H.B. No. 772
1-1 AN ACT
1-2 relating to the disposition of abandoned or unclaimed property.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 18.17, Code of Criminal Procedure, is
1-5 amended by adding Subsection (h) to read as follows:
1-6 (h) If the abandoned or unclaimed personal property is
1-7 money, the municipal or county purchasing agent, or the sheriff of
1-8 the county, as appropriate, may, after giving notice under
1-9 Subsection (b) or (c) of this article, deposit the money in the
1-10 treasury of the municipality or county giving notice without
1-11 conducting the sale as required by Subsection (d) of this article.
1-12 SECTION 2. Subsection (f), Article 18.17, Code of Criminal
1-13 Procedure, is amended to read as follows:
1-14 (f) For the purposes of this article, "purchasing agent of
1-15 the municipality" means the person who is primarily responsible for
1-16 making purchases on behalf of a municipality or a person designated
1-17 by the municipality. "Person designated by a municipality" means
1-18 an officer or employee of a municipality who is designated by the
1-19 municipality to be primarily responsible for the disposition of
1-20 property under this article.
1-21 SECTION 3. Subsections (c) and (d), Article 18.17, Code of
1-22 Criminal Procedure, are amended to read as follows:
1-23 (c) If the property has a fair market value of $500 or more
1-24 and the owner <of such property is unknown> or <if> the address of
2-1 the owner is unknown, <then> the municipal or county purchasing
2-2 agent or the sheriff, as the case may be, shall cause to be
2-3 published once in a paper of general circulation in the
2-4 municipality or county a notice containing a description of the
2-5 property held, the name of the owner if known, the name and address
2-6 of the officer holding such property, and a statement that if the
2-7 owner does not claim such property within 90 days <six months> from
2-8 the date of the publication such property will be sold and the
2-9 proceeds of such sale, after deducting the reasonable expense of
2-10 keeping such property and the costs of the sale, placed in the
2-11 treasury of the municipality or county selling the property. If
2-12 the property has a fair market value of less than $500 and the
2-13 owner or the address of the owner is unknown, the municipal or
2-14 county purchasing agent or the sheriff may sell or donate the
2-15 property. The purchasing agent or the sheriff shall deposit the
2-16 sale proceeds, after deducting the reasonable expense of keeping
2-17 the property and costs of the sale, in the treasury of the
2-18 municipality or county selling or donating the property.
2-19 (d) The sale under this article of any property that has a
2-20 fair market value of $500 or more <hereunder> shall be preceded by
2-21 a notice published once at least three weeks prior to the date of
2-22 such sale in a newspaper of general circulation in the municipality
2-23 or county where the sale is to take place, stating the description
2-24 of the property, the names of the owner if known, and the date and
2-25 place that such sale will occur. <If the municipal or county
2-26 purchasing agent or sheriff, as the case may be, shall consider any
2-27 bid as insufficient, he need not sell such property but may decline
3-1 such bid and reoffer such property for sale.>
3-2 SECTION 4. Article 18.17, Code of Criminal Procedure, is
3-3 amended by adding Subsection (i) to read as follows:
3-4 (i) While offering the property for sale under this article,
3-5 if a municipal or county purchasing agent or sheriff considers any
3-6 bid as insufficient, the agent or sheriff may decline the bid and
3-7 reoffer the property for sale.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.