Hon. Joe Resweber 

County Attorney 

Harris county 

Houston, Texas 

Dear Mr. Resweber: 

May 26, 1967 

Opinion No. M- 79 

Re: Sale of unclaimed and abandoned 

property under Article 18.30, 

Vernon's Code of Criminal Procedure. 

You have requested our opinion concerning the following questions: 

1. Can Harris County legally enter into a contract with an 

auctioneer for the sale of unclaimed and abandoned personal 

property under Article 18.30, V.C.C.P.? 

2. 

-j 

3. 

4. 

Can Harris County legally pay the expense of,keeping unclaimed 

and abandoned property, and the costs of sale of such property? 

Can the officer handling unclaimed or abandoned property 

under Article 18.30, V.C.C.P., require an owner, claiming such property after expenses have been duly incurred, 

to pay such expenses as a condition precedent to returning 

the property to the owner? 

Is the officer handling unclaimed and abandoned property 

under Article 18.30, V.C.C.P., entitled to a fee for his 

services? 

Article 18.30 of Vernon's Code of Criminal Procedure provides as 

follows: 

"Sec. 1. All unclaitied or abandoned personal property except 

whiskey, wine and beer, of every kind,seized by a peace officer, 

which is not held as evidence to be used in any pending case and 

has not been ordered destroyed or returned to the person entitled 

to possession of the same by a magistrate, which shall remain unclaimed for a period of thirty (30) days shall be delivered to the 

purchasing agent of the county for sale. If the county has no 

purchasing agent then such property shall be sold by the sheriff 

of the county. 

"Sec. 2. The purchasing agent or sheriff of the county, as 

the case may be, shall mail a notice to the last known address 

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Hon. Joe Resweber, Page 2 (M-79) 

of the owner of such property by certified mail. Such notice 

shall describe the property being held, give the name and address 

of the officer holding such property, and shall state that if the 

owner does not claim such property within six (6) months from the 

date of the notice such property will be sold and the proceeds 

of such sale, after deducting the reasonable expenses of keeping 

such property and the costs of sale, placed in the county treas- 

"rY. 

. 

"If the owner of such property is unknown, orif the address 

of the owner is unknown then the purchasing'agent or sheriff, as 

the case may be, shall cause to be published once in a paper 

of general circulation in the county a notice containing a description of the property held, the name of the owner if known, 

the name and address of the officer holding such property, and 

a statement that if the owner does not claim such property within 

six months from the date of the publication such property will 

be sold and the proceeds of such sale,after deducting the reasonable expense of keeping such property and the costs of sale, placed 

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in the county treasury. 

. .._. -, 

-. 

"Sec. 3. The sale of any property hereunder shall be preceded 

by a notice published once at least three weeks prior to the date 

of such sale in a newspaper of general circulation in the county . 

.where the sale is to take-place, stating the description of the 

prop=rty , the names of the owners if known and the date and place 

that such sale will occur. If the purchasing agent or sheriff, 

as the case may be, shall consider any bid as insufficient he need 

not sell such property but may decline such bid and reoffer such 

property for sale. 

"Sec. 4. The real owner of any property sold shall have the 

right to file a claim to the proceeds of such sale with the commissioners court of the county in which the sale took place. If 

the claim is allowed by the commissioners court the county treasurer shall pay the owner such funds as were paid into the treasury of the county as the proceeds of the sale. If the claim is 

denied by the commissioners court or if said court fails to act 

upon such claim within ninety (90) days, the claimant may sue 

'the county treasurer in a court of competent jurisdiction in the 

county, and upon sufficient proof of ownership, recover judgment 

against such county for the recovery of the proceeds of the sale." 

Acts 59th Leg. 1965, vol. 2, p. 317, ch. 722. 

Section 1 of Article 18.30, V.C.C.P., specifically provides that 

unclaimed or abandoned personal property ".... shall be delivered to the 

purchasing agent of the county for sale. If the county has no purchasing 

agent then such property shall be sold by the sheriff of the county." 

The purchasing agent or sheriff of the county has the responsibility for 

conducting the sale, but we perceive no valid reason why such officer may 

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. , 

Hon. Joe Resweber, Page 3 (M-79) 

not delegate his function to a professional in the field. It is our view 

that the commissioners court may not make this delegation, since the statute 

provides for the sale to be conducted under the control of a particular 

county officer. However, the purchasing agent or sheriff may hire a person 

to serve as auctioneer, under the direction and control of such designated: 

officers, for abandoned or unclaimed property, with the customary compensation for such person to be paid from the proceeds of the sale. 

With regard to your question as to whether the county may legally 

pay the expense of keeping unclaimed and abandoned property, and the costs 

of sale of such property, the statute itself requires the expenditure of. 

county funds prior to the time any money can be realized from a sale. 

Further, storage, advertising and sales costs are continuing charges that 

must be paid when due. It is our opinion that the county may properly 

pay these costs, recovering them from the proceeds of the sale when it is 

conducted. 

In answer to your third question, Article 18.30 V.C.C.P., does 

not provide for the collecting of the cost of storage, handling and publication from the owner of such property in situations where the property 

is claimed by its owner before sale. Article 47.09 V.C.C.P., provides 

for the collecting of such costs from the claimant of property seized by 

an officer and alleged to have been stolen, but if the property does not 

fit within that category, or unless such charges are authorized by other 

provisions of law, the purchasing agent or sheriff, as the case may be, 

must release the property without such charges until the Legislature 

authorizes such charges. 

Article 18.30, V.C.C.P., does not provide for a fee to be paid 

to the purchasing agent or sheriff for his services pursuant to such Article. 

Therefore, the officers cannot lawfully charge a fee therefor. 

------- SUMMARY 

1. Harris County is not authorized to contract 

for the service~s:of a public auctioneer to sell 

items of unclaimed and abandoned property pursuant to Article 18.30, V.C.C.P.. but the county 

officer authorized to make such sales may hire 

a parson to conduct the auction in his behalf, 

and under his direction and control. 

2. Harris County can legally pay the expense of 

keeping unclaimed and abandoned property and 

the costs of the sale of such property. 

3. In answer to your third question, Article 18.30 

V.C.C.P., does not provide for the collecting 

of the cost of storage, handling and publication 

from the owner of such property in situations where 

the property is claimed by its owner,before sale. 

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. . . . .) 

Y -1 

Hon. Joe Resweber, Page 4 (M-79) 

4. An officer handling unclaimed and abandoned 

property under Article 18.30, V.C.C.P., is not 

entitled to a fee for such services. 

ey General of Texas 

._ -- 

Prepared by 

Thomas W. Hack 

APPROVED: 

OPINION COKHITTEE 

Hawthorne Phillips, Chairman 

W. V. Geppert, Co-Chairman 

Harold Kennedy 

Monroe Clayton 

Malcolm Quick 

Robert Owen 

A. J. CARURBI, JR. 

Staff Legal Assistant 

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