SECTION 55.14. Notice of Forfeiture Proceeding

(a) When notice of contraband seizure is given by certified mail, return receipt requested, notice is deemed to have been served when the green card (PS Form 3811) is returned to the officer by the U.S. Postal Service. The officer shall provide returned green card(s) to the prosecuting attorney or to the judge who presides at the hearing, whichever is appropriate. The green card(s) shall be a part of the court's record of the hearing.

(b) Notice of forfeiture proceeding shall be as follows.

(1) At the time of contraband seizure, the officer shall verbally notify each person in possession of seized property that:

(A) a hearing to determine disposition of the property will be held in a court in the county in which seizure took place, at which time the property may be forfeited to the state;

(B) the person may appear at the hearing and claim the property at that time; and

(C) the time, place, and date of the hearing will be posted at the courthouse not less than ten days prior to the hearing.

(2) The officer who seizes contraband shall promptly give written notice of the seizure to the county judge or a judge of a county court at law or district court of the county where the seizure occurred, and the county attorney. The written notice shall include a description of the seized property, and the location and date of seizure.

(3) If the property is a motor vehicle, the officer shall contact the Texas Department of Transportation or appropriate agencies in other states to identify the record owner of the vehicle and any lienholder. If ownership of the motor vehicle is established, the officer shall notify the record owner, and any lienholder, of the forfeiture hearing. The notice shall include a description of the motor vehicle, and the time, place, date, and purpose of the hearing. The notice shall be by certified mail, return receipt requested.

(4) If the property is an aircraft, the officer will request Federal Aviation Administration identification of the record owner of the aircraft and the holder of any perfected security instrument. If ownership of the aircraft is established, the officer shall notify the record owner and the holder of any perfected security instrument of the forfeiture hearing. The notice shall include a description of the aircraft and the time, place, date, and purpose of the hearing. The notice shall be by certified mail, return receipt requested.

(5) If the property is a documented vessel or a vessel bearing a state registration number, the officer shall contact the department or appropiate state or federal agencies to identify the record owner of the vessel and any lienholder. If ownership of the vessel is established, the officer shall notify the record owner, and any lienholder, of the forfeiture hearing. The notice shall include a description of the vessel, and the time, place, date, and purpose of the hearing. The notice shall be by certified mail, return receipt requested.

Source Note: The provisions of this §55.14 adopted to be effective March 13, 1996, 21 TexReg 1683.