By: Lewis, Ron H.B. No. 178
73R1022 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of certain abandoned or unclaimed
1-3 property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 18.17, Code of Criminal Procedure, is
1-6 amended by amending Subsections (a), (b), and (c) and adding
1-7 Subsection (h) to read as follows:
1-8 (a) All unclaimed or abandoned personal property of every
1-9 kind, other than contraband subject to forfeiture under Chapter 59
1-10 of this code and whiskey, wine and beer, seized by any peace
1-11 officer in the State of Texas which is not held as evidence to be
1-12 used in any pending case and has not been ordered destroyed or
1-13 returned to the person entitled to possession of the same by a
1-14 magistrate, which shall remain unclaimed for a period of 30 days
1-15 shall be delivered <for sale> to the purchasing agent of the
1-16 municipality or county in which the property was seized. If a
1-17 peace officer of a municipality seizes the property, the peace
1-18 officer shall deliver the property to the purchasing agent of the
1-19 municipality. If any other peace officer seizes the property, the
1-20 peace officer shall deliver the property to the purchasing agent of
1-21 the county. If the county has no purchasing agent, then such
1-22 property shall be delivered to <sold by> the sheriff of the county.
1-23 Except as provided by Subsection (h) of this article, the municipal
1-24 or county purchasing agent or the county sheriff shall sell the
2-1 property.
2-2 (b) The municipal or county purchasing agent or the sheriff
2-3 of the county, as the case may be, shall mail a notice to the last
2-4 known address of the owner of such property by certified mail.
2-5 Such notice shall describe the property being held, give the name
2-6 and address of the officer holding such property, and shall state
2-7 that if the owner does not claim such property within 60 days <six
2-8 months> from the date of the notice such property will be disposed
2-9 of <sold> and the proceeds, if any <of such sale>, after deducting
2-10 the reasonable expense of keeping such property and the costs of
2-11 the disposition <sale>, placed in the treasury of the municipality
2-12 or county giving the notice.
2-13 (c) If the owner of such property is unknown or if the
2-14 address of the owner is unknown, then the municipal or county
2-15 purchasing agent or the sheriff, as the case may be, shall cause to
2-16 be published once in a paper of general circulation in the
2-17 municipality or county a notice containing a description of the
2-18 property held, the name of the owner if known, the name and address
2-19 of the officer holding such property, and a statement that if the
2-20 owner does not claim such property within 60 days <six months> from
2-21 the date of the publication such property will be disposed of
2-22 <sold> and the proceeds, if any <of such sale>, after deducting the
2-23 reasonable expense of keeping such property and the costs of the
2-24 disposition <sale>, placed in the treasury of the municipality or
2-25 county disposing of <selling> the property.
2-26 (h) The municipal or county purchasing agent or the county
2-27 sheriff may donate a bicycle the agent or sheriff receives for
3-1 disposition under this article to a nonprofit charitable
3-2 organization.
3-3 SECTION 2. This Act takes effect September 1, 1993, and
3-4 applies only to unclaimed or abandoned personal property that is
3-5 seized by a peace officer on or after that date. Unclaimed or
3-6 abandoned personal property that is seized by a peace officer
3-7 before the effective date of this Act is governed by the law in
3-8 effect on the date the peace officer seized the property, and that
3-9 law is continued in effect for this purpose.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.