H.B. No. 914 proposes significant changes to asset forfeiture laws in Texas by repealing existing civil asset forfeiture provisions and establishing a new framework for criminal asset forfeiture under Chapter 59A of the Code of Criminal Procedure. The bill introduces key definitions such as "contraband," "instrumentality," and "offense subject to forfeiture," which clarify the types of property that can be forfeited and the conditions for such actions. It emphasizes that property can only be forfeited if a person is convicted of an offense, requiring the state to provide clear and convincing evidence. The legislation also includes exemptions for certain properties, such as homesteads and low-value items, and outlines the rights of claimants to contest seizures, aiming to create a more equitable and structured asset forfeiture process.

Additionally, the bill introduces amendments that focus on the rights of innocent property owners and the proportionality of forfeitures. It establishes a "Proportionality Hearing" for defendants to challenge excessive forfeitures, with specific provisions for properties valued under $10,000. The bill ensures that innocent owners can retain their property if they prove their legal interest and lack knowledge of the underlying offense. It also mandates that any proceeds from forfeiture actions be deposited into an escrow account for crime victims, prohibits law enforcement from retaining or selling forfeited property for their own use, and requires training for law enforcement agencies on the new regulations. The bill is set to take effect on September 1, 2025, and aims to enhance accountability and transparency in the asset forfeiture process.

Statutes affected:
Introduced: Commerce Code 72.051, Education Code 51.406, Education Code 96.641, Family Code 157.317, Finance Code 392.303, Government Code 45.193, Government Code 54.2205, Government Code 54.2405, Government Code 54.2606, Government Code 54.2811, Government Code 54.656, Government Code 2007.003, Health and Safety Code 481.159, Health and Safety Code 481.160, Health and Safety Code 573.0001, Local Government Code 113.008, Occupations Code 1701.253, Penal Code 37.08, Penal Code 38.152 (Commerce Code 72, Occupations Code 1701, Government Code 54, Local Government Code 113, Health and Safety Code 481, Education Code 96, Penal Code 38, Government Code 2007, Finance Code 392, Education Code 51, Family Code 157, Penal Code 37, Government Code 45, Health and Safety Code 573)