| (a) If a vehicle is not claimed by a person permitted
to claim the vehicle before the 10th day after the date notice is
mailed or published under §85.703, the operator of the VSF shall
consider the vehicle to be abandoned and, if required by the law enforcement
agency with jurisdiction where the vehicle is located, must report
the abandonment to the law enforcement agency. If the law enforcement
agency notifies the VSF that the agency will send notices and dispose
of the abandoned vehicle under Subchapter B, Chapter 683, Transportation
Code, the VSF shall pay the fee required under Section 683.031, Transportation
Code.
(b) If the vehicle is not claimed, the second notice
shall be sent no earlier than the 15th day, and no later than the
21st day, after the date the first notice is mailed or published under
§85.703. The operator of a VSF shall send a second notice to
the registered owner and each recorded lienholder of the vehicle if
the facility:
(1) was not required to make a report under Subsection
(a); or
(2) has made a required report under Subsection (a)
and the law enforcement agency:
(A) has notified the facility that the law enforcement
agency will take custody of the vehicle;
(B) has not taken custody of the vehicle; or
(C) has not responded to the report.
(c) If the VSF sends a second notice after the 21st
day on which the first notice was mailed or published, it may not
charge a daily storage fee authorized under §85.722(d) until
24 hours after the second notice is mailed or published.
(d) Notice under this section must include:
(1) the information listed in §85.703(h)(1)(A)
- (H);
(2) a statement of the right of the facility to dispose
of the vehicle under subsections (a) and (b);
(3) a statement that the failure of the owner or lienholder
to claim the vehicle and personal property before the 30th day after
the date the notice if provided is:
(A) a waiver by that person of all right, title, or
interest in the vehicle and personal property; and
(B) a consent to the sale of the vehicle at a public
sale.
(e) Notwithstanding subsection (a), if publication
is required for notice under this section, the notice must include:
(1) the information listed in §85.703(i)(2); and
(2) a statement that the failure of the owner or lienholder
to claim the vehicle before the date of the sale is:
(A) a waiver of all right, title, and interest in the
vehicle;
(B) and a consent to the sale of the vehicle at a public
sale.
(f) The operator shall pay any excess proceeds to the
person entitled to those proceeds.
|
| Source Note: The provisions of this §85.704 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective January 16, 2012, 37 TexReg 112; amended to be effective March 15, 2014, 39 TexReg 1704; amended to be effective January 15, 2018, 43 TexReg 84 |
