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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of abandoned or unclaimed property |
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seized by a peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.17(a), Code of Criminal Procedure, as |
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effective September 1, 2021, is amended to read as follows: |
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(a) All unclaimed or abandoned personal property of every |
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kind, other than contraband subject to forfeiture under Chapter 59 |
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[and whiskey, wine and malt beverages], seized by any peace officer |
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in this state [the State of Texas] which is not held as evidence to |
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be used in any pending case and has not been ordered destroyed or |
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returned to the person entitled to possession of the same by a |
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magistrate, which shall remain unclaimed for a period of 30 days |
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shall be delivered for disposition to a person designated by the |
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municipality or the purchasing agent of the county in which the |
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property was seized. If a peace officer of a municipality seizes the |
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property, the peace officer shall deliver the property to a person |
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designated by the municipality. If any other peace officer seizes |
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the property, the peace officer shall deliver the property to the |
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purchasing agent of the county. If the county has no purchasing |
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agent, then the [such] property shall be disposed of by the sheriff |
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of the county. |
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SECTION 2. Articles 18.17(b), (c), and (d), Code of |
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Criminal Procedure, are amended to read as follows: |
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(b) The county purchasing agent, the person designated by |
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the municipality, or the sheriff of the county, as the case may be, |
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shall mail a notice to the last known address of the owner of the |
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[such] property by certified mail or place a one-time notice on the |
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Internet website and social networking website of the law |
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enforcement agency that seized the property. The [Such] notice must |
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[shall] describe the property being held, give the name and address |
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of the officer holding the [such] property, and [shall] state that |
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if the owner does not claim the [such] property before the 90th day |
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after [within 90 days from] the date of the notice, the [such] |
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property will be disposed of and the proceeds, after deducting the |
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reasonable expense of keeping the [such] property and the costs of |
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the disposition, placed in the treasury of the municipality or |
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county giving the notice. |
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(c) If the property has a fair market value of $500 or more |
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and the owner or the address of the owner is unknown, the person |
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designated by the municipality, the county purchasing agent, or the |
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sheriff, as the case may be, shall publish a notice [cause to be |
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published] once in a paper of general circulation in the |
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municipality or county or place a one-time notice on the Internet |
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website and social networking website of the law enforcement agency |
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that seized the property. The notice must contain [containing] a |
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general description of the property held, the name of the owner if |
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known, the name and address of the officer holding the [such] |
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property, and a statement that if the owner does not claim the |
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[such] property before the 90th day after [within 90 days from] the |
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date of the notice, the [publication such] property will be |
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disposed of and the proceeds, after deducting the reasonable |
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expense of keeping the [such] property and the costs of the |
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disposition, placed in the treasury of the municipality or county |
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disposing of the property. If the property has a fair market value |
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of less than $500 and the owner or the address of the owner is |
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unknown, the person designated by the municipality, the county |
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purchasing agent, or the sheriff may sell or donate the property. |
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The person designated by the municipality, the purchasing agent, or |
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the sheriff shall deposit the sale proceeds, after deducting the |
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reasonable expense of keeping the property and costs of the sale, in |
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the treasury of the municipality or county selling or donating the |
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property. |
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(d) The sale under this article of any property that has a |
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fair market value of $500 or more shall be preceded by a notice |
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published once at least 14 days before [prior to] the date of the |
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[such] sale in a newspaper of general circulation in the |
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municipality or county where the sale is to take place or placed |
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once on the Internet website and social networking website of the |
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law enforcement agency that seized the property at least 14 days |
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before the date of the sale. The notice must state [, stating] the |
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general description of the property, the name [names] of the owner |
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if known, and the date and place that the [such] sale will occur. |
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This article does not require disposition by sale. |
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SECTION 3. Article 18.17, Code of Criminal Procedure, as |
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amended by this Act, applies to personal property seized by a peace |
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officer on or after the effective date of this Act. Personal |
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property seized before the effective date of this Act is governed by |
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the law in effect on the date the property was seized, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |