I have a question about posting under 59.04(c). My interpretation is that 59.04(c) only applies to the service on the TX registered owner/interest holder and that any other parties, such as the non-owner/non-interest holder possessor, must be served as required by the civil rules. For example, if we get service returned unserved on the TXDOT address for the registered owner and on the possessor, we would follow 59.04(c) for posting on the registered owner only. The non-registered-owner possessor would be served under rule 109 or 109a.

The way that 59.04(c) had been interpreted before I started doing the forfeiture cases was that if the vehicle seized was registered in TX, then 59.04(c) was used for all parties. The reasoning is based on the last sentence of 59.04(c) which states that "if the person in possession of the vehicle at the time of the seizure is not the owner or the interest holder, notification shall be provided to the possessor in the same manner specified for notification to an owner or interest holder." The interpretation is that it refers back to the provisions in 59.04(c), I, however, believe it refers back to 59.04(b).

I need to know which interpretation is correct (or if there is a third interpretation). If the way it has been done is correct, then I won't worry about it. If my interpretation is correct, then I can change things now.