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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the comptroller to release a reported |
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owner's unclaimed property to the owner's crime victim in certain |
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circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 493, Government Code, is amended by |
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adding Section 493.034 to read as follows: |
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Sec. 493.034. UNCLAIMED PROPERTY CLAIMS FILED ON BEHALF OF |
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CRIME VICTIMS. (a) The department shall file a claim for unclaimed |
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property under Section 74.501, Property Code, on behalf of a victim |
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of a criminal offense if the reported owner of the unclaimed |
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property: |
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(1) was finally convicted of the criminal offense in |
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this state; and |
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(2) based on the final conviction: |
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(A) owes criminal restitution to the victim; and |
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(B) on the date the claim is submitted, is |
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incarcerated in the custody of this state. |
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(b) The department shall determine annually from the list |
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published by the comptroller under Section 74.307, Property Code, |
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and information in the department's possession the claims that the |
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department is required to file under Subsection (a). |
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(c) The department may adopt rules necessary to administer |
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this section. |
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SECTION 2. Section 74.501(e), Property Code, as amended by |
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Chapters 267 (S.B. 1420) and 897 (H.B. 3598), Acts of the 86th |
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Legislature, Regular Session, 2019, is reenacted and amended to |
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read as follows: |
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(e) Except as provided by Subsections [Subsection] (f) and |
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(g) and [or] Section 551.051, Estates Code, the comptroller may not |
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pay to the following persons a claim to which this section applies: |
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(1) a creditor, a judgment creditor, a lienholder, or |
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an assignee of the reported owner or of the owner's heirs; |
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(2) a person holding a power of attorney from the |
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reported owner or the owner's heirs; or |
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(3) a person attempting to make a claim on behalf of a |
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corporation that was previously forfeited, dissolved, or |
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terminated, if the comptroller finds that: |
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(A) the corporation was revived for the purpose |
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of making a claim under this section; and |
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(B) the person submitting the claim was not an |
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authorized representative of the corporation at the time of the |
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corporation's forfeiture, dissolution, or termination. |
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SECTION 3. Section 74.501, Property Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The comptroller may approve a claim for unclaimed |
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property that complies with Section 493.034, Government Code, |
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submitted under this subsection by the Texas Department of Criminal |
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Justice on behalf of a victim of a criminal offense for which the |
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reported owner of the unclaimed property was finally convicted. |
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SECTION 4. The change in law made by this Act applies only |
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to a claim filed under Section 74.501, Property Code, on or after |
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the effective date of this Act. A claim filed under that section |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act takes effect September 1, 2021. |