For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates a different meaning:
Abandoned motor vehicle
means a motor vehicle that is inoperable and more than five years old and has been left unattended on public property for more than 48 hours, has remained illegally on public property for more than 48 hours, has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours, has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours, or 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 division of the Texas Department of Transportation.
Demolisher
means 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.
Garage keeper
Means 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.
Inoperable
Means not capable of being used or operated due to legal or mechanical incapability.
Motor vehicle
means a motor vehicle subject to registration under the Certificate of Title Act (Texas Transportation Code chapter 501), except that for purposes of sections 8.08.062 through 8.08.064 the term "motor vehicle" includes a motorboat, outboard motor or vessel subject to registration under Texas Parks and Wildlife Code chapter 31.
Storage facility
means a garage, parking lot or any type of facility or establishment for the servicing, repairing, storing or parking of motor vehicle(s).
(1976 Code, sec. 18-16; 1998 Code, sec. 74-31; 2013 Code, sec. 34-31; Ordinance 2025-12 adopted 6/10/2025)
(a) 
A police department may take into custody an abandoned motor vehicle found on public or private property.
(b) 
A police department may employ its own personnel, equipment and facilities or hire persons, equipment and facilities to remove, preserve, store, send notice regarding and dispose of an abandoned motor vehicle it takes into custody.
(1976 Code, sec. 18-17; 1998 Code, sec. 74-32; 2013 Code, sec. 34-32)
(a) 
The police department, after taking into custody an abandoned motor vehicle, shall notify, not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act (Texas Transportation Code chapter 501), or Texas Parks and Wildlife Code chapter 31, that the vehicle has been taken into custody. The notice shall describe the year, make, model, and vehicle identification number of the 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 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 683.032 of the Texas Transportation Code and, if the vehicle is a commercial motor vehicle impounded under section 644.153(q) of the Texas Transportation Code, the delinquent administrative penalty and costs. 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 division. 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 section.
(d) 
The police department or its agent that takes custody of any abandoned motor vehicle is entitled to reasonable storage fees for:
(1) 
A period of not more than ten 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.
(1976 Code, sec. 18-18; 1998 Code, sec. 74-33; 2013 Code, sec. 34-33; Ordinance adopting 2021 Code)
(a) 
If an abandoned motor vehicle has not been reclaimed as provided by section 8.08.063, the police department shall sell the abandoned motor 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.
(b) 
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 8.08.063.
(c) 
Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 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.
(1976 Code, sec. 18-19; 1998 Code, sec. 74-34; 2013 Code, sec. 34-34)