Texas § 431.049 REMOVAL ORDER FOR DETAINED OR EMBARGOED ARTICLE.

Texas Statutes

§ 431.049 — REMOVAL ORDER FOR DETAINED OR EMBARGOED ARTICLE.

Texas § 431.049

Code HSHealth and Safety Code

This text of Texas § 431.049 (REMOVAL ORDER FOR DETAINED OR EMBARGOED ARTICLE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 431.049 (2026).

Text

Sec. 431.049. REMOVAL ORDER FOR DETAINED OR EMBARGOED ARTICLE.

(a)If the claimant of the detained or embargoed articles or the claimant's agent fails or refuses to transfer the articles to a secure place after the tag or other appropriate marking has been affixed as provided by Section 431.048 , the department may order the transfer of the articles to one or more secure storage areas to prevent their unauthorized use, removal, or disposal.

(b)The department may provide for the transfer of the article if the claimant of the article or the claimant's agent does not carry out the transfer order in a timely manner. The costs of the transfer shall be assessed against the claimant of the article or the claimant's agent.

(c)The claimant of the article or the claimant's agent shall pay the cost

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Sec. 431.049. REMOVAL ORDER FOR DETAINED OR EMBARGOED ARTICLE. (a) If the claimant of the detained or embargoed articles or the claimant's agent fails or refuses to transfer the articles to a secure place after the tag or other appropriate marking has been affixed as provided by Section 431.048 , the department may order the transfer of the articles to one or more secure storage areas to prevent their unauthorized use, removal, or disposal.
(b) The department may provide for the transfer of the article if the claimant of the article or the claimant's agent does not carry out the transfer order in a timely manner. The costs of the transfer shall be assessed against the claimant of the article or the claimant's agent.
(c) The claimant of the article or the claimant's agent shall pay the costs of the transfer.
(d) The department may request the attorney general to bring an action in the district court in Travis County to recover the costs of the transfer. In a judgment in favor of the state, the court may award costs, attorney fees, court costs, and interest from the time the expense was incurred through the date the department is reimbursed.

Legislative History

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 152, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 282, Sec. 3, eff. Sept. 1, 1997. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.0951, eff. April 2, 2015.