Texas Laws - Alcoholic Beverage Code


(a) In any suit for forfeiture of proceeds in escrow from a sale of illicit beverages or of property other than vehicles, or both, seized under Section 103.03 of this code, the state shall have the burden of proving that: (4614)

(1) the alcoholic beverages were illicit; (4615)

(2) the equipment is designed to be used on or is used in manufacturing an illicit beverage; or (4616)

(3) the material is to be used in manufacturing an illicit beverage. (4617)

(b) If the state fails to prove the facts necessary for forfeiture, the court shall render judgment returning possession of the property or of the proceeds in escrow to the owner or the person in possession at the time of seizure. (4618)

(c) If the state proves the facts necessary for forfeiture, the court shall render judgment forfeiting the property or the proceeds in escrow, or both, to the state and ordering disposal in accordance with the provisions of Section 103.20 or Section 103.18(c) of this code. (4619)

Acts 1977, 65th Leg., p. 508, ch. 194, Sec. 1, eff. Sept. 1, 1977. (4620)


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