16 Tex. Admin. Code § 85.704

Current through Register Vol. 49, No. 48, November 29, 2024

Section 85.704 - Responsibilities of Licensee - 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 §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 RSA 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 §RSA 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 §RSA 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.

16 Tex. Admin. Code § 85.704

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 by Texas Register, Volume 43, Number 01, January 5, 2018, TexReg 0085, eff. 1/15/2018