Texas Code of Criminal Procedure - Article 18.17. Disposition Of Abandoned Or Unclaimed Property

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Art. 18.17. [332A] DISPOSITION OF ABANDONED OR UNCLAIMED 
PROPERTY.  (a) All unclaimed or abandoned personal property of 
every kind, other than contraband subject to forfeiture under 
Chapter 59 of this code and whiskey, wine and beer, seized by any 
peace officer in 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 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 such 
property by certified mail.  Such notice shall describe the 
property being held, give the name and address of the officer 
holding such property, and shall state that if the owner does not 
claim such property within 90 days from the date of the notice such 
property will be disposed of and the proceeds, after deducting the 
reasonable expense of keeping 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 cause to be published once in a 
paper of general circulation in the municipality or county a notice 
containing a general description of the property held, the name of 
the owner if known, the name and address of the officer holding such 
property, and a statement that if the owner does not claim such 
property within 90 days from the date of the publication such 
property will be disposed of and the proceeds, after deducting the 
reasonable expense of keeping such property and the costs of the 
disposition, placed in the treasury of the municipality or county 
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 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 prior to the date of such sale in a 
newspaper of general circulation in the municipality or county 
where the sale is to take place, stating the general description of 
the property, the names of the owner if known, and the date and 
place that such sale will occur.  This article does not require 
disposition by sale.
	(e)  The real owner of any property disposed of shall have 
the right to file a claim to the proceeds with the commissioners 
court of the county or with the governing body of the municipality 
in which the disposition took place.  A claim by the real owner must 
be filed not later than the 30th day after the date of disposition.  
If the claim is allowed by the commissioners court or the governing 
body of the municipality, the municipal or county treasurer shall 
pay the owner such funds as were paid into the treasury of the 
municipality or county as proceeds of the disposition. If the claim 
is denied by the commissioners court or the governing body or if 
said court or body fails to act upon such claim within 90 days, the 
claimant may sue the municipal or county treasurer in a court of 
competent jurisdiction in the county, and upon sufficient proof of 
ownership, recover judgment against such municipality or county for 
the recovery of the proceeds of the disposition.
	(f)  For the purposes of this article:                                         
	(1)  "Person designated by a municipality" means an officer 
or employee of a municipality who is designated by the municipality 
to be primarily responsible for the disposition of property under 
this article.
	(2)  "Property held as evidence" means property related to a 
charge that has been filed or to a matter that is being investigated 
for the filing of a charge.
	(g)  If the provisions of this section have been met and the 
property is scheduled for disposition, the municipal or county law 
enforcement agency that originally seized the property may request 
and have the property converted to agency use.  The agency at any 
time may transfer the property to another municipal or county law 
enforcement agency for the use of that agency.  The agency last 
using the property shall return the property to the person 
designated by the municipality, county purchasing agent, or 
sheriff, as the case may be, for disposition when the agency has 
completed the intended use of the property.
	(h)  If the abandoned or unclaimed personal property is 
money, the person designated by the municipality, the county 
purchasing agent, or the sheriff of the county, as appropriate, 
may, after giving notice under Subsection (b) or (c) of this 
article, deposit the money in the treasury of the municipality or 
county giving notice without conducting the sale as required by 
Subsection (d) of this article.
	(i)  While offering the property for sale under this article, 
if a person designated by a municipality, county purchasing agent, 
or sheriff considers any bid as insufficient, the person, agent, or 
sheriff may decline the bid and reoffer the property for sale.
	(j)  Chapters 72, 74, 75, and 76, Property Code, do not apply 
to unclaimed or abandoned property to which this article applies.

Amended by Acts 1967, 60th Leg., p. 1737, ch. 659, Sec. 15, eff. 
Aug. 27, 1967;  Acts 1973, 63rd Leg., p. 985, ch. 399, Sec. 2(E), 
eff. Jan. 1, 1974;  Acts 1987, 70th Leg., ch. 1002, Sec. 1, eff. 
Sept. 1, 1987;  Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 4, eff. 
Oct. 18, 1989;  Acts 1991, 72nd Leg., ch. 254, Sec. 1, eff. June 5, 
1991;  Acts 1993, 73rd Leg., ch. 157, Sec. 1, eff. Sept. 1, 1993;  
Acts 1993, 73rd Leg., ch. 321, Sec. 1 to 4, eff. May 28, 1993;  Acts 
1995, 74th Leg., ch. 76, Sec. 3.01 to 3.05, eff. Sept. 1, 1995;  Acts 
2001, 77th Leg., ch. 402, Sec. 18, eff. Sept. 1, 2001.

Last modified: August 10, 2007