Texas

Grades
Forfeiture
Law Grade
State Law Evasion Grade  Final
Grade
Texas

 

Forfeiture Law
Texas has broad civil forfeiture laws that offer little protection for property owners— and it uses them, as well as federal equitable sharing, aggressively.  In civil forfeiture proceedings, the state must show that property is related to a crime and subject to forfeiture by a preponderance of the evidence.  This standard is significantly lower than the beyond a reasonable doubt finding required for a criminal conviction.  And property owners bear the burden for innocent owner claims, making owners, in effect, guilty until proven innocent.  Moreover, law enforcement retains up to 90 percent of proceeds from civil forfeiture.Between 2001 and 2007, Texas law enforcement received more than $225 million in civil forfeiture proceeds under state law and $200 million in equitable sharing with the federal government from 2000 to 2008, although these numbers may overlap to some extent, as it is unclear whether freedom of information data includes equitable sharing revenue.

 

Forfeitures as Reported to LEMAS (Drug-related only)

 

Total Assets
Forfeited

Assets Forfeited per
Law Enforcement Agency

1993

$52,627,133

$137,845

1997

$39,234,793

$21,645

2000

$50,216,412

$51,452

2003

$62,011,133

$63,005

 

Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)

 

Proceeds Returned to State

FY 2000

$22,576,969

FY 2001

$19,668,285

FY 2002

$14,419,530

FY 2003

$13,659,504

FY 2004

$19,386,146

FY 2005

$17,123,807

FY 2006

$28,859,716

FY 2007

$36,200,059

FY 2008

$29,552,435

Total

$201,446,451

Average per Year

$22,382,939

 

Freedom of Information Data
Reports of forfeitures from law enforcement, task forces and district attorneys

 

All Local Law
Enforcement

Task Forces

District Attorneys

Total

2001

Currency

$7,224,912.58

$1,377,400.42

$8,843,326.37

$17,445,639

Real Property

$1,164,551.72

$193,292.00

$179,790.70

$1,537,634

Total

$8,389,464

$1,570,692

$9,023,117

$18,983,274

2002

Currency

$207,103.10

$977,923.43

$3,999,492.89

$5,184,519

Real Property

$1,563,336.41

$40,108.01

$214,775.65

$1,818,220

Total

$1,770,440

$1,018,031

$4,214,269

$7,002,739

2003

Currency

$23,159,305.55

$5,791,442.53

$11,051,320.35

$40,002,068

Real Property

$2,031,843.18

$75,696.70

$622,984.37

$2,730,524

Total

$25,191,149

$5,867,139

$11,674,305

$42,732,593

2004

Currency

$23,043,183.50

$6,146,440.65

$6,786,757.93

$35,976,382

Real Property

$2,608,395.63

$1,051,902.37

$982,751.30

$4,643,049

Total

$25,651,579

$7,198,343

$7,769,509

$40,619,431

2005

Currency

$11,985,617.55

$3,955,042.09

$9,368,019.38

$25,308,679

Real Property

$3,192,233.50

$460,740.50

$529,784.50

$4,182,759

Total

$15,177,851

$4,415,783

$9,897,804

$29,491,438

2006

Currency

$23,882,370.27

$1,413,368.61

$7,766,550.47

$33,062,289

Real Property

$3,483,398.02

$432,935.00

$605,523.81

$4,521,857

Total

$27,365,768

$1,846,304

$8,372,074

$37,584,146

2007

Currency

$32,796,988.95

$1,513,726.00

$9,642,951.58

$43,953,667

Real Property

$3,855,765.91

$330,917.00

$1,038,902.28

$5,225,585

Total

$36,652,755

$1,844,643

$10,681,854

$49,179,252

Grand
Total

$140,199,006

$23,760,935

$61,632,932

$225,592,873

Grand Average
per Year

$20,028,429

$3,394,419

$8,804,705

$32,227,553

 

Learn how states were graded and how data was collected

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