How To Claim an Abandoned Vehicle in Texas

Claiming an abandoned vehicle in Texas involves compliance with statutory notice, waiting, and auction requirements established under Texas Transportation Code Chapter 683. The process differs depending on whether an individual seeks authority to dispose of a vehicle or to acquire title to it through public auction. Understanding each procedural stage and the respective roles of law enforcement, storage facilities, and the Department of Motor Vehicles ensures adherence to state law.

What Qualifies as an Abandoned Vehicle in Texas

Under Texas law, a motor vehicle is considered abandoned under specific conditions that reflect both the vehicle's condition and its location. A motor vehicle is classified as abandoned if it satisfies any of the following criteria:

Is inoperable, is more than 5 years old, and has been left unattended on public property for more than 48 hours
Has remained illegally on public property for more than 48 hours
Has remained on private property without the consent of the owner or person in charge of that property for more than 48 hours
Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours
Has been left unattended for more than 24 hours on the right-of-way of a turnpike project constructed and maintained by the Texas Turnpike Authority division of the Texas Department of Transportation, or a controlled access highway
Is an impounded commercial motor vehicle at a vehicle storage facility, and the delinquent administrative penalty has not been paid to the Texas Department of Public Safety by the 11th day after being impounded

Law enforcement agencies are authorized to take custody of abandoned motor vehicles found on public or private property, and storage facilities may do the same when vehicles are towed to their locations.

Process to Claim an Abandoned Vehicle in Texas

Understanding the Abandoned Vehicle Process

In Texas, the primary legal mechanism for transferring ownership of an abandoned vehicle depends on the vehicle's custodian. If a law enforcement agency has taken custody of an abandoned vehicle on public property, that agency may conduct a public auction to sell it. If a person or entity in possession of an abandoned vehicle wishes to acquire legal title through disposal, that person generally must apply for authority to dispose of the motor vehicle to a demolisher through the Texas Department of Motor Vehicles. Alternatively, the vehicle may be sold at a public auction conducted by law enforcement, after which the purchaser applies for title through the county tax assessor-collector's office. Mere possession of an abandoned vehicle does not automatically transfer legal ownership; state law requires formal procedures and notice to the recorded owner and any lienholders before title passes to a new party.

Report the Unclaimed Vehicle

When a motor vehicle is taken into custody by law enforcement or a storage facility, the custodian must notify the last known registered owner and each lienholder identified through official records. For vehicles taken into custody by law enforcement in Texas, the first notice must be sent by certified mail no later than the 10th day after the vehicle is taken into custody. For vehicles stored at a commercial storage or repair facility, the notice timeline and requirements differ and are governed by separate statutory procedures under Section 683.031. Commercial storage facilities must report an abandoned vehicle to law enforcement within 7 days of determining it to be abandoned, or the facility may forfeit its right to claim reimbursement for storage charges. The second notice must be sent between 15 and 20 days after the first notification. These notices inform the owner and lienholder of the vehicle's location, the amount of accrued charges, and the procedures for reclaiming the vehicle.

Identify the Vehicle Title Location and Obtain Records

The person seeking to dispose of or claim the vehicle must determine the state where the vehicle is currently titled. For vehicles titled in Texas, the applicant must obtain certified title records from the Texas Department of Motor Vehicles. For vehicles titled outside Texas, certified records must be obtained from the motor vehicle agency in that state. These certified records establish the legal owner, any lienholders, and the vehicle's history. If certified records cannot be obtained, the abandoned vehicle disposal or acquisition process cannot proceed.

Apply for Authority to Dispose of the Vehicle

If the applicant possesses the vehicle and wishes to dispose of it (typically through demolition), the applicant may complete an Application for Authority to Dispose of a Motor Vehicle to a Demolisher (Form VTR-71-2) and submit it to the Texas Department of Motor Vehicles. The application must include the required documentation—such as evidence of ownership, a certified title if the vehicle was last titled in Texas, or an out-of-state title if applicable—along with a $2.00 application fee paid by check or money order to the Texas Department of Motor Vehicles.

Allow the Statutory Notice Period

When an applicant submits a disposal application and is not the recorded owner or does not have evidence of ownership transfer, the Texas Department of Motor Vehicles is required to send notice to any owners and lienholders identified by the department. If the department is unable to locate a motor vehicle record, the notification is posted on the abandoned vehicle webpage. The recorded owner and any lienholders have 20 calendar days from the date the notice is mailed or posted to claim the motor vehicle. If no claim is received, the Certificate of Authority is issued on the 21st day.

Receive Certificate of Authority

Upon approval following the 20-day waiting period, the Texas Department of Motor Vehicles issues a Certificate of Authority to the applicant. This certificate authorizes the holder to transfer the vehicle to a motor vehicle demolisher for crushing and destruction. The applicant may then proceed with demolition or disposal of the vehicle through an authorized demolisher.

Public Auction Conducted by Law Enforcement

Alternatively, if a law enforcement agency has taken custody of an abandoned vehicle, it may conduct a public auction to sell it. The auction must be conducted in accordance with state law, and notice of the auction must be provided to the last known owner, any lienholders, and garagekeepers who hold a lien. The public may bid on the vehicle, and the highest bidder acquires title subject to the satisfaction of towing, storage, and other authorized charges.

Complete the Bill of Sale and Sales Receipt

When a vehicle is sold through public auction, a Sales Receipt for Unclaimed Seized Vehicle (Form VTR-71-8) must be generated and provided to the purchaser. This receipt documents the sale and serves as evidence of the transaction. The purchaser must retain this receipt to present when applying for title.

Apply for Title to a Purchased Vehicle

The purchaser of an abandoned vehicle sold at public auction must apply for a Texas certificate of title within a reasonable period. The application is submitted to the county tax assessor-collector's office in the county where the vehicle is to be registered. The applicant must complete the Application for Texas Title and/or Registration (Form 130-U) and provide the Sales Receipt for Unclaimed Seized Vehicle (Form VTR-71-8) as supporting documentation. The county tax office will process the title application and issue a certificate of title in the applicant's name if no other claims exist.

Bonded Title Requirements

Texas may require a bonded title or a surety bond if the vehicle title is lost or unlocatable or if the vehicle is purchased without an original title. A bonded title is secured by a surety bond with a face value typically set at 1.5 times the vehicle's appraised fair market value. A bonded title requirement applies when the original title is lost or destroyed after acquisition, not automatically to all abandoned-vehicle purchases. However, if a bonded title is needed due to a lost or destroyed title, there is a 30-day waiting period after the loss or destruction is reported before an applicant may apply for a certified copy of the title. The purchaser of an abandoned vehicle at public auction should consult with the county tax assessor-collector regarding specific bonding requirements if the original title is not available.

Special Rules for Salvage and Nonrepairable Vehicles

If the vehicle title bears a salvage brand or nonrepairable designation, the subsequent certificate of title issued to the new owner must also bear that brand. A salvage vehicle may not be registered or operated on Texas highways unless it has been restored by a licensed rebuilder, inspected by the Texas Department of Motor Vehicles, and issued a rebuilt title. Purchasers of salvage or non-repairable abandoned vehicles should be aware that significant repair and inspection costs may be required before the vehicle can be driven.

Maintain Records

All transaction records related to the sale or disposal of the abandoned vehicle must be retained. These records should include copies of all notices sent to prior owners and lienholders, evidence of mailing or posting, certified title records, the Certificate of Authority or Sales Receipt, auction documentation, and the bill of sale or application for title. Retention of these records is essential for resolving title disputes or lien claims that may arise after the sale.

Texas Storage Fees and Financial Considerations

Storage Fee Assessment and Limitations

Storage facilities and law enforcement agencies are authorized to charge reasonable fees for storing abandoned vehicles. However, the amount charged is strictly limited by statute. Under Texas Transportation Code Section 683.013, storage charges are permitted only for a limited period: no more than 10 days beginning on the day the vehicle is taken into custody and ending on the day the required notice is mailed, plus additional days after notice is provided until the vehicle is removed or claimed. Any unauthorized storage charges beyond these statutory limits constitute a criminal offense punishable by a fine of not less than $200 and not more than $1,000. Additionally, a commercial storage or repair facility must report an abandoned vehicle to law enforcement within 7 days of determining it to be abandoned to claim reimbursement for storage charges.

Towing and Recovery Charges

The towing and recovery service rates in Texas are established based on reasonable market conditions. The Texas Department of Licensing and Regulation (TDLR) provides information on maximum allowable towing charges, which vary depending on the type and weight classification of the vehicle. For passenger vehicles weighing up to 10,000 pounds, the maximum private property tow charge is $272; for vehicles weighing more than 10,000 pounds, the maximum charge is $380. These rates are subject to periodic adjustment to reflect market conditions.

Disputes Over Charges

If a dispute arises concerning towing or storage charges, the vehicle owner or designee may contact the towing company directly or file a complaint with TDLR. During the dispute review process, the towing service must cease accruing storage charges while the complaint is being investigated. For vehicle storage facilities, complaints may also be directed to TDLR.

Auction Proceeds and Charge Deductions

When an abandoned vehicle is sold at a public auction conducted by law enforcement, the proceeds are applied in accordance with statutory priorities. First, law enforcement is entitled to reimbursement for the costs of the auction, towing, preservation, storage, notice, and publication. Second, any liens held by garagekeepers are satisfied. Third, the remaining proceeds are held by law enforcement for 90 days for the owner or lienholder of record. If the owner or lienholder does not claim the proceeds within 90 days, the proceeds are forfeited to the law enforcement agency or the appropriate local entity. For vehicles abandoned at commercial storage or repair facilities, the deduction order differs: garagekeeper charges are deducted first, followed by the remaining proceeds. The purchaser at auction pays the winning bid amount and receives the vehicle and the necessary sale receipt to apply for title.

Contact Information

Texas Department of Motor Vehicles
4000 Jackson Avenue, Austin, Texas 78731
Phone: (512) 465-3000
Official Website: Texas Department of Motor Vehicles