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  S.B. No. 367
 
 
 
 
AN ACT
  relating to the disposition of abandoned or unclaimed property
  seized at the time of certain arrests.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.17, Code of Criminal Procedure, is
  amended by adding Subsections (d-1) and (d-2) to read as follows:
         (d-1)  Notwithstanding Subsection (a), (b), (c), or (d), if
  property described by Subsection (a), other than money, is seized
  by a peace officer at the time the owner of the property is arrested
  for an offense punishable as a Class C misdemeanor, the law
  enforcement agency may provide notice to the owner at the time the
  owner is taken into or released from custody.  On receiving the
  notice, the owner must sign the notice and attach a thumbprint to
  the notice.  The notice must include:
               (1)  a description of the property being held;
               (2)  the address where the property is being held; and
               (3)  a statement that if the owner does not claim the
  property before the 31st day after the date the owner is released
  from custody, the property will be disposed of and the proceeds of
  the property, after deducting the reasonable expense of keeping and
  disposing of the property, will be placed in the treasury of the
  municipality or county providing the notice.
         (d-2)  If the property for which notice is provided under
  Subsection (d-1) is not claimed by the owner before the 31st day
  after the date the owner is released from custody, the law
  enforcement agency holding the property shall deliver the property
  for disposition to a person designated by the municipality or to the
  purchasing agent or sheriff of the county in which the property was
  seized, as applicable. The person designated by the municipality,
  the purchasing agent, or the sheriff may sell or donate the property
  without mailing or publishing an additional notice as required by
  Subsection (b), (c), or (d).  The sale proceeds, after deducting the
  reasonable expense of keeping and disposing of the property, must
  be deposited in the treasury of the municipality or county
  disposing of the property.
         SECTION 2.  Article 18.17, Code of Criminal Procedure, as
  amended by this Act, applies to personal property seized or taken
  into custody on or after the effective date of this Act. Personal
  property seized or taken into custody before the effective date of
  this Act is governed by the law in effect on the date the property is
  seized or taken into custody, and the former law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 367 passed the Senate on
  March 27, 2013, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 8, 2013, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 367 passed the House, with
  amendment, on May 1, 2013, by the following vote: Yeas 140,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor