Texas Code of Criminal Procedure

§ 18.17 — DISPOSITION OF ABANDONED OR UNCLAIMED PROPERTY

CR § 18.17Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18. SEARCH WARRANTS

Statute text

(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 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 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 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 notice must describe the property being held, give the name and address of the officer holding the property, and state that if the owner does not claim the property before the 90th day after the date of the notice, the property will be disposed of and the proceeds, after deducting the reasonable expense of keeping the 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 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 a general description of the property held, the name of the owner if known, the name and address of the officer holding the property, and a statement that if the owner does not claim the property before the 90th day after the date of the notice, the property will be disposed of and, after deducting the reasonable expense of keeping the property and the costs of the disposition, any proceeds from a sale deposited in the treasury of the municipality or county selling 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, after deducting the reasonable expense of keeping the property and costs of the disposition, any proceeds from a sale in the treasury of the municipality or county selling 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 the date of the 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 the general description of the property, the name of the owner if known, and the date and place that the sale will occur. This article does not require disposition by sale. (d-1) Notwithstanding Subsection (a), (b), (c), or (d), if property described by Subsection (a), other than money, is seized by a peace officer at the time the owner of the property is arrested for an offense punishable as a Class C misdemeanor, the law enforcement agency may provide notice to the owner at the time the owner is taken into or released from custody. On receiving the notice, the owner must sign the notice and attach a thumbprint to the notice. The notice must include:

(1)a description of the property being held;

(2)the address where the property is being held; and

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Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 81 (S.B. 367), Sec. 1, eff. May 18, 2013. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 387, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 247 (H.B. 1261), Sec. 1, eff. September 1, 2025.