Texas Code of Criminal Procedure 59.023 – Suit for Proceeds
(a) A peace officer who identifies proceeds that are gained from the commission of an offense listed in Article 59.01(2)(A) or (B) shall provide the attorney representing the state with an affidavit that identifies the amount of the proceeds and that states probable cause that the proceeds are contraband subject to forfeiture. On receiving the affidavit, the attorney representing the state may file for a judgment in the amount of the proceeds in a district court in:
(1) the county in which the proceeds were gained;
(2) the county in which any owner or possessor of the property 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;
(4) the county in which the proceeds were seized; or
(5) Travis County.
(b) If the court determines that, based on an examination of the affidavit described by Subsection (a), probable cause exists for the suit to proceed, the court shall order that citation be served on all defendants named in the suit in accordance with the Texas Rules of Civil Procedure.
Terms Used In Texas Code of Criminal Procedure 59.023
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: means real and personal property. See Texas Government Code 311.005
- Venue: The geographical location in which a case is tried.
(c) Each person who is shown to have been a party to an underlying offense for which the proceeds are subject to forfeiture is jointly and severally liable in a suit under this article, regardless of whether the person has been charged for the offense.