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 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 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.
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.
Structure Texas Statutes
Title 14 - Regulation of Motor Vehicles and Transportation
Subtitle A - Regulations Related to Motor Vehicles
Chapter 2303 - Vehicle Storage Facilities
Subchapter D. Practice by License Holder
Section 2303.151. Notice to Vehicle Owner or Lienholder
Section 2303.1511. Vehicle Storage Facility's Duty to Report After Accepting Unauthorized Vehicle
Section 2303.152. Notice by Publication
Section 2303.1521. Certain Vehicles With State of Registration Unknown
Section 2303.153. Contents of Notice
Section 2303.154. Second Notice; Consent to Sale
Section 2303.1545. Disposition of Abandoned Nuisance Vehicle
Section 2303.155. Charges Related to Storage
Section 2303.1551. Required Posting
Section 2303.1552. Biennial Adjustment of Certain Fees
Section 2303.156. Payment by Lienholder or Insurance Company
Section 2303.157. Disposal of Certain Abandoned Vehicles
Section 2303.159. Forms of Payment of Charges