Texas Civil Practice and Remedies Code

§ 140B.151 — INITIAL DISTRIBUTION

CP § 140B.151Title 6. MISCELLANEOUS PROVISIONS · Ch. 140B. CIVIL REMEDIES AND ENFORCEMENT RELATED TO RACKETEERING AND UNLAWFUL DEBT COLLECTION · Art. D. DISPOSITION OF FUNDS OBTAINED THROUGH FORFEITURE ACTIONS

Statute text

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(a)A court entering a judgment of forfeiture in an action brought under Subchapter C retains jurisdiction to direct the distribution of any cash or cash proceeds realized from the forfeiture and disposition of the property. The court shall direct the distribution of the funds in the following order of priority:

(1)statutory fees to which the clerk of the court may be entitled;

(2)claims against the property by persons who have previously been judicially determined to be innocent persons and whose interests are preserved from forfeiture by the court and not otherwise satisfied; and

(3)subject to Subsection (c), claims for restitution by victims of the racketeering activity.

(b)A claim under Subsection (a)(2) may include a claim by a person appointed by the court as receiver pending litigation.

(c)If the attorney general brought the forfeiture action, restitution shall be distributed though the compensation to victims of crime fund. If the attorney general did not bring the forfeiture action, restitution shall be distributed by the clerk of the court.

Legislative history

Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.