Texas statute
Tex. Code Crim. Proc. art. 59.023 — Suit for proceeds
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 59: FORFEITURE OF CONTRABAND, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 59.023
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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; (5) if the property is a digital currency, non-fungible token, stablecoin, or wallet not connected to an exchange or network, the county in which the law enforcement agency that initiated the seizure of the property is located; or (6) 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. (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.
Official sources
This reference is informational and is not legal advice.