Relating to abandoned vehicles, and making penalties applicable

Current law requires an entity that takes custody of an abandoned vehicle to send notice of that fact to all known claimants of the vehicle no more than 20 days after taking custody of the vehicle. This bill requires such notice to be sent no more than 10 days after the entity takes custody of an abandoned vehicle. Current law requires a person to ask for a hearing regarding an abandoned vehicle or reclaim an abandoned vehicle and personal property left inside such vehicle within 10 days. The bill extends the reclamation period to 20 days. If notice is not provided and a private entity takes custody of the vehicle and sells the vehicle at auction, the bill requires the private entity to pay the lienholder from the auction proceeds as much as those proceeds can cover of the remainder owed on the vehicle loan before the private entity uses the auction proceeds for any other purpose. The bill authorizes persons to reclaim any personal property that is not attached to a vehicle from the vehicle during the normal business hours of the entity with custody of the vehicle, by providing the entity a list of the personal items inside the vehicle and paying a fee of $100. Alternatively, the entity may allow the vehicle owner five minutes on site to reclaim personal property from inside the vehicle after the owner pays a $100 fee. The entity having custody of the vehicle is required to choose the option and inform the owner of the vehicle accordingly. Under the bill, a lienholder or insurance company who receives notice may request information regarding the condition of the vehicle upon payment of a fee of $100. Following such request, the entity with custody of the vehicle must allow a representative of the lienholder or insurance company onto the premises to inspect the vehicle, or provide the lienholder or insurance company with photos of the vehicle sufficient to reasonably ascertain the condition of the vehicle. If requested, the entity with custody of the vehicle must provide photos or access to the vehicle prior to the expiration of the 20-day reclamation period. The bill requires an entity with custody of an abandoned vehicle to provide an itemized account of all fees assessed when the vehicle is reclaimed. The bill provides that if notice is not provided, as required in the bill, any known claimant does not forfeit the right to reclaim the vehicle, and does not lose any right, title, claim, or interest in the vehicle. By operation of law, it is a simple misdemeanor for a person to do an act forbidden or to fail to perform an act required by Code chapter 321, including the provisions of the bill. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.