CODE OF CRIMINAL PROCEDURE
CHAPTER 18. SEARCH WARRANTS

(d) The sale under this article of any property that has a fair market value of $500 or more shall be
preceded by a notice published once at least 14 days prior to the date of such sale in a newspaper
of general circulation in the municipality or county where the sale is to take place, stating the
general description of the property, the names of the owner if known, and the date and place that
such sale will occur.  This article does not require disposition by sale.
(e) The real owner of any property disposed of shall have the right to file a claim to the proceeds
with the commissioners court of the county or with the governing body of the municipality in which
the disposition took place.  A claim by the real owner must be filed not later than the 30th day after
the date of disposition.  If the claim is allowed by the commissioners court or the governing body of
the municipality, the municipal or county treasurer shall pay the owner such funds as were paid into
the treasury of the municipality or county as proceeds of the disposition. If the claim is denied by
the commissioners court or the governing body or if said court or body fails to act upon such claim
within 90 days, the claimant may sue the municipal or county treasurer in a court of competent
jurisdiction in the county, and upon sufficient proof of ownership, recover judgment against such
municipality or county for the recovery of the proceeds of the disposition.
(f) For the purposes of this article:
(1) "Person designated by a municipality" means an officer or employee of a municipality who is
designated by the municipality to be primarily responsible for the disposition of property under this
article.
(2) "Property held as evidence" means property related to a charge that has been filed or to a
matter that is being investigated for the filing of a charge.
(g) If the provisions of this section have been met and the property is scheduled for disposition, the
municipal or county law enforcement agency that originally seized the property may request and
have the property converted to agency use.  The agency at any time may transfer the property to
another municipal or county law enforcement agency for the use of that agency.  The agency last
using the property shall return the property to the person designated by the municipality, county
purchasing agent, or sheriff, as the case may be, for disposition when the agency has completed
the intended use of the property.
(h) If the abandoned or unclaimed personal property is money, the person designated by the
municipality, the county purchasing agent, or the sheriff of the county, as appropriate, may, after
giving notice under Subsection (b) or (c) of this article, deposit the money in the treasury of the
municipality or county giving notice without conducting the sale as required by Subsection (d) of this
article.
(i) While offering the property for sale under this article, if a person designated by a municipality,
county purchasing agent, or sheriff considers any bid as insufficient, the person, agent, or sheriff
may decline the bid and reoffer the property for sale.
(j) Chapters 72, 74, 75, and 76, Property Code, do not apply to unclaimed or abandoned property
to which this article applies.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1737, ch. 659,
Sec. 15, eff. Aug. 27, 1967;  Acts 1973, 63rd Leg., p. 985, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 1002, Sec. 1, eff. Sept. 1, 1987;  Subsec. (a) amended by
Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 4, eff. Oct. 18, 1989;  Subsec. (g) amended by Acts
1991, 72nd Leg., ch. 254, Sec. 1, eff. June 5, 1991.  Amended by Acts 1993, 73rd Leg., ch. 157,
Sec. 1, eff. Sept. 1, 1993;  Subsecs. (c), (d) amended by Acts 1993, 73rd Leg., ch. 321, Sec. 3, eff.
May 28, 1993;  Subsec. (f) amended by Acts 1993, 73rd Leg., ch. 321, Sec. 2, eff. May 28, 1993;  
Subsec. (h) added by Acts 1993, 73rd Leg., ch. 321, Sec. 1, eff. May 28, 1993;  Subsec. (i) added
by Acts 1993, 73rd Leg., ch. 321, Sec. 4, eff. May 28, 1993;  Subsec. (c) amended by Acts 1995,
74th Leg., ch. 76, Sec. 3.01, eff. Sept. 1, 1995;  Subsec. (d) amended by Acts 1995, 74th Leg., ch.
76, Sec. 3.02, eff. Sept. 1, 1995;  Subsec. (f) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.03,
eff. Sept. 1, 1995;  Subsec. (h) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.04, eff. Sept. 1,
1995;  Subsec. (i) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.05, eff. Sept. 1, 1995;  Subsec.
(j) added by Acts 2001, 77th Leg., ch. 402, Sec. 18, eff. Sept. 1, 2001.
Art. 18.18. DISPOSITION OF GAMBLING PARAPHERNALIA, PROHIBITED WEAPON, CRIMINAL
INSTRUMENT, AND OTHER CONTRABAND.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.13
Text of subsection effective on April 1, 2009
(g)  For purposes of this article:
(1)  "criminal instrument" has the meaning defined in the Penal Code;
(2)  "gambling device or equipment, altered gambling equipment or gambling paraphernalia" has
the meaning defined in the Penal Code;
(3)  "prohibited weapon" has the meaning defined in the Penal Code;
(4)  "dog-fighting equipment" means:
(A)  equipment used for training or handling a fighting dog, including a harness, treadmill, cage,
decoy, pen, house for keeping a fighting dog, feeding apparatus, or training pen;
(B)  equipment used for transporting a fighting dog, including any automobile, or other vehicle, and
its appurtenances which are intended to be used as a vehicle for transporting a fighting dog;
(C)  equipment used to promote or advertise an exhibition of dog fighting, including a printing
press or similar equipment, paper, ink, or photography equipment; or
(D)  a dog trained, being trained, or intended to be used to fight with another dog;
(5)  "obscene device" and "obscene" have the meanings assigned by Section 43.21, Penal Code;
(6)  "re-encoder" has the meaning assigned by Section 522.001, Business & Commerce Code;
(7)  "scanning device" has the meaning assigned by Section 522.001, Business & Commerce Code;
and
(8)  "obscene material" and "child pornography" include digital images and the media and
equipment on which those images are stored.
(a)  Following the final conviction of a person for possession of a gambling device or equipment,
altered gambling equipment, or gambling paraphernalia, for an offense involving a criminal
instrument, for an offense involving an obscene device or material, for an offense involving child
pornography, or for an offense involving a scanning device or re-encoder, the court entering the
judgment of conviction shall order that the machine, device, gambling equipment or gambling
paraphernalia, instrument, obscene device or material, child pornography, or scanning device or
re-encoder be destroyed or forfeited to the state.  Not later than the 30th day after the final
conviction of a person for an offense involving a prohibited weapon, the court entering the judgment
of conviction on its own motion, on the motion of the prosecuting attorney in the case, or on the
motion of the law enforcement agency initiating the complaint on notice to the prosecuting attorney
in the case if the prosecutor fails to move for the order shall order that the prohibited weapon be
destroyed or forfeited to the law enforcement agency that initiated the complaint.  If the court fails
to enter the order within the time required by this subsection, any magistrate in the county in which
the offense occurred may enter the order.  Following the final conviction of a person for an offense
involving dog fighting, the court entering the judgment of conviction shall order that any
dog-fighting equipment be destroyed or forfeited to the state.  Destruction of dogs, if necessary,
must be carried out by a veterinarian licensed in this state or, if one is not available, by trained
personnel of a humane society or an animal shelter.  If forfeited, the court shall order the
contraband delivered to the state, any political subdivision of the state, or to any state institution or
agency.  If gambling proceeds were seized, the court shall order them forfeited to the state and
shall transmit them to the grand jury of the county in which they were seized for use in investigating
alleged violations of the Penal Code, or to the state, any political subdivision of the state, or to any
state institution or agency.
(b)  If there is no prosecution or conviction following seizure, the magistrate to whom the return was
made shall notify in writing the person found in possession of the alleged gambling device or
equipment, altered gambling equipment or gambling paraphernalia, gambling proceeds, prohibited
weapon, obscene device or material, child pornography, scanning device or re-encoder, criminal
instrument, or dog-fighting equipment to show cause why the property seized should not be
destroyed or the proceeds forfeited.  The magistrate, on the motion of the law enforcement agency
seizing a prohibited weapon, shall order the weapon destroyed or forfeited to the law enforcement
agency seizing the weapon, unless a person shows cause as to why the prohibited weapon should
not be destroyed or forfeited.  A law enforcement agency shall make a motion under this section in
a timely manner after the time at which the agency is informed in writing by the attorney
representing the state that no prosecution will arise from the seizure.
(c) The magistrate shall include in the notice a detailed description of the property seized and the
total amount of alleged gambling proceeds;  the name of the person found in possession;  the
address where the property or proceeds were seized;  and the date and time of the seizure.
(d) The magistrate shall send the notice by registered or certified mail, return receipt requested, to
the person found in possession at the address where the property or proceeds were seized.  If no
one was found in possession, or the possessor's address is unknown, the magistrate shall post the
notice on the courthouse door.
(e)  Any person interested in the alleged gambling device or equipment, altered gambling
equipment or gambling paraphernalia, gambling proceeds, prohibited weapon, obscene device or
material, child pornography, scanning device or re-encoder, criminal instrument, or dog-fighting
equipment seized must appear before the magistrate on the 20th day following the date the notice
was mailed or posted.  Failure to timely appear forfeits any interest the person may have in the
property or proceeds seized, and no person after failing to timely appear may contest destruction or
forfeiture.
(f)  If a person timely appears to show cause why the property or proceeds should not be destroyed
or forfeited, the magistrate shall conduct a hearing on the issue and determine the nature of
property or proceeds and the person's interest therein.  Unless the person proves by a
preponderance of the evidence that the property or proceeds is not gambling equipment, altered
gambling equipment, gambling paraphernalia, gambling device, gambling proceeds, prohibited
weapon, obscene device or material, child pornography, criminal instrument, scanning device or
re-encoder, or dog-fighting equipment and that he is entitled to possession, the magistrate shall
dispose of the property or proceeds in accordance with Paragraph (a) of this article.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.002
Text of subsection effective until April 1, 2009
(g)  For purposes of this article:
(1)  "criminal instrument" has the meaning defined in the Penal Code;
(2)  "gambling device or equipment, altered gambling equipment or gambling paraphernalia" has
the meaning defined in the Penal Code;
(3)  "prohibited weapon" has the meaning defined in the Penal Code;
(4)  "dog-fighting equipment" means:
(A)  equipment used for training or handling a fighting dog, including a harness, treadmill, cage,
decoy, pen, house for keeping a fighting dog, feeding apparatus, or training pen;
(B)  equipment used for transporting a fighting dog, including any automobile, or other vehicle, and
its appurtenances which are intended to be used as a vehicle for transporting a fighting dog;
(C)  equipment used to promote or advertise an exhibition of dog fighting, including a printing
press or similar equipment, paper, ink, or photography equipment; or
(D)  a dog trained, being trained, or intended to be used to fight with another dog;
(5)  "obscene device" and "obscene" have the meanings assigned by Section 43.21, Penal Code;
(6)  "re-encoder" has the meaning assigned by Section 35.60, Business & Commerce Code;
(7)  "scanning device" has the meaning assigned by Section 35.60, Business & Commerce Code;
and
(8)  "obscene material" and "child pornography" include digital images and the media and
equipment on which those images are stored.
(h)  No provider of an electronic communication service or of a remote computing service to the
public shall be held liable for an offense involving obscene material or child pornography under this
section on account of any action taken in good faith in providing that service.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 986, ch. 399,
Sec. 2(E), eff. Jan. 1, 1974.
Subsecs. (a), (b), (e), (f), (g) amended by Acts 1983, 68th Leg., pp. 1611, ch. 305, Sec. 2, 3, eff.
Sept. 1, 1983.  Amended by Acts 1983, 68th Leg., p. 1899, ch. 351, Sec. 1, eff. Sept. 1, 1983;  
Subsec. (a) amended by
Our law firm has handled thousands of criminal charges including:

Juvenile Law, Family Violence, Assault, Drug Charges, Theft,

Shoplifting, Possession of Marijuana, Felonies, Misdemeanors,

Failure to Stop and Give Information, Reckless Driving,

Possession of a Controlled

Substance, Possession of Cocaine, Motions to Revoke Probation or

Deferred Adjudication, Burglary of a Building or Habitation, Runaway,

Truancy, Vandalism.

We have helped thousands of people get their cases dismissed, reduced,

or kept off their records and

we can help you.



Please call today  713-697-4373
.b
Any time you are charged with a criminal charge it is a very serious
matter requiring a
criminal lawyer.


Long term effects can include a criminal record FOR LIFE, affect your
ability to get a job, obtain credit including denial of a mortgage
application, loss of your Driver's License, surcharges on your
License......and the list goes on and on.  These can be avoided with a good
Houston Criminal Defense Lawyer.
.
Code of Criminal Procedure Ch 1
Code of Criminal Procedure Ch 2
Code of Criminal Procedure Ch 3
Code of Criminal Procedure Ch 4
Code of Criminal Procedure Ch 5
Code of Criminal Procedure Ch 6
Code of Criminal Procedure Ch 7
Code of Criminal Procedure Ch 8
Code of Criminal Procedure Ch 9
Code of Criminal Procedure Ch 10
Code of Criminal Procedure Ch 11
Code of Criminal Procedure Ch 12
Code of Criminal Procedure Ch 13
Code of Criminal Procedure Ch 14
Code of Criminal Procedure Ch 15
Code of Criminal Procedure Ch 16
Code of Criminal Procedure Ch 17
Code of Criminal Procedure Ch 17a
Code of Criminal Procedure Ch 18 1
Code of Criminal Procedure Ch 18 2
Code of Criminal Procedure Ch 18 3
Code of Criminal Procedure Ch 18  4
Code of Criminal Procedure Ch 18  5
Code of Criminal Procedure Ch 18  6
Code of Criminal Procedure Ch 18  7
Code of Criminal Procedure Ch 18 8
Code of Criminal Procedure Ch 18 9
Code of Criminal Procedure Ch 18  10
Code of Criminal Procedure Ch 18  11
Code of Criminal Procedure Ch 19
Code of Criminal Procedure Ch 20
Code of Criminal Procedure Ch 21
Code of Criminal Procedure Ch 22]
Code of Criminal Procedure Ch 23
Code of Criminal Procedure Ch 24
Code of Criminal Procedure Ch 25
Code of Criminal Procedure Ch 26 1
Code of Criminal Procedure Ch 26  2
Code of Criminal Procedure Ch 26  3
Code of Criminal Procedure Ch 27
Code of Criminal Procedure Ch 28
Code of Criminal Procedure Ch 29
Code of Criminal Procedure Ch 30
Code of Criminal Procedure Ch 31
Code of Criminal Procedure Ch 32
Code of Criminal Procedure Ch 32a
Code of Criminal Procedure Ch 33
Code of Criminal Procedure Ch 34
Code of Criminal Procedure Ch 35 - 1
Code of Criminal Procedure Ch 35 - 2
Code of Criminal Procedure Ch 36 - 1
Code of Criminal Procedure Ch 36 - 2
Code of Criminal Procedure Ch 37 - 1
Code of Criminal Procedure Ch 37 - 2
Code of Criminal Procedure Ch 37 - 3
Code of Criminal Procedure Ch 38 - 1
Code of Criminal Procedure Ch 38 - 2
Code of Criminal Procedure Ch 38 - 3
Code of Criminal Procedure Ch 38 - 4
Code of Criminal Procedure Ch 39
Code of Criminal Procedure Ch 40
Code of Criminal Procedure Ch 42-1
Code of Criminal Procedure Ch 42-2
Code of Criminal Procedure Ch 42-3
Code of Criminal Procedure Ch 42-4
Code of Criminal Procedure Ch 42-5
Code of Criminal Procedure Ch 42-6
Code of Criminal Procedure Ch 42-7
Code of Criminal Procedure Ch 42-8
Code of Criminal Procedure Ch 42-9
Code of Criminal Procedure Ch 42-10
Code of Criminal Procedure Ch 43-1l
Code of Criminal Procedure Ch 43-2
Code of Criminal Procedure Ch 44-1
Code of Criminal Procedure Ch 44-2
Code of Criminal Procedure Ch 45-1
Code of Criminal Procedure Ch 45-2
Code of Criminal Procedure Ch 45-3
Code of Criminal Procedure Ch 45 - 4
Code of Criminal Procedure Ch 45-5
Code of Criminal Procedure Ch 45-6
Code of Criminal Procedure Ch 46
Code of Criminal Procedure Ch 46a
Code of Criminal Procedure Ch 46b-1
Code of Criminal Procedure Ch 46b-2
Code of Criminal Procedure Ch 46b-3
Code of Criminal Procedure Ch 46b-4
THE TEXAS
CONSTITUTION

FREEDOM AND SOVEREIGNTY
OF STATE
REPUBLICAN FORM OF
GOVERNMENT
EQUAL RIGHTS
EQUALITY UNDER THE LAW
RELIGIOUS TESTS
RELIGIOUS BELIEFS; OATHS
AND AFFIRMATIONS
FREEDOM OF WORSHIP
APPROPRIATIONS FOR
SECTARIAN PURPOSES
FREEDOM OF SPEECH AND
PRESS; LIBEL
SEARCHES AND VIOLATION OF
CONDITION OF RELEASE
PENDING TRIAL; DENIAL OF
BAIL, SEIZURES
RIGHTS OF ACCUSED IN
CRIMINAL PROSECUTIONS
BAIL
MULTIPLE CONVICTIONS;
DENIAL OF BAIL
VIOLATION OF AN ORDER FOR
EMERGENCY PROTECTION
INVOLVING FAMILY VIOLENCE
HABEAS CORPUS
EXCESSIVE BAIL OR FINES;
CRUEL AND UNUSUAL
PUNISHMENT; REMEDY BY
DUE COURSE OF LAW
DOUBLE JEOPARDY
RIGHT OF TRIAL BY JURY
COMMITMENT OF PERSONS OF
UNSOUND MIND
BILLS OF ATTAINDER; EX POST
FACTO OR RETROACTIVE
LAWS; IMPAIRING
OBLIGATION OF CONTRACTS
DAMAGING, OR DESTROYING
PROPERTY
DEPRIVATION OF LIFE,
LIBERTY, ETC.; DUE COURSE OF
LAW
RIGHT TO KEEP AND BEAR
ARMS
RIGHT OF ASSEMBLY;
PETITION FOR REDRESS OF
GRIEVANCES
RIGHTS OF CRIME VICTIMS
COMPENSATION TO VICTIMS OF
CRIME
MARRIAGE
DIVISION OF POWERS
LEGISLATIVE DEPARTMENT
JUDGE OF QUALIFICATIONS
RULES OF PROCEDURE
VACANCIES; WRITS OF
ELECTION
PRIVILEGED FROM ARREST
DISRESPECTFUL OR
DISORDERLY CONDUCT
COLLECTORS OF TAXES
Texas Ethics Commission
HOUSE OF REPRESENTATIVES
Senators and Representatives
LAWS PASSED BY BILL
DEFEATED BILLS AND
RESOLUTIONS
EFFECT OF LAWS;
EMERGENCIES
REVISION OF LAWS
CHANGE OF VENUE IN CIVIL
AND CRIMINAL CASES
LOTTERIES AND GIFT
ENTERPRISES; BINGO GAMES
EMERGENCY SERVICES
DISTRICTS
JAIL DISTRICTS
Texas State Debt
COMPTROLLER OF PUBLIC
ACCOUNTS
VETERANS' HOUSING
ASSISTANCE FUND
VETERANS' LAND BOARD;
BOND ISSUES
The Houston, Texas,  law firm of Andy Nolen,  represents people who have been accused of a state crime in Texas, including in communities such as
League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West
University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris
County.  Cases handled include: Domestic Violence, Theft, Shoplifting, Drunk Driving, Evading Arrest.  All misdemeanors including DWI, also called DUI
and all Felonies.
ARE YOU FACING A
CRIMINAL CHARGE?

If so, you need a lawyer
with experience in
criminal courts.

Houston Criminal
Attorney Andy Nolen has
over 17 years criminal
defense experience.
ANDY NOLEN HOUSTON CRIMINAL LAWYER
OVER 17 YEARS  CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT