§ 28-49. Notification of owner and lienholders.  


Latest version.
  • (a)

    If the police department takes into custody an abandoned motor vehicle it shall notify, not later than the tenth day after taking the motor vehicle into custody, in the manner provided in V.T.C.A., Transportation Code § 683.012 the last known registered owner of the motor vehicle and all lienholders of record that the vehicle has been taken into custody.

    (b)

    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 the right to reclaim the motor vehicle not later than the 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 28-51. 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 wavier 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.

    (c)

    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.

    (d)

    A police department or an agent of a 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 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.

(Code 1994, § 7.503)