This section allows notice to the vehicle’s registered owner and primary lienholder to be given by publication in specified situations, and it requires the department to link to approved third-party notice websites.
Sec. 2303.152. NOTICE BY PUBLICATION. (a) Notice to the registered owner and the primary lienholder of a vehicle towed to a vehicle storage facility may be provided by publication in a newspaper of general circulation in the county in which the vehicle is stored or on a publicly available Internet website maintained by a department-approved third party if: (1) the vehicle is registered in another state; (2) the operator of the storage facility submits to the governmental entity responsible for maintaining the motor vehicle title and registration database for the state in which the vehicle is registered a request for information relating to the identity of the registered owner and any lienholder of record that is either: (A) written; or (B) electronic, through the governmental entity's secure access portal; (3) the identity of the registered owner cannot be determined; (4) the registration does not contain an address for the registered owner; or (5) the operator of the storage facility cannot reasonably determine the identity and address of each lienholder. (b) A written request under Subsection (a)(2)(A) must: (1) be correctly addressed; (2) carry sufficient postage; and (3) be sent by certified mail, return receipt requested, or electronic certified mail. (b-1) An electronic request under Subsection (a)(2)(B) must be submitted either: (1) directly to the governmental entity through the governmental entity's secure access portal; or (2) to a private entity authorized by the 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. (c) Notice by publication is not required if each notice sent as provided by Section 2303.151 is returned because: (1) the notice was unclaimed or refused; or (2) the person to whom the notice was sent moved without leaving a forwarding address. (d) Only one notice is required to be published for an abandoned nuisance vehicle. (e) Notice to the registered owner and the primary lienholder of a vehicle towed to a vehicle storage facility may be provided by publication in a newspaper of general circulation in the county in which the vehicle is stored or on a publicly available Internet website maintained by a department-approved third party if: (1) the vehicle does not display a license plate or a vehicle inspection certificate indicating the state of registration; (2) the identity of the registered owner cannot reasonably be determined by the operator of the storage facility; or (3) the operator of the storage facility cannot reasonably determine the identity and address of each lienholder. (f) The department shall include on the department's Internet website a link to any Internet website maintained by a department-approved third party where notice may be provided under Subsection (a) or (e). 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(a), eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 737 (H.B. 2630), Sec. 9, eff. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 1001 (H.B. 1247), Sec. 2, eff. June 15, 2017. Acts 2025, 89th Leg., R.S., Ch. 644 (H.B. 3928), Sec. 1, eff. September 1, 2025.