Relating to the disposition of abandoned or unclaimed property seized by a peace officer, the official text

H.B. No. 1261

AN ACT

relating to the disposition of abandoned or unclaimed property

seized by a peace officer.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Articles 18.17(a), (b), (c), and (d), Code of

Criminal Procedure, are amended to read as follows:

(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 [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 the [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 the

[such] 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 [Such] notice must

[shall] describe the property being held, give the name and address

of the officer holding the [such] property, and [shall] state that

if the owner does not claim the [such] property before the 90th day

after [within 90 days from] the date of the notice, the [such]

property will be disposed of and the proceeds, after deducting the

reasonable expense of keeping the [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 publish a notice [cause to be

published] 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 [containing] a

general description of the property held, the name of the owner if

known, the name and address of the officer holding the [such]

property, and a statement that if the owner does not claim the

[such] property before the 90th day after [within 90 days from] the

date of the notice, the [publication such] property will be

disposed of and [the proceeds], after deducting the reasonable

expense of keeping the [such] property and the costs of the

disposition, any proceeds from a sale deposited [placed] in the

treasury of the municipality or county selling [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 disposition [sale], any

proceeds from a 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 before [prior to] the date of the

[such] 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 [, stating] the

general description of the property, the name [names] of the owner

if known, and the date and place that the [such] sale will occur.

This article does not require disposition by sale.

SECTION 2. Article 18.17, Code of Criminal Procedure, as

amended by this Act, applies to personal property seized by a peace

officer on or after the effective date of this Act. Personal

property seized before the effective date of this Act is governed by

the law in effect on the date the property was seized, and the

former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 1261 was passed by the House on April

25, 2025, by the following vote: Yeas 127, Nays 4, 3 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1261 was passed by the Senate on May

16, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor