ABANDONED, LOST, STOLEN AND UNCLAIMED PROPERTY

El Paso City Code tit. 3, ch. 3.32

in effect

El Paso City Code § 3.32.010 Custodian designated.

3.32.010 - Custodian designated. The chief of police shall be the custodian of all abandoned, lost, stolen and unclaimed property which comes into the possession of any police officer, or any city employee engaged in the cleaning or repair of streets or public places. (Prior code § 2-16)

El Paso City Code § 3.32.020 Recordkeeping, storage and protection—Authority to delegate duty.

3.32.020 - Recordkeeping, storage and protection—Authority to delegate duty. The chief of police may delegate to any police department bonded employee designated by him the duty of storing and protecting such property and keeping suitable records thereof. (Ord. 10614 § 1, 1991: prior code § 2-17)

El Paso City Code § 3.32.030 Surrendering to person claiming ownership.

3.32.030 - Surrendering to person claiming ownership. When the disposition of such property is not otherwise governed by law or by order of a court, the chief of police shall surrender such property, if claimed, to any person known to be the owner, or producing satisfactory evidence of ownership or right to possession, upon payment of any proper fees owing to the city because of the city's acquisition and storage of the property. If the right of the claimant is not certain the chief may, in his discretion, require the claimant to give reasonable security for the return of the property or its value; and if there could be conflicting claims the chief may request the legal department to file an interpleader suit. (Prior code § 2-18)

El Paso City Code § 3.32.040 Unclaimed property and weapons—Disposition.

3.32.040 - Unclaimed property and weapons—Disposition. A. When the disposition of the property is not otherwise governed by the law or by order of a court, and the abandoned or unclaimed property remains unclaimed for a period of thirty days after it comes into the custody of the chief of police, it shall be delivered for sale to the purchasing agent of the city. B. When the disposition of lost, abandoned or unclaimed weapons is not otherwise governed by law or order of a court, and where such weapons remain unclaimed for a period of thirty days after coming into the custody of the chief of police, such weapons shall be destroyed by a police officer designated by the chief of police, unless the city police department seeks forfeiture of the weapon in accord with Articles 18.18 and 18.19 of the Texas Code of Criminal Procedure. 1. The terms "weapons" includes, but is not limited to, the items defined in Vernon's Texas Penal Code, Section 46.01. 2. The chief of police or his designated representative shall maintain a record containing the following information for each weapon destroyed: a. Description of the weapon, including identifying numbers; b. Time and location of the destruction; c. Sworn statement by the designated police officer that the destruction has taken place; and d. Signature of witness to the destruction. 3. When the police department seeks forfeiture of the weapon in lieu of destruction, the chief of police or his designated representative shall maintain on file a copy of the judgment from the appropriate court awarding the forfeiture of the weapon(s) to the police department. (Ord. 9437, 1988: prior code § 2-19)

El Paso City Code § 3.32.050 Sale at auction—Procedure.

3.32.050 - Sale at auction—Procedure. From time to time as such property accumulates so that it should be disposed of, or can be disposed of to advantage, the purchasing agent shall offer the property for sale at public auction. The city council may in its discretion authorize the employment of a professional auctioneer to conduct the sale. Notice of the time and place of the sale, and a brief description of the property, shall be given by posting at three public places in the city and by three advertisements in the official newspaper. The posting of notices and the publication of the first advertisement shall be not less than ten nor more than twenty days before the sale. Notice shall also be given by certified mail to the owner or claimant, if his name and address are known or can be ascertained by reasonable diligence. (Prior code § 2-20)

El Paso City Code § 3.32.060 Sale at auction—Sale in lots.

3.32.060 - Sale at auction—Sale in lots. The purchasing agent may in his discretion offer the property or parts thereof for sale in lots, as he deems convenient and advantageous. (Prior code § 2-21)

El Paso City Code § 3.32.070 Sale at auction—Cash only—Rejecting bids—Disposition of proceeds.

3.32.070 - Sale at auction—Cash only—Rejecting bids—Disposition of proceeds. All sales shall be for cash. The purchasing agent may reject any bid he deems insufficient. After deducting the actual and reasonable costs of the sale and of storing the property, the proceeds shall be placed in the general fund. (Prior code § 2-22)

El Paso City Code § 3.32.080 Sale at auction—Recordkeeping.

3.32.080 - Sale at auction—Recordkeeping. The purchasing agent shall keep records of the amount obtained for each piece of property or lot sold, so that it can be determined what amount should be paid to any person who may afterwards establish a legal right to part of the proceeds. (Prior code § 2-23)

El Paso City Code § 3.32.090 Sale at auction—Nonsufficient bids—Reoffering—Disposition.

3.32.090 - Sale at auction—Nonsufficient bids—Reoffering—Disposition. Property for which no sufficient bid is offered may be kept and again offered for sale, or may be otherwise disposed of as ordered by the city council. (Prior code § 2-24)

El Paso City Code § 3.32.100 Disposition of animals.

3.32.100 - Disposition of animals. In the case of lost, abandoned or unclaimed animals, the foregoing rules shall not apply. Such animals shall be disposed of by the department of animal services in accordance with the procedures set forth in Title 7 of this Code. (Prior code § 2-25; Ord. 16808 § 1, 2007; Ord. No. 18576, § 1, 9-20-2016)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT3REFI_CH3.32ABLOSTUNPRFetched: 10/28/2026