Texas Alcoholic Beverage Code 103.17 – Forfeiture of Other Seized Property
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(a) In any suit for forfeiture of proceeds in escrow from a sale of illicit beverages or of property other than vehicles, or both, seized under § 103.03 of this code, the state shall have the burden of proving that:
(1) the alcoholic beverages were illicit;
(2) the equipment is designed to be used on or is used in manufacturing an illicit beverage; or
(3) the material is to be used in manufacturing an illicit beverage.
(b) If the state fails to prove the facts necessary for forfeiture, the court shall render judgment returning possession of the property or of the proceeds in escrow to the owner or the person in possession at the time of seizure.
Terms Used In Texas Alcoholic Beverage Code 103.17
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Illicit beverage: means an alcoholic beverage:
(A) manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code;
(B) on which a tax imposed by the laws of this state has not been paid and to which the tax stamp, if required, has not been affixed; or
(C) possessed, kept, stored, owned, or imported with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse, store, or transport in violation of this code. See Texas Alcoholic Beverage Code 1.04 - Person: means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. See Texas Alcoholic Beverage Code 1.04
- Property: means real and personal property. See Texas Government Code 311.005
(c) If the state proves the facts necessary for forfeiture, the court shall render judgment forfeiting the property or the proceeds in escrow, or both, to the state and ordering disposal in accordance with the provisions of § 103.20 or § 103.18(c) of this code.