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Amendments to Chapter 85, Vehicle Storage Facilities
Rules Amendment # 1:
§85.703. Responsibilities of Licensee--Notice to Vehicle Owner or Lienholder.
(a) (No change.)
(b) Notification to owners of registered vehicles. Registered owners of towed vehicles shall be notified in the following manner.
(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 [, electronic certified, or registered mail ] within five days, but in no event sooner than within 24 hours of receipt of the vehicle.
(2) (No change.)
(c)-(g) (No change.)
(h) Form of notifications. All mailed notifications must be correctly addressed; mailed with sufficient postage; and sent by certified mail, return receipt requested,or electronic certified mail.
(1) (No change.)
(2) All published notifications shall state:
(A) the full name, street address, telephone number, and VSF license number of the VSF, and the Department’s internet address;
Rules Amendment # 1 (Continued):
(B)-(C) (No change.) (3) (No change.)
(i) (No change.)
CHANGE REQUIRED: All published notifications must now contain TDLR’s website address: www.tdlr.texas.gov. Make sure to add this item to all your PUBLISHED NOTICES.. The other change was just a language clarification, no action required. There is no change to current mailing requirements.
Rules Amendment # 2:
§85.704. Responsibilities of Licensee--Second Notice; Consent to Sale
(a)-(b) (No change.)
(c) Notice under this section must include:
(1) the information listed in §85.703(h)(1)(A)-(H) [§85.703(h)]; (2)-(3) (No change.)
(d)-(e ) (No change.
§85.704. Responsibilities of Licensee--Second Notice; Consent to Sale
(a)-(b) (No change.)
(c) Notice under this section must include:
(1) the information listed in §85.703(h)(1)(A)-(H) [§85.703(i)]; (2)-(3) (No change.)
(d)-(e ) (No change.
NO CHANGE REQUIRED: This was changed to correct the cross reference to existing statutory requirements relating to the content of signage that a VSF must display.
Rules Amendment # 3:
§85.710. Release of Vehicles.
(a) Release of vehicles. The VSF must comply with the following requirements when releasing vehicles.
(1) The VSF shall comply with all provisions of Texas Occupations Code, Chapter 2308, Subchapter J, relating to the rights of the owner of a stored vehicle, including providing the name, address, and telephone number of:
(A) each justice court in the county from which the vehicle was towed or, for booted vehicles,
the county in which the parking facility is located, or the address of an Internet website
maintained by the Office of Court Administration of the Texas Judicial System that
contains the name, address, and telephone number of each justice court in that county;
CHANGE REQUIRED: You no longer have to list the specific Justice of the Peace information for where the vehicle was towed from. You can either list ALL Justices of the Peace in the COUNTY from which the vehicle was towed, or you can list the website where the consumer can locate this information, currently: http://card.txcourts.gov/DirectorySearch.aspx. Tow hearing jurisdiction is now ANY Justice of the Peace in the COUNTY from which the vehicle was towed.
Rules Amendment # 4:
§85.726. Responsibilities of Licensee--Honesty, Trustworthiness, and Integrity.
A person licensed under this chapter must conduct vehicle storage facility operations with honesty, trustworthiness and integrity.
NO CHANGE REQUIRED: This language was added to match what is already in Chapter 86 TOWING RULES.
Contact Info
- Southwest Tow Operators
- 660 N Central Expressway, Suite 230
- Plano, Texas 75074
- Toll Free: (866) 320-9300
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