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Bill

HB 2936

Relating to asset forfeiture proceedings under the Code of Criminal Procedure.

89th Legislature (2025) Introduced by Harold Dutton

HB 2936 modifies Texas asset forfeiture procedures, adjusting how law enforcement can seize property and citizens' rights to challenge seizures in criminal cases.

Referred to Criminal Jurisprudence
#criminalassetforfeiture(s0179) #criminalprocedure--general(i0208)
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Bill Summary · HB 2936

Legislative bill overview

HB 2936 modifies Texas's asset forfeiture procedures under the Code of Criminal Procedure. The bill adjusts how law enforcement can seize property suspected of involvement in criminal activity and the legal processes citizens must follow to challenge these seizures.

Why is this important

Asset forfeiture directly affects property rights and financial security for individuals and businesses. Changes to forfeiture procedures can either strengthen protections for citizens wrongly targeted or expand law enforcement capabilities—making this a significant civil liberties and criminal justice issue with real economic consequences for affected parties.

Potential points of contention

  • Burden of proof standards: Disputes over whether the government or property owner should bear the burden of proving legitimate ownership and whether "preponderance of evidence" or "clear and convincing evidence" is appropriate
  • Notice and due process protections: Questions about whether current notification procedures adequately inform people of their rights and timelines to challenge seizures
  • Innocent owner defenses: Disagreement over how easily property owners can reclaim assets when they claim lack of knowledge about criminal use
  • Law enforcement funding incentives: Concerns about whether forfeiture proceeds create perverse incentives for agencies to target property for financial gain rather than genuine criminal investigation

Compiled from official sources — confirm details with the bill’s official record.

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