§ 78-137. Impounding standing or parked vehicles.

(a)

Members of the police department are hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage or parking lot designated or maintained by the police department or otherwise maintained by the city, 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 state turnpike authority division of the state department of transportation or a controlled access highway; or

(6)

Is considered an abandoned motor vehicle under Texas Transportation Code § 644.153(r).

(b)

Whenever an officer removes a vehicle from a street as authorized in this section the officer shall send notice of abandonment as stated under Texas Transportation Code § 683.012.

(c)

Whenever an officer removes a vehicle from a street under this section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three days, then and in that event the officer shall immediately send or cause to be sent a written report of such removal by mail to the state highway department. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored.

(d)

In the event a vehicle is removed from a street under this section and is not claimed pursuant to Texas Transportation Code § 683.012, then:

(1)

The owner or lienholder:

a.

Waives all rights and interests in the item;

b.

Consents to the sale of the item by public auction or the transfer of the item, if a watercraft, as provided by Texas Transportation Code § 683.014(d); and

(2)

The police department may sell the item at a public auction, transfer the item, if a watercraft, as provided by Texas Transportation Code § 683.014(d), or use the item as provided by Texas Transportation Code § 683.016.

(e)

The police department 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 Texas Transportation Code § 683.012:

a.

After deducting the reimbursement allowed under this subsection, the proceeds of the sale shall be held for 90 days for the owner or lienholder of the vehicle.

b.

After the 90-day period, 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.

c.

If the vehicle is a commercial motor vehicle impounded under Texas Transportation Code § 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.

(Code 1976, § 15-87)