(a) 
The police department may take into custody an abandoned motor vehicle found on public or private property.
(b) 
The police department may employ its own personnel, equipment, and facilities or contract for other personnel, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle it takes into custody.
(1999 Unified General Code, ch. 3, art. I. div. I, sec. 1.00)
(a) 
The police department shall notify, by certified mail, the last known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act, chapter 501 Texas Transportation Code, or chapter 31, Texas Parks and Wildlife Code, that the vehicle has been taken into custody.
(b) 
For the purposes of subsection (a), the notice shall be mailed not later than the 10th day after taking the motor vehicle into custody or the 10th day after receiving a report of possession.
(c) 
The notice shall:
(1) 
Describe the year, make, model and vehicle identification number of the motor vehicle;
(2) 
Set forth the location of the facility where the motor vehicle is being held;
(3) 
Inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the 20th day after the date of the notice on payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody, or garagekeeper’s charges; and
(4) 
State that failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided constitutes:
(A) 
A waiver by the owner and lienholders of all right, title, and interest in the vehicle; and
(B) 
Their consent to the sale of the abandoned motor vehicle at a public auction.
(d) 
Alternate notice by publication.
(1) 
If the identity of the last registered owner cannot be determined, the registration contains no address for the owner, or it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, then notice by one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned is sufficient notice under this regulation.
(2) 
The notice by publication may contain a multiple listing of abandoned vehicles, and shall be published within the time requirements prescribed for notice by certified mail, and contain the same contents required for a notice by certified mail.
(e) 
The consequences of a failure to reclaim an abandoned motor vehicle are as set forth in a valid notice.
(f) 
The police department or an agent of a police department that takes custody of an abandoned motor vehicle is entitled to reasonable storage fees for:
(1) 
A period of not more than 10 days beginning on the day the department takes custody and continuing through the day the department mails notice as provided by this section; and
(2) 
A period beginning on the day after the day the police department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed.
(1999 Unified General Code, ch. 3, art. I, div. I, sec. 2.00)
(a) 
If an abandoned motor vehicle has not been reclaimed as provided by section 8.03.032 of this article, the police department may use the vehicle for police department purposes.
(b) 
The police department may use the abandoned motor vehicle for police department purposes as long as the department considers it cost-effective. If the police department discontinues use of the abandoned motor vehicle, the department shall auction the vehicle.
(c) 
This section does not apply to an abandoned motor vehicle with a garagekeeper’s lien.
(d) 
This section will not apply to any motor vehicle that is taken into custody by the police department when the county reaches a population of 2.4 million or more according to the most recent federal decennial census and when that motor vehicle is removed to a privately owned storage facility.
(1999 Unified General Code, ch. 3, art. I, div. I, sec. 3.00)
(a) 
Notice of the public auction shall be given by publication as required by law, and, in the case of a garagekeeper’s lien, the garagekeeper shall be notified by certified mail of the time and place of the auction.
(b) 
The police department shall receive a sales receipt and is entitled to register the purchased vehicle and receive a certificate of title if it purchases the vehicle.
(c) 
From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the cost of towing, preserving, and storing the vehicle, and all notice and publication costs incurred under section 8.03.032 of this article. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs that result from placing abandoned vehicles in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs. The city may transfer any funds in excess of $1,000.00 from the special fund to the city’s general revenue account to be used by the police department.
(1999 Unified General Code, ch. 3, art. I, div. I, sec. 4.00; Ordinance adopting Code)
(a) 
A motor vehicle shall be considered abandoned in the following circumstances:
(1) 
Has been left at a commercial facility for more than 10 days after a notice to retrieve a vehicle was sent to the owner and lienholder of record (under the Certificate of Title Act, chapter 501 Texas Transportation Code) by registered or certified mail return receipt requested;
(2) 
Is left for more than 10 days beyond the storage agreement; or
(3) 
Is left for more than ten (10) days in a storage facility by someone other than the registered owner or a person authorized to have possession of the motor vehicle under a contract of use, service, storage, or repair, beyond the agreement.
(b) 
A garagekeeper shall report the abandoned vehicle to the police department.
(c) 
Notice by publication once in one newspaper of general circulation in the city shall constitute sufficient notice if certified notice is returned unclaimed.
(d) 
If a garagekeeper or storage facility acquires possession of a motor vehicle for a purpose other than repair, the garagekeeper or storage facility is entitled to towing, preservation, and notification charges and to reasonable storage fees, in addition to storage fees earned pursuant to a contract, for a maximum of 5 days until notification is mailed to the last known registered owner and all lienholders of record. After such notice is mailed, storage fees may continue until the vehicle is removed and all accrued charges are paid. A garagekeeper who fails to report the possession of an abandoned vehicle to the police department within 48 hours after it becomes abandoned may no longer claim reimbursement for storage of the vehicle.
(e) 
The police department, upon receipt of a report from a garagekeeper of the possession of a vehicle considered abandoned under the provisions of this section, shall follow the notification procedures, except that custody of the vehicle shall remain with the garagekeeper until after compliance with the notification requirements. A fee of $5.00 shall accompany the report of the garagekeeper to the police department. The $5.00 fee shall be deposited in the city treasury and used to defray the cost of notification or other costs incurred in the disposition of the abandoned motor vehicle.
(f) 
An abandoned vehicle left in a storage facility and not reclaimed after notice shall be taken into custody by the police department and used for police department purposes after the garagekeeper’s charges have been paid. The remaining proceeds shall be used to offset the expense of the auction. Surplus proceeds remaining from an auction shall be distributed in accordance with section 8.03.034(c) of this article.
(g) 
Except for the termination or limitation of a claim for storage for failure to report an abandoned motor vehicle, nothing in this section may be construed to impair any lien of a garagekeeper under the laws of this state.
(h) 
A person charging fees under subsection (d) of this section commits an offense if the person charges a storage fee for a period of time not authorized by that subsection. An offense under this subsection is punishable by a fine of not less than $200.00 nor more than $1,000.00.
(1999 Unified General Code, ch. 3, art. I, div. I, sec. 5.00)
(a) 
A person, firm, corporation, or unit of government on whose property or in whose possession is found any abandoned motor vehicle, or a person who is the owner of a motor vehicle whose title certificate is faulty, lost, or destroyed, may apply to the state department of transportation for authority to sell, give away, or dispose of the vehicle to a demolisher.
(b) 
The department is urged to assist residents with the application procedures. The application, except where submitted by a unit of government, will be accompanied by a fee of $2.00.
(c) 
The application shall set out:
(1) 
The name and address of the applicant;
(2) 
The year, make, model, and vehicle identification number of the motor vehicle, if ascertainable, together with any other identifying features;
(3) 
Either:
(A) 
A concise statement of the facts surrounding the abandonment;
(B) 
A statement that the title of the motor vehicle is lost or destroyed; or
(C) 
A statement of the reasons for the defect of title in the owner.
(d) 
The applicant shall execute an affidavit stating that the facts alleged in the application are true and that no material facts have been withheld.
(1999 Unified General Code, ch. 3, art. I, div. I, sec. 6.00)
In addition to the provisions of this division, the city hereby adopts and makes applicable to the city the Texas Abandoned Motor Vehicle Act, chapter 683 Texas Transportation Code, and hereby grants and gives to its duly authorized agents the authority, right, and privilege to do and perform all the necessary acts under such Abandoned Motor Vehicle Act to fully carry out and implement the purpose and intentions of such act.
(1999 Unified General Code, ch. 3, art. I, div. I, sec. 7.00)
(a) 
A demolisher who purchases or otherwise acquires a motor vehicle to wreck, dismantle, or demolish shall obtain a valid certificate of title, sales receipt, or transfer document, or a certificate of authority, from the person delivering the vehicle for demolition.
(b) 
For the purposes of subsection (a), the demolisher is not required to obtain a certificate of title for the motor vehicle in the demolisher’s name.
(c) 
A demolisher commits an offense if the demolisher fails to keep an accurate and complete record of a motor vehicle purchased or received in the course of business in the manner provided by this subsection. These records must:
(1) 
Contain the name and address of the person from whom each motor vehicle was purchased or received and the date of the purchase or receipt;
(2) 
Be open for inspection by the state department of transportation or any police department at any time during normal business hours; and
(3) 
Be kept by the demolisher for at least one year after the transaction to which it applies.
(d) 
A demolisher who commits an offense under this section is, on conviction, subject to a fine of not less than $100.00 nor more than $1,000.00, to confinement in the county jail for not less than 10 days nor more than six months, or to both.
(1999 Unified General Code, ch. 3, art. I, div. I, sec. 8.00)