Sec. 103.17. FORFEITURE OF OTHER SEIZED PROPERTY. (a) In any suit for forfeiture of proceeds in escrow from a sale of illicit beverages or of property other than vehicles, or both, seized under Section 103.03 of this code, the state shall have the burden of proving that:
(1) the alcoholic beverages were illicit;
(2) the equipment is designed to be used on or is used in manufacturing an illicit beverage; or
(3) the material is to be used in manufacturing an illicit beverage.
(b) If the state fails to prove the facts necessary for forfeiture, the court shall render judgment returning possession of the property or of the proceeds in escrow to the owner or the person in possession at the time of seizure.
(c) If the state proves the facts necessary for forfeiture, the court shall render judgment forfeiting the property or the proceeds in escrow, or both, to the state and ordering disposal in accordance with the provisions of Section 103.20 or Section 103.18(c) of this code.
Acts 1977, 65th Leg., p. 508, ch. 194, Sec. 1, eff. Sept. 1, 1977.
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