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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 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.
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