Texas Code of Criminal Procedure - Article 59.04. Notification Of Forfeiture Proceeding
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Art. 59.04. NOTIFICATION OF FORFEITURE PROCEEDING. (a) If a
peace officer seizes property under this chapter, the attorney
representing the state shall commence proceedings under this
section not later than the 30th day after the date of the seizure.
(b) A forfeiture proceeding commences under this chapter
when the attorney representing the state files a notice of the
seizure and intended forfeiture in the name of the state with the
clerk of the district court in the county in which the seizure is
made. The attorney representing the state must attach to the notice
the peace officer's sworn statement under Article 59.03 of this
code or, if the property has been seized under Article 59.12(b), the
statement of the terms and amount of the depository account or
inventory of assets provided by the regulated financial institution
to the peace officer executing the warrant in the manner described
by Article 59.12(b). Except as provided by Subsection (c) of this
article, the attorney representing the state shall cause certified
copies of the notice to be served on the following persons in the
same manner as provided for the service of process by citation in
civil cases:
(1) the owner of the property; and
(2) any interest holder in the property.
(c) If the property is a motor vehicle, and if there is
reasonable cause to believe that the vehicle has been registered
under the laws of this state, the attorney representing the state
shall ask the Texas Department of Transportation to identify from
its records the record owner of the vehicle and any interest holder.
If the addresses of the owner and interest holder are not otherwise
known, the attorney representing the state shall request citation
be served on such persons at the address listed with the Texas
Department of Transportation. If the citation issued to such
address is returned unserved, the attorney representing the state
shall cause a copy of the notice of the seizure and intended
forfeiture to be posted at the courthouse door, to remain there for
a period of not less than 30 days. If the owner or interest holder
does not answer or appear after the notice has been so posted, the
court shall enter a judgment by default as to the owner or interest
holder, provided that the attorney representing the state files a
written motion supported by affidavit setting forth the attempted
service. An owner or interest holder whose interest is forfeited in
this manner shall not be liable for court costs. If the person in
possession of the vehicle at the time of the seizure is not the
owner or the interest holder of the vehicle, notification shall be
provided to the possessor in the same manner specified for
notification to an owner or interest holder.
(d) If the property is a motor vehicle and is not registered
in this state, the attorney representing the state shall attempt to
ascertain the name and address of the person in whose name the
vehicle is licensed in another state. If the vehicle is licensed in
a state that has a certificate of title law, the attorney
representing the state shall request the appropriate agency of that
state to identify the record owner of the vehicle and any interest
holder.
(e) If a financing statement is required by law to be filed
to perfect a security interest affecting the property, and if there
is reasonable cause to believe that a financing statement has been
filed, the attorney representing the state who commences the
proceedings shall ask the appropriate official designated by
Chapter 9, Business & Commerce Code, to identify the record owner of
the property and the person who is an interest holder.
(f) If the property is an aircraft or a part of an aircraft,
and if there is reasonable cause to believe that a perfected
security instrument affects the property, the attorney
representing the state shall request an administrator of the
Federal Aviation Administration to identify from the records of
that agency the record owner of the property and the holder of the
perfected security instrument. The attorney representing the state
shall also notify the Department of Public Safety in writing of the
fact that an aircraft has been seized and shall provide the
department with a description of the aircraft.
(g) If the property is real property, the attorney
representing the state, not later than the third day after the date
proceedings are commenced, shall file a lis pendens notice
describing the property with the county clerk of each county in
which the property is located.
(h) For all other property subject to forfeiture, if there
is reasonable cause to believe that a perfected security instrument
affects the property, the attorney representing the state shall
make a good faith inquiry to identify the holder of the perfected
security instrument.
(i) Except as provided by Section (c) of this article, the
attorney representing the state who commences the proceedings shall
cause the owner and any interest holder to be named as a party and to
be served with citation as provided by the Texas Rules of Civil
Procedure.
(j) A person who was in possession of the property at the
time it was seized shall be made a party to the proceeding.
(k) If no person was in possession of the property at the
time it was seized, and if the owner of the property is unknown, the
attorney representing the state shall file with the clerk of the
court in which the proceedings are pending an affidavit stating
that no person was in possession of the property at the time it was
seized and that the owner of the property is unknown. The clerk of
the court shall issue a citation for service by publication
addressed to "The Unknown Owner of _______," filling in the blank
space with a reasonably detailed description of the property
subject to forfeiture. The citation must contain the other
requisites prescribed by and be served as provided by Rules 114,
115, and 116, Texas Rules of Civil Procedure.
(l) Proceedings commenced under this chapter may not
proceed to hearing unless the judge who is to conduct the hearing is
satisfied that this article has been complied with and that the
attorney representing the state will introduce into evidence at the
hearing any answer received from an inquiry required by Subsections
(c)-(h) of this article.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 1, eff. Oct.
18, 1989. Subsec. (f) amended by Acts 1991, 72nd Leg., ch. 14, Sec.
282, eff. Sept. 1, 1991; Subsec. (b) amended by Acts 1995, 74th
Leg., ch. 533, Sec. 1, eff. Sept. 1, 1995; Subsec. (c) amended by
Acts 1995, ch. 165, Sec. 22(25), eff. Sept. 1, 1995; amended by
Acts 1995, 74th Leg., ch. 533, Sec. 1, eff. Sept. 1, 1995; Subsec.
(i) amended by Acts 1995, 74th Leg., ch. 533, Sec. 1, eff. Sept. 1,
1995; Subsec. (b) amended by Acts 2001, 77th Leg., ch. 438, Sec. 4,
eff. Sept. 1, 2001.
Article: 56.64 57.01 57.02 57.03 59.01 59.02 59.03 59.04 59.05 59.06 59.07 59.08 59.09 59.10 59.11
Last modified: August 11, 2007
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