Bill > HB914

This bill replaces the existing civil asset forfeiture system in Texas with a new criminal asset forfeiture framework that requires a criminal conviction before property can be permanently seized. The bill establishes a comprehensive set of rules for asset forfeiture, including definitions of key terms like "contraband" and "instrumentality", and specifies that property can only be forfeited after a person is convicted of certain felonies or serious misdemeanors. The bill includes important protections for property owners, such as exempting homestead property, vehicles under $10,000, and small amounts of currency. It also introduces a proportionality hearing where defendants can challenge whether the forfeiture is excessively harsh relative to the crime committed. The legislation requires law enforcement agencies to report detailed information about seizures annually and prohibits agencies from directly selling seized property to their own employees or other law enforcement agencies. Notably, the bill preserves a limited form of civil forfeiture for certain situations where property owners are unavailable or have not claimed their property, but significantly narrows the scope of such seizures. The new law aims to deter criminal activity while protecting against wrongful property seizures and ensuring greater transparency in the asset forfeiture process.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB914