§ 2303.154 — SECOND NOTICE; CONSENT TO SALE.

Texas § 2303.154

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 2303.154. SECOND NOTICE; CONSENT TO SALE. (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 Section 2303.151 or 2303.152 , the operator of the vehicle storage facility shall consider the vehicle to be abandoned and, if required by the law enforcement agency with jurisdiction where the vehicle is located, report the abandonment to the law enforcement agency. If the law enforcement agency notifies the vehicle storage facility that the agency will send notices and dispose of the abandoned vehicle under Subchapter B , Chapter 683 , Transportation Code, the vehicle storage facility shall pay the fee required under Section 683.031 , Transportation Code.
(b) Notice under this section must include:
(1) the information listed in Section 2303.153 (a);
(2) a statement of the right of the facility to dispose of the vehicle under Section 2303.157 ; and
(3) a statement that the failure of the owner or lienholder to claim the vehicle before the 30th day after the date the notice is provided is:
(A) a waiver by that person of all right, title, or interest in the vehicle; and
(B) a consent to the sale of the vehicle at a public sale.
(c) Notwithstanding Subsection (b), if publication is required for notice under this section, the notice must include:
(1) the information listed in Section 2303.153 (b); and
(2) a statement that the failure of the owner or lienholder to claim the vehicle before the date of sale is:
(A) a waiver of all right, title, and interest in the vehicle; and
(B) a consent to the sale of the vehicle at a public sale.
(d) Not earlier than the 15th day and before the 21st day after the date notice is mailed or published under Section 2303.151 or 2303.152 , the operator of a vehicle storage facility 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 not take custody of the vehicle;
(B) has not taken custody of the vehicle; or
(C) has not responded to the report.
(e) If the operator of a vehicle storage facility sends a notice required under this section outside of the time described by Subsection (d):
(1) the deadline for sending any subsequent notice is determined based on the date notice under this section is actually sent;
(2) the operator may not charge the daily storage fee authorized under Section 2303.155 (b)(3) for the vehicle that is the subject of the notice during the period beginning on the 21st day after the date that notice under Section 2303.151 is sent and ending 24 hours after notice under this section is sent; 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.
(f) 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.
(g) A report sent under Subsection (a) may, at the discretion of the law enforcement agency, contain a list of more than one vehicle, watercraft, or outboard motor.
(h) A vehicle sold in compliance with this chapter shall be titled and registered without the imposition by a county office of additional requirements not otherwise permitted by law.

Legislative History

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.627(c), eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 737 (H.B. 2630 ), Sec. 10, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 353 (H.B. 3510 ), Sec. 2, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501 ), Sec. 4, eff. June 15, 2017. Acts 2021, 87th Leg., R.S., Ch. 959 (S.B. 1817 ), Sec. 1, eff. September 1, 2021.