1-1 AN ACT
1-2 relating to the termination of certain receiverships.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter E, Chapter 64, Civil Practice and
1-5 Remedies Code, is amended by adding Section 64.0721 to read as
1-6 follows:
1-7 Sec. 64.0721. TERMINATION OF RAILROAD RECEIVERSHIP. (a) A
1-8 receiver of a railroad company located wholly within this state
1-9 that has been in receivership for more than 50 years may apply to
1-10 the court that appointed the receiver requesting the court to:
1-11 (1) terminate the receivership; and
1-12 (2) disburse any assets of the railroad company
1-13 remaining after the payment of the company's debts to one or more
1-14 nonprofit charitable organizations chosen by the receiver for use
1-15 in providing services within the county in which the receiver was
1-16 appointed.
1-17 (b) After a receiver makes an application under Subsection
1-18 (a), the receiver shall publish notice of the proposed termination
1-19 of the receivership for seven consecutive days in a newspaper of
1-20 general circulation in the county in which the receivership is
1-21 located. The notice must state that a person with an interest in
1-22 the assets of the railroad company may file a claim with the court
1-23 that appointed the receiver not later than the 90th day after the
1-24 final day of the publication of the notice.
2-1 (c) After the expiration of the period for filing claims
2-2 provided by Subsection (b) and after the court resolves all claims
2-3 filed with the court relating to the railroad company, the court
2-4 shall disburse any remaining assets of the receivership to the
2-5 nonprofit charitable organizations chosen by the receiver that are
2-6 acceptable to the court in its discretion.
2-7 (d) Any noncash assets of a railroad company that exist when
2-8 its receivership is terminated under this section escheat to the
2-9 state.
2-10 SECTION 2. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3581 was passed by the House on May
2, 1997, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3581 on May 22, 1997, by the following vote: Yeas 144, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3581 was passed by the Senate, with
amendments, on May 20, 1997, by the following vote: Yeas 27, Nays
3.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor