Texas Property Code

§ 68.052 — ATTORNEY GENERAL OR LOCAL PROSECUTOR RICO LIEN NOTICE

PR § 68.052Title 5. EXEMPT PROPERTY AND LIENS · Part B. LIENS · Ch. 68. RICO LIENS · Art. B. RICO LIEN NOTICE

Statute text

(a)In addition to the authority to file a RICO lien notice under Section 68.051, the attorney general or a local prosecutor may apply ex parte to a district court and, on petition supported by sworn affidavit, obtain an order authorizing the filing of a RICO lien notice against real property on a showing of probable cause to believe that the property was used in the course of, intended for use in the course of, derived from, or realized through conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code.

(b)If the RICO lien notice authorization is granted, the attorney general or local prosecutor shall, after filing the notice, immediately provide notice to the owner of the property by:

(1)serving the notice in the manner provided by law for the service of process;

(2)mailing the notice, postage prepaid, by certified mail to the owner at the owner's last known address and obtaining evidence of the delivery; or

(3)if service by a method described by Subdivision (1) or (2) cannot be accomplished, posting the notice on the premises.

(c)The owner of the property may move the court to discharge the lien, and that motion shall be set for hearing at the earliest possible time.

…

Legislative history

Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 7, eff. September 1, 2023.