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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 at the time of certain arrests. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.17, Code of Criminal Procedure, is |
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amended by adding Subsections (d-1) and (d-2) to read as follows: |
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(d-1) Notwithstanding Subsection (a), (b), (c), or (d), if |
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property described by Subsection (a), other than money, is seized |
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by a peace officer at the time the owner of the property is arrested |
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for an offense punishable as a Class C misdemeanor, the law |
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enforcement agency may provide notice to the owner at the time the |
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owner is taken into or released from custody. On receiving the |
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notice, the owner must sign the notice and attach a thumbprint to |
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the notice. The notice must include: |
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(1) a description of the property being held; |
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(2) the address where the property is being held; and |
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(3) a statement that if the owner does not claim the |
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property before the 31st day after the date the owner is released |
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from custody, the property will be disposed of and the proceeds of |
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the property, after deducting the reasonable expense of keeping and |
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disposing of the property, will be placed in the treasury of the |
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municipality or county providing the notice. |
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(d-2) If the property for which notice is provided under |
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Subsection (d-1) is not claimed by the owner before the 31st day |
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after the date the owner is released from custody, the law |
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enforcement agency holding the property shall deliver the property |
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for disposition to a person designated by the municipality or to the |
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purchasing agent or sheriff of the county in which the property was |
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seized, as applicable. The person designated by the municipality, |
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the purchasing agent, or the sheriff may sell or donate the property |
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without mailing or publishing an additional notice as required by |
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Subsection (b), (c), or (d). The sale proceeds, after deducting the |
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reasonable expense of keeping and disposing of the property, must |
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be deposited in the treasury of the municipality or county |
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disposing of the property. |
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SECTION 2. Article 18.17, Code of Criminal Procedure, as |
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amended by this Act, applies to personal property seized or taken |
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into custody on or after the effective date of this Act. Personal |
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property seized or taken into custody before the effective date of |
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this Act is governed by the law in effect on the date the property is |
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seized or taken into custody, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |