Texas Civil Practice and Remedies Code 140B.102 – Civil Forfeiture of Property
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(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 § 72.02, 72.03, or 72.04, 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.
Terms Used In Texas Civil Practice and Remedies Code 140B.102
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
(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, 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 § 68.056(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.