Sec. 501.031. RIGHTS OF SURVIVORSHIP AGREEMENT. (a) The department shall include on each title an optional rights of survivorship agreement that:
(1) provides that if the agreement is between two or more eligible persons, the motor vehicle will be owned by the surviving owners when one or more of the owners die; and
(2) provides for the acknowledgment by signature, either electronically or by hand, of the persons.
(b) If the vehicle is registered in the name of one or more of the persons who acknowledged the agreement, the title may contain a:
(1) rights of survivorship agreement acknowledged by all the persons; or
(2) remark if a rights of survivorship agreement is on file with the department.
(c) Ownership of the vehicle may be transferred only:
(1) by all the persons acting jointly, if all the persons are alive; or
(2) on the death of one of the persons, by the surviving person or persons by transferring ownership of the vehicle, in the manner otherwise required by law, with a copy of the death certificate of the deceased person.
(d) A rights of survivorship agreement under this section may be revoked only if the persons named in the agreement file a joint application for a new title in the name of the person or persons designated in the application.
(e) A person is eligible to file a rights of survivorship agreement under this section if the person:
(1) is married and the spouse of the person is the only other party to the agreement;
(2) is unmarried and attests to that unmarried status by affidavit; or
(3) is married and provides the department with an affidavit from the person's spouse that attests that the person's interest in the vehicle is the person's separate property.
(f) The department may develop an optional electronic rights of survivorship agreement for public use.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.39(a), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 17.05, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 241, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 20, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 46, eff. September 1, 2013.
Structure Texas Statutes
Title 7 - Vehicles and Traffic
Subtitle A - Certificates of Title and Registration of Vehicles
Chapter 501 - Certificate of Title Act
Subchapter B. Certificate of Title Requirements
Section 501.021. Title for Motor Vehicle
Section 501.022. Motor Vehicle Title Required
Section 501.023. Application for Title
Section 501.0234. Duty of Vehicle Dealer on Sale of Certain Vehicles
Section 501.0235. Personal Identification Information for Obtaining Title
Section 501.0236. Issuance of Title and Permits When Dealer Goes Out of Business
Section 501.024. Title Receipt
Section 501.025. Manufacturer's Certificate Required on First Sale
Section 501.027. Issuance of Title
Section 501.0275. Issuance of Title for Unregistered Vehicle
Section 501.029. Acceptable Proof of Ownership
Section 501.030. Motor Vehicles Brought Into State
Section 501.0301. Certain Off-Highway Vehicles Purchased Outside This State
Section 501.031. Rights of Survivorship Agreement
Section 501.0315. Beneficiary Designation
Section 501.032. Identification Number Inspection Required
Section 501.0321. Identification Number Inspection
Section 501.0322. Alternative Identification Number Inspection
Section 501.033. Assignment and Reassignment of Identification Number by Department
Section 501.0331. Motor Number Required for Registration
Section 501.0332. Application for Motor Number Record
Section 501.034. Issuance of Title to Government Agency
Section 501.0341. Issuance of Title to Government Agency for Travel Trailer
Section 501.035. Title for Former Military Vehicle
Section 501.036. Title for Farm Trailer or Farm Semitrailer
Section 501.037. Title for Trailers or Semitrailers
Section 501.038. Certificate of Title for Custom Vehicle or Street Rod