Tex. Civ. Prac. & Rem. Code § 140B.102 · Subchapter C. CIVIL REMEDIES
CIVIL FORFEITURE OF PROPERTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 Section 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.
(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 Section 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.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.140B.htm
- Text hash
- sha256 49d3f5893e84060d4a95b3ce51d942d01eaeae460703f635cd0b506ff42547ff
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Tex. Penal Code § 72.02USE OF PROCEEDS DERIVED FROM RACKETEERING OR UNLAWFUL DEBT COLLECTION.Printed as Section 72.02, 72.03, or 72.04, Penal Code
- Tex. Penal Code § 72.03ACQUISITION OF INTEREST IN PROPERTY OR CONTROL OF ENTERPRISE THROUGH RACKETEERING OR UNLAWFUL DEBT COLLECTION.Printed as Section 72.02, 72.03, or 72.04, Penal Code
- Tex. Penal Code § 72.04PARTICIPATION IN ENTERPRISE THROUGH RACKETEERING OR UNLAWFUL DEBT COLLECTION.Printed as Section 72.02, 72.03, or 72.04, Penal Code
Cited by 2 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 140B.102. Each shows the citation as that text prints it.
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