ZEM H.B. 3581 75(R)BILL ANALYSIS


CIVIL PRACTICES
H.B. 3581
By: Hightower
4-24-97
Committee Report (Unamended)



BACKGROUND 

The Waco, Beaumont, Trinity, and Sabine Railroad (WBTS) was founded in the
early 1900's with the operational headquarters located in Trinity County.
Almost from the beginning, the railroad company had financial problems
which eventually led to the WBTS being put into receivership around 1929.
Since that time, all assets except some right-of-way easements have been
sold 
and the funds deposited in a Trinity County bank.  There are no known
heirs of any owners of the railroad, nor are there any creditors.  There
have been two receivers of the WBTS assets: the first receiver has been
deceased for many years and the other is now is 72 years old.  The time
has come for something to be done about this outdated account. 

PURPOSE

As this account is still viewed as active, this legislation would allow
closure of this company in a proper manner.  Proper notification must be
given and the assets distributed by the District Court. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 64, Civil Practice and Remedies
Code by adding Sec. 64.0721 as follows: 

Sec. 64.0721 TERMINATION OF RAILROAD RECEIVERSHIP

(a) Provides that a receiver of a railroad that has been in receivership
for more than 50 years may apply to a court to: 
 
 (1) terminate the receivership, and

 (2)disburse any assets remaining of the railroad company and specifies to
whom such assets can be distributed 

 (b) Mandates proper notification procedures under which the receiver
shall notify the public should there be anyone who has a claim with the
railroad. 
 
(c) Provides for the disbursement of any remaining assets after the time
for filing claims under subsection (b) has expired. 

SECTION 2.  Emergency clause.  Effective date: upon passage.