88R15426 EAS-F
 
  By: Cunningham H.B. No. 1094
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [the State of Texas] which is not held as evidence to be
  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 [such] property shall be disposed of by the sheriff
  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
  [such] property by certified mail or place a one-time notice on the
  Internet website and social networking website of the law
  enforcement agency that seized the property. The [Such] notice must
  [shall] describe the property being held, give the name and address
  of the officer holding the [such] property, and [shall] state that
  if the owner does not claim the [such] property before the 90th day
  after [within 90 days from] the date of the notice, the [such]
  property will be disposed of and the proceeds, after deducting the
  reasonable expense of keeping the [such] property and the costs of
  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 [cause to be
  published] once in a paper of general circulation in the
  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 [containing] a
  general description of the property held, the name of the owner if
  known, the name and address of the officer holding the [such]
  property, and a statement that if the owner does not claim the
  [such] property before the 90th day after [within 90 days from] the
  date of the notice, the [publication such] property will be
  disposed of and [the proceeds], after deducting the reasonable
  expense of keeping the [such] property and the costs of the
  disposition, any proceeds from a sale deposited [placed] in the
  treasury of the municipality or county selling [disposing of] the
  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 [the sale proceeds], after deducting the reasonable expense
  of keeping the property and costs of the disposition [sale], any
  proceeds from a sale in the treasury of the municipality or county
  selling [or donating] the property.
         (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 [prior to] the date of the
  [such] sale in a newspaper of general circulation in the
  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 [, stating] the
  general description of the property, the name [names] of the owner
  if known, and the date and place that the [such] sale will occur.
  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.