(a)
A police officer is authorized to remove or cause the removal of
a vehicle from a street, alley, right-of-way or other public place
in the corporate city limits when:
(1)
The vehicle is in an accident and the vehicle’s owner or operator
fails to show evidence of financial responsibility as required by
section 601.053 of the Texas Transportation Code, as amended;
(2)
The vehicle is stopped by a police officer for an alleged violation
of a city or state traffic law or other law applicable to the operation
of a vehicle on the roadway and the vehicle’s operator fails
to produce a valid Texas driver’s license (and police are unable
to verify through the department of public safety that the person
has a valid driver’s license) and the vehicle operator fails
to show proof of financial responsibility as required under section
601.053 of the Texas Transportation Code, as amended; or
(3)
The vehicle is stopped by a police officer for an alleged violation
of a city or state traffic law or other law applicable to the operation
of a vehicle on the roadway and the vehicle’s operator fails
to show evidence of financial responsibility under section 601.053
of the Texas Transportation Code and the vehicle operator has one
(1) or more convictions in the last twenty-four (24) months for failure
to maintain financial responsibility while operating a motor vehicle
in this state.
(b)
Nothing in this section shall prevent a city police officer from
issuing a criminal citation to a person for violating chapter 601
of the Texas Transportation Code in addition to the towing and impoundment
procedures listed above.
(Ordinance 2011-050, sec. 2, adopted 10/24/11; 1988 Code, sec. 31-135)
(b)
All towing, storage and administration fees shall be paid before
such vehicle or other property is released from the vehicle storage
facility.
(c)
Payment of the fees charged under this section shall not excuse the
owner or operator of the impounded vehicle or other property from
any other charge of violating any city ordinance or state law.
(Ordinance 2011-050, sec. 2, adopted 10/24/11; 1988 Code, sec. 31-136)
(a)
After a motor vehicle or other property is impounded, the wrecker
service company shall send notice, not later than the tenth (10th)
day after the date of impoundment, by certified mail, to the last-known
registered owner of the motor vehicle or other property and all lienholders
recorded under chapter 501, Texas Transportation Code, as amended,
that the vehicle or other property has been towed and impounded.
(b)
The notice under subsection (a) must:
(1)
Specify the year, make, model and identification number of the impounded
motor vehicle or other property, if applicable;
(2)
Give the location of the facility where the motor vehicle or other
property is being held;
(3)
Inform the owner and any lienholders of the right to claim the motor
vehicle or other property not later than the thirtieth day after the
date of the notice upon payment of all towing, storage and administration
fees; and
(4)
State that the failure of the owner or lienholders to exercise their
right to claim the vehicle or other property within the time provided
shall be deemed a waiver by the owner and all lienholders of all right,
title, and interest in the vehicle or other property and their consent
to the sale of the vehicle or other property at a public auction.
(c)
If the identity of the last-registered owner cannot be determined,
or if the registration contains no address for the owner, or if it
is impossible to determine with reasonable certainty the identity
and addresses of all lienholders, notice by publication once in a
newspaper of general circulation in the area where the vehicle or
other property was impounded shall be sufficient to meet all requirements
of notice pursuant to this section.
(Ordinance 2011-050, sec. 2, adopted 10/24/11; 1988 Code, sec. 31-137)
To claim an impounded vehicle or other property, satisfactory
evidence of ownership or right of possession must be presented to
the vehicle storage facility where the vehicle is located.
(Ordinance 2011-050, sec. 2, adopted 10/24/11; Ordinance 2017-004, sec. 2, adopted 1/9/17; 1988
Code, sec. 31-138)
(b)
Notice of the time and place of the public auction and a descriptive
list of the motor vehicles or other property to be offered for sale
shall be published at least once in a newspaper of general circulation
in the city no less than ten (10) days prior to the date of auction
in accordance with state law.
(c)
The purchaser of the motor vehicle or other property shall take title
free and clear of all liens and claims of ownership, shall receive
a sales receipt from the wrecker service company, and shall be entitled
to register the purchased vehicle or other property and receive a
certificate of title, if applicable.
(d)
The wrecker service company is entitled to reimbursement from the
proceeds of the sale of a motor vehicle or other property for the
cost of the auction, towing, storage, notice and publication fees.
(e)
Any remainder from the proceeds of a sale shall be held by the wrecker
service company for the owner or lienholder for ninety (90) days.
(f)
After the period provided by subsection (e), proceeds unclaimed by the owner or lienholder shall be deposited in an account that may be used by the wrecker service company for the payment of future towing, storage, notice, auction and publication fees resulting from impoundment, if the proceeds from the sale of the other items are insufficient to meet those fees.
(Ordinance 2011-050, sec. 2, adopted 10/24/11; 1988 Code, sec. 31-139)
