SRC-JFA S.B. 700 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 700
By: Armbrister
State Affairs
3-24-97
As Filed


DIGEST 

Currently, the office of the state Treasurer was abolished and all powers,
duties, obligations, rights, and contracts transferred to the comptroller
of public accounts (comptroller).  The comptroller became the
administrator for property collected under Chapters 71 through 75,
Property Code.  The comptroller is authorized to collect all unclaimed
property due citizens of the state under the unclaimed property laws, and
to locate rightful owners and return their property.  The Property Code
relating to unclaimed property is unclear.  Additionally, the civil and
criminal violation sections overlap and, as a result, criminal intent is
needed before civil penalties may be enforced.  This bill would clarify
the provision of the Property Code as it relates to unclaimed property.
Additionally, this bill would clarify the sections relating to civil and
criminal sanctions to ensure that intent is not necessary to bring a civil
action relating to unclaimed property.    

PURPOSE

As proposed, S.B. 700 clarifies the provision of the Property Code
relating to unclaimed property. Additionally, S.B. 700 clarifies the
sections relating to civil and criminal sanctions to ensure that intent is
not necessary to bring a civil action under the Property Code sections
relating to unclaimed property.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the comptroller in SECTIONS 2, 20, 28,
29 and 49 (Sections 4 and 5, Article 4.08, Insurance Code; and Sections
74.103(c), 74.3011(e), 74.3012(e) and 74.701, Property Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Repealer:  Section 571.030, Government Code (State Ethics
Fund), to conform to Section 11.04, Chapter 4, Acts of 71st Legislature,
1st Called Session, 1991 (S.B. 3).   

SECTION 2. Amends Sections 4-12, and 14-16, Article 4.08, Insurance Code,
to conform to Section 11.04, Chapter 4, Acts of the 71st Legislature,
Regular Session, 1995, and to Chapter 992, Acts of the 74th Legislature,
Regular Session, 1995, as follows: 

Section 4.  Requires every such life insurance company on or before the
first day of November of each year to make a report in writing to the
state comptroller, rather than the state treasurer of Texas of all
unclaimed funds.  Makes conforming changes. 

Section 5.  Provides that the publication requirements of Chapter 74,
Property Code, apply to this article.  Deletes provisions relating to
publication requirements.  Makes conforming changes.  

Sections 6-7.  Makes conforming changes. 

Section 8.  Requires a life insurance company to be indemnified from the
unclaimed money received under Chapter 74, Property Code, rather than from
the unclaimed money fund established under Section 74.601, or any other
statute requiring the delivery of unclaimed property to the comptroller,
against any liability of claim.  Makes conforming changes. 
 
Section 9.  Requires the comptroller, rather than the treasurer, to
deposit any unclaimed funds from certain life insurance companies in the
general revenue fund, rather than the unclaimed money fund established by
Section 74.601, Property Code.  Authorizes unclaimed money received under
Chapter 74, Property Code, or another statute requiring the delivery of
unclaimed money to the comptroller to be appropriated by the legislature
to enforce and administer this article.  Makes conforming changes. 

Sections 10-12.  Makes conforming changes. 

Section 14.  Requires the enforcement provisions of Chapter 74, Property
Code, to apply to this article.  Deletes provisions relating to
enforcement of this article. 

Sections 15-16.  Makes conforming changes. 

SECTION 3. Amends Section 117.002, Local Government Code, as follows:   

Section 117.002.  New heading:  TRANSFER OF UNCLAIMED FUNDS TO STATE
COMPTROLLER.  Makes conforming changes.  

SECTION 4. Amends Section 381.004, Local Government Code, to conform to
Section 11.04, Chapter 4, Acts of the 71st Legislature, Regular Session,
1995, and to Chapter 992, Acts of the 74th Legislature, Regular Session,
by adding Subsection (e), to authorize unclaimed money amounts received by
the comptroller under Chapter 74, Property Code, to be appropriated by the
legislature for a county to carry out a program created pursuant to this
section.  Requires funds appropriated to be available upon request each
fiscal year.  Prohibits such funds from exceeding a certain amount.
Requires the comptroller to transfer the requested funds after deducting
funds sufficient to pay anticipated expenses and claims.  

SECTION 5. Amends Section 71.101(a), Property Code, to make a conforming
change.  

SECTION 6. Amends Section 71.103(c), Property Code, to make a conforming
change.  

SECTION 7. Amends Section 71.301(c), Property Code, to make conforming
changes.  

SECTION 8. Amends Section 71.304(a), Property Code, to make a conforming
change.  

SECTION 9. Amends Sections 72.102(b) and (c), Property Code, to provide
that a  traveler's check is presumed to be abandoned on the latest of the
15th anniversary of the date on which the issuer of the check last
received from the owner of the check communication, rather than written
communication, concerning the check.  Makes a conforming change.  

SECTION 10. Amends Section 72.103, Property Code, to prohibit,
notwithstanding any other provision of law under this title, a holder of
abandoned property at any time from transferring or converting the
property to the profits or assets of the holder, or otherwise reducing the
original value of the property as of the date of the last transaction or
contact.  Makes conforming changes. 

SECTION 11. Amends the heading of Chapter 73, Property Code, as follows:

CHAPTER 73.
New heading:  PROPERTY HELD BY FINANCIAL INSTITUTIONS

SECTION 12. Amends Sections 73.001(a), (c) and (d), Property Code, to
redefine "account" and "owner," and to define "check."  Provides that any
property, other than a check, among others, held by a depository is
subject to the abandonment provisions of Chapter 72.  Makes conforming
changes. 

SECTION 13. Amends Section 73.002, Property Code, to provide that a
depository includes, among others, a credit union.   

 SECTION 14. Amends Section 73.003, Property Code, to prohibit a
depository, at any time by any procedure, from transferring, converting,
or reducing certain accounts or the contents of certain deposit boxes to
the profits or assets of the depository as of the date the accounts or
safe deposit boxes become inactive.  Deletes a provision relating to an
inactive safe deposit box.  Provides that this section does not affect the
provisions of Articles 342-8.101 et seq., V.T.C.S. (Texas Banking Act of
1995).  Deletes provisions relating to abandonment of accounts and safe
deposit boxes. Makes a conforming change.  

SECTION 15. Repealer:  Section 73.004, Property Code (Drafts, Checks, &
Similar Instruments). 

SECTION 16. Amends Section 73.101, Property Code, to provide that a
five-year period of inactivity on an account begins on the date of the
last transaction or correspondence by the depositor. Provides that a
five-year period of inactivity of a safe deposit box begins on the date
the rental was due but not paid.  Makes conforming changes.   

SECTION 17. Amends Chapter 73, Property Code, by adding Section 73.102, as
follows: 

Sec. 73.102.  CHECKS.  Sets forth when a check is presumed to be abandoned.

SECTION 18. Amends Sections 74.101(a) and (c), Property Code, to authorize
the comptroller to require a holder to report unclaimed property in
computer-readable or other format that is prescribed and approved by the
comptroller.  Requires the property report to include, among other items,
the social security number, if known, of the person who appears to be the
owner of the property; and a description, rather than a brief description,
of the property, the identification number, and a balance of each account,
except as provided by Subsection (d), rather than Subsection (e).  Deletes
a provision requiring the report to include certain deductions.  Makes
conforming and nonsubstantive changes. 

SECTION 19. Amends Section 74.102, Property Code, to make nonsubstantive
changes.   

SECTION 20. Amends Sections 74.103(a) and (c), Property Code, to make
conforming changes.  

SECTION 21. Amends Section 74.104, Property Code, to make conforming and
nonsubstantive changes.   

SECTION 22. Amends Section 74.201, Property Code, to authorize the
comptroller to use a method or variety of methods, determined to give the
most efficient and effective notification to the reported owners.
Requires the notice to be in the county of the property owner's last known
address or in the county of the holder's principal place of business,
registered office for service, in this state, if the property owner's last
known address is unknown.  Deletes a provision regarding the use of
proceeds from the sale of advertising space in a notice published under
this section.  Makes conforming and nonsubstantive changes.        

SECTION 23. Amends Section 74.202, Property Code, as follows: 

Sec. 74.202.  New heading:  NOTICE FOR ITEM WITH VALUE LESS THAN $100.
Provides that in the notice required by Section 74.201, the comptroller,
rather than the treasurer, is not required to publish information
regarding an item having a value that is less than $100, rather than $50.
Makes a conforming change. 

SECTION 24. Amends Section 74.203, Property Code, to authorize a notice to
be mailed to each person who has been reported with a Texas address and
appears to be entitled to the reported property.  Provides that the notice
requirement will be in accordance with Section 74.201(b), Property Code.
Deletes provisions relating to contents of the notice.  Makes conforming
changes.  

SECTION 25. Repealer:  Section 74.204, Property Code (Notice That Accounts
are Subject to This Chapter).   

SECTION 26. Amends Section 74.205, Property Code, to make a conforming
change.  
 
SECTION 27. Amends Section 74.301, Property Code, as follows:

Section 74.301.  New heading:  DELIVERY OF PROPERTY TO THE COMPTROLLER.
Makes conforming changes.  

SECTION 28. Amends Sections 74.3011(c), (e), and (g), Property Code, to
make conforming changes.  

SECTION 29. Amends Sections 74.3012(a), (e), and (g), Property Code, to
make conforming changes.  

SECTION 30.  Amends Section 74.304, Property Code, to provide that for
purposes of this section, payment or delivery is made in good faith if,
among three conditions, the holder delivering the property was not a
fiduciary then in breach of trust with respect to the property and had a
reasonable basis for believing based on the facts then known to the holder
that the property was abandoned or inactive for purposes of this chapter.
Makes conforming and nonsubstantive changes.  

SECTION 31. Repealer:  Section 74.305, Property Code (Suit to Compel
Delivery).   

SECTION 32. Amends Section 74.306, Property Code, to make conforming
changes.  

SECTION 33. Amends Section 74.307, Property Code, to require the
comptroller to compile and revise each year a list, rather than an
alphabetical list, of the names and last known addresses of the owners
listed in the reports and the amount credited to each account.  Makes
conforming changes.  
SECTION 34. Amends Section 74.308, Property Code, to make a conforming
change. 

SECTION 27. Amends Section 74.401, Property Code, to make conforming
changes. 

SECTION 35. Amends Section 74.402, Property Code, to make a conforming
change.   

SECTION 36. Amends Section 74.403(b), Property Code, to make a conforming
change. 

SECTION 37. Amends Section 74.501, Property Code, as follows:

Sec. 74.501.  New heading: CLAIM FILED WITH THE COMPTROLLER.  Requires a
claim to be on a form prescribed by the comptroller.  Requires a claim to
be submitted according to procedures and containing all information
required by the comptroller. Requires the comptroller to consider the
validity of each claim filed under this section. Requires the comptroller
or the comptroller's authorized agent to approve the claim if the
comptroller determines that a claim is valid.  Requires the comptroller to
pay the claim if a claim is for money and has been approved under this
section.  Requires the comptroller to deliver the personal property to the
claimant unless the comptroller has sold the property. Requires the
comptroller to pay to the claimant the proceeds from the sale if the
property has been sold under Section 74.401.  Deletes previous provisions
of Section 74.501.   

SECTION 38. Amends Section 74.502, Property Code, as follows: 

Sec. 74.502.  New heading:  CLAIM FILED WITH HOLDER.  Requires the
comptroller to reimburse the holder for valid claims paid under this
section.  Requires requests from the holder for reimbursement to which
this section applies to be filed in accordance with procedures and on
forms prescribed by the comptroller.  Delete provisions relating to claims
filed with a depository.  Makes conforming changes. 

SECTION 39. Repealer:  Section 74.503, Property Code (Consideration of
Claim).   

SECTION 40. Amends Section 74.504, Property Code, to make conforming
changes.  

SECTION 41. Repealer:  Section 74.505, Property Code (Payment of Claim). 
 
SECTION 42. Amends Section 74.506(c), Property Code, to delete a provision
allowing an appeal under this section to be made by filing suit against
the state in the county in which the claimed funds were deposited.  

SECTION 43. Amends Section 74.507, Property Code, to prohibit a person or
entity who informs a potential claimant and by contract or other written
agreement is to receive a percentage of the value of the property from
filing or receiving any forms to claim or act on behalf of a claimant.
Makes conforming changes.  

SECTION 44. Amends Section 74.508, Property Code, to  make conforming
changes.  

SECTION 45. Amends Section 74.509, Property Code, to authorize a handling
fee to be deducted from the claim payment amount if the payment is equal
to or greater than $100.  Makes conforming changes.   

SECTION 46. Amends Section 74.601, Chapter 74G, Property Code, as follows: 

SUBCHAPTER G.  New heading:  UNCLAIMED MONEY

Sec. 74.601  New heading:  UNCLAIMED MONEY.  Requires the comptroller to
maintain records documenting unclaimed money received under this chapter
or any other statute requiring the delivery of unclaimed property to the
comptroller.  Requires the comptroller to deposit to the credit of the
general revenue fund certain proceeds, funds, and income. Makes conforming
and nonsubstantive changes.  

SECTION 47. Amends Section 74.602, Property Code, as follows:

Sec. 74.602.  New heading:  USE OF FUND.  Requires, except as provided by
Section 381.004, Local Government Code, rather than Subsection (b), the
comptroller to use the unclaimed money received under this chapter or any
other statute requiring the delivery of unclaimed property to the
comptroller to pay the claims of persons or states establishing ownership
of property in the possession of the comptroller.  Deletes provisions
relating to use of funds by the state treasurer and the attorney general.
Makes conforming changes.  

SECTION 48. Amends Section 74.603, Property Code, to make conforming and
nonsubstantive changes.   

SECTION 49. Amends Section 74.701, Property Code, to make a conforming
change.   

SECTION 50. Amends Section 74.702, Property Code, to make conforming
changes.   

SECTION 51. Amends Section 74.703(a), Property Code, to make a conforming
change.  

SECTION 52. Amends Section 74.704, Property Code, to make conforming
changes. 

SECTION 53. Amends Section 74.705, Property Code, as follows: 

Sec. 74.705.  New heading:  INTEREST.  Requires a holder who fails to pay
or deliver property within the time prescribed by this chapter to pay to
the comptroller interest, at an annual rate of 10 percent, on the property
from the date the property should have been paid or delivered until the
date the property is actually paid or delivered.  Deletes Sections
(b)-(e). Makes conforming changes.  

SECTION 54. Amends Chapter 74, Property Code, by adding Section 74.706, as
follows:  

Sec. 74.706.  PENALTY ON DELINQUENT PROPERTY.  Requires a penalty of five
percent of the property due to be imposed on a holder who fails to pay or
deliver property within the time prescribed by this chapter.  Requires an
additional five percent penalty to be imposed when the holder fails to pay
or deliver property within 30 days after the day on  which the property is
due.  

SECTION 55. Amends Chapter 74, Property Code, by adding Section 74.707, as
follows:  

Sec. 74.707.  SETTLEMENT OF PENALTY AND INTEREST.  Authorizes the
comptroller to settle a claim for a penalty and interest imposed on
delinquent property if the comptroller determines that holder has made a
good faith effort to comply with Chapters 72 through 75 of this title. 

SECTION 56. Amends Chapter 74, Property Code, by adding Section 74.708, as
follows:  

Sec. 74.708.  HOLDER HOLDS PROPERTY IN TRUST.  Provides that any holder
who holds property presumed abandoned under Chapters 72 through 75 of this
title, holds the amount for the benefit of the state on behalf of the
missing owners and is liable to the state for the full amount, plus any
accrued interest and penalties on the amount held. 

SECTION 57. Amends Chapter 74, Property Code, by adding Section 74.709, as
follows:  

Sec. 74.709.  SUIT TO COMPEL DELIVERY OF PROPERTY AND CIVIL PENALTIES.
Requires the attorney general to bring an action in the name of the state
on request of the comptroller to compel the delivery of the property
and/or to compel the filing of a property report by a a holder.  Provides
that venue for a suit under this section is in Travis County district
court.  Provides that the fact a suit seeks enforcement of this section
from more than one holder is not grounds for an objection concerning
misjoinder of parties or causes of action.  Provides that when introduced
into evidence the verified property report is sufficient evidence that the
property is abandoned and subject to delivery under this chapter for entry
of a judgment transferring custody of the property to the comptroller.
Authorizes the attorney general, on behalf of the comptroller, to recover
reasonable attorney's fees from the holder.  Provides that a holder who
fails to pay or deliver property or who fails to file a property report
within the time prescribed by this chapter is subject to a civil penalty
not to exceed $100 for each day of violation.   

SECTION 58. Amends Chapter 74, Property Code, by adding Section 74.710, as
follows:  

Sec. 74.710.  CRIMINAL VIOLATION.  Sets forth the occasions under which a
holder commits a Class B misdemeanor under this section.   

SECTION 59. Amends Chapter 74, Property Code, by adding Section 74.711, as
follows:  

Sec. 74.711.  ABATEMENT OF PENALTIES AND INTEREST.  Authorizes the
comptroller to provide for periods of time during which holders of
delinquent unclaimed property may report and remit unclaimed property
without paying penalties or interest.  

SECTION 60. Amends Chapter 75A, Property Code, by adding Section 75.002,
as follows:  

Sec. 75.002.  TRANSFER AND PURCHASE OF MINERAL INTEREST ON MINERAL
PROCEEDS.  Provides that any person, business or entity purchasing mineral
proceeds of an owner whose name has been reported or is reportable to the
comptroller, must provide documentation required by the comptroller to
substantiate the transfer is executed by the reported owner or the owner's
legal agent.  

SECTION 61. Amends Section 91.403(c), Natural Resources Code, to make a
conforming change.  

SECTION 62. Effective date: September 1, 1997.

SECTION 63. Emergency clause.