Bill Text: TX HB1094 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the disposition of abandoned or unclaimed property seized by a peace officer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Criminal Justice [HB1094 Detail]
Download: Texas-2023-HB1094-Engrossed.html
88R15426 EAS-F | ||
By: Cunningham | H.B. No. 1094 |
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relating to the disposition of abandoned or unclaimed property | ||
seized by a peace officer. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Articles 18.17(a), (b), (c), and (d), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) All unclaimed or abandoned personal property of every | ||
kind, other than contraband subject to forfeiture under Chapter 59 | ||
and whiskey, wine and malt beverages, seized by any peace officer in | ||
this state [ |
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used in any pending case and has not been ordered destroyed or | ||
returned to the person entitled to possession of the same by a | ||
magistrate, which shall remain unclaimed for a period of 30 days | ||
shall be delivered for disposition to a person designated by the | ||
municipality or the purchasing agent of the county in which the | ||
property was seized. If a peace officer of a municipality seizes the | ||
property, the peace officer shall deliver the property to a person | ||
designated by the municipality. If any other peace officer seizes | ||
the property, the peace officer shall deliver the property to the | ||
purchasing agent of the county. If the county has no purchasing | ||
agent, then the [ |
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of the county. | ||
(b) The county purchasing agent, the person designated by | ||
the municipality, or the sheriff of the county, as the case may be, | ||
shall mail a notice to the last known address of the owner of the | ||
[ |
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Internet website and social networking website of the law | ||
enforcement agency that seized the property. The [ |
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[ |
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of the officer holding the [ |
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if the owner does not claim the [ |
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after [ |
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property will be disposed of and the proceeds, after deducting the | ||
reasonable expense of keeping the [ |
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the disposition, placed in the treasury of the municipality or | ||
county giving the notice. | ||
(c) If the property has a fair market value of $500 or more | ||
and the owner or the address of the owner is unknown, the person | ||
designated by the municipality, the county purchasing agent, or the | ||
sheriff, as the case may be, shall publish a notice [ |
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municipality or county or place a one-time notice on the Internet | ||
website and social networking website of the law enforcement agency | ||
that seized the property. The notice must contain [ |
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general description of the property held, the name of the owner if | ||
known, the name and address of the officer holding the [ |
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property, and a statement that if the owner does not claim the | ||
[ |
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date of the notice, the [ |
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disposed of and [ |
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expense of keeping the [ |
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disposition, any proceeds from a sale deposited [ |
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treasury of the municipality or county selling [ |
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property. If the property has a fair market value of less than $500 | ||
and the owner or the address of the owner is unknown, the person | ||
designated by the municipality, the county purchasing agent, or the | ||
sheriff may sell or donate the property. The person designated by | ||
the municipality, the purchasing agent, or the sheriff shall | ||
deposit [ |
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of keeping the property and costs of the disposition [ |
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proceeds from a sale in the treasury of the municipality or county | ||
selling [ |
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(d) The sale under this article of any property that has a | ||
fair market value of $500 or more shall be preceded by a notice | ||
published once at least 14 days before [ |
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[ |
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municipality or county where the sale is to take place or placed | ||
once on the Internet website and social networking website of the | ||
law enforcement agency that seized the property at least 14 days | ||
before the date of the sale. The notice must state [ |
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general description of the property, the name [ |
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if known, and the date and place that the [ |
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This article does not require disposition by sale. | ||
SECTION 2. Article 18.17, Code of Criminal Procedure, as | ||
amended by this Act, applies to personal property seized by a peace | ||
officer on or after the effective date of this Act. Personal | ||
property seized before the effective date of this Act is governed by | ||
the law in effect on the date the property was seized, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2023. |