Texas Civil Practice and Remedies Code 140B.103 – Conveyance of Property Subject to Forfeiture
(a) If property subject to forfeiture is conveyed, alienated, disposed of, diminished in value, or otherwise rendered unavailable for forfeiture, the investigative agency may, on behalf of the state, bring an action in any district court against the person named in the lien notice under Chapter 68, Property Code, or the defendant in the relevant civil action or criminal proceeding. If a civil action is pending, the action shall be filed only in the court where the civil action is pending.
(b) The court in an action brought under Subsection (a) shall:
(1) enter final judgment against the person named in the lien notice or the defendant in the relevant civil action or criminal proceeding in an amount equal to:
(A) the fair market value of the property; and
(B) the investigative costs and attorney fees incurred by the investigative agency in the action; or
(2) order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture.
Terms Used In Texas Civil Practice and Remedies Code 140B.103
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005