TX Attorney General Opinion. Civil Asset Forfeiture.

The Opinion:

KP-0267 (2019)

Who requested the opinion?

Corrections Committee Chairman James White

What questions does the opinion answer?

• “whether a Texas court would conclude that the Eighth Amendment’s excessive fines guarantees are incorporated by the Fourteenth Amendment’s Due Process Clause or, alternatively, by its Privileges and Immunities Clause”
• “whether· Texas courts would recognize article I, section 13 of the Texas Constitution “as a constitutional guarantee that protects Texans from excessive fines.”
• “how a court would “likely interpret a law that mandates the executive branch to enforce a statute accompanied with an excessive fine.”

The answers:

• Q1. Yes.
  • TX Courts would find 8th Amendment excessive fine guarantees in the 14th Amendment Due Process Clause
• Q2. Yes.
  • This part of the Texas Constitution protects against excessive fines- there is a loophole. The Court could separate the unconstitutional part of the fine and permit the constitutional portion of the fine.
• Q3. Yes.
  • The US Constitution, the US Supreme Court ruling, would be instructive on Texas Courts.