Tex. Occ. Code Section 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 (Notice to Vehicle Owner or Lienholder) 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.

Source: Section 2303.152 — Notice by Publication, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­2303.­htm#2303.­152 (accessed Apr. 29, 2024).

2303.001
Short Title
2303.002
Definitions
2303.003
Exemptions
2303.051
Rulemaking: License Requirements
2303.052
Issuance of License
2303.053
Rules Regarding Payment of Fee
2303.054
Rules Restricting Advertising or Competitive Bidding
2303.055
Examination of Criminal Conviction
2303.056
Periodic Inspections
2303.057
Personnel
2303.058
Advisory Board
2303.101
Facility License Required
2303.102
License Application
2303.103
Eligibility
2303.104
Notice of Denial
2303.105
Term of License
2303.106
Procedure for Renewal
2303.151
Notice to Vehicle Owner or Lienholder
2303.152
Notice by Publication
2303.153
Contents of Notice
2303.154
Second Notice
2303.155
Charges Related to Storage
2303.156
Payment by Lienholder or Insurance Company
2303.157
Disposal of Certain Abandoned Vehicles
2303.158
Access to Glove Compartment, Console, or Other Interior Storage Area to Establish Identity or Ownership
2303.159
Forms of Payment of Charges
2303.160
Release of Vehicles
2303.161
Drug Testing of Employees
2303.201
Definitions
2303.202
Applicability
2303.203
Acceptance of Property
2303.204
Disposition of Property
2303.301
Injunction
2303.302
Criminal Penalties
2303.303
Authority to Arrest
2303.304
Administrative Penalty
2303.305
Cease and Desist Order
2303.1015
Employee License Required
2303.1511
Vehicle Storage Facility’s Duty to Report After Accepting Unauthorized Vehicle
2303.1521
Certain Vehicles with State of Registration Unknown
2303.1545
Disposition of Abandoned Nuisance Vehicle
2303.1551
Required Posting
2303.1552
Biennial Adjustment of Certain Fees

Accessed:
Apr. 29, 2024

§ 2303.152’s source at texas​.gov