Texas 2023 - 88th Regular

Texas House Bill HB1094

Filed
12/21/22  
Out of House Committee
5/4/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the disposition of abandoned or unclaimed property seized by a peace officer.

Impact

The bill modifies existing laws under Article 18.17 of the Code of Criminal Procedure, ensuring that the process of handling unclaimed personal property is more streamlined. By allowing for online notifications, the bill seeks to modernize communication methods, enhancing public awareness regarding unclaimed assets. Moreover, the new regulations will ensure that properties valued at $500 or more receive proper public notice to facilitate claim by owners or proper disposition otherwise. As a result, the bill aims to reduce the administrative burden on local governments while improving the overall management of seized properties.

Summary

House Bill 1094 addresses the issue of abandoned or unclaimed property that is seized by peace officers in Texas. The primary objective of this bill is to establish clearer procedures for the disposition of such property, which can otherwise become a source of confusion and administrative backlog for law enforcement agencies. Under the provisions of the bill, property that is unclaimed for a period of 30 days must be delivered to a designated municipal or county agent for disposition, enhancing efficiency in managing seized items. This includes making it mandatory for law enforcement agencies to notify property owners through a combination of certified mail and online notices via agency websites and social media platforms.

Sentiment

The sentiment surrounding HB 1094 appears to be largely positive among law enforcement officials, who see the bill as a pragmatic solution to a longstanding issue in handling unclaimed property. Advocates of the bill argue that it represents a necessary advancement in public resource management and reflects a shift towards more technologically savvy communication methods. Nevertheless, there are concerns regarding the adequacy of the notices and the potential for unclaimed items to be disposed of without sufficient public outreach, thus drawing some criticism from civil liberties advocates who worry about due process.

Contention

Some notable points of contention focus on the effectiveness of digital notifications concerning abandoned property, especially in communities with limited internet access. Critics argue that relying heavily on online platforms may exclude vulnerable populations who may not be aware of the digital channels utilized by law enforcement. Additionally, there are discussions about the potential for the bill to create ambiguities in defining 'abandoned' versus 'unclaimed' properties, and whether the timeframes for claims are appropriate. Nevertheless, the bill has garnered significant bipartisan support in the legislature, as demonstrated by the voting results, with a passage of 122 votes in favor and only 14 against.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 18. Search Warrants
    • Section: 17
    • Section: 17
    • Section: 17

Companion Bills

No companion bills found.

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