In this article:
Department.
Means the Texas Department of Transportation.
Garagekeeper.
Means an owner or operator or a storage facility.
Motor Vehicle.
Means a vehicle that is subject to registration under Chapter 501, Texas Transportation Code, as amended.
Motor Vehicle Demolisher.
Means 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.
Means and outboard motor subject to registration under Chapter 31, Texas Parks and Wildlife Code, as amended.
Storage Facility.
Includes a garage, parking lot, or establishment for the servicing, repairing, or parking of motor vehicles.
Watercraft.
Means a vessel subject to registration under Chapter 31, Texas Parks and Wildlife Code, as amended.
Abandoned Motor Vehicle.
Means a motor vehicle which:
(1) 
is inoperable, is more than five (5) years old, and has been left unattended on public property for more than forty-eight (48) hours;
(2) 
has remained illegally on public property for more than forty-eight (48) hours;
(3) 
has remained on private property without the consent of the owner or person in charge of the property for more than forty-eight (48) hours;
(4) 
has been left unattended on the right-of-way of a designated county, state, or federal highway for more than forty-eight (48) hours;
(5) 
has been left unattended for more than 24 hours on the right-of-way of a turnpike project constructed and maintained by the Texas Turnpike Authority or a controlled access highway.
Controlled Access Highway.
Has the meaning assigned by Section 541.302, Texas Transportation Code, as amended.
(1995 Code of Ordinances, Chapter 7, Article 7.200, Section 7.201)
(a) 
The police department may take into custody an abandoned motor vehicle, watercraft, or outboard motor found on public or private property.
(b) 
The police department may use department 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 department under this article.
(1995 Code of Ordinances, Chapter 7, Article 7.200, Section 7.202)
(a) 
The police department 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 8.208; and
(2) 
each lienholder recorded under Chapter 501, Texas Transportation Code, as amended, for the motor vehicle or under Chapter 31, Texas 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 unto custody; or
(B) 
receives the report under Section 8.208.
(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 8.208.
(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 article 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 of Ordinances, Chapter 7, Article 7.200, Section 7.203)
The police department or the agent of the police department that takes into custody an abandoned motor vehicle, watercraft, or outboard motor is entitled to reasonable storage fees:
(1) 
for not more than ten (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 police department or its agent mails notice and ending on the day accrued charges are paid and the vehicle, watercraft, or outboard motor is removed.
(1995 Code of Ordinances, Chapter 7, Article 7.200, Section 7.204)
(a) 
if an abandoned motor vehicle, watercraft or outboard motor is not claimed under Section 8.203:
(1) 
the owner or lienholder:
(A) 
waives all rights and interest in the item; and
(B) 
consents to the sale of the item by public auction; and
(2) 
the police department may sell the item at a public auction or use the item as provided by Section 8.207.
(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 police department; and
(3) 
is entitled to register the motor vehicle, watercraft or outboard motor and receive a certificate of title.
(1995 Code of Ordinances, Chapter 7, Article 7.200, Section 7.205)
(a) 
The police department 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 8.203.
(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) 
The city may transfer funds in excess of $1,000 from the account to the general revenue account to be used by the police department.
(1995 Code of Ordinances, Chapter 7, Article 7.200, Section 7.206)
(a) 
The police department that takes an abandoned motor vehicle into custody that is not claimed under Section 8.203 may use the vehicle for department purposes.
(b) 
The police department shall auction the vehicle as provided by this article if the police department discontinues use of the vehicle.
(c) 
This section does not apply to an abandoned vehicle on which there is a garagekeeper's lien.
(1995 Code of Ordinances, Chapter 7, Article 7.200, Section 7.207)
(a) 
A motor vehicle is abandoned if the vehicle is left in a storage facility operated for commercial purposes after the 10th day after the date on which:
(1) 
the garagekeeper gives notice by registered or certified mail, return receipt requested, to the last known registered owner of the vehicle and to each lienholder of record of the vehicle under Chapter 501, Texas Transportation Code, as amended, to remove the vehicle;
(2) 
a contract for the vehicle to remain on the premises of the facility expires; or
(3) 
the vehicle was left in the facility, if the vehicle was left by a person other than the registered owner or a person authorized to have possession of the vehicle under a contract of use, service, storage, or repair.
(b) 
If notice sent under subsection (a)(1) is returned unclaimed by the post office, substituted notice is sufficient if published in one newspaper of general circulation in the area where the vehicle was left.
(c) 
The garagekeeper shall report the abandonment of the motor vehicle to the police department and shall pay a five dollar ($5.00) fee to be used by the police department for the cost of the notice required by this article or other cost incurred in disposing of the vehicle. A fee paid to the Department of Public Safety shall be used to administer this article.
(d) 
The garagekeeper shall retain custody of an abandoned motor vehicle until the Police department takes the vehicle into custody under Section 8.211.
(1995 Code of Ordinances, Chapter 7, Article 7.200, Section 7.208)
(a) 
A garagekeeper who acquires custody of a motor vehicle for a purpose other than repair is entitled to towing, preservation, and notification charges and reasonable storage fees, in addition to storage fees earned under a contract, for each day:
(1) 
not to exceed five (5) days, until the notice described by Section 8.208(a) is mailed; and
(2) 
after notice is mailed, until the vehicle is removed and all accrued charges are paid.
(b) 
A garagekeeper who fails to report an abandoned motor vehicle to a law enforcement agency within seven (7) days after the date it is abandoned may not claim reimbursement for storage of the vehicle.
(c) 
This article does not impair any lien that a garagekeeper has on a vehicle except for the termination or limitation of claim for storage for the failure to report the vehicle to the law enforcement agency.
(1995 Code of Ordinances, Chapter 7, Article 7.200, Section 7.209)
(a) 
A person commits an offense if the person charges a storage fee for a period for which the fee is not authorized by Section 8.203.
(b) 
An offense under this subsection is a misdemeanor punishable by a fine as provided for in the general penalty provision found in Section 1.106 of this code.
(1995 Code of Ordinances, Chapter 7, Article 7.200, Section 7.210)
(a) 
The police department shall take into custody an abandoned vehicle left in storage facility that has not been claimed in the period provided by the notice under Section 8.203.
(b) 
The police department may use the vehicle or sell the vehicle at auction as provided by Section 8.205. If a vehicle is sold, the proceeds of the sale shall first be applied to a garagekeeper's charges for service, storage, and repair of the vehicle.
(c) 
As compensation for expenses incurred in taking the vehicle into custody and selling it, the police department shall retain:
(1) 
two percent (2%) of the gross proceeds of the sale of the vehicle; or
(2) 
all the proceeds if the gross proceeds of the sale are less than ten dollars ($10.00).
(d) 
Surplus proceeds shall be distributed as provided by Section 8.206.
(e) 
If the police department does not take the vehicle into custody before the 31st day after the date notice is sent under Section 8.203.
(1) 
the police department may not take the vehicle into custody; and
(2) 
the storage facility may dispose of the vehicle under Chapter 70, Texas Property Code, except that notice under Section 8.203 satisfies the notice requirements of that chapter.
(1995 Code of Ordinances, Chapter 7, Article 7.200, Section 7.211)