1. (a) Applicability. If a vehicle is removed by the vehicle owner within 24 hours after the VSF receives the vehicle, notification as described in subsections (b) - (i) does not apply.

2. (b) Notification to owners of registered vehicles. Registered owners of towed vehicles shall be notified in the following manner.

   1. (1) Vehicles registered in Texas. After accepting for storage a vehicle registered in Texas, the VSF shall notify the vehicle's current registered owner and primary lien holder by certified mail, return receipt requested, registered, or electronic certified mail within five days, but in no event sooner than within 24 hours of receipt of the vehicle.
   2. (2) Vehicles not registered in Texas. After accepting for storage a vehicle not registered in Texas, the VSF shall notify the vehicle's current registered owner and all recorded lien holders within 14 days, but in no event sooner than within 24 hours of receipt of the vehicle.
3. (c) It is a defense to an action initiated by the department for violation of this section that the facility has attempted unsuccessfully and in writing or electronically to obtain information from the governmental entity with which the vehicle is registered by requesting the names and addresses of registered owners and lien holders based on the license plate number and vehicle identification number.

4. (d) Date of notification. Notification will be considered to have occurred when the United States Postal Service places its postmark and to be timely filed if:

   1. (1) the postmark indicates that the notice was mailed within the period described by subsection (a) or (b); or
   2. (2) the notice was published as provided for by subsection (e).

5. (e) Notice by publication. Notice to the registered owner and the primary lienholder of a vehicle towed to a VSF may be provided by publication in a newspaper of general circulation in the county in which the vehicle is stored if:

   1. (1) the vehicle is registered in another state;
   2. (2) the operator of the storage facility submits to the governmental entity with which the vehicle is registered a written request for information relating to the identity of the registered owner and any lienholder of record;
   3. (3) the identity of the registered owner cannot be determined;
   4. (4) the registration does not contain an address for the registered owner; or
   5. (5) the operator of the storage facility cannot reasonably determine the identity and address of each lienholder.

6. (f) Notice by publication is not required if each notice sent in accordance with subsection (b) is returned because:

   1. (1) the notice was unclaimed or refused; or
   2. (2) the person to whom the notice was sent moved without leaving a forwarding address.
7. (g) Only one notice is required to be published for an abandoned nuisance vehicle.

8. (h) Form of notifications. All mailed notifications must be correctly addressed; mailed with sufficient postage; and sent by certified mail, return receipt requested, registered, or electronic certified mail.

   1. (1) All mailed notifications shall state:

      1. (A) the full licensed name of the VSF where the motor vehicle is located, its street address and telephone number, and the hours the vehicle can be released to the vehicle owner;
      2. (B) the daily storage rate, the type and amount of all other charges assessed, and the statement, "Total storage charges cannot be computed until vehicle is claimed. The storage charge will accrue daily until vehicle is released";
      3. (C) the first date for which a storage fee is assessed;
      4. (D) the date the vehicle will be transferred from the VSF and the address to which the vehicle will be transferred if the operator will be transferring a vehicle to a second lot because the vehicle has not been claimed within a certain time;
      5. (E) the date the vehicle was accepted for storage and from where, when, and by whom the vehicle was towed;
      6. (F) the VSF license number preceded by the words "Texas Department of Licensing and Regulation Vehicle Storage Facility License Number" or "TDLR VSF Lic. No.";
      7. (G) a notice of the towed vehicle owner's right under Texas Occupations Code, Chapter 2308, to challenge the legality of the tow involved; and
      8. (H) the name, mailing address, and toll-free telephone number of the department for purposes of directing questions or complaints.

   2. (2) All published notifications shall state:

      1. (A) the full name, street address, telephone number, and VSF license number of the VSF, and the Department's internet address;
      2. (B) a description of the vehicle; and
      3. (C) the total amount of charges assessed against the vehicle.
   3. (3) Notices published in a newspaper may contain information for more than one towed vehicle.
9. (i) If authorized, a notification fee may not be charged unless the notification is actually sent or performed before the vehicle is released.

Source Note:The provisions of this §85.703 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective May 3, 2010, 35 TexReg 3482; amended to be effective January 16, 2012, 37 TexReg 112; amended to be effective March 15, 2014, 39 TexReg 1704.