Destruction of Seized Property by Law Enforcement in Texas

In certain instances when a Texas law enforcement agency seizes property, it may have the right or obligation to destroy specific property. However, the owner of such property may also challenge the property's destruction in certain cases.

Seized Weapons

• When Texas law enforcement officers seize a weapon, the owner of the weapon must make a written request to have the weapon returned in order to avoid having the property destroyed. The written request must be made within 61 days of notification of the seizure, according to the Texas District & County Attorneys Association.

Prohibited Weapons

• In Texas, the court will order the destruction of a prohibited weapon when a conviction for an offense involving this weapon has been handed down. If no prosecution occurred involving the seized prohibited weapon, the weapon owner may appear before the court to argue why the weapon should not be destroyed, according to the Texas District & County Attorneys Association.

Gambling, Criminal, and Obscene Materials and Devices

• When someone is convicted in Texas of possessing illegal gambling or criminal devices or obscene materials, the court may order the destruction of these prohibited items, according to the Texas District & County Attorneys Association.

Controlled Substances

• If a law enforcement agency seizes prohibited controlled substances, the court may order the controlled substance destroyed, pursuant to Texas Health and Safety Code Section 481.159(5).