| |
| |
|
|
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. |