Texas Attorney General Opinion: JM-899 Page: 2 of 7
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Honorable Jerry Cobb - Page 2 (JM-899)
with certain violations of the Act. Section 5.07 of the
Act sets out the procedures to be followed by a court in
ordering a forfeiture and section 5.08 provides for the
disposition of forfeited property. See generally Attorney
General Opinions JM-678 (1987) and JM-550 (1986).
Section 5.07 of the Controlled Substances Act states
in part:
(a) [If the owner of the property do&s
not file an answer] the court shall hear
evidence that the property is subject to
forfeiture and may upon motion forfeit the
property to the state or an agency of the
state or to a political subdivision of the
state authorized by law to employ peace
officers . .
(d) If it is found that the property is
subject to forfeiture, then the judge shall
upon motion forfeit the property to the
state or an agency of the state or to a
political subdivision of the state
authorized by law to employ peace officers.
However, for property other than a
controlled substance, raw material, or drug
paraphernalia, if proof at the hearing
discloses that the interest of any bona fide
lienholder, secured party, or other person
holding an interest in the property in the
nature of a security interest is greater
than or equal to the present value of the
property, the court shall order the property
released to him. If such interest is less
than the present value of the property and
if the proof shows that the property is
subject to forfeiture, the court shall order
the property to be forfeited to the state or
an agency of the state or to a political
subdivision of the state authorized by law
to emplov peace officers. (Emphasis added.)
A county is a political subdivision of the state,
Childress County v. State, 92 S.W.2d 1011 (Tex. 1936), and
it is authorized to employ peace officers. See Code Crim.
Proc. art. 2.12(1).p. 4432
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-899, text, September 10, 1988; (https://texashistory.unt.edu/ark:/67531/metapth273337/m1/2/: accessed April 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.