A law enforcement agency must take custody of an abandoned vehicle left in a storage facility after the notice period, and may later use or auction it. If sold, proceeds are paid first to garagekeeper charges, with the agency keeping a small amount for expenses and distributing any surplus as required. After 31 days, the agency may not take custody, and the storage facility may dispose of the vehicle under specified laws.
Sec. 683.034. DISPOSAL OF VEHICLE ABANDONED IN STORAGE FACILITY. (a) A law enforcement agency shall take into custody an abandoned vehicle left in a storage facility that has not been claimed in the period provided by the notice under Section 683.012. In this section, a law enforcement agency has custody if the agency: (1) has physical custody of the vehicle; (2) has given notice to the storage facility that the law enforcement agency intends to dispose of the vehicle under this section; or (3) has received a report under Section 683.031(c) and the garagekeeper has met all of the requirements of that subsection. (b) The law enforcement agency may use the vehicle as authorized by Section 683.016 or sell the vehicle at auction as provided by Section 683.014. If a vehicle is sold, the proceeds of the sale shall first be applied to a garagekeeper's charges for providing notice regarding the vehicle and for service, towing, impoundment, storage, and repair of the vehicle. (c) As compensation for expenses incurred in taking the vehicle into custody and selling it, the law enforcement agency shall retain: (1) two percent of the gross proceeds of the sale of the vehicle; or (2) all the proceeds if the gross proceeds of the sale are less than $10. (d) Surplus proceeds shall be distributed as provided by Section 683.015. (e) If the law enforcement agency does not take the vehicle into custody before the 31st day after the date the vehicle was reported abandoned under Section 683.031: (1) the law enforcement agency may not take the vehicle into custody; and (2) the storage facility may dispose of the vehicle under: (A) Chapter 70, Property Code, except that notice under Section 683.012 satisfies the notice requirements of that chapter; or (B) Chapter 2303, Occupations Code, if the storage facility is a vehicle storage facility. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.158(b), eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1034, Sec. 16, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 737 (H.B. 2630), Sec. 3, eff. September 1, 2005. SUBCHAPTER D. DEMOLITION OF MOTOR VEHICLES