By Stiles                                              H.B. No. 772
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the disposition of abandoned or unclaimed property.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 18.17, Code of Criminal Procedure, is
    1-5  amended by adding Subsection (h) to read as follows:
    1-6        (h)  If the abandoned or unclaimed personal property is
    1-7  money, the municipal or county purchasing agent, or the sheriff of
    1-8  the county, as appropriate, may, after giving notice under
    1-9  Subsection (b) or (c) of this article, deposit the money in the
   1-10  treasury of the municipality or county giving notice without
   1-11  conducting the sale as required by Subsection (d) of this article.
   1-12        SECTION 2.  Subsection (f), Article 18.17, Code of Criminal
   1-13  Procedure, is amended to read as follows:
   1-14        (f)  For the purposes of this article, "purchasing agent of
   1-15  the municipality" means the person who is primarily responsible for
   1-16  making purchases on behalf of a municipality or a person designated
   1-17  by the municipality.
   1-18        SECTION 3.  Subsections (c) and (d), Article 18.17, Code of
   1-19  Criminal Procedure, are amended to read as follows:
   1-20        (c)  If the property has a fair market value of $500 or more
   1-21  and the owner <of such property is unknown> or <if> the address of
   1-22  the owner is unknown, then the municipal or county purchasing agent
   1-23  or the sheriff, as the case may be, shall cause to be published
   1-24  once in a paper of general circulation in the municipality or
    2-1  county a notice containing a description of the property held, the
    2-2  name of the owner if known, the name and address of the officer
    2-3  holding such property, and a statement that if the owner does not
    2-4  claim such property within two <six> months from the date of the
    2-5  publication such property will be sold and the proceeds of such
    2-6  sale, after deducting the reasonable expense of keeping such
    2-7  property and the costs of the sale, placed in the treasury of the
    2-8  municipality or county selling the property.  If the property has a
    2-9  fair market value of less than $500 and the owner or the address of
   2-10  the owner is unknown, the municipal or county purchasing agent or
   2-11  the sheriff may sell or donate the property.  The purchasing agent
   2-12  or the sheriff shall deposit the sale proceeds, after deducting the
   2-13  reasonable expense of keeping the property and costs of the sale,
   2-14  in the treasury of the municipality or county selling or donating
   2-15  the property.
   2-16        (d)  The sale under this article of any property that has a
   2-17  fair market value of $500 or more <hereunder> shall be preceded by
   2-18  a notice published once at least three weeks prior to the date of
   2-19  such sale in a newspaper of general circulation in the municipality
   2-20  or county where the sale is to take place, stating the description
   2-21  of the property, the names of the owner if known, and the date and
   2-22  place that such sale will occur.  <If the municipal or county
   2-23  purchasing agent or sheriff, as the case may be, shall consider any
   2-24  bid as insufficient, he need not sell such property but may decline
   2-25  such bid and reoffer such property for sale.>
   2-26        SECTION 4.  Article 18.17, Code of Criminal Procedure, is
   2-27  amended by adding Subsection (i) to read as follows:
    3-1        (i)  While offering the property for sale under this article,
    3-2  if a municipal or county purchasing agent or sheriff considers any
    3-3  bid as insufficient, the agent or sheriff may decline the bid and
    3-4  reoffer the property for sale.
    3-5        SECTION 5.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended,
   3-10  and that this Act take effect and be in force from and after its
   3-11  passage, and it is so enacted.