Texas § TN.683.015 - AUCTION PROCEEDS

§ TN.683.015. AUCTION PROCEEDS

AUCTION PROCEEDS. (a) A law enforcement agency is entitled to reimbursement from the proceeds of the sale of an abandoned motor vehicle, aircraft, watercraft, or outboard motor for: (1) the cost of the auction; (2) towing, preservation, and storage fees resulting from the taking into custody; (3) the cost of notice or publication as required by Section 683.012 ; and (4) any compensation made by the agency under Subsection (f) to property owners whose property was damaged as a result of a pursuit involving the motor vehicle. (b) After deducting the reimbursement allowed under Subsection (a), the proceeds of the sale shall be held for 90 days for the owner or lienholder of the vehicle. (c) After the period provided by Subsection (b), 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, aircraft, watercraft, or outboard motors into custody if the proceeds from the sale of the other items are insufficient to meet those fees. (d) A municipality or county may transfer funds in excess of $1,000 from the account to the municipality's or county's general revenue account to be used by the law enforcement agency or, if the vehicle, aircraft, watercraft, or outboard motor was located in a county with a population of less than 150,000, by the attorney representing the state. (e) If the vehicle is a commercial motor vehicle impounded under Section 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. (f) A law enforcement agency or an attorney representing the state may use funds transferred under Subsection (d) to compensate property owners whose property was damaged as a result of a pursuit involving a law enforcement agency or a federal law enforcement agency, regardless of whether the agency would be liable under Chapter 101 , Civil Practice and Remedies Code. (g) Before a law enforcement agency or an attorney representing the state may compensate a property owner under Subsection (f) using funds transferred to a county under Subsection (d), the sheriff, constable, or attorney representing the state must submit the proposed payment for compensation for consideration, and the commissioners court shall consider the proposed payment for compensation, at the next regularly scheduled meeting of the commissioners court. (h) In this section, "attorney representing the state" means a district attorney, criminal district attorney, or county attorney performing the duties of a district attorney. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 359, Sec. 9, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 16.08, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 304 (H.B. 453 ), Sec. 1, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 720 (H.B. 787 ), Sec. 8, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1181 (H.B. 3422 ), Sec. 1, eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 675 (H.B. 1931 ), Sec. 1, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1022 (H.B. 1190 ), Sec. 1, eff. June 19, 2015. Acts 2017, 85th Leg., R.S., Ch. 474 (H.B. 2306 ), Sec. 1, eff. September 1, 2017.