In this article:
Department.
Means the Texas Department of Transportation.
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.
(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:
(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)