Other required records.
Houston Code of Ordinances § 8-26
in effectSec. 8-26. - Other required records.
(a) Every person who, as dealer, makes any sale, purchase, transfer or exchange of a new or used motor vehicle, or a new or used motor vehicle trailer in the city shall keep a permanent record of any and all transfers and assignments made by such person, or chattel mortgages, liens or notes covered or secured by a lien upon such motor vehicles or motor vehicle trailers. The record shall include the following information:
(1) The name and address of each transferee; and
(2) A description of the mortgage, lien or note transferred and of the property affected thereby, including the motor number, model and license number of the motor vehicle or trailer therein involved.
(b) Every licensee under this article who repossesses any motor vehicle or trailer or forecloses any lien or mortgage upon any motor vehicle shall keep a record of each repossession or foreclosure. The record shall include the following information:
(1) The name of the mortgagor or lienholder;
(2) The total amount of indebtedness, including principal, interest and other items, if any, stated separately;
(3) The date and manner of foreclosure, whether by suit or private sale; and
(4) The description of the property repossessed or foreclosed upon, including the motor number, model and license number of the motor vehicle or trailer involved, and the name and address of the purchaser.
(c) Each person to whom a license is issued under this article to deal in secondhand or used motor vehicle parts or accessories shall keep at all times in the licensee's place of business a record of secondhand and used motor vehicle accessories and parts except tires, purchased by the licensee or deposited for any purpose with such licensee, and of each motor vehicle or motor vehicle trailer purchased or received by such person for the purpose of rebuilding or dismantling the same.
With respect to accessories and parts, the record shall include any item that constitutes a "major component part" as defined in section 501.091 of the Texas Transportation Code, or a "component part," "interior component part," "minor component part," and "special accessory part" as those terms are defined in section 2302.251 of the Texas Occupations Code. Additionally, the record shall include any other part or parts that are regularly the subject of trade by automotive parts thieves as determined by regulation promulgated by the automotive board and supported by clear and convincing evidence that there is recurring theft of the same type of part, provided that any such automotive board regulation that adds additional parts shall expire on the second anniversary of its adoption unless extended by the automotive board, and is again supported by clear and convincing evidence that there is reoccurring theft of the same type of part. Such record shall include the following information:
(1) The vehicle identification number and license number of all motor vehicles or trailers transferred to the licensee;
(2) An accurate description in the English language of the secondhand or used motor vehicle parts or accessories purchased or deposited, the vehicle identification number of the motor vehicle from which the parts or accessories were removed, the amount of money paid for same or loaned thereon, and the time of purchase, transfer, or deposit thereof;
(3) The name, age, sex, signature, residence, race, and approximate height and weight of the person (transferor or seller) from whom the licensee acquired the property;
(4) A thumbprint and photograph of the face of the transferor or seller together with the secondhand or used motor vehicle parts or accessories purchased, provided that if a licensee acquires an entire motor vehicle or trailer from the owner of the vehicle or trailer, then in lieu of the photograph and thumbprint, the buyer may obtain and maintain a copy of the seller's vehicle title and the vehicle identification number of the motor vehicle or trailer; and
(5) A unique identification number which corresponds to a transaction and has been attached to the motor vehicle or trailer and to the secondhand or used motor vehicle parts or accessories purchased by the licensee.
(d) It is an affirmative defense to prosecution under this section that both the transferor and the transferee are city and state licensed dealers in used parts and used accessories and that the transfer was documented in full compliance with Chapter 2302 of the Texas Occupations Code with the name of the business from which the motor vehicle or motor vehicle part was purchased and the Texas Certificate of Inventory number or federal taxpayer identification number. The record must include the part description and a unique inventory number or motor vehicle identification number from which the part came. It is also an affirmative defense to prosecution under this section that the transferee is a city licensed dealer in used parts and used accessories and that the transferor is a person who conducts a similar business in another jurisdiction who caused the parts or accessories to be delivered to the transferee by commercial freight line or common carrier and the transferee documented the inventory number kept by the transferor for the part under Texas State Law, if the transferor resides in Texas, or obtained the transferor's federal taxpayer identification number if the transferor resides outside the State of Texas. The provisions of this section are in addition to any applicable state law, including but not limited to Chapter 2302 of the Texas Occupations Code. Records forms promulgated hereunder shall be designed to include applicable state requirements to avoid duplication of records. Any violation of this section that also constitutes a violation of state law shall be punishable as provided by the applicable state law.
(e) A person who sells a motor vehicle, a motor vehicle trailer, or a secondhand or used motor vehicle accessory or part to a licensee under this section must have a valid government-issued identification from which the licensee shall record the required information.
(f) All records required to be maintained under this section shall be kept at the licensee's place of business in written form or in an electronic recordkeeping system.
(Code 1968, § 8-23; Ord. No. 82-2038, § 1, 12-22-82; Ord. No. 93-1574, § 4, 12-8-93; Ord. No. 00-947, § 1, 11-1-00; Ord. No. 2013-1209, § 5, 12-18-2013)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH8AUDEAUWR_ARTIIAUDE_DIV1GE_S8-26OTREREFetched: 10/26/2026
