Second notice window: Texas VSF rule

The rule

If the vehicle is still unclaimed, a second notice goes to the same parties. Every day here is counted from the first notice postmark, not from arrival.

TDLR guidance: "between the 15th day and the 20th day after the date the first notice was mailed or published." 16 TAC §85.704(b): no earlier than the 15th day and no later than the 21st day. Occupations Code §2303.154(d): before the 21st day.

The second notice repeats the first-notice elements and adds a statement that failure to claim the vehicle within 30 days of the notice gives the facility the right to dispose of it, and is a waiver of all right, title and interest and a consent to sale at public sale.

Late second notice: no storage may be charged from the 21st day until 24 hours after it is sent (§85.704(c); §2303.154(e)).

Proposed ClearLot practice, pending review by counsel: mail the second notice from first postmark +16 through +20 calendar days, the narrowest window that satisfies every reading above. This is an operating practice, not a legal guarantee.

Worked dates

TDLR's own example: first notice mailed October 1; counting starts October 2; TDLR says you have October 16 through October 21.

Our proposed window for the same car: first postmark +16 through +20, so October 17 through October 21.

TDLR's late example: second notice mailed October 23 means no storage for October 22, 23 and 24. Billing resumes October 25.

The common mistake

Counting the second notice from the arrival date. A car on lot day 11 with a first postmark on lot day 3 has its window at first postmark +16, which is lot day 19.

What an inspector asks for

First notice postmark date
Second notice copy with the 30-day disposal and consent-to-sale statement
Second notice postmark proof

Sources

Educational summary, not legal advice. Deadlines depend on facts and the current rule text. Confirm against TDLR: VSF Notification Process and TDLR Laws and Rules, and talk to your attorney.