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§ 140B.154.Temporary Deposit in Court Registry

Title 6. Miscellaneous Provisions · Chapter 140B. Civil Remedies and Enforcement Related to Racketeering and Unlawful Debt Collection · Subchapter D. Disposition of Funds Obtained Through Forfeiture Actions · Last amended 2023 · Last verified August 29, 2026

In one sentenceSection 140B.154 lets the court place cash or cash proceeds in its registry or a qualified public depository until final distribution.

Full Text of § 140B.154

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Pending the final distribution of the cash or cash proceeds under this subchapter, the court may authorize the cash or cash proceeds to be deposited in the court registry or in a qualified public depository.
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Plain-English Summary

A holding provision for the gap between forfeiture and distribution.

Pending the final distribution of the cash or cash proceeds under this subchapter, the court may authorize the cash or cash proceeds to be deposited in the court registry or in a qualified public depository.

The gap is real and can be long. Distribution waits on the resolution of innocent-person claims, on victim restitution claims, and on the court’s apportionment among agencies — none of which is quick.

The problem the section solves is custody in the meantime. Money held by an agency that expects a share of it is money held by an interested party. Both options here remove it from that position.

The court registry is the familiar route for funds whose ownership is undetermined, held by the clerk under the court’s control.

A qualified public depository is the alternative — a financial institution meeting the state’s collateral and security requirements for holding public funds. For a substantial sum this is often the better option, since a bank pays interest and a registry account may not.

The authority is permissive. The court may authorize the deposit, so a small sum distributed quickly need not go through either mechanism.

The section is short because it is a housekeeping rule, but it protects the priorities the subchapter establishes. Victim restitution and innocent-person claims are worth what the fund still holds when they are decided, and this keeps the fund intact and out of the hands of the agencies waiting on their share.

Frequently Asked Questions

Where is forfeited money held before distribution?

The court may authorize deposit in the court registry or in a qualified public depository.

Why not leave it with the agency?

Because the agencies are among the claimants. Both options place the money with a neutral holder under the court’s control.

Is the deposit required?

No. The court may authorize it, so a small sum distributed quickly need not go through either route.

Amendment History

  • Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 2, eff. September 1, 2023.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source