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


Senate Research CenterC.S.S.B. 700
By: Armbrister
State Affairs
3-31-97
Committee Report (Substituted)


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, C.S.S.B. 700 clarifies the provision of the Property 
Code relating to unclaimed 
property.  Additionally, C.S.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 1, 
18, 22, 23 and 32 (Sections 4 
and 15, 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. Amends Sections 4-12, and 14-16, Article 4.08, 
Insurance Code, as follows:

Sec. 4.  REPORTS.  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 
comptroller, rather than the state 
treasurer of Texas of all unclaimed funds.  Makes conforming 
changes.

Sec. 5.  NOTICE; PUBLICATION.  Provides that the publication 
requirements under 
Chapter 74C, Property Code, apply to publication of notice 
under this section.  Deletes 
provisions relating to publication requirements.  Makes 
conforming changes. 

Sec. 6.  New heading:  PAYMENT TO COMPTROLLER.  Makes 
conforming changes.

Sec. 7.  CUSTODY OF UNCLAIMED FUNDS IN STATE; INSURERS 
INDEMNIFIED. 
Makes conforming changes.  

Sec. 8.  INDEMNIFICATION FOR CLAIMS.  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.

 Sec. 9.  FUND ADMINISTRATION.  Requires the comptroller, 
rather than the state 
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.

Sec. 10.  DETERMINATION AND REVIEW OF CLAIMS.  Makes 
conforming changes. 

Sec. 11.  PAYMENT OF ALLOWED CLAIMS.  Makes conforming 
changes. 

Sec. 12.  RECORDS REQUIRED.  Makes conforming changes.

Sec. 14.  New heading:  ENFORCEMENT.  Requires this article 
to be enforced in the 
manner provided for enforcement of Chapter 74, Property 
Code, under Subchapter H of that 
chapter.  Deletes provisions relating to enforcement of this 
article.

Sec. 15.  RULES.  Makes conforming changes. 

Sec. 16.  EXAMINATION OF RECORDS.  Makes conforming changes. 
 

SECTION 2. Amends Section 117.002, Local Government Code, as 
follows:   

Sec. 117.002.  New heading:  TRANSFER OF UNCLAIMED FUNDS TO 
COMPTROLLER.  Makes conforming changes. 
 
SECTION 3. Amends Section 381.004, Local Government Code, by 
adding Subsection (e), as 
follows:  

(e)  Authorizes the legislature to appropriate unclaimed 
money the comptroller receives 
under Chapter 74, Property Code, for a county to use in 
carrying out a program established 
under this section.  Requires the county, to receive money 
for that purpose for any fiscal year, 
to request the money for that fiscal year.  Prohibits the 
amount a county may receive under 
this subsection for a fiscal year from exceeding an amount 
equal to the value of the capital 
credits the comptroller receives from an electric 
cooperative corporation on behalf of the 
corporation's members in the county requesting the money 
less an amount sufficient to pay 
anticipated expenses and claims.  Requires the comptroller 
to transfer the money in response 
to a request after deducting the amount the comptroller 
determines to be sufficient to pay 
anticipated expenses and claims.  

SECTION 4. Amends Section 71.101(a), Property Code, to make a 
conforming change.

SECTION 5. Amends Section 71.103(c), Property Code, to make a 
conforming change. 

SECTION 6. Amends Section 71.301(c), Property Code, to make 
conforming changes. 

SECTION 7. Amends Section 71.304(a), Property Code, to make a 
conforming change. 
   
SECTION 8. 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 9. Amends Section 72.103, Property Code, to prohibit, 
notwithstanding any other 
provision of this title, a holder of abandoned property at any 
time from transferring or converting to 
the profits or assets of the holder or from otherwise reducing 
the value of the property.  Provides that 
for purposes of this section, value is determined as of the date 
of the last transaction or contact 
concerning the property.  Makes conforming changes.
 
SECTION 10. Amends the heading of Chapter 73, Property Code, as 
follows:

CHAPTER 73.  New heading:  PROPERTY HELD BY 
FINANCIAL INSTITUTIONS

SECTION 11. Amends Sections 73.001(a), Property Code, by amending 
Subdivision (1) and by 
adding Subdivision (5), to redefine "account," and to define 
"check."

SECTION 12. Amends Sections 73.001(c) and (d), Property Code, to 
make conforming changes.

SECTION 13. Amends Sections 73.002 and 73.003, Property Code, as 
follows:  

Sec. 73.002.  DEPOSITORY.  Provides that a depository 
includes, among others, a credit 
union.  

Sec. 73.003.  New heading:  PRESERVATION OF INACTIVE ACCOUNT 
OR SAFE 
DEPOSIT BOX.  Requires a depository to preserve an account 
that is inactive and the 
contents of a safe deposit box, rather than a deposit box, 
that is inactive.  Prohibits the 
depository, at any time, by any procedure, including the 
imposition of a service charge, from 
transferring or converting to the profits or assets of the 
depository or from otherwise reducing 
the value of the account or the contents of such a box.  
Provides that, for purposes of this 
subsection, value is determined as of the date the account 
or safe deposit box becomes 
inactive.  Provides that a safe deposit box is inactive if 
the rental on the box is delinquent. 
Provides that this section does not affect the provisions of 
Chapter 8B, Texas Banking Act 
(Article 342-8.10 et seq., V.T.C.S.).  Deletes provisions 
relating to abandonment of accounts 
and safe deposit boxes. 

SECTION 14. Amends Section 73.101, Property Code, to provide that 
an account or safe deposit 
box is presumed abandoned if, among other conditions, the account 
or safe deposit box has been 
inactive for at least five years as determined under Subsection 
(b).  Provides that, for the purposes 
of Subsection (a)(1), an account becomes inactive beginning on 
the date of the depositor's last 
transaction or correspondence concerning the account; and a safe 
deposit box becomes inactive 
beginning on the date a rental was due but not paid.  Deletes a 
previous provision relating to 
Subsection (a)(1).  Makes a conforming change.  

SECTION 15. Amends Chapter 73B, Property Code, by adding Section 
73.102, as follows:

Sec. 73.102.  CHECKS.  Sets forth dates on which a check is 
presumed to be abandoned.

SECTION 16. Amends Sections 74.101(a) and (c), Property Code, to 
require each holder who on 
June 30 holds property that is presumed abandoned under, among 
other sections, Chapter 512, Acts 
of the 54th Legislature, 1955, rather than Section 5A (Article 
548b, V.T.C.S.), to file a report of that 
property on or before the following November 1.  Authorizes the 
comptroller to require the report 
to be in a particular format.  Deletes a provision relating to 
forms.  Requires the property  report to 
include, among other items, the name and social security number 
of each person who appears to be 
the owner of the property; and a description of the property, 
rather than a brief description of the 
property.  Deletes a provision requiring the property report to 
include any deduction made by the 
holder of the property for a service, maintenance, or other 
charge, unless fully restored and included 
in the amount reported.  Makes conforming and nonsubstantive 
changes.

SECTION 17. Amends Section 74.102, Property Code, to make 
nonsubstantive changes.  

SECTION 18. Amends Sections 74.103(a) and (c), Property Code, to 
make conforming changes. 

SECTION 19. Amends Section 74.104, Property Code, to provide that 
except as provided by Section 
74.201, 74.203, or, rather than and, 74.307, a property report 
filed with the comptroller under Section 
74.101 is confidential until the second anniversary of the date 
the report is filed.  Makes conforming 
and nonsubstantive changes.  

 SECTION 20. Amends Sections 74.201-74.203, Property Code, as 
follows:

Sec.  74.201.  New heading:  REQUIRED NOTICE. Authorizes the 
comptroller, except as 
provided by Section 74.202, to use one or more methods as 
necessary to provide the most 
efficient and effective notice to each reported owner in the 
calender year immediately 
following the year in which the report required by Section 
74.101 is filed.  Deletes reference 
to publication in a newspaper of general circulation.  
Requires the notice to be provided, 
rather than published, in the county of the property owner's 
last known address; or in the 
county in which the holder has its principal place of 
business or its registered office for 
service in this state, if the property owner's last address 
is unknown.  Deletes reference to 
notice of publication by the state treasurer.  Requires the 
notice to state that the reported 
property is presumed abandoned and subject to this chapter 
and to contain the name and city 
of last known address of the reported owner; a statement 
that, by inquiry, any person 
possessing a legal or beneficial interest in the reported 
property may obtain information 
concerning the amount and description of the property; and a 
statement that the person, rather 
than the owner, may present proof of the claim and establish 
the person's right to receive the 
property.  Deletes reference to proceeds from the sale of 
certain advertising space.  Makes 
conforming changes. 

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

Sec.  74.203.  New heading:  AUTHORIZED NOTICE.  Authorizes 
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.  Requires the notice under Subsection (a) 
to conform to the requirements 
for notice under Section 74.201(b).  Deletes the provisions 
relating to the contents of the 
notice.  Makes conforming changes.  

SECTION 21. Amends Sections 74.205 and 74.301, Property Code, as 
follows:  

Sec.  74.205.  CHARGE FOR NOTICE.  Makes conforming change. 

Sec.  74.301.  New heading:  DELIVERY OF PROPERTY TO 
COMPTROLLER.  Makes 
conforming and nonsubstantive changes. 

SECTION 22. Amends Sections 74.3011(c), (e), and (g), Property 
Code, to make conforming 
changes. 

SECTION 23. Amends Sections 74.3012(a), (e), and (g), Property 
Code, to delete a provision 
relating to the 1995-1996 fiscal year.  Makes conforming changes.

SECTION 24. Amends Sections 74.304 and 74.306-74.308, Property 
Code, as follows:

Sec.  74.304.  RESPONSIBILITY AFTER DELIVERY.  Requires the 
holder, under certain 
circumstances, to be indemnified from unclaimed money 
received under this chapter or any 
other statute requiring delivery of unclaimed property to 
the comptroller against any liability 
on the claim.  Provides 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. 

Sec.  74.306.  UNCLAIMED PROPERTY HELD BY FEDERAL 
GOVERNMENT.  Makes 
conforming changes. 


Section 74.307.  LIST OF OWNERS.  Requires 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. 

Sec. 74.308.  PERIOD OF LIMITATION NOT A BAR.  Makes a 
conforming change.

SECTION 25. Amends Sections 74.401 and 74.402, Property Code, as 
follows:

Sec. 74.401.  SALE OF PROPERTY.  Makes conforming changes. 

Sec. 74.402.  NOTICE OF SALE.  Makes a conforming change. 

SECTION 26. Amends Section 74.403(b), Property Code, to make a 
conforming change. 

SECTION 27. Amends Sections 74.501 and 74.502, Property Code, as 
follows:   

Sec. 74.501.  New heading:  CLAIM FILED WITH COMPTROLLER.  
Requires the 
comptroller to review the validity of each claim filed filed 
under this section.  Deletes a 
provision relating to a claim for property or proceeds from 
the sale of certain property. 
Requires the comptroller or the comptroller's authorized 
agent to approve the claim if the 
comptroller determines that a claim is valid.  Deletes a 
provision relating to a claim for 
certain inactive property.  Requires the comptroller to pay 
the claim if the claim is for money 
and has been approved under this section.  Requires the 
comptroller, if a claim is for personal 
property other than money and has been approved under this 
section, to deliver the property 
to the claimant unless the comptroller has sold the 
property.  Requires the comptroller, if the 
property has been sold under Section 74.401, to pay to the 
claimant the proceeds from the 
sale.  Requires all claims to which this section applies to 
be filed in accordance with 
procedures, contain the information, and be on forms 
prescribed by the comptroller.  Makes 
a conforming change.

Sec. 74.502.  New heading:  CLAIM FILED WITH HOLDER.  
Requires the comptroller to 
reimburse the holder for valid claims paid under this 
section.  Requires the request from a 
holder for reimbursement 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 28. Amends Section 74.504, Property Code, to make 
conforming changes. 

SECTION 29. 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 30. Amends Section 74.507-74.509, Property Code, as 
follows:

Sec.  74.507.  FEE FOR RECOVERY.  Prohibits a person 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 a form to claim or act on 
behalf of a claimant.  Makes 
conforming changes. 

Sec.  74.508.  CLAIM OF ANOTHER STATE TO RECOVER PROPERTY; 
PROCEDURE. 
Makes conforming and nonsubstantive changes. 

Sec. 74.509.  HANDLING FEE FOR PROCESSING UNCLAIMED 
PROPERTY. 
Authorizes a handling fee to be deducted from the amount of 
the claim payment if the 
payment is at least $100.  Makes a conforming change.  

SECTION 31. Amends Chapter 74G, Property Code, as follows: 

SUBCHAPTER G.  New heading:  UNCLAIMED MONEY

 Sec. 74.601  New heading:  UNCLAIMED MONEY.  Requires the 
comptroller to maintain 
a record that  documents 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. 

Sec. 74.602.  New heading:  USE OF MONEY.  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. 

Sec. 74.603.  AUDIT; APPROPRIATION.  Makes a conforming 
change. 

SECTION 32. Sections 74.701 and 74.702, Property Code, as follows:

Sec. 74.701.  RULES.  Makes a conforming change. 

Sec. 74.702.  EXAMINATION OF RECORDS.  Makes conforming 
changes.  

SECTION 33. Amends Section 74.703(a), Property Code, to make a 
conforming change. 

SECTION 34. Amends Sections 74.704 and 74.705, Property Code, as 
follows:

Sec. 74.704.  ASSISTANCE IN ENFORCEMENT. Makes conforming 
and nonsubstantive 
changes.  

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 35. Amends Chapter 74H, Property Code, by adding Sections 
74.706-74.710, as follows:

Sec. 74.706.  PENALTY.  Requires a penalty equal to five 
percent of the value 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 penalty 
equal to five percent of the value 
of the property due to be imposed upon a holder failing to 
pay or deliver property before the 
31st day after the date the property is due. 

Sec. 74.707.  SETTLEMENT OR ABATEMENT OF PENALTY OR 
INTEREST.  Requires 
the comptroller to settle a claim for a penalty or interest 
imposed on delinquent property if 
the comptroller determines that the holder has made a good 
faith effort to comply with 
Chapters 72-75.  Authorizes the comptroller to provide for 
periods during which a holder of 
delinquent property may report and remit the unclaimed 
property without paying a penalty 
or interest.

Sec. 74.708.  PROPERTY HELD IN TRUST.  Provides that a 
holder who holds property 
presumed abandoned under Chapters 72-75 holds the property 
in trust for the benefit of the 
state on behalf of the missing owner and is liable to the 
state for the full value of the 
property.

Sec. 74.709.  SUIT TO COMPEL DELIVERY OF PROPERTY AND CIVIL 
PENALTIES. 
Require the attorney general, on request of the comptroller, 
to bring an action in district court 
to compel a holder to deliver property or to file a property 
report.  Sets forth venue.  Provides 
that the fact that 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
the verified property is sufficient evidence that the 
property is abandoned and subject to 
delivery under this chapter and for entry of a judgment 
transferring custody of the property 
to the comptroller.  Authorizes the attorney general to 
recover reasonable attorney's fees from 
the holder in addition to recovery of any unclaimed property 
accrued or a penalty or interest 
due.  Sets forth a civil penalty.  

Sec. 74.710.  CRIMINAL OFFENSE.  Provides that a holder 
commits a Class B 
misdemeanor if the holder knowingly violates this chapter, 
including failing to file a report 
in accordance with this chapter; failing to pay or deliver 
property in accordance with this 
chapter; or refusing to permit examination of records in 
accordance with this chapter.

SECTION 36. Amends Chapter 75A, Property Code, by adding Section 
75.002, as follows: 

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

SECTION 37. Amends Section 91.403(c), Natural Resources Code, to 
make a conforming change.

SECTION 38. Repealers:  Section 571.030, Government Code (State 
Ethics Fund); Sections 73.004, 
73.305, and 74.505, Property Code (Drafts, Checks, & Similar 
Instruments; Notice That Accounts 
are Subject to this Chapter; Payment of Claim); and Section 
74.503, Property Code (Consideration 
of Claim).  

SECTION 39. (a)  Makes application of this Act prospective in 
regard to an offense committed 
under this Act. 

(b)  Makes application of this Act prospective in regard to 
the change in law under Section 
74.705, Property Code, as amended by this Act. 

(c)  Requires the comptroller to transfer to the general 
revenue fund money in the unclaimed 
money fund on the effective date of this Act.  

SECTION 40. Effective date: September 1, 1997.

SECTION 41. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Sections 4-12 and 14-16, Article 4.08, Insurance 
Code, originally designated in 
SECTION 2.  Revises suggested changes and makes additional 
conforming and 
nonsubstantive changes.  

SECTION 2.

Amends Section 117.002, Local Government Code, originally 
designated in SECTION 3.

SECTION 3.

Amends Section 381.004, Property Code, originally designated 
in SECTION 4.  Revises 
proposed Subsection (e).  

SECTIONS 4-8. 

Amends Sections 71.101(a), 71.103(c), 71.301(c), 71.304(a), 
and 71.102(b) and (c), Property
 Code, originally designated in SECTIONS 5-9.  

SECTION 9.

Amends Section 72.103, Property Code, originally designated 
in SECTION 10.  Revises 
proposed changes. 

SECTION 10. 

Amends the heading to Chapter 73, Property Code, originally 
designated in SECTION 11. 
Makes nonconforming changes to the proposed changes to the 
heading.  

SECTION  11. 

Amends Chapter 73.001(a), Property Code, originally 
designated in SECTION 12.  Revises 
proposed definitions for "account" and "check."  Omits 
proposed definition of "owner."

SECTION 12.  

Amends Chapters 73.001(c) and (d), Property Code, originally 
designated in SECTION 12.

SECTION 13.

Amends Sections 73.002 and 73.003, Property Code, originally 
designated in SECTIONS 
13 and 14.  Revises the heading and proposed changes to 
Section 73.003, Property Code. 

SECTION 14. 

Amends Section 73.101, Property Code, originally proposed in 
SECTION 14.  Revises 
proposed changes. 

SECTION 15. 

Amends Chapter 73B, Property Code, by adding Section 73.102, 
originally proposed in 
SECTION 17.  Revises proposed changes.

SECTION 16.  

Amends Sections 74.101(a) and (c), Property Code, originally 
designated in SECTION 18. 
Revises proposed changes.  

SECTION 17. 

Amends Sections 74.102, Property Code, originally designated 
in SECTION 19.  Revises 
proposed nonsubstantive changes.  

SECTION 18. 

Amends Sections 74.103(a) and (c), Property Code, originally 
designated in SECTION 20. 
Revises proposed changes to conform with a revision to 
Section 74.101(c), Property Code.

SECTION 19.

Amends Section 74.104, Property Code, originally designated 
in SECTION 21.  Revises 
proposed changes. 

SECTION 20. 

Amends Sections 74.201-203, Property Code, orignially 
designated in SECTIONS 22-24. 
Revises proposed changes.  Suggests changes to the headings 
of Section 74.201-74.203.  

SECTION 21. 

Amends Sections 74.205 and 74.301, Property Code, originally 
designated in SECTIONS 
26 and 27.  Makes nonsubstantive changes to Section 74.301, 
Property Code.  

SECTION 22. 

Amends Sections 74.011(c), (e), and (g), Property Code, 
originally designated in SECTION 
28.  

SECTION 23.

Amends Sections 74.3012(a), (e), and (g), Property Code, 
originally designated in SECTION 
29.  Proposes deletion of certain text in Section 
74.3012(g).  

SECTION 24. 

Amends Sections 74.304 and 74.306-74.308, Property Code, 
originally designated in 
SECTIONS 30 and 32-34.  

SECTION 25. 

Amends Sections 74.401 and 74.402, Property Code, originally 
designated in SECTIONS 
27 and 35.  

SECTION 26. 

Amends Section 74.403(b), Property Code, originally 
designated in SECTION 36.  

SECTION 27. 

Amends Section 74.501 and 74.502, Property Code, originally 
designated in SECTIONS 37 
and 38.  Revises proposed changes to both sections.  

SECTIONS 28-34.  

Amends Sections 74.504, 74.506(c), 74.507-74.509, 
74.601-74.603, and 74.701-74.705, 
Property Code, originally designated in SECTIONS 40, 42-53.  
Revises proposed changes 
to Sections 74.507, 74.508, 74.601-74.603, and 74.705, 
Property Code.  

SECTION 35.  

Amends Chapter 74H, Property Code, by adding Sections 
74.706-74.710, originally 
designated in SECTIONS 54-58.  Revises certain proposed 
provisions.  Omits proposed 
Section 74.711, regarding abatement of penalties and 
interest, originally proposed in 
SECTION 59.  

SECTION 36. 

Amends Chapter 75A, Property Code, by adding Section 75.002, 
originally designated in 
SECTION 36.  Revises proposed text.  

SECTION 37. 

Amends Section 91.403(c), Natural Resources Code, originally 
designated in SECTION 61.

SECTION 38. 

 Repeals statutes originally repealed in SECTIONS 1, 15, 25, 31, 
39, and 41. 

SECTION 39. 

 Sets forth revised proposed session law. 

SECTION 40-41. 

Sets forth the effective date and the emergency clause 
originally designated in SECTIONS