Texas Code of Criminal Procedure 59.022 – Property Removed From This State
(a) This article applies to contraband, other than real property, that is determined to be located outside of this state.
(b) A peace officer who identifies contraband described by Subsection (a) shall provide the attorney representing the state a sworn statement that identifies the contraband and the reasons the contraband is subject to seizure. On receiving the sworn statement, the attorney representing the state may file, in the name of the state, a notice of intended forfeiture in a district court in:
(1) the county in which the contraband, or proceeds used to acquire the contraband, was known to be situated before its removal out of this state;
(2) the county in which any owner or possessor of the contraband was prosecuted for an underlying offense for which the property is subject to forfeiture;
(3) the county in which venue existed for prosecution of an underlying offense for which the property is subject to forfeiture; or
(4) Travis County.
Terms Used In Texas Code of Criminal Procedure 59.022
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Venue: The geographical location in which a case is tried.
(c) The attorney representing the state shall request that citation be served on any person who owns or is in possession or control of the contraband to which this article applies and, on service in accordance with the Texas Rules of Civil Procedure, may move to have the court order that the contraband be:
(1) returned or brought to the jurisdiction of the court; or
(2) delivered to an agent of this state for transportation to the jurisdiction of the court.
(d) The attorney representing the state is entitled to all reasonable discovery in accordance with the Texas Rules of Civil Procedure to assist in identifying and locating contraband described by Subsection (a).
(e) If the court orders the return of contraband under this article, the contraband, after return, is subject to seizure and forfeiture as otherwise provided by this chapter.
(f) If it is found that any person after being served with a citation under Subsection (c) has transported, concealed, disposed of, or otherwise acted to prevent the seizure and forfeiture of contraband described by Subsection (a), the court may:
(1) order the payment to the attorney representing the state of costs incurred in investigating and identifying the location of the contraband, including discovery costs, reasonable attorney’s fees, expert fees, other professional fees incurred by the attorney, and travel expenses;
(2) enter a judgment for civil contempt and impose:
(A) a fine of not more than $10,000 or less than $1,000;
(B) confinement in jail for a term of not more than 30 days or less than 10 days; or
(C) both fine and confinement;
(3) enter a judgment of forfeiture of the person’s interest in the contraband;
(4) enter a judgment in the amount of the fair market value of the contraband;
(5) impose a civil penalty of not more than $25,000 or less than $1,000 for each item of contraband, or each separate fund, of which the person transported, concealed, disposed, or otherwise acted to prevent the seizure and forfeiture; or
(6) order any combination of Subdivisions (1) through (5).