1. (a) If a vehicle is not claimed by a person permitted to claim the vehicle or is not taken into custody by a law enforcement agency under Chapter 683, Transportation Code, before the 41st day after the date notice is mailed or published under §85.703, the operator of the VSF shall send a second notice to the registered owner and the primary lienholder of the vehicle.
2. (b) If a vehicle is not claimed by a person permitted to claim the vehicle before the 10th day after the date notice is mailed or published under §85.703, the operator of the VSF shall consider the vehicle to be abandoned and send notice of abandonment to a law enforcement agency under Chapter 683, Transportation Code.

3. (c) Notice under this section must include:

   1. (1) the information listed in §85.703(i);
   2. (2) a statement of the right of the facility to dispose of the vehicle under subsections (a) and (b);

   3. (3) a statement that the failure of the owner or lienholder to claim the vehicle and personal property before the 30th day after the date the notice is provided is:

      1. (A) a waiver by that person of all right, title, or interest in the vehicle and personal property; and
      2. (B) a consent to the sale of the vehicle at a public sale.

4. (d) Notwithstanding subsection (b), if publication is required for notice under this section, the notice must include:

   1. (1) the information listed in §85.703(i)(2); and

   2. (2) a statement that the failure of the owner or lienholder to claim the vehicle before the date of sale is:

      1. (A) a waiver of all right, title, and interest in the vehicle; and
      2. (B) a consent to the sale of the vehicle at a public sale.
5. (e) The operator shall pay any excess proceeds to the person entitled to those proceeds.

Source Note:The provisions of this §85.704 adopted to be effective April 15, 2008, 33 TexReg 2931.