Operating Policy and Procedure
HSC OP: 76.05, Abandoned Personal Property
PURPOSE: The purpose of this Operating Policy/Procedure (OP) is to establish a standard procedure for the handling, control and disposal of abandoned personal property on the Texas Tech campuses.
REVIEW: This HSC OP will be reviewed by August 15 of every fourth year (E4Y) by the Chief of Police, the Director of Accounting Services, and the Office of General Counsel, with recommendations for revisions forwarded to the Executive Vice President for Finance and Operations by September 1.
POLICY/PROCEDURE:
1. Section 51.213 “Abandoned Personal Property” of the Texas Education Code states:
“The governing board of each state institution of higher education, including public junior colleges, is authorized to promulgate rules and regulations providing for the disposition of abandoned and unclaimed personal property coming into the possession of the campus security personnel where the personal property is not being held as evidence to be used in any pending criminal case.”
2. All abandoned personal property is to be turned in to the Texas Tech Police Department (TTPD). All unclaimed or abandoned personal property of every kind which shall remain unclaimed for a period of 30 days will be handled in the following manner:
a. If the property is of a nature that it cannot legally be sold as surplus property, it shall be disposed of in accordance with standard police procedures.
b. If it is property which can be legally disposed of as surplus property, it shall be transferred to the Texas Tech University Health Sciences Center Property Manager, who will arrange to pick up the property and thereafter handle it in accordance with established procedures for the disposal of surplus property.
c. If it is money turned in to the TTPD, it will be held until the owner is identified and claims the money, or for a period of 30 days, whichever is earlier. Any money not claimed within the 30-day period will be hand-carried to the Director of Accounting Services on the campus where the money was found. The Director of Accounting Services will deposit the money into the appropriate fund, and make reports to the State Comptroller as mandated by Chapter 74 of the Texas Property Code. Money not associated with the sale of property will be deposited as miscellaneous income in the University’s fund code titled General Operating.
e. If it is an abandoned motor vehicle, it shall be disposed of in accordance with Chapter 683 of the Texas Transportation Code.
3. Any person wanting to reclaim personal property must be able to describe the property and provide satisfactory evidence of ownership to the TTPD. If the description of the property and evidence of ownership are satisfactory, and if allowed by applicable law, the property will be returned to the owner upon payment of any reasonable expense of keeping such property, including, but not limited to, the payment of any fine, impounding cost, storage cost, advertising cost, or sale cost.
4. The following records will be maintained by the TTPD for all abandoned personal property received:
a. Description of each item
b. Date received
c. Name and address of owner, if known
d. If claimed by owner, date claimed and cost charged
e. Date property was picked up by the Texas Tech Property Manager
f. Signature for receipt of property picked up by the Texas Tech Property Manager
5. The TTPD will comply with all legal waiting periods, statutes, and procedures before releasing any property to the Texas Tech Property Manager for disposal.