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Texas Civil Practice and Remedies Code - CIV PRAC & REM § 140B.103. Conveyance of Property Subject to Forfeiture

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) If property subject to forfeiture is conveyed, alienated, disposed of, diminished in value, or otherwise rendered unavailable for forfeiture, the investigative agency may, on behalf of the state, bring an action in any district court against the person named in the lien notice under Chapter 68, Property Code, or the defendant in the relevant civil action or criminal proceeding.  If a civil action is pending, the action shall be filed only in the court where the civil action is pending.

(b) The court in an action brought under Subsection (a) shall:

(1) enter final judgment against the person named in the lien notice or the defendant in the relevant civil action or criminal proceeding in an amount equal to:

(A) the fair market value of the property;  and

(B) the investigative costs and attorney fees incurred by the investigative agency in the action;  or

(2) order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture.

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Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 140B.103. Conveyance of Property Subject to Forfeiture - last updated January 01, 2024 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-140b-103/

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