H.B. No. 914 seeks to repeal existing civil asset forfeiture provisions in Texas and establish a new framework for criminal asset forfeiture through the introduction of Chapter 59A to the Code of Criminal Procedure. This new chapter defines key terms such as "contraband," "instrumentality," and "offense subject to forfeiture," and outlines the conditions under which property can be forfeited. The bill emphasizes that property can only be forfeited following a conviction for an offense subject to forfeiture, with the state required to prove its case by clear and convincing evidence. It also introduces exemptions from forfeiture for certain properties, including homesteads and low-value items, and establishes procedures for property seizure, including the rights of claimants to contest such actions.

Additionally, the bill amends various sections of the Finance Code and Government Code, focusing on debt collection practices and asset forfeiture handling. It clarifies the definition of "law enforcement agency" and prohibits unfair debt collection practices. The bill mandates that forfeiture proceedings be initiated by the state attorney in district court, with the burden of proof on the state. It also includes provisions to protect innocent owners from forfeiture, requires annual reporting on forfeitures by law enforcement agencies, and prohibits them from retaining or selling forfeited property for their own use. The changes are set to take effect on September 1, 2025, allowing time for adaptation to the new regulations.

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, Family Code 157, Penal Code 37, Finance Code 392, Government Code 2007, Local Government Code 113, Health and Safety Code 481, Education Code 51, Government Code 45, Government Code 54, Health and Safety Code 573, Education Code 96, Occupations Code 1701, Penal Code 38)