This section sets the notice, title, sale, and surplus-proceeds rules for salvage pool operators handling certain insured motor vehicles.
Sec. 501.0935. ISSUANCE OF TITLE TO SALVAGE POOL OPERATOR. (a) In this section, "salvage pool operator" has the meaning assigned by Section 2302.001, Occupations Code. (b) This section applies only to a salvage pool operator who, on request of an insurance company, takes possession of a motor vehicle that is the subject of an insurance claim and the insurance company subsequently: (1) denies coverage with respect to the motor vehicle; or (2) does not otherwise take ownership of the motor vehicle. (b-1) An insurance company described by Subsection (b) shall notify the salvage pool operator of the denial of the claim regarding the motor vehicle or other disposition of the motor vehicle. The insurance company must include in the notice the name and address of the owner of the motor vehicle and the lienholder, if any. (c) Before the 31st day after receiving notice under Subsection (b-1), a salvage pool operator shall notify the owner of the motor vehicle and any lienholder that: (1) the owner or lienholder must remove the motor vehicle from the salvage pool operator's possession at the location specified in the notice to the owner and any lienholder not later than the 30th day after the date the notice is mailed; and (2) if the motor vehicle is not removed within the time specified in the notice, the salvage pool operator will sell the motor vehicle and retain from the proceeds any costs actually incurred by the operator in obtaining, handling, and disposing of the motor vehicle as described by Subsection (d). (d) The salvage pool operator may include in the costs described by Subsection (c)(2) only costs actually incurred by the salvage pool operator that have not been reimbursed by a third party or are not subject to being reimbursed by a third party, such as costs of notices, title searches, and towing and other costs incurred with respect to the motor vehicle. The costs described by Subsection (c)(2): (1) may not include charges for storage or impoundment of the motor vehicle; and (2) may be deducted only from the proceeds of a sale of the motor vehicle. (e) The notice required of a salvage pool operator under this section must be sent by registered or certified mail, return receipt requested. (f) If a motor vehicle is not removed from a salvage pool operator's possession before the 31st day after the date notice is mailed to the motor vehicle's owner and any lienholder under Subsection (c), the salvage pool operator may obtain from the department: (1) a salvage vehicle title for a salvage motor vehicle; or (2) a nonrepairable vehicle title for a nonrepairable motor vehicle. (g) An application for a title under Subsection (f) must: (1) be submitted to the department on a form prescribed by the department; and (2) include evidence that the notice was mailed as required by Subsection (c) to the motor vehicle owner and any lienholder. (h) A title issued under this section must be issued in the name of the salvage pool operator. (i) The department shall issue the appropriate title to a person authorized to apply for the title under this section if the department determines that the application is complete and complies with applicable law. (j) On receipt of a title under this section, the salvage pool operator shall sell the motor vehicle and retain from the proceeds of the sale the costs incurred by the salvage pool operator as permitted by Subsection (d) along with the cost of titling and selling the motor vehicle. The salvage pool operator shall pay any excess proceeds from the sale to the previous owner of the motor vehicle and the lienholder, if any. The excess proceeds must be mailed to the lienholder. (k) If the previous owner of the motor vehicle and the lienholder, if any, cannot be identified or located, any excess proceeds from the sale of the motor vehicle under Subsection (j) shall escheat to the State of Texas. The proceeds shall be administered by the comptroller and shall be disposed of in the manner provided by Chapter 74, Property Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 1136 (H.B. 1422), Sec. 2, eff. September 1, 2011.