Sec. 2303.154. SECOND NOTICE; CONSENT TO SALE. (a) If a vehicle is not claimed by a person permitted to claim the vehicle or a law enforcement agency has not taken an action in response to a notice under Section 683.031(c), Transportation Code, before the 15th day after the date notice is mailed or published under Section 2303.151 or 2303.152, the operator of the vehicle storage facility shall send a second notice to the registered owner and the primary lienholder of the vehicle.
(a-1) 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 send notice of abandonment to a law enforcement agency under Chapter 683, 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.
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.
Section: Previous 2303.104 2303.105 2303.106 2303.151 2303.1511 2303.152 2303.153 2303.154 2303.1545 2303.155 2303.1551 2303.156 2303.157 2303.158 2303.159 NextLast modified: September 28, 2016