Texas Parks and Wildlife Code 12.1106 – Seizure and Disposition of Contraband; Immunity
(a) A game warden or other peace officer who has probable cause to believe property is contraband may seize the property without a warrant.
(b) The warden or officer shall give notice of the seizure, including a description of the seized property and the location and date of seizure, to the county judge or a judge of a county court at law, justice court, or district court of the county where the seizure occurred:
(1) when a person pleads guilty or nolo contendere to, is convicted of, or is placed on deferred adjudication for:
(A) an offense under § 66.006, § 66.2011, or Subchapter G, Chapter 43, of this code; or
(B) a second or subsequent offense under § 61.022, 62.003, 62.004, or 62.005 of this code; or
(2) if no person is arrested for an offense immediately after the warden or officer seizes the property.
Terms Used In Texas Parks and Wildlife Code 12.1106
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- 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
- Sell: means to transfer the ownership or the right of possession of an item to a person for consideration and includes a barter and an even exchange. See Texas Parks and Wildlife Code 1.101
(c) The court shall direct the sheriff or a constable to post a copy of the notice in the county courthouse for not less than 10 days. At the expiration of 10 days, the court shall hold a hearing to determine if the seized property is contraband.
(d) The court shall order the seized property:
(1) forfeited to the department if the court determines by a preponderance of the evidence that:
(A) the seized property is contraband and a person pleaded guilty or nolo contendere to, was convicted of, or was placed on deferred adjudication for:
(i) an offense under § 66.006, § 66.2011, or Subchapter G, Chapter 43, of this code; or
(ii) a second or subsequent offense under § 61.022, 62.003, 62.004, or 62.005 of this code; or
(B) the seized property is contraband and no person was arrested for an offense immediately after the warden or officer seized the property; or
(2) released to the owner if:
(A) the person charged with an offense under § 66.006, § 66.2011, or Subchapter G, Chapter 43, of this code or a second or subsequent offense under § 61.022, 62.003, 62.004, or 62.005 of this code is acquitted or the charge is dismissed; or
(B) the court determines that the seized property is not contraband.
(e) If the department receives a forfeiture order from a court as authorized by this section, the department may:
(1) use the seized property in its normal operations;
(2) sell or transfer the property; or
(3) destroy the property.
(f) A warden or officer who seizes property under this section is immune from liability and from suit for a seizure and disposition of property as authorized by this section.
(g) The commission may adopt rules to implement this section.
(h) The department shall deposit money received under this section in the state treasury to the credit of the game, fish, and water safety account.