87R4936 EAS-F
By: Toth H.B. No. 1212
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. Article 18.17(a), Code of Criminal Procedure, as
effective September 1, 2021, is 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.
SECTION 2. Articles 18.17(b), (c), and (d), Code of
Criminal Procedure, are amended to read as follows:
(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, placed in the treasury of the municipality or county
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 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 3. 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 4. This Act takes effect September 1, 2021.