SECTION 87.30. Exemptions

The provisions of this chapter do not apply to:

(1) a person who purchases not more than five nonrepairable or salvage motor vehicles at casual sale in a calendar year from:

(A) a salvage vehicle dealer;

(B) a salvage pool operator at auction; or

(C) an insurance company at auction;

(2) a metal recycler, unless a motor vehicle is sold, transferred, released, or delivered to the metal recycler for the purpose of reuse or resale as a motor vehicle or as a source of used parts, and is used for that purpose;

(3) a person who casually repairs, rebuilds, or reconstructs not more than five salvage motor vehicles in the same calendar year;

(4) a person who is a non-United States resident who purchases nonrepairable or salvage motor vehicles for export only;

(5) an agency of the United States, an agency of this state, or a local government;

(6) a financial institution or other secured party that holds a security interest in a motor vehicle and is selling that motor vehicle in the manner provided by law for the forced sale of a motor vehicle;

(7) a receiver, trustee, administrator, executor, guardian, or other person appointed by or acting pursuant to the order of a court;

(8) a person selling an antique passenger car or truck that is at least 25 years old or a collector selling a special interest motor vehicle as defined in Transportation Code, §683.077, if the special interest vehicle is at least 12 years old;

(9) a licensed auctioneer who, as a bid caller, sells or offers to sell property to the highest bidder at a bona fide auction under the following conditions:

(A) neither legal nor equitable title passes to the auctioneer;

(B) the auction is not held for the purpose of avoiding a provision of Texas Occupations Code, Chapter 2302, or this chapter; and

(C) an auction is conducted of motor vehicles owned, legally or equitably, by a person who holds a salvage vehicle dealer's license and the auction is conducted at a location for which a salvage vehicle dealer's license has been issued to that person or at a location approved by the department under this chapter.

(10) a salvage vehicle dealer, subject to the provisions under Occupations Code §2309.004;

(11) an insurance company; and

(12) a salvage pool.

Source Note: The provisions of this §87.30 adopted to be effective January 11, 2010, 35 TexReg 232; amended to be effective February 15, 2019, 44 TexReg 586