CHAPTER 683. ABANDONED MOTOR VEHICLES - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE H. PARKING, TOWING, AND STORAGE OF VEHICLES

CHAPTER 683. ABANDONED MOTOR VEHICLES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 683.001. DEFINITIONS. In this chapter:

(1) "Department" means the Texas Department of Motor Vehicles.

(2) "Garagekeeper" means an owner or operator of a storage

facility.

(3) "Law enforcement agency" means:

(A) the Department of Public Safety;

(B) the police department of a municipality;

(C) the police department of an institution of higher education;

or

(D) a sheriff or a constable.

(4) "Motor vehicle" means a vehicle that is subject to

registration under Chapter 501.

(5) "Motor vehicle demolisher" means a person in the business

of:

(A) converting motor vehicles into processed scrap or scrap

metal; or

(B) wrecking or dismantling motor vehicles.

(6) "Outboard motor" means an outboard motor subject to

registration under Chapter 31, Parks and Wildlife Code.

(7) "Storage facility" includes a garage, parking lot, or

establishment for the servicing, repairing, or parking of motor

vehicles.

(8) "Watercraft" means a vessel subject to registration under

Chapter 31, Parks and Wildlife Code.

(9) "Abandoned nuisance vehicle" means a motor vehicle that is

at least 10 years old and is of a condition only to be junked,

crushed, or dismantled.

(10) "Vehicle storage facility" means a vehicle storage

facility, as defined by Section 2303.002, Occupations Code, that

is operated by a person who holds a license issued under Chapter

2303 of that code to operate that vehicle storage facility.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 1034, Sec. 14, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 2R.01, eff. September 1, 2009.

Sec. 683.002. ABANDONED MOTOR VEHICLE. (a) For the purposes of

this chapter, a motor vehicle is abandoned if the motor vehicle:

(1) is inoperable, is more than five years old, and has been

left unattended on public property for more than 48 hours;

(2) has remained illegally on public property for more than 48

hours;

(3) has remained on private property without the consent of the

owner or person in charge of the property for more than 48 hours;

(4) has been left unattended on the right-of-way of a designated

county, state, or federal highway for more than 48 hours;

(5) has been left unattended for more than 24 hours on the

right-of-way of a turnpike project constructed and maintained by

the Texas Turnpike Authority division of the Texas Department of

Transportation or a controlled access highway; or

(6) is considered an abandoned motor vehicle under Section

644.153(r).

(b) In this section, "controlled access highway" has the meaning

assigned by Section 541.302.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.157(a), eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 359, Sec. 7, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 16.06, eff. Sept.

1, 2003.

Sec. 683.003. CONFLICT OF LAWS; EFFECT ON OTHER LAWS. (a)

Sections 683.051-683.055 may not be read as conflicting with

Sections 683.074-683.078.

(b) This chapter does not affect a law authorizing the immediate

removal of a vehicle left on public property that is an

obstruction to traffic.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. ABANDONED MOTOR VEHICLES: SEIZURE AND AUCTION

Sec. 683.011. AUTHORITY TO TAKE ABANDONED MOTOR VEHICLE INTO

CUSTODY. (a) A law enforcement agency may take into custody an

abandoned motor vehicle, watercraft, or outboard motor found on

public or private property.

(b) A law enforcement agency may use agency personnel,

equipment, and facilities or contract for other personnel,

equipment, and facilities to remove, preserve, store, send notice

regarding, and dispose of an abandoned motor vehicle, watercraft,

or outboard motor taken into custody by the agency under this

subchapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

737, Sec. 1, eff. September 1, 2005.

Sec. 683.012. TAKING ABANDONED MOTOR VEHICLE INTO CUSTODY:

NOTICE. (a) A law enforcement agency shall send notice of

abandonment to:

(1) the last known registered owner of each motor vehicle,

watercraft, or outboard motor taken into custody by the agency or

for which a report is received under Section 683.031; and

(2) each lienholder recorded under Chapter 501 for the motor

vehicle or under Chapter 31, Parks and Wildlife Code, for the

watercraft or outboard motor.

(b) The notice under Subsection (a) must:

(1) be sent by certified mail not later than the 10th day after

the date the agency:

(A) takes the abandoned motor vehicle, watercraft, or outboard

motor into custody; or

(B) receives the report under Section 683.031;

(2) specify the year, make, model, and identification number of

the item;

(3) give the location of the facility where the item is being

held;

(4) inform the owner and lienholder of the right to claim the

item not later than the 20th day after the date of the notice on

payment of:

(A) towing, preservation, and storage charges; or

(B) garagekeeper's charges and fees under Section 683.032 and,

if the vehicle is a commercial motor vehicle impounded under

Section 644.153(q), the delinquent administrative penalty and

costs; and

(5) state that failure of the owner or lienholder to claim the

item during the period specified by Subdivision (4) is:

(A) a waiver by that person of all right, title, and interest in

the item; and

(B) consent to the sale of the item at a public auction.

(c) Notice by publication in one newspaper of general

circulation in the area where the motor vehicle, watercraft, or

outboard motor was abandoned is sufficient notice under this

section if:

(1) the identity of the last registered owner cannot be

determined;

(2) the registration has no address for the owner; or

(3) the determination with reasonable certainty of the identity

and address of all lienholders is impossible.

(d) Notice by publication:

(1) must be published in the same period that is required by

Subsection (b) for notice by certified mail and contain all of

the information required by that subsection; and

(2) may contain a list of more than one abandoned motor vehicle,

watercraft, or outboard motor.

(e) A law enforcement agency is not required to send a notice,

as otherwise required by Subsection (a), if the agency has

received notice from a vehicle storage facility that an

application has or will be submitted to the department for the

disposal of the vehicle.

(f) In addition to the notice required under Subsection (a), if

a law enforcement agency takes an abandoned motor vehicle into

custody, the agency shall notify a person that files a theft

report or similar report prepared by any law enforcement agency

for the vehicle of that fact. The notice must be sent by regular

mail on the next business day after the agency takes the vehicle

into custody. The law enforcement agency shall also provide the

name and address of the person that filed the theft report or

similar report to the vehicle storage facility or governmental

vehicle storage facility that is storing the vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 359, Sec. 8, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1034, Sec. 15, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1325, Sec. 16.07, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1046, Sec. 4.01, eff. September 1, 2007.

Sec. 683.013. STORAGE FEES. A law enforcement agency or the

agent of a law enforcement agency that takes into custody an

abandoned motor vehicle, watercraft, or outboard motor is

entitled to reasonable storage fees:

(1) for not more than 10 days, beginning on the day the item is

taken into custody and ending on the day the required notice is

mailed; and

(2) beginning on the day after the day the agency mails notice

and ending on the day accrued charges are paid and the vehicle,

watercraft, or outboard motor is removed.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 683.014. AUCTION OR USE OF ABANDONED ITEMS; WAIVER OF

RIGHTS. (a) If an abandoned motor vehicle, watercraft, or

outboard motor is not claimed under Section 683.012:

(1) the owner or lienholder:

(A) waives all rights and interests in the item; and

(B) consents to the sale of the item by public auction or the

transfer of the item, if a watercraft, as provided by Subsection

(d); and

(2) the law enforcement agency may sell the item at a public

auction, transfer the item, if a watercraft, as provided by

Subsection (d), or use the item as provided by Section 683.016.

(b) Proper notice of the auction shall be given. A garagekeeper

who has a garagekeeper's lien shall be notified of the time and

place of the auction.

(c) The purchaser of a motor vehicle, watercraft, or outboard

motor:

(1) takes title free and clear of all liens and claims of

ownership;

(2) shall receive a sales receipt from the law enforcement

agency; and

(3) is entitled to register the motor vehicle, watercraft, or

outboard motor and receive a certificate of title.

(d) On consent of the Parks and Wildlife Department, the law

enforcement agency may transfer a watercraft that is not claimed

under Section 683.012 to the Parks and Wildlife Department for

use as part of an artificial reef under Chapter 89, Parks and

Wildlife Code, or for other use by the Parks and Wildlife

Department permitted under the Parks and Wildlife Code. On

transfer of the watercraft, the Parks and Wildlife Department:

(1) takes title free and clear of all liens and claims of

ownership; and

(2) is entitled to register the watercraft and receive a

certificate of title.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

190, Sec. 2, eff. May 27, 2005.

Sec. 683.015. AUCTION PROCEEDS. (a) A law enforcement agency

is entitled to reimbursement from the proceeds of the sale of an

abandoned motor vehicle, watercraft, or outboard motor for:

(1) the cost of the auction;

(2) towing, preservation, and storage fees resulting from the

taking into custody; and

(3) the cost of notice or publication as required by Section

683.012.

(b) After deducting the reimbursement allowed under Subsection

(a), the proceeds of the sale shall be held for 90 days for the

owner or lienholder of the vehicle.

(c) After the period provided by Subsection (b), proceeds

unclaimed by the owner or lienholder shall be deposited in an

account that may be used for the payment of auction, towing,

preservation, storage, and notice and publication fees resulting

from taking other vehicles, watercraft, or outboard motors into

custody if the proceeds from the sale of the other items are

insufficient to meet those fees.

(d) A municipality or county may transfer funds in excess of

$1,000 from the account to the municipality's or county's general

revenue account to be used by the law enforcement agency.

(e) If the vehicle is a commercial motor vehicle impounded under

Section 644.153(q), the Department of Public Safety is entitled

from the proceeds of the sale to an amount equal to the amount of

the delinquent administrative penalty and costs.

(f) A county law enforcement agency may use funds received from

the sale of a motor vehicle abandoned as a result of a vehicular

pursuit involving the law enforcement agency and transferred

under Subsection (d) to compensate property owners whose property

was damaged as a result of the pursuit, regardless of whether the

agency would be liable under Chapter 101, Civil Practice and

Remedies Code. A payment for compensation under this subsection

may not exceed any of the following amounts:

(1) the net proceeds received from the sale of the motor vehicle

abandoned as a result of the pursuit;

(2) $1,000 per property owner, if more than one property owner's

property is damaged as a result of the pursuit; or

(3) the amount of the property owner's insurance deductible.

(g) Before a law enforcement agency may compensate a property

owner under Subsection (f) using funds transferred to a county

under Subsection (d), the sheriff or constable must submit the

proposed payment for compensation for consideration, and the

commissioners court shall consider the proposed payment for

compensation, at the next regularly scheduled meeting of the

commissioners court.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 359, Sec. 9, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1325, Sec. 16.08, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

304, Sec. 1, eff. June 19, 2009.

Sec. 683.016. LAW ENFORCEMENT AGENCY USE OF CERTAIN ABANDONED

MOTOR VEHICLES. (a) The law enforcement agency that takes an

abandoned motor vehicle into custody that is not claimed under

Section 683.012 may:

(1) use the vehicle for agency purposes; or

(2) transfer the vehicle to any other municipal or county

agency, a groundwater conservation district governed by Chapter

36, Water Code, or a school district for the use of that agency

or district.

(b) The law enforcement agency shall auction the vehicle as

provided by this subchapter if the law enforcement agency or the

municipal or county agency, groundwater conservation district, or

school district to which the vehicle was transferred under

Subsection (a) discontinues use of the vehicle.

(c) This section does not apply to an abandoned vehicle on which

there is a garagekeeper's lien.

(d) This section does not apply to a vehicle that is:

(1) taken into custody by a law enforcement agency located in a

county with a population of 2.4 million or more; and

(2) removed to a privately owned storage facility.

(e) A law enforcement agency must comply with the notice

requirements of Section 683.012 before the law enforcement agency

may transfer a vehicle under Subsection (a)(2).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

446, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

941, Sec. 2, eff. September 1, 2009.

SUBCHAPTER C. VEHICLE ABANDONED IN STORAGE FACILITY

Sec. 683.031. GARAGEKEEPER'S DUTY: ABANDONED MOTOR VEHICLES.

(a) A motor vehicle is abandoned if the vehicle is left in a

storage facility operated for commercial purposes after the 10th

day after the date on which:

(1) the garagekeeper gives notice by registered or certified

mail, return receipt requested, to the last known registered

owner of the vehicle and to each lienholder of record of the

vehicle under Chapter 501 to remove the vehicle;

(2) a contract for the vehicle to remain on the premises of the

facility expires; or

(3) the vehicle was left in the facility, if the vehicle was

left by a person other than the registered owner or a person

authorized to have possession of the vehicle under a contract of

use, service, storage, or repair.

(b) If notice sent under Subsection (a)(1) is returned unclaimed

by the post office, substituted notice is sufficient if published

in one newspaper of general circulation in the area where the

vehicle was left.

(c) The garagekeeper shall report the abandonment of the motor

vehicle to a law enforcement agency with jurisdiction where the

vehicle is located and shall pay a $10 fee to be used by the law

enforcement agency for the cost of the notice required by this

subchapter or other cost incurred in disposing of the vehicle.

(d) The garagekeeper shall retain custody of an abandoned motor

vehicle until the law enforcement agency takes the vehicle into

custody under Section 683.034.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

737, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

216, Sec. 1, eff. September 1, 2007.

Sec. 683.032. GARAGEKEEPER'S FEES AND CHARGES. (a) A

garagekeeper who acquires custody of a motor vehicle for a

purpose other than repair is entitled to towing, preservation,

and notification charges and reasonable storage fees, in addition

to storage fees earned under a contract, for each day:

(1) not to exceed five days, until the notice described by

Section 683.031(a) is mailed; and

(2) after notice is mailed, until the vehicle is removed and all

accrued charges are paid.

(b) A garagekeeper who fails to report an abandoned motor

vehicle to a law enforcement agency within seven days after the

date it is abandoned may not claim reimbursement for storage of

the vehicle.

(c) This subchapter does not impair any lien that a garagekeeper

has on a vehicle except for the termination or limitation of

claim for storage for the failure to report the vehicle to the

law enforcement agency.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.158(a), eff.

Sept. 1, 1997.

Sec. 683.033. UNAUTHORIZED STORAGE FEE; OFFENSE. (a) A person

commits an offense if the person charges a storage fee for a

period for which the fee is not authorized by Section 683.032.

(b) An offense under this subsection is a misdemeanor punishable

by a fine of not less than $200 or more than $1,000.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 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. 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.158(b), eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1034, Sec. 16, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

737, Sec. 3, eff. September 1, 2005.

SUBCHAPTER D. DEMOLITION OF ABANDONED MOTOR VEHICLES

Sec. 683.051. APPLICATION FOR AUTHORIZATION TO DISPOSE OF

CERTAIN MOTOR VEHICLES. A person may apply to the department for

authority:

(1) to sell, give away, or dispose of a motor vehicle to a motor

vehicle demolisher if:

(A) the person owns the motor vehicle and the certificate of

title to the vehicle is lost, destroyed, or faulty; or

(B) the vehicle is an abandoned motor vehicle and is:

(i) in the possession of the person; or

(ii) located on property owned by the person; or

(2) to dispose of a motor vehicle to a motor vehicle demolisher

for demolition, wrecking, or dismantling if:

(A) the abandoned motor vehicle:

(i) is in the possession of the person;

(ii) is more than eight years old;

(iii) either has no motor or is otherwise totally inoperable or

does not comply with all applicable air pollution emissions

control related requirements included in: (aa) the vehicle

inspection requirements under Chapter 548, as evidenced by a

current inspection certificate affixed to the vehicle windshield;

or (bb) the vehicle emissions inspection and maintenance

requirements contained in the Public Safety Commission's motor

vehicle emissions inspection and maintenance program under

Subchapter F, Chapter 548, or the state's air quality state

implementation plan; and

(iv) was authorized to be towed by a law enforcement agency; and

(B) the law enforcement agency approves the application.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 612, Sec. 1, eff. Sept. 1,

1999.

Sec. 683.052. CONTENTS OF APPLICATION; APPLICATION FEE. (a) An

application under Section 683.051 must:

(1) contain the name and address of the applicant;

(2) state the year, make, model, and vehicle identification

number of the vehicle, if ascertainable, and any other

identifying feature of the vehicle; and

(3) include:

(A) a concise statement of facts about the abandonment;

(B) a statement that the certificate of title is lost or

destroyed; or

(C) a statement of the reasons for the defect in the owner's

certificate of title for the vehicle.

(b) An application under Section 683.051(2) must also include an

affidavit containing a statement of the facts that make that

subdivision applicable.

(c) The applicant shall make an affidavit stating that:

(1) the facts stated in the application are true; and

(2) no material fact has been withheld.

(d) The application must be accompanied by a fee of $2, unless

the application is made by a unit of government. Fees collected

under this subsection shall be deposited to the credit of the

state highway fund.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 683.053. DEPARTMENT TO PROVIDE NOTICE. Except as provided

by Section 683.054(b), the department shall give notice as

provided by Section 683.012 if it determines that an application

under Section 683.051 is:

(1) executed in proper form; and

(2) shows that:

(A) the abandoned motor vehicle is in the possession of the

applicant or has been abandoned on the applicant's property; or

(B) the vehicle is not an abandoned motor vehicle and the

applicant appears to be the owner of the vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 683.054. CERTIFICATE OF AUTHORITY TO DISPOSE OF VEHICLE.

(a) The department shall issue the applicant a certificate of

authority to dispose of the vehicle to a motor vehicle demolisher

for demolition, wrecking, or dismantling if notice under Section

683.053 was given and the vehicle was not claimed as provided by

the notice.

(b) Without giving the notice required by Section 683.053, the

department may issue to an applicant under Section 683.051(2) a

certificate of authority to dispose of the motor vehicle to a

demolisher if the vehicle meets the requirements of Sections

683.051(2)(A)(ii) and (iii).

(c) A motor vehicle demolisher shall accept the certificate of

authority in lieu of a certificate of title for the vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 612, Sec. 2, eff. Sept. 1,

1999.

Sec. 683.055. RULES AND FORMS. The department may adopt rules

and prescribe forms to implement Sections 683.051-683.054.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 683.056. DEMOLISHER'S DUTY. (a) A motor vehicle

demolisher who acquires a motor vehicle for dismantling or

demolishing shall obtain from the person delivering the vehicle:

(1) the motor vehicle's certificate of title;

(2) a sales receipt for the motor vehicle;

(3) a transfer document for the vehicle as provided by

Subchapter B or Subchapter E; or

(4) a certificate of authority for the disposal of the motor

vehicle.

(b) A demolisher is not required to obtain a certificate of

title for the vehicle in the demolisher's name.

(c) On the department's demand, the demolisher shall surrender

for cancellation the certificate of title or certificate of

authority.

(d) The department shall adopt rules and forms necessary to

regulate the surrender of auction sales receipts and certificates

of title.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 683.057. DEMOLISHER'S RECORDS; OFFENSE. (a) A motor

vehicle demolisher shall keep a record of a motor vehicle that is

acquired in the course of business.

(b) The record must contain:

(1) the name and address of the person from whom the vehicle was

acquired; and

(2) the date of acquisition of the vehicle.

(c) The demolisher shall keep the record until the first

anniversary of the date of acquisition of the vehicle.

(d) The record shall be open to inspection by the department or

any law enforcement agency at any time during normal business

hours.

(e) A motor vehicle demolisher commits an offense if the

demolisher fails to keep a record as provided by this section.

(f) An offense under Subsection (e) is a misdemeanor punishable

by:

(1) a fine of not less than $100 or more than $1,000;

(2) confinement in the county jail for a term of not less than

10 days or more than six months; or

(3) both the fine and confinement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER E. JUNKED VEHICLES: PUBLIC NUISANCE; ABATEMENT

Sec. 683.071. DEFINITION. In this subchapter, "junked vehicle"

means a vehicle that is self-propelled and:

(1) does not have lawfully attached to it:

(A) an unexpired license plate; and

(B) a valid motor vehicle inspection certificate; and

(2) is:

(A) wrecked, dismantled or partially dismantled, or discarded;

or

(B) inoperable and has remained inoperable for more than:

(i) 72 consecutive hours, if the vehicle is on public property;

or

(ii) 30 consecutive days, if the vehicle is on private property.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 746, Sec. 1, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 798, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

500, Sec. 1, eff. September 1, 2007.

Sec. 683.0711. MUNICIPAL REQUIREMENTS. An ordinance adopted by

a governing body of a municipality may provide for a more

inclusive definition of a junked vehicle subject to regulation

under this subchapter.

Added by Acts 2003, 78th Leg., ch. 1073, Sec. 1, eff. Sept. 1,

2003.

Sec. 683.072. JUNKED VEHICLE DECLARED TO BE PUBLIC NUISANCE. A

junked vehicle, including a part of a junked vehicle, that is

visible at any time of the year from a public place or public

right-of-way:

(1) is detrimental to the safety and welfare of the public;

(2) tends to reduce the value of private property;

(3) invites vandalism;

(4) creates a fire hazard;

(5) is an attractive nuisance creating a hazard to the health

and safety of minors;

(6) produces urban blight adverse to the maintenance and

continuing development of municipalities; and

(7) is a public nuisance.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 1073, Sec. 2.

Sec. 683.073. OFFENSE. (a) A person commits an offense if the

person maintains a public nuisance described by Section 683.072.

(b) An offense under this section is a misdemeanor punishable by

a fine not to exceed $200.

(c) The court shall order abatement and removal of the nuisance

on conviction.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 683.074. AUTHORITY TO ABATE NUISANCE; PROCEDURES. (a) A

municipality or county may adopt procedures that conform to this

subchapter for the abatement and removal from private or public

property or a public right-of-way of a junked vehicle or part of

a junked vehicle as a public nuisance.

(b) The procedures must:

(1) prohibit a vehicle from being reconstructed or made operable

after removal;

(2) require a public hearing on request of a person who receives

notice as provided by Section 683.075 if the request is made not

later than the date by which the nuisance must be abated and

removed; and

(3) require that notice identifying the vehicle or part of the

vehicle be given to the department not later than the fifth day

after the date of removal.

(c) An appropriate court of the municipality or county may issue

necessary orders to enforce the procedures.

(d) Procedures for abatement and removal of a public nuisance

must be administered by regularly salaried, full-time employees

of the municipality or county, except that any authorized person

may remove the nuisance.

(e) A person authorized to administer the procedures may enter

private property to examine a public nuisance, to obtain

information to identify the nuisance, and to remove or direct the

removal of the nuisance.

(f) On receipt of notice of removal under Subsection (b)(3), the

department shall immediately cancel the certificate of title

issued for the vehicle.

(g) The procedures may provide that the relocation of a junked

vehicle that is a public nuisance to another location in the same

municipality or county after a proceeding for the abatement and

removal of the public nuisance has commenced has no effect on the

proceeding if the junked vehicle constitutes a public nuisance at

the new location.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1226, Sec. 1, eff. June 18,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

500, Sec. 2, eff. September 1, 2007.

Sec. 683.075. NOTICE. (a) The procedures for the abatement and

removal of a public nuisance under this subchapter must provide

not less than 10 days' notice of the nature of the nuisance. The

notice must be personally delivered, sent by certified mail with

a five-day return requested, or delivered by the United States

Postal Service with signature confirmation service to:

(1) the last known registered owner of the nuisance;

(2) each lienholder of record of the nuisance; and

(3) the owner or occupant of:

(A) the property on which the nuisance is located; or

(B) if the nuisance is located on a public right-of-way, the

property adjacent to the right-of-way.

(b) The notice must state that:

(1) the nuisance must be abated and removed not later than the

10th day after the date on which the notice was personally

delivered or mailed; and

(2) any request for a hearing must be made before that 10-day

period expires.

(c) If the post office address of the last known registered

owner of the nuisance is unknown, notice may be placed on the

nuisance or, if the owner is located, personally delivered.

(d) If notice is returned undelivered, action to abate the

nuisance shall be continued to a date not earlier than the 11th

day after the date of the return.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 413, Sec. 13, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

369, Sec. 1, eff. June 15, 2007.

Sec. 683.076. HEARING. (a) The governing body of the

municipality or county or a board, commission, or official

designated by the governing body shall conduct hearings under the

procedures adopted under this subchapter.

(b) If a hearing is requested by a person for whom notice is

required under Section 683.075(a)(3), the hearing shall be held

not earlier than the 11th day after the date of the service of

notice.

(c) At the hearing, the junked motor vehicle is presumed, unless

demonstrated otherwise by the owner, to be inoperable.

(d) If the information is available at the location of the

nuisance, a resolution or order requiring removal of the nuisance

must include the vehicle's:

(1) description;

(2) vehicle identification number; and

(3) license plate number.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 683.0765. ALTERNATIVE PROCEDURE FOR ADMINISTRATIVE HEARING.

A municipality by ordinance may provide for an administrative

adjudication process under which an administrative penalty may be

imposed for the enforcement of an ordinance adopted under this

subchapter. If a municipality provides for an administrative

adjudication process under this section, the municipality shall

use the procedure described by Section 54.044, Local Government

Code.

Added by Acts 2001, 77th Leg., ch. 413, Sec. 14, eff. Sept. 1,

2001.

Sec. 683.077. INAPPLICABILITY OF SUBCHAPTER. (a) Procedures

adopted under Section 683.074 or 683.0765 may not apply to a

vehicle or vehicle part:

(1) that is completely enclosed in a building in a lawful manner

and is not visible from the street or other public or private

property; or

(2) that is stored or parked in a lawful manner on private

property in connection with the business of a licensed vehicle

dealer or junkyard, or that is an antique or special interest

vehicle stored by a motor vehicle collector on the collector's

property, if the vehicle or part and the outdoor storage area, if

any, are:

(A) maintained in an orderly manner;

(B) not a health hazard; and

(C) screened from ordinary public view by appropriate means,

including a fence, rapidly growing trees, or shrubbery.

(b) In this section:

(1) "Antique vehicle" means a passenger car or truck that is at

least 25 years old.

(2) "Motor vehicle collector" means a person who:

(A) owns one or more antique or special interest vehicles; and

(B) acquires, collects, or disposes of an antique or special

interest vehicle or part of an antique or special interest

vehicle for personal use to restore and preserve an antique or

special interest vehicle for historic interest.

(3) "Special interest vehicle" means a motor vehicle of any age

that has not been changed from original manufacturer's

specifications and, because of its historic interest, is being

preserved by a hobbyist.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 413, Sec. 15, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1431, Sec. 1, eff. Sept. 1, 2001.

Sec. 683.078. JUNKED VEHICLE DISPOSAL. (a) A junked vehicle,

including a part of a junked vehicle, may be removed to a

scrapyard, a motor vehicle demolisher, or a suitable site

operated by a municipality or county.

(b) A municipality or county may operate a disposal site if its

governing body determines that commercial disposition of junked

vehicles is not available or is inadequate. A municipality or

county may:

(1) finally dispose of a junked vehicle or vehicle part; or

(2) transfer it to another disposal site if the disposal is

scrap or salvage only.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.