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TX SB352

Bill

Status

Introduced

11/13/2024

Primary Sponsor

Sarah Eckhardt

Click for details

Origin

Senate

89th Legislature Regular Session

AI Summary

  • Requires law enforcement agencies to provide written notice to property owners when non-monetary property is seized during a Class C misdemeanor arrest, changing from optional ("may") to mandatory ("shall") notification

  • Extends the deadline for interested parties to appear before a magistrate to contest property destruction or forfeiture from 20 days to 30 days after notice is mailed or posted

  • Shifts the burden of proof in forfeiture hearings from the property owner to the state, requiring the state to prove by preponderance of evidence that it is entitled to destroy or forfeit the seized property

  • Requires that if the state fails to meet its burden of proof, property and any accrued interest must be returned to the owner within 61 days of the magistrate's ruling

  • Allows individuals to bring civil actions against the state or political subdivisions for damages if seized money is not properly stored, with sovereign and governmental immunity waived for such claims

  • Takes effect September 1, 2025, and applies only to property seized on or after that date

Legislative Description

Relating to certain proceedings or procedures involving the disposition of certain contraband or abandoned or unclaimed property.

Property Interests

Last Action

Referred to Criminal Justice

2/3/2025

Committee Referrals

Criminal Justice2/3/2025

Full Bill Text

No bill text available