Abandoned motor vehicle.
For the purposes of this division, a motor vehicle is abandoned if the motor vehicle:
(1) 
Is inoperable, is more than five years old, and has been left unattended on public property for more than 48 hours;
(2) 
Has remained illegally on public property for more than 48 hours;
(3) 
Has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours;
(4) 
Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours; or
(5) 
Is considered an abandoned motor vehicle under section 644.153(r) of the Transportation Code.
Abandoned nuisance vehicle.
A motor vehicle that is at least 10 years old and is of a condition only to be junked, crushed, or dismantled.
Garagekeeper.
An owner or operator of a storage facility.
Law enforcement agency.
(1) 
The department of public safety;
(2) 
The police department of a municipality;
(3) 
The police department of an institution of higher education; or
(4) 
A sheriff or a constable.
Motor vehicle.
A vehicle that is subject to registration under chapter 501 of the Transportation Code.
Motor vehicle demolisher.
A person in the business of:
(1) 
Converting motor vehicles into processed scrap or scrap metal; or
(2) 
Wrecking or dismantling motor vehicles.
Outboard motor.
An outboard motor subject to registration under chapter 31, Parks and Wildlife Code.
Storage facility.
Includes a garage, parking lot, or establishment for the servicing, repairing, or parking of motor vehicles.
Vehicle storage facility.
A vehicle storage facility, as defined by section 2303.002, Occupations Code, that is operated by a person who holds a license issued under chapter 2303 of that code to operate that vehicle storage facility.
Watercraft.
A vessel subject to registration under chapter 31, Parks and Wildlife Code.
(Ordinance 427-07, sec. 2, adopted 6/19/07; 2004 Code, sec. 8.101)
(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, store, send notice regarding, and dispose of an abandoned motor vehicle, watercraft, or outboard motor taken into custody by the agency under this division.
(Ordinance 427-07, sec. 2, adopted 6/19/07; 2004 Code, sec. 8.102)
(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 683.031 of the Transportation Code; and
(2) 
Each lienholder recorded under chapter 501 of the Transportation Code for the motor vehicle or under chapter 31, Parks and Wildlife Code, 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 683.031 of the Transportation Code;
(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 683.032 of the Transportation Code and, if the vehicle is a commercial motor vehicle impounded under section 644.153(q) of the Transportation Code, the delinquent administrative penalty and costs;
(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.
(e) 
A law enforcement agency is not required to send a notice, as otherwise required by subsection (a), if the agency has received notice from a vehicle storage facility that an application has or will be submitted to the department for the disposal of the vehicle.
(Ordinance 427-07, sec. 2, adopted 6/19/07; 2004 Code, sec. 8.103)
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.
(Ordinance 427-07, sec. 2, adopted 6/19/07; 2004 Code, sec. 8.104)
(a) 
If an abandoned motor vehicle, watercraft, or outboard motor is not claimed under section 8.03.033:
(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 or the transfer of the item, if a watercraft, as provided by subsection (d); and
(2) 
The law enforcement agency may sell the item at a public auction, transfer the item, if a watercraft, as provided by subsection (d), or use the item as provided by section 8.03.037.
(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.
(d) 
On consent of the parks and wildlife department, the law enforcement agency may transfer a watercraft that is not claimed under section 683.012 [section 8.03.033] to the parks and wildlife department for use as part of an artificial reef under chapter 89, Parks and Wildlife Code, or for other use by the parks and wildlife department permitted under the Parks and Wildlife Code. On transfer of the watercraft, the parks and wildlife department:
(1) 
Takes title free and clear of all liens and claims of ownership; and
(2) 
Is entitled to register the watercraft and receive a certificate of title.
(Ordinance 427-07, sec. 2, adopted 6/19/07; 2004 Code, sec. 8.105)
(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 683.012 [section 8.03.033].
(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.
(e) 
If the vehicle is a commercial motor vehicle impounded under section 644.153(q) [of the Transportation Code], the department of public safety is entitled from the proceeds of the sale to an amount equal to the amount of the delinquent administrative penalty and costs.
(Ordinance 427-07, sec. 2, adopted 6/19/07; 2004 Code, sec. 8.106)
(a) 
The law enforcement agency that takes an abandoned motor vehicle into custody that is not claimed under section 8.03.033 may use the vehicle for agency purposes.
(b) 
The law enforcement agency shall auction the vehicle as provided by this division 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.
(Ordinance 427-07, sec. 2, adopted 6/19/07; 2004 Code, sec. 8.107)