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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Texas Transportation Code - TRANSP § 683.034. Disposal of Vehicle Abandoned in Storage Facility - last updated January 01, 2024 | https://codes.findlaw.com/tx/transportation-code/transp-sect-683-034/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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