Abandoned motor vehicle.
A motor vehicle that is inoperable and left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a period of more than forty-eight (48) hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than forty-eight (48) hours, or a motor vehicle left unattended on the right-of-way of a designated county, state, or federal highway within this state for more than forty-eight (48)hours or for more than twelve (12) hours on a turnpike project constructed and maintained by the state turnpike authority.
Antique auto.
A passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least thirty-five (35) years old.
Collector.
The owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest.
Demolisher.
A person whose business is to convert a motor vehicle into processed scrap or scrap metal or to otherwise wreck or dismantle a motor vehicle.
Garagekeeper.
An owner or operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of a motor vehicle.
Junked motor vehicle.
A vehicle that is self propelled and:
(1) 
Displays an expired license plate or invalid motor vehicle inspection certificate or does not display a license plate or motor vehicle inspection certificate; and
(2) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
Seventy-two (72) consecutive hours, if the vehicle is on public property; or
(ii) 
Thirty (30) consecutive days, if the vehicle is on private property.
Motor vehicle.
A motor vehicle subject to registration under the Certificate of Title Act (V.T.C.A., Transportation Code, chapter 501), except that for purposes of sections II, III, and IV of this Act [sections 8.03.002, 8.03.003, and 8.03.004], “motor vehicle” includes a motorboat, outboard motor, or vessel subject to registration under chapter 31, Texas Parks and Wildlife Code.
Police department.
The department of public safety, the police department of any city, town, or municipality, acting under the general police power authority as vested in such department by its respective governing body, the police department of any institution of higher education, or the sheriff or a constable of any county.
Special interest vehicle.
A motor vehicle of any age that has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by hobbyists.
Storage facility.
A garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles.
(1995 Code, sec. 7.1101; Ordinance adopting Code)
The police department may take into custody an abandoned motor vehicle found on public or private property. The police department may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle it takes into custody.
(1995 Code, sec. 7.1102)
(a) 
When the police department takes into custody an abandoned motor vehicle, it shall notify not later than the tenth (10th) day after taking of the vehicle, by certified mail, the last known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act (V.T.C.A., Transportation Code, chapter 501), or chapter 31, Parks and Wildlife Code, that the vehicle has been taken into custody. The notice shall describe the year, make, model and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the twentieth (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 if notice is under section 8.03.005 of this article. The notice shall also state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lienholders of all right, title, and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction.
(b) 
If the identity of the last registered owner cannot be determined, 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 one publication in one newspaper of general circulation in the area where the motor vehicle was abandoned is sufficient notice under this article. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail.
(c) 
The consequences and effect of failure to reclaim an abandoned motor vehicle are as set forth in a valid notice given under this article.
(d) 
The police department or an agent of the police department that takes custody of an abandoned motor vehicle is entitled to reasonable storage fees for:
(1) 
A period of not more than ten (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 department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed.
(1995 Code, sec. 7.1103)
(a) 
If an abandoned motor vehicle has not been reclaimed as provided by section 8.03.003 of this article, the police department may use that vehicle for police department purposes as provided by this section.
(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 as provided by section 8.03.005 of this article.
(c) 
This section does not apply to an abandoned motor vehicle with a garagekeeper’s lien.
(1995 Code, sec. 7.1104)
If an abandoned motor vehicle has not been reclaimed as provided by section 8.03.003 of this article, the police department may use the abandoned motor vehicle for police department purposes, as provided by section 8.03.004 of this article, or sell the vehicle at a public auction. Proper notice of the public auction shall be given, and in the case of a garagekeeper’s lien, the garagekeeper shall be notified of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department, and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing the vehicle that resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred under section 8.03.003 of this article. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for ninety (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 another abandoned vehicle in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs. The municipality may transfer the amount in the special fund that exceeds one thousand dollars ($1,000.00) from the special fund to the general revenue account of the city to be used by the police department.
(1995 Code, sec. 7.1105)
(a) 
A motor vehicle left for more than ten (10) days in a storage facility operated for commercial purposes after notice is given by registered or certified mail, return receipt requested, to the owner and to any lienholder of record under the Certificate of Title Act (V.T.C.A., Transportation Code, chapter 501) to pick up the vehicle, or for more than ten (10) days after a period when under a contract the vehicle was to remain on the premises of the storage facility, or a motor vehicle left for more than ten (10) days in a storage facility by someone other than the registered owner or by a person authorized to have possession of the motor vehicle under a contract of use, service, storage, or repair, is considered an abandoned vehicle, and shall be reported by the garagekeeper to the police department. If the notice to the owner or a lienholder is returned by the post office unclaimed, notice by one publication in one newspaper of general circulation in the area in which the vehicle was left in storage is sufficient notice.
(b) 
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 contract, for a maximum of seven (7) days only until notification is mailed to the last known registered owner and all lienholders of record as provided by subsection (a) of this section. 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 seven (7) days after it becomes abandoned may no longer claim reimbursement for storage of the vehicle.
(c) 
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 provided by section 8.03.003 of this article, except that custody of the vehicle shall remain with the garagekeeper until after compliance with the notification requirements. A fee of five dollars ($5.00) shall accompany the report of the garagekeeper to the police department. The five dollar ($5.00) fee shall be retained by the police department receiving the report and used to defray the cost of notification or other cost incurred in the disposition of an abandoned motor vehicle.
(d) 
An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by section 8.03.003 of this article shall be taken into custody by the police department and used for police department purposes as provided by section 8.03.004 of this article or sold in the manner provided by section 8.03.005 of this article. The proceeds of a sale under this section shall first be applied to the garagekeeper’s charges for servicing, storage, and repair, but as compensation for the expense incurred by the police department in placing the vehicle in custody and the expense of auction, the police department shall retain two percent of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than ten dollars ($10.00). If the gross proceeds are less than ten dollars ($10.00), the department shall retain the ten dollars ($10.00) to defray expenses of custody and auction. Surplus proceeds remaining from an auction shall be distributed in accordance with section 8.03.005 of this article.
(e) 
Except for the termination of limitation of 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.
(f) 
A person charging fees under subsection (b) 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 two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00).
(1995 Code, sec. 7.1106)
(a) 
A person, firm, corporation, or unit of government on whose property or in whose possession is found any abandoned motor vehicle and 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. Nothing in this section may be construed as being in conflict with the provisions of sections 8.03.009 and 8.03.010 of this article. The application, except one submitted by a unit of government, shall be accompanied by a fee of two dollars ($2.00) that shall be deposited in the state highway fund.
(b) 
The application must set out the name and address of the applicant, the year, make, model, and vehicle identification number of the motor vehicle, if ascertainable, together with any other identifying features, and must contain a concise statement of the facts surrounding the abandonment, a statement that the title of the motor vehicle is lost or destroyed, or a statement of the reasons for the defect of title in the owner. The applicant shall execute an affidavit stating that the facts alleged in the application are true and that no material fact has been withheld.
(c) 
If the state department of transportation finds that the application is executed in proper form and shows that the motor vehicle has been abandoned on the property of the applicant or that the motor vehicle is not abandoned but that the applicant appears to be the rightful owner, the department shall follow the notification procedures as provided in section 8.03.003 of this article.
(d) 
If an abandoned motor vehicle is not reclaimed in accordance with section 8.03.003 of this article, the state department of transportation, on notification of that fact by the applicant, shall issue the applicant a certificate of authority to sell the motor vehicle to a demolisher for demolition, wrecking, or dismantling. A demolisher shall accept the certificate in lieu of the certificate of title to the motor vehicle.
(e) 
The state department of transportation may issue the applicant a certificate of authority to dispose of the motor vehicle to a demolisher without following the notification procedures of section 8.03.003 of this article if the motor vehicle is more than eight years old and has no engine or otherwise totally inoperable.
(f) 
A person in possession of an abandoned vehicle that was authorized to be towed in by a police department and that is more than eight (8) years old and has no engine or is otherwise totally inoperable may, on affidavit of that fact and approval of the police department, apply to the state department of transportation for a certificate of authority to dispose of the vehicle to a demolisher for demolition, wrecking, or dismantling only.
(g) 
The state department of transportation may adopt rules and prescribe forms that are necessary to carry out the provisions of this section.
(1995 Code, sec. 7.1107)
(a) 
A demolisher who purchases or otherwise acquires a motor vehicle to wreck, dismantle, or demolish it shall obtain a valid certificate of title, sales receipt, or transfer document under sections 8.03.005 and 8.03.006 of this article, respectively, or a certificate of authority from the person delivering the vehicle for demolition, but the demolisher is not required to obtain a certificate of title for the motor vehicle in the demolisher’s name. On demand of the state department of transportation, the demolisher shall surrender for cancellation the certificate of title or authority. The state department of transportation shall issue such forms and rules governing the surrender of auction sales receipts and certificates of title as are appropriate. The Certificate of Title Act (V.T.C.A., Transportation Code, chapter 501) governs the cancellation of title of the motor vehicle.
(b) 
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 contain the name and address of the person from whom each motor vehicle was purchased or received and the date of the purchase of receipt. The records shall be open for inspection by the state department of transportation or any police department at any time during normal business hours. A record required by this subsection must be kept by the demolisher for at least one year after the transaction to which it applies. A demolisher who commits an offense under this subsection is, on conviction, subject to a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), to confinement in the county jail for not less than ten (10) days nor more than six months, or to both.
(1995 Code, sec. 7.1108)
(a) 
A city, town, or county within this state may adopt procedures for the abatement and removal of a junked vehicle or a part of a junked vehicle as a public nuisance, from private property, public property, or public rights-of-way. The procedures must conform to the requirements of this section.
(b) 
For a nuisance on private property, the procedures must require not less than ten (10) days’ notice stating the nature of the public nuisance on private property, that it must be removed and abated within ten (10) days, and that a request for a hearing must be made before expiration of the ten-day period. The notice must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, if the post address is known. If the post office address is unknown, the notice may, in such situations, be accomplished by:
(1) 
Placing the notice on the motor vehicle; or
(2) 
By hand delivery to the last known registered owner if such owner is physically located.
Notice must also be mailed, by certified mail with a five-day return requested, to any known lienholder of record, and the owner or occupant of the private premises on which the public nuisance exists.
(c) 
For a nuisance on public property, the procedures must require not less than ten (10) days’ notice, stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten (10) days, and that a request for a hearing must be made before expiration of the ten-day period. The notice must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, if the post address is known. If the post office address is unknown, the notice may, in such situations, be accomplished by:
(1) 
Placing the notice on the motor vehicle; or
(2) 
By hand delivery to the last known registered owner if such owner can be physically located.
Notice must also be mailed, by certified mail with a five-day return requested, to any known lienholder of record, and the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return.
(d) 
In addition, the procedures must prohibit a vehicle from being reconstructed or made operable after it has been removed.
(e) 
The procedures must require a public hearing before the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be held before the governing body of the city if a hearing is requested by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within ten (10) days after service of notice to abate the nuisance. A resolution or order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site.
(f) 
The procedures must require notice to be given to the state department of transportation not later than the fifth (5th) day after the date of removal. The notice must identify the vehicle or vehicle part. The department shall immediately cancel the certificate of title to the vehicle pursuant to the Certificate of Title Act (V.T.C.A., Transportation Code, chapter 501).
(g) 
The procedures may not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property in connection with the business of a licensed vehicle dealer or junkyard, or an unlicensed, operable, or inoperable antique or special interest vehicle stored by a collector on the collector’s property, if the vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means.
(h) 
The procedures must be administered by regularly salaried, full-time employees of the city, except that the removal of a vehicle or vehicle part from property may be by any duly authorized person.
(1995 Code, sec. 7.1109)
A junked vehicle or vehicle part may be disposed of by removal to a scrapyard, demolisher, or any suitable site operated by the city for processing as scrap or salvage. The process of disposal must comply with the provisions of section 8.03.009(d) of this article. A city may operate a disposal site if its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of the vehicles or vehicle parts, or the city may transfer the vehicles or vehicle parts to another disposal site if the disposal is only as scrap or salvage.
(1995 Code, sec. 7.1110)
A person authorized by the city to administer the procedures authorized by this article may enter private property for the purposes specified in the procedures to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. An appropriate court in a city that enacts procedures under this article may issue orders necessary to enforce the procedures.
(1995 Code, sec. 7.1111)