Tex.
Civ. Practice & Remedies Code Section 140B.102
Civil Forfeiture of Property
(a)
All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct constituting an offense under Section 72.02 (Use of Proceeds Derived from Racketeering or Unlawful Debt Collection), 72.03 (Acquisition of Interest in Property or Control of Enterprise Through Racketeering or Unlawful Debt Collection), or 72.04 (Participation in Enterprise Through Racketeering or Unlawful Debt Collection), Penal Code, is subject to civil forfeiture to the state under this chapter.(b)
An investigative agency, on behalf of this state, may bring a civil action for forfeiture:(1)
in the district court for the judicial district in which real or personal tangible property described by Subsection (a) is located;(2)
in a district court in this state regarding intangible property described by Subsection (a); and(3)
in the county in which real or personal tangible property described by Subsection (a) was seized.(c)
On entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall relate back:(1)
in the case of real property or a beneficial interest:(A)
to the date of filing of a lien notice under Chapter 68 (Rico Liens), Property Code, in the official records of the county where the real property or beneficial trust is located;(B)
if no lien notice is filed, to the date of the filing of any notice of lis pendens under Section 68.056 (Lis Pendens; Interests of Persons Acquiring Interest in Property)(a), Property Code, in the official records of the county where the real property or beneficial interest is located; or(C)
if no lien notice or notice of lis pendens is filed, to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located; or(2)
in the case of personal property, to the date the personal property was seized by the investigative agency.(d)
For purposes of this section, a beneficial interest is considered to be located where real property owned by the trustee is located.
Source:
Section 140B.102 — Civil Forfeiture of Property, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.140B.htm#140B.102 (accessed May 18, 2024).
