) the applicant's name, business address, and business telephone number; (B) the name under which the applicant will do business; (C) the physical address of each office from which the applicant will conduct business (a P.O. Box will not be accepted) and a corresponding photo of each building where business is being conducted; (D) the name of all individuals who have an ownership interest in the applicant motor vehicle title service company; (E) a statement indicating whether the applicant has previously applied for a license under this section, the result of the previous application, and whether the applicant has ever been the holder of a license under this section that was revoked or suspended; (F) the applicant's federal tax identification number; (G) the applicant's state sales tax number; and (H) if applicable, motor vehicle license information for each individual who has an ownership interest in the applicant's motor vehicle title service company.

(8) Title service runners must be identified and sponsored by a motor vehicle title service company in order to conduct business on the motor vehicle title service's behalf. The required documents for any runner must be on file with each service company for which the runner is an authorized agent. Individuals whose names are not on file with the Tax Assessor-Collector as a title service runner acting on behalf of a motor vehicle title service will not be allowed to conduct business in El Paso County on behalf of that motor vehicle title service.

(9) Applicants will be notified of the outcome of an application within 30 days of the application being submitted to the El Paso County Tax Assessor-Collector. This notification will be mailed to the business address listed on the application.

(10) All licenses are issued for a one year period and must be renewed each year thereafter. A renewal application has the same requirements as a new application.

(11) A license may not be issued under a name that is fictitious; a name that is similar to or may be confused with the name of a governmental entity; or a name that is deceptive or misleading to the public.

(e) Application Requirements: Corporation. In addition to the information required in subsection (d) of this section concerning General License Application Requirements, an applicant for a motor vehicle title service license that intends to engage in business as a corporation shall submit the following information:

(1) the state of incorporation (if any);

(2) a "doing business as" (DBA) certificate or articles of incorporation;

(3) the name, address, date of birth, and social security number of each of the principal owners and directors of the corporation;

(4) information about each officer and director as requested by the El Paso County Tax Assessor-Collector to establish the business reputation and character of the applicant; and

(5) a statement indicating whether an employee, officer, or director has been refused a motor vehicle title service license or a title service runner's license or has been the holder of a license that was revoked or suspended in any Texas county.

(f) Application Requirements: Partnership. In addition to the information required in subsection (d) of this section concerning General License Application Requirements, a motor vehicle title service license applicant that intends to engage in business as a partnership shall submit an application that includes the following information:

(1) the name, address, date of birth, and social security number of each partner;

(2) information about each partner as requested by the El Paso County Tax Assessor-Collector to establish the business reputation and character of the applicant; and

(3) a statement indicating whether a partner or employee has been refused a motor vehicle title service license or a title service runner's license or has been the holder of a license that was revoked or suspended in any Texas county.

(g) Denial, Suspension, or Revocation of License.

(1) Grounds for the denial, suspension, revocation, or denial of reinstatement of a title service license or title service runner license in El Paso County include: (A) having been found to have submitted a vehicle packet, or other document, to the El Paso County Tax Assessor-Collector's office which contains false information, and the El Paso County Tax Assessor-Collector determines that the false information was intentionally submitted by the motor vehicle title service license holder or title service runner; (B) having been convicted of any felony, any crime of moral turpitude, or deceptive business practice for which the completion date of the applicant's sentence is fewer than five years from the date of applying for a motor vehicle title service license; (C) having been criminally or civilly sanctioned for the unauthorized practice of law by any government or quasi-government body with jurisdiction to do so; (D) having been found in violation of the administrative procedures required by the Texas Department of Transportation; (E) in the event the Tax Assessor-Collector determines a title service license holder has delinquent Class C misdemeanor fines, the licensee shall have thirty calendar (30) days from the date of deposit of written notice into the U.S. Postal Service to pay or otherwise resolve the fines. If the fines remain unresolved after thirty calendar (30) days, the Tax Assessor-Collector may, in his discretion, deny, suspend, refuse to renew, or revoke, as provided in this section, the license of that title service license holder; (F) a title service runner license may be revoked or suspended if the title service runner has presented a title packet to the El Paso County Tax Assessor-Collector that was not authorized by a licensed motor vehicle title service or if the title service runner altered or forged the original paperwork prepared for and signed by the motor vehicle title service; (G) failure to maintain records required by §520.057 of the Texas Transportation Code or this section; (H) behavior that causes disruption or creates a security concern to any tax office location or contracted office location, as determined by the Tax Assessor-Collector or designee, in his discretion; (I) involvement in the issuance of fraudulent liability insurance while holding an El Paso County title service license, as determined by the Tax Assessor-Collector or designee, in his discretion; and (J) all factual determinations under this section shall be made by the Tax Assessor-Collector, in his discretion, by a preponderance of the evidence standard.

(2) If the El Paso County Tax Assessor-Collector makes a determination that a person's license hereunder should be denied, cancelled, suspended, or revoked, then the Tax Assessor-Collector shall send notice of the action to the person, by first class mail, stating the facts or conduct alleged to warrant the action.

(3) Upon a determination of violation of this section, the El Paso County Tax Assessor-Collector may order the violator's license suspended for up to one (1) year for the first offense. The Tax Assessor-Collector, in his discretion, may order an additional suspension for up to one year or the revocation of the holder's license for the second offense. A license may be revoked upon a third offense.

(4) A person whose license is revoked may not apply for a new license before the first anniversary of the date of the revocation. A person whose license has been revoked must apply for a new license under this section.

(5) The Tax Assessor-Collector may discipline a title service license holder for acts in violation of these regulations or other law committed by a title service runner employed or contracted by the title service license holder. Such discipline may include suspension or revocation of the title service license holder's license if the Tax Assessor-Collector also suspends or revokes the license of the at-fault title service runner.

(h) Appeals.

(1) The El Paso County Tax Assessor-Collector shall appoint a five member Review Board to review any appeal of an action to refuse, cancel, suspend, revoke, or reinstate a license under this section. The Review Board shall consist of one member of the County Attorney's office, one member of the District Attorney's office, the Tax Assessor-Collector's Motor Vehicle Director, and two law enforcement officers.

Cont'd...