Sec. 103.05. REPORT OF SEIZURE. (a) A peace officer who makes a seizure under Section 103.03 of this code shall make a report in triplicate which lists each item seized and the place and name of the owner, operator, or other person from whom it is seized. One copy of the report shall be verified by oath.
(b) The verified copy shall be retained in the permanent files of the commission or other agency making the seizure. The copy is subject to inspection by any member of the legislature or by any authorized law enforcement agency of the state.
(c) One copy of the report shall be delivered to the person from whom the seizure is made.
(d) A peace officer who makes a false report of the property seized commits a felony punishable by confinement in the Texas Department of Criminal Justice for not less than two years and not more than five years.
(e) A peace officer who fails to file the reports of a seizure as required by this section commits a misdemeanor punishable by a fine of not less than $50 nor more than $100 or by confinement in jail for not less than 10 nor more than 90 days or by both. The commission shall insure that the reports are made by peace officers.
Acts 1977, 65th Leg., p. 505, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 5222, ch. 954, Sec. 1, eff. Aug. 29, 1983.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.008, eff. September 1, 2009.
Structure Texas Statutes
Title 4 - Regulatory and Penal Provisions
Chapter 103 - Illicit Beverages
Section 103.01. Illicit Beverages Prohibited
Section 103.02. Equipment or Material for Manufacture of Illicit Beverages
Section 103.03. Seizure of Illicit Beverages, Etc
Section 103.04. Arrest of Person in Possession
Section 103.05. Report of Seizure
Section 103.06. Beverage Seized by Peace Officer
Section 103.07. Beverage of Illicit Manufacture or Unfit for Consumption
Section 103.08. Sale of Malt Beverage
Section 103.09. Sale of Liquor
Section 103.10. Exercise of Discretion in Case of Mistake
Section 103.11. Proceeds From Sale
Section 103.12. Ceiling Prices During Emergency
Section 103.13. Bonding of Seized Vehicles Pending Suit
Section 103.14. Institution of Suit for Forfeiture
Section 103.15. Notice of Forfeiture Suit
Section 103.16. Forfeiture of a Seized Vehicle
Section 103.17. Forfeiture of Other Seized Property
Section 103.18. Intervention by Secured Creditors
Section 103.19. Transfer of Security Interests
Section 103.20. Disposition of Forfeited Property
Section 103.21. Bill of Sale to Purchaser