Tex. Civ. Practice & Remedies Code Section 140B.105
Seizure of Property

(a)

Property subject to forfeiture under this subchapter may be seized by a law enforcement officer on court process. Seizure without process may be made if:

(1)

the seizure is incident to a lawful arrest or search conducted under a warrant issued under Chapter 18 (Search Warrants), Code of Criminal Procedure; or

(2)

the property subject to seizure has been the subject of a previous judgment in favor of the state in a forfeiture action brought under this subchapter.

(b)

For a seizure conducted under this section, an investigative agency shall promptly commence a forfeiture action under Section 140B.102 (Civil Forfeiture of Property).

Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.

Source: Section 140B.105 — Seizure of Property, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.140B.htm#140B.105 (accessed Jun. 5, 2024).

140B.001
Definitions 140B.002
Special Docketing Procedures 140B.003
Previously Seized Assets 140B.051
Definitions 140B.052
Civil Investigative Demand 140B.053
Contents of Demand 140B.054
Service 140B.055
Petition for Order Modifying or Setting Aside Demand 140B.056
Compliance with Demand 140B.057
Documentary Material 140B.058
Interrogatories 140B.059
Oral Examination 140B.060
Failure to Comply with Demand Petition for Enforcement 140B.061
Criminal Offense: Deliberate Noncompliance 140B.062
Disclosure and Use of Material and Information 140B.063
Jurisdiction 140B.064
Nonexclusive Procedures 140B.101
Civil Remedies 140B.102
Civil Forfeiture of Property 140B.103
Conveyance of Property Subject to Forfeiture 140B.104
Disposition of Forfeited Property 140B.105
Seizure of Property 140B.106
Storage of Seized Property Pending Forfeiture Action 140B.107
Civil Action Brought by Attorney General, Local Prosecutor, or State Agency 140B.108
Effect of Final Judgment or Decree 140B.109
Other Relief Available to Attorney General 140B.110
Notice to Local Prosecutor 140B.111
Cooperation with Local Prosecutor 140B.112
Abatement of Action 140B.113
Limitations 140B.114
Multiple Remedies Allowed 140B.151
Initial Distribution 140B.152
Distribution of Remaining Money 140B.153
Effect on Settlements 140B.154
Temporary Deposit in Court Registry

Accessed:
Jun. 5, 2024

§ 140B.105’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._civ._practice_and_remedies_code_section_140b.105

Original Source: Section 140B.105 — Seizure of Property, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.140B.htm#140B.105 (last accessed Jun. 5, 2024).