HB1261 - Relating to the disposition of abandoned or unclaimed property seized by a peace officer.

      H.B. No. 1261         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, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 1261 was passed by the House on April   25, 2025, by the following vote:  Yeas 127, Nays 4, 3 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 1261 was passed by the Senate on May   16, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor