Tex.
Transp. Code Section 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 (Taking Abandoned Motor Vehicle into Custody: Notice). 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 (Garagekeeper’s Duty: Abandoned Motor Vehicles)(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 (Law Enforcement Agency Use of Certain Abandoned Motor Vehicles) or sell the vehicle at auction as provided by Section 683.014 (Auction or Use of Abandoned Items; Waiver of Rights). 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 (Auction Proceeds).(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 (Garagekeeper’s Duty: Abandoned Motor Vehicles):(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 (Miscellaneous Liens), Property Code, except that notice under Section 683.012 (Taking Abandoned Motor Vehicle into Custody: Notice) satisfies the notice requirements of that chapter; or(B)
Chapter 2303 (Vehicle Storage Facilities), Occupations Code, if the storage facility is a vehicle storage facility.
Source:
Section 683.034 — Disposal of Vehicle Abandoned in Storage Facility, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.683.htm#683.034 (accessed May 11, 2024).
