Bill Text: TX HB1499 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to authorizing the comptroller to release a reported owner's unclaimed property to the owner's crime victim in certain circumstances.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-04-26 - Committee report sent to Calendars [HB1499 Detail]
Download: Texas-2019-HB1499-Comm_Sub.html
86R22440 PMO-F | |||
By: Metcalf, Guillen | H.B. No. 1499 | ||
Substitute the following for H.B. No. 1499: | |||
By: Collier | C.S.H.B. No. 1499 |
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relating to authorizing the comptroller to release a reported | ||
owner's unclaimed property to the owner's crime victim in certain | ||
circumstances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 493, Government Code, is amended by | ||
adding Section 493.032 to read as follows: | ||
Sec. 493.032. UNCLAIMED PROPERTY CLAIMS FILED ON BEHALF OF | ||
CRIME VICTIMS. (a) The department shall file a claim for unclaimed | ||
property under Section 74.501, Property Code, on behalf of a victim | ||
of a criminal offense if the reported owner of the unclaimed | ||
property: | ||
(1) was finally convicted of the criminal offense in | ||
this state; and | ||
(2) based on the final conviction: | ||
(A) owes criminal restitution to the victim; and | ||
(B) on the date the claim is submitted, is | ||
incarcerated in the custody of this state. | ||
(b) The department shall determine annually from the list | ||
published by the comptroller under Section 74.307, Property Code, | ||
and information in the department's possession the claims that the | ||
department is required to file under Subsection (a). | ||
(c) The department may adopt rules necessary to administer | ||
this section. | ||
SECTION 2. Section 74.501, Property Code, is amended by | ||
amending Subsection (e) and adding Subsection (g) to read as | ||
follows: | ||
(e) Except as provided by Subsections [ |
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(g), the comptroller may not pay to the following persons a claim to | ||
which this section applies: | ||
(1) a creditor, a judgment creditor, a lienholder, or | ||
an assignee of the reported owner or of the owner's heirs; or | ||
(2) a person holding a power of attorney from the | ||
reported owner or the owner's heirs. | ||
(g) The comptroller may approve a claim for unclaimed | ||
property that complies with Section 493.032, Government Code, | ||
submitted under this subsection by the Texas Department of Criminal | ||
Justice on behalf of a victim of a criminal offense for which the | ||
reported owner of the unclaimed property was finally convicted. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a claim filed under Section 74.501, Property Code, on or after | ||
the effective date of this Act. A claim filed under that section | ||
before the effective date of this Act is governed by the law in | ||
effect immediately before the effective date of this Act, and that | ||
law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2019. |