The department must issue a new title for certain vehicles when ownership changes by operation of law, and may issue a new title in specified foreclosure situations.
Sec. 501.074. TRANSFER OF VEHICLE BY OPERATION OF LAW. (a) The department shall issue a new title for a motor vehicle registered in this state for which the ownership is transferred by operation of law or other involuntary divestiture of ownership after receiving: (1) a certified copy of an order appointing a temporary administrator or of the probate proceedings; (2) letters testamentary or letters of administration; (3) if administration of an estate is not necessary, an affidavit showing that administration is not necessary, identifying all heirs, and including a statement by the heirs of the name in which the certificate shall be issued; (4) a court order; or (5) the bill of sale from an officer making a judicial sale. (b) If a lien is foreclosed by nonjudicial means, the department may issue a new title in the name of the purchaser at the foreclosure sale on receiving the affidavit of the lienholder of the fact of the nonjudicial foreclosure. (c) If a constitutional or statutory lien is foreclosed, the department may issue a new title in the name of the purchaser at the foreclosure sale on receiving: (1) the affidavit of the lienholder of the fact of the creation of the lien and of the divestiture of title according to law; and (2) proof of notice as required by Sections 70.004 and 70.006, Property Code, or by Section 59.0445, Property Code. (d) Notwithstanding the terms of Section 501.005, in the event of a conflict between this section and other law, this section controls. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.41, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 76, Sec. 2, eff. May 14, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 405 (S.B. 690), Sec. 8, eff. January 1, 2012. Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 34, eff. January 1, 2012.