(A) All abandoned, stolen, or recovered personal property of every kind which shall remain unclaimed with the municipality for a period of at least 30 days without being claimed or reclaimed by the owners, whether known or not, shall be delivered to the Mayor. This section does not apply to motor vehicles, outboard motors, watercraft, and other vessels as defined in Tex. Transp. Code § 683.001; to beer, whisky, or wine; to contraband subject to forfeiture under Tex. Code Crim. Procedure Ch. 59; to property being held as evidence in a pending case; or when a magistrate orders destruction of the property.
(B) The Mayor shall give notice to the owner of any abandoned, stolen, or recovered personal property that remains unclaimed for 30 days. If the owner is known, notice shall be given by certified mail to the last known address of the owner of the property and include a description of the property, the name and address of the officer holding such property, and a statement indicating that if the owner does not claim the property within six months from the date of the notice, the property will be sold and the proceeds of such sale placed in the municipal treasury. If the owner is unknown or the owner's address is unknown, then the Mayor shall publish a notice of the description of the property, name of the owner, if known, the name and address of the officer holding such property, and a statement indicating that if the owner does not claim the property within six months from the date of the notice, the property will be sold and the proceeds of such sale placed in the municipal treasury.
(C) Before selling any unclaimed personal property, the Mayor shall post a notice of the sale in a newspaper of general circulation in the municipality at least 21 days before the date of the sale. The notice of the sale shall describe the property, the name of the owner if known, and designate the time, date, and place of sale.
(D) The Mayor or his or her designee shall conduct the sale or public auction at which unclaimed personal property is to be sold to the highest bidder. An accurate description of each piece of property sold, the sale price, and the name and address of the bidder shall also be kept. The Mayor or his or her designee shall provide a copy of such report to the Municipal Secretary as soon as possible after the close of sale. A bill of sale of the property shall be executed by the municipality to the purchaser.
(E) The municipality may consider any bid as insufficient and decline such bid and re-offer the property for sale.
(F) The real owner of any personal property sold shall have the right to file a claim to the proceeds of such sale with the Council. If the claim is allowed by the Council, the owner shall be paid such funds as were paid into the treasury of the municipality as proceeds of the sale, after deducting the reasonable expense of keeping such property and the costs of such sale. If the claim is denied by the Council or the Council fails to act upon such claim within 90 days, the claimant may sue the municipality in a court of competent jurisdiction, and upon sufficient proof of ownership recover judgment against the municipality for recovery of the proceeds of the sale.
(G) If the provisions of this section have been met and the property is scheduled for sale, the Police Department may have any property originally seized by the department converted to department use. The Police Department shall return the property to the custody of the Mayor for sale when the Police Department has completed the intended use of the property.
Statutory reference:
Unclaimed or abandoned property, see Tex. Code Crim. Procedure, Art. 18.17 - 18.19