Sec. 501.109. OFFENSES. (a) A person commits an offense if the person:
(1) applies to the department for a title for a motor vehicle; and
(2) knows or reasonably should know that:
(A) the vehicle is a nonrepairable motor vehicle that has been repaired, rebuilt, or reconstructed;
(B) the vehicle identification number assigned to the motor vehicle belongs to a nonrepairable motor vehicle that has been repaired, rebuilt, or reconstructed;
(C) the title issued to the motor vehicle belongs to a nonrepairable motor vehicle that has been repaired, rebuilt, or reconstructed;
(D) the vehicle identification number assigned to the motor vehicle belongs to an export-only motor vehicle;
(E) the motor vehicle is an export-only motor vehicle; or
(F) the motor vehicle is a nonrepairable motor vehicle or salvage motor vehicle for which a nonrepairable vehicle title, salvage vehicle title, or comparable ownership document issued by another state or jurisdiction has not been issued.
(b) A person commits an offense if the person knowingly sells, transfers, or releases a salvage motor vehicle in violation of this subchapter.
(c) A person commits an offense if the person knowingly fails or refuses to surrender a regular certificate of title after the person:
(1) receives a notice from an insurance company that the motor vehicle is a nonrepairable or salvage motor vehicle; or
(2) knows the vehicle has become a nonrepairable motor vehicle or salvage motor vehicle under Section 501.1001.
(d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(e) If it is shown on the trial of an offense under this section that the defendant has been previously convicted of:
(1) one offense under this section, the offense is a Class B misdemeanor; or
(2) two or more offenses under this section, the offense is a state jail felony.
(f) Subsection (c) does not apply to an applicant for a title under Sections 501.0925 and 501.0935.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1136 (H.B. 1422), Sec. 5, eff. September 1, 2011.
Redesignated and amended from Transportation Code, Section 501.102 by Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 49, eff. January 1, 2012.
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