Tex. Code of Crim. Proc. Article 18.095
Seizure of Circuit Board of Gambling Device, Equipment, or Paraphernalia


For purposes of this chapter, an officer directed under a search warrant to search for and seize a gambling device or equipment, altered gambling equipment, or gambling paraphernalia in the discretion of the officer may:

(1)

seize only the programmable main circuit board of the device, equipment, or paraphernalia if that circuit board is designed as a subassembly or essential part of the device, equipment, or paraphernalia to provide the information necessary for the device, equipment, or paraphernalia to operate as a gambling device or equipment, altered gambling equipment, or gambling paraphernalia;

(2)

carry the circuit board before the magistrate; and

(3)

retain custody of the circuit board as the property seized pursuant to the warrant as required under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 898 (H.B. 358), Sec. 1, eff. September 1, 2009.
Art. 18.10. HOW RETURN MADE.

(a)

Not later than three whole days after executing a search warrant, the officer shall return the search warrant. Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which the warrant has been executed. The officer shall also deliver to the magistrate a copy of the inventory of the property taken into his possession under the warrant. The failure of an officer to make a timely return of an executed search warrant or to submit an inventory of the property taken into the officer’s possession under the warrant does not bar the admission of evidence under Article 38.23 (Evidence Not to Be Used). The officer who seized the property shall retain custody of it until the magistrate issues an order directing the manner of safekeeping the property. Except as otherwise provided by Subsection (b), the property may not be removed from the county in which it was seized without an order approving the removal, issued by a magistrate in the county in which the warrant was issued; provided, however, nothing herein shall prevent the officer, or his department, from forwarding any item or items seized to a laboratory for scientific analysis.

(b)

For the purposes of complying with this article, property seized pursuant to a warrant executed under Article 18.067 (Execution of Warrant for Blood Specimen in Intoxication Offense) may be removed from the county in which it was seized and returned to the county in which the warrant was issued without a court order.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 3, eff. Sept. 1, 1981.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 174 (H.B. 3237), Sec. 2, eff. May 26, 2017.
Acts 2021, 87th Leg., R.S., Ch. 596 (S.B. 1047), Sec. 2, eff. September 1, 2021.

Source: Article 18.095 — Seizure of Circuit Board of Gambling Device, Equipment, or Paraphernalia, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­18.­htm#18.­095 (accessed Mar. 23, 2024).

Accessed:
Mar. 23, 2024

Art. 18.095’s source at texas​.gov