| 1 | 1 | | 83R16828 ADM-D |
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| 2 | 2 | | By: Murphy H.B. No. 884 |
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| 3 | 3 | | Substitute the following for H.B. No. 884: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 884 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the disposition of abandoned or unclaimed property |
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| 10 | 10 | | seized at the time of certain arrests. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 18.17, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Subsections (d-1) and (d-2) to read as follows: |
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| 14 | 14 | | (d-1) Notwithstanding Subsection (a), (b), (c), or (d), if |
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| 15 | 15 | | property described by Subsection (a), other than money, is seized |
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| 16 | 16 | | by a peace officer at the time the owner of the property is arrested |
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| 17 | 17 | | for an offense punishable as a Class C misdemeanor, the law |
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| 18 | 18 | | enforcement agency may provide notice to the owner at the time the |
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| 19 | 19 | | owner is taken into or released from custody. On receiving the |
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| 20 | 20 | | notice, the owner must sign the notice and attach a thumbprint to |
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| 21 | 21 | | the notice. The notice must include: |
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| 22 | 22 | | (1) a description of the property being held; |
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| 23 | 23 | | (2) the address where the property is being held; and |
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| 24 | 24 | | (3) a statement that if the owner does not claim the |
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| 25 | 25 | | property before the 31st day after the date the owner is released |
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| 26 | 26 | | from custody, the property will be disposed of and the proceeds of |
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| 27 | 27 | | the property, after deducting the reasonable expense of keeping and |
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| 28 | 28 | | disposing of the property, will be placed in the treasury of the |
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| 29 | 29 | | municipality or county providing the notice. |
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| 30 | 30 | | (d-2) If the property for which notice is provided under |
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| 31 | 31 | | Subsection (d-1) is not claimed by the owner before the 31st day |
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| 32 | 32 | | after the date the owner is released from custody, the law |
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| 33 | 33 | | enforcement agency holding the property shall deliver the property |
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| 34 | 34 | | for disposition to a person designated by the municipality or to the |
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| 35 | 35 | | purchasing agent or sheriff of the county in which the property was |
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| 36 | 36 | | seized, as applicable. The person designated by the municipality, |
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| 37 | 37 | | the purchasing agent, or the sheriff may sell or donate the property |
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| 38 | 38 | | without mailing or publishing an additional notice as required by |
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| 39 | 39 | | Subsection (b), (c), or (d). The sale proceeds, after deducting the |
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| 40 | 40 | | reasonable expense of keeping and disposing of the property, must |
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| 41 | 41 | | be deposited in the treasury of the municipality or county |
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| 42 | 42 | | disposing of the property. |
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| 43 | 43 | | SECTION 2. Article 18.17, Code of Criminal Procedure, as |
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| 44 | 44 | | amended by this Act, applies to personal property seized or taken |
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| 45 | 45 | | into custody on or after the effective date of this Act. Personal |
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| 46 | 46 | | property seized or taken into custody before the effective date of |
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| 47 | 47 | | this Act is governed by the law in effect on the date the property is |
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| 48 | 48 | | seized or taken into custody, and the former law is continued in |
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| 49 | 49 | | effect for that purpose. |
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| 50 | 50 | | SECTION 3. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2013. |
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