(a) 
A law enforcement agency may take into custody an abandoned motor vehicle, watercraft, or outboard motor found on public or private property.
(b) 
A law enforcement agency may use agency personnel, equipment, and facilities or contract for other personnel, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle, watercraft, or outboard motor taken into custody by the agency under this article.
(1995 Code, sec. 95.53; Ordinance 424 adopted 6/5/2001)
(a) 
A law enforcement agency shall send notice of abandonment to:
(1) 
The last known registered owner of each motor vehicle, watercraft, or outboard motor taken into custody by the agency or for which a report is received under section 8.04.061; and
(2) 
Each lienholder recorded under Tex. Transp. Code, chapter 501, for the motor vehicle, or under Tex. Parks & Wildlife Code, chapter 31, for the watercraft or outboard motor.
(b) 
The notice under subsection (a) must:
(1) 
Be sent by certified mail not later than the 10th day after the date the agency:
(A) 
Takes the abandoned motor vehicle, watercraft, or outboard motor into custody; or
(B) 
Receives the report under section 8.04.061;
(2) 
Specify the year, make, model, and identification number of the item;
(3) 
Give the location of the facility where the item is being held;
(4) 
Inform the owner and lienholder of the right to claim the item not later than the 20th day after the date of the notice on payment of:
(A) 
Towing, preservation, and storage charges; or
(B) 
Garagekeeper’s charges and fees under section 8.04.062; and
(5) 
State that failure of the owner or lienholder to claim the item during the period specified by subsection (4) is:
(A) 
A waiver by that person of all right, title, and interest in the item; and
(B) 
Consent to the sale of the item at a public auction.
(c) 
Notice by publication in one newspaper of general circulation in the area where the motor vehicle, watercraft, or outboard motor was abandoned is sufficient notice under this section if:
(1) 
The identity of the last registered owner cannot be determined;
(2) 
The registration has no address for the owner; or
(3) 
The determination with reasonable certainty of the identity and address of all lienholders is impossible.
(d) 
Notice by publication:
(1) 
Must be published in the same period that is required by subsection (b) for notice by certified mail and contain all of the information required by that subsection; and
(2) 
May contain a list of more than one abandoned motor vehicle, watercraft, or outboard motor.
(1995 Code, sec. 95.54; Ordinance 424 adopted 6/5/2001)
A law enforcement agency or the agent of a law enforcement agency that takes into custody an abandoned motor vehicle, watercraft, or outboard motor is entitled to reasonable storage fees:
(1) 
For not more than 10 days, beginning on the day the item is taken into custody and ending on the day the required notice is mailed; and
(2) 
Beginning on the day after the day the agency mails notice and ending on the day accrued charges are paid and the vehicle, watercraft, or outboard motor is removed.
(1995 Code, sec. 95.55; Ordinance 424 adopted 6/5/2001)
(a) 
If an abandoned motor vehicle, watercraft, or outboard motor is not claimed under section 8.04.032:
(1) 
The owner or lienholder:
(A) 
Waives all rights and interests in the item; and
(B) 
Consents to the sale of the item by public auction; and
(2) 
The law enforcement agency may sell the item at a public auction or use the item as provided by section 8.04.032 [8.04.036].
(b) 
Proper notice of the auction shall be given. A garagekeeper who has a garagekeeper’s lien shall be notified of the time and place of the auction.
(c) 
The purchaser of a motor vehicle, watercraft, or outboard motor:
(1) 
Takes title free and clear of all liens and claims of ownership;
(2) 
Shall receive a sales receipt from the law enforcement agency; and
(3) 
Is entitled to register the motor vehicle, watercraft, or outboard motor and receive a certificate of title.
(1995 Code, sec. 95.56; Ordinance 424 adopted 6/5/2001)
(a) 
A law enforcement agency is entitled to reimbursement from the proceeds of the sale of an abandoned motor vehicle, watercraft, or outboard motor for:
(1) 
The cost of the auction;
(2) 
Towing, preservation, and storage fees resulting from the taking into custody; and
(3) 
The cost of notice or publication as required by section 8.04.032.
(b) 
After deducting the reimbursement allowed under subsection (a), the proceeds of the sale shall be held for 90 days for the owner or lienholder of the vehicle.
(c) 
After the period provided by subsection (b), proceeds unclaimed by the owner or lienholder shall be deposited in an account that may be used for the payment of auction, towing, preservation, storage, and notice and publication fees resulting from taking other vehicles, watercraft, or outboard motors into custody if the proceeds from the sale of the other items are insufficient to meet those fees.
(d) 
A municipality or county may transfer funds in excess of $1,000.00 from the account to the municipality’s or county’s general revenue account to be used by the law enforcement agency.
(1995 Code, sec. 95.57; Ordinance 424 adopted 6/5/2001)
(a) 
The law enforcement agency that takes an abandoned motor vehicle into custody that is not claimed under section 8.04.032 may use the vehicle for agency purposes.
(b) 
The law enforcement agency shall auction the vehicle as provided by this article if the agency discontinues use of the vehicle.
(c) 
This section does not apply to an abandoned vehicle on which there is a garagekeeper’s lien.
(d) 
This section does not apply to a vehicle that is:
(1) 
Taken into custody by a law enforcement agency located in a county with a population of 2.4 million or more; and
(2) 
Removed to a privately owned storage facility.
(1995 Code, sec. 95.58; Ordinance 424 adopted 6/5/2001)