§ 2303.151 — NOTICE TO VEHICLE OWNER OR LIENHOLDER.

Texas § 2303.151

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 2303.151. NOTICE TO VEHICLE OWNER OR LIENHOLDER. (a) The operator of a vehicle storage facility who receives a vehicle that is registered in this state and that is towed to the facility for storage shall send a written notice to the registered owner and the primary lienholder of the vehicle not later than the fifth day after the date but not earlier than 24 hours after the date the operator receives the vehicle.
(b) Except as provided by Section 2303.152 , the operator of a vehicle storage facility who receives a vehicle that is registered outside this state shall send a written notice to the registered owner and each recorded lienholder of the vehicle not later than the 14th day after the date but not earlier than 24 hours after the date the operator receives the vehicle.
(b-1) The operator of a vehicle storage facility shall send a written notice required under Subsection (b) to an address obtained, by mail or electronically, either:
(1) directly from the governmental entity responsible for maintaining the motor vehicle title and registration database for the state in which the vehicle is registered; or
(2) from a private entity authorized by that governmental entity to obtain title, registration, and lienholder information using a single vehicle identification number inquiry submitted through a secure access portal to the governmental entity's motor vehicle records.
(b-2) An address obtained electronically from a governmental entity under Subsection (b-1)(1) must be obtained through the governmental entity's secure access portal.
(c) It is a defense to an action initiated by the department for a violation of this section that the operator of the facility unsuccessfully attempted in writing or electronically to obtain information from the governmental entity with which the vehicle is registered.
(d) A notice under this section must:
(1) be correctly addressed;
(2) carry sufficient postage; and
(3) be sent by certified mail, return receipt requested or electronic certified mail.
(e) A notice under this section is considered to have been given on the date indicated on the postmark and to be timely filed if:
(1) the postmark indicates that the notice was mailed within the period described by Subsection (a) or (b), as applicable; or
(2) the notice was published as provided by Section 2303.152 .
(f) If the operator of a vehicle storage facility sends a notice required under this section after the time prescribed by Subsection (a) or (b):
(1) the deadline for sending any subsequent notice is determined based on the date notice required by this section is actually sent;
(2) the operator may not begin to charge the daily storage fee authorized under Section 2303.155 (b)(3) for the vehicle that is the subject of the notice until 24 hours after the operator sends the notice required under this section; and
(3) the ability of the operator to seek foreclosure of a lien for storage charges on the vehicle that is the subject of the notice is not affected.
(g) Notwithstanding any other law, a state agency or county office may not require proof of delivery of a notice sent under this section in order to issue a title for the vehicle that is the subject of the notice if proof is provided that the notice was mailed in accordance with this section.

Legislative History

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1034, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094 ), Sec. 1.07, eff. September 1, 2007. Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501 ), Sec. 3, eff. June 15, 2017. Acts 2017, 85th Leg., R.S., Ch. 1001 (H.B. 1247 ), Sec. 1, eff. June 15, 2017.