R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 75th Legislature, Regular Session, 1997, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on S.B. No. 700 to consider and take action
1-6 on the following matters:
1-7 House Rule 13, Section 9(a)(4), is suspended to permit the
1-8 committee to add a new SECTION 24 to the bill to read as follows:
1-9 SECTION 24. Section 74.3012, Property Code, is amended to
1-10 read as follows:
1-11 Sec. 74.3012. DELIVERY OF MONEY TO TEXAS NEW HORIZONS
1-12 [URBAN] SCHOLARSHIP TRUST FUND. (a) The comptroller shall pay any
1-13 portion of the total amount delivered by local exchange companies
1-14 under this chapter in excess of $2 million in any state fiscal year
1-15 to the Texas New Horizons Scholarship Trust Fund established under
1-16 Section 54.216, Education Code [Notwithstanding and in addition to
1-17 any other provision of this chapter or other law, a local exchange
1-18 company may deliver reported money to a scholarship fund for urban
1-19 students instead of delivering the money to the state treasurer as
1-20 prescribed by Section 74.301].
1-21 (b) [A local exchange company may deliver the money under
1-22 this section only to a scholarship fund established by one or more
1-23 local exchange companies in this state to enable needy students
1-24 from urban areas to attend college, technical school, or another
2-1 postsecondary educational institution.]
2-2 [(c) A local exchange company shall file with the state
2-3 treasurer a verification of money delivered under this section that
2-4 complies with Section 74.302.]
2-5 [(d) A claim for money delivered to a scholarship fund under
2-6 this section must be filed with the local exchange company that
2-7 delivered the money. The local exchange company shall forward the
2-8 claim to the administrator of the scholarship fund to which the
2-9 money was delivered. The scholarship fund shall pay the claim if
2-10 the fund determines in good faith that the claim is valid. A
2-11 person aggrieved by a claim decision may file a suit against the
2-12 fund in a district court in the county in which the administrator
2-13 of the scholarship fund is located in accordance with Section
2-14 74.506.]
2-15 [(e) The state treasurer shall prescribe forms and
2-16 procedures governing this section, including forms and procedures
2-17 relating to:]
2-18 [(1) notice of presumed abandoned property;]
2-19 [(2) delivery of reported money to a scholarship fund;
2-20 and]
2-21 [(3) filing of a claim.]
2-22 [(f)] In this section, "local exchange company" means a
2-23 telecommunications utility certificated to provide local exchange
2-24 telephone service within the state and that has 50,000 or more
2-25 access lines in service in this state and is not a telephone
2-26 cooperative.
2-27 [(g) During the 1995-1996 fiscal year, the total amount of
3-1 money that may be transferred by all local exchange companies under
3-2 this section may not exceed $400,000. During each subsequent state
3-3 fiscal year, the total amount of money that may be transferred by
3-4 all local exchange companies under this section may not exceed the
3-5 total amount of money transferred to rural scholarship funds under
3-6 Section 74.3011 during the previous state fiscal year. The state
3-7 treasury shall keep a record of the total amount of money
3-8 transferred annually. If the total amount of money transferred
3-9 during a state fiscal year equals the amount allowed by this
3-10 subsection, the treasury shall notify each local exchange company
3-11 that the company may not transfer any additional money to the
3-12 company's scholarship fund during the remainder of that state
3-13 fiscal year.]
3-14 Explanation: This change is necessary to authorize the
3-15 comptroller to transfer to the Texas New Horizons Scholarship Trust
3-16 Fund amounts in excess of $2 million delivered by
3-17 telecommunications utilities under the unclaimed property statutes.
Rhodes
_______________________________
Speaker of the House
I certify that H.R. No. 1319 was adopted by the House on May
31, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House