By:  Armbrister                                        S.B. No. 700

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to unclaimed property; providing penalties.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Sections 4 through 12 and 14 through 16, Article

 1-4     4.08, Insurance Code, are amended to read as follows:

 1-5           Sec. 4.  REPORTS.  Every such life insurance company shall on

 1-6     or before the first day of November of each year make a report in

 1-7     writing to the comptroller [State Treasurer of Texas] of all

 1-8     unclaimed funds, as hereinbefore defined, held and owing by it on

 1-9     the 30th day of June next preceding, provided, however, such report

1-10     shall not be required to include amounts which have been paid to

1-11     another state or jurisdiction under any escheat or unclaimed funds

1-12     law thereof.  Such report shall be signed and sworn to by an

1-13     officer of such company and shall set forth:  (1) in alphabetical

1-14     order the full name of the insured or annuitant, the last known

1-15     address according to the company's records, and the policy or

1-16     contract number; (2) the amount appearing from the company's

1-17     records to be due on such policy or contract; (3) the date such

1-18     unclaimed funds became payable; (4) the name and last known address

1-19     of each beneficiary or other person who, according to the company's

1-20     records, may have an interest in such unclaimed funds; and (5) such

1-21     other identifying information as the comptroller [State Treasurer]

1-22     may require; provided, however, that individual amounts of less

1-23     than $50 may be reported in the aggregate without furnishing any of

 2-1     the information required in Clauses (1), (2), (3), (4), and (5) of

 2-2     this Section.  Each life insurance company required to file a

 2-3     report under this Section shall maintain a record of the name and

 2-4     last known address, if any, of the insured, annuitant, or

 2-5     beneficiary, the policy or contract number, and the amount

 2-6     appearing from the company's records to be due on the policy or

 2-7     contract for 10 years after the funds are reportable, whether or

 2-8     not the amount was reported in the aggregate under this Section.

 2-9     The comptroller [State Treasurer] may provide by rule for a shorter

2-10     holding period for these records.

2-11           Sec. 5.  NOTICE; PUBLICATION.  (a)  In the calendar year

2-12     following the submission of the reports required under Section 4 of

2-13     this Article and the payment to the comptroller [State Treasurer]

2-14     under Section 6 of this Article of all unclaimed funds described in

2-15     the report, the comptroller [State Treasurer] may cause to be

2-16     published notices based on the information contained in such

2-17     reports.  Except as provided by Subsection (d) of this Section,

2-18     such a notice shall be published once in a newspaper published or

2-19     having a general circulation in each county of this state in which

2-20     is located the last known address of a person appearing to be

2-21     entitled to such funds.

2-22           (b)  Each such notice shall set forth in alphabetical order

2-23     the names of the insureds or annuitants under policies or contracts

2-24     and the city of last known address, if any.  The notice shall also

2-25     state that such unclaimed funds have been delivered to the

 3-1     comptroller [State Treasurer] on the preceding November 1 and that

 3-2     those funds may be claimed from the comptroller [State Treasurer].

 3-3           (c)  The publication requirements under Subchapter C, Chapter

 3-4     74, Property Code, apply to publication of notice under this

 3-5     section.  [It shall not be obligatory upon the State Treasurer to

 3-6     publish any item of less than Fifty Dollars ($50) in such notice,

 3-7     unless the State Treasurer deems such publication to be in the

 3-8     public interest.  Expenses incurred for the publication of notice

 3-9     may be charged against the funds delivered to the State Treasurer

3-10     under Section 6 of this Article.]

3-11           (d)  The comptroller [State Treasurer] may use a method of

3-12     publishing notice that is different from that prescribed by

3-13     Subsection (a) of this Section if the comptroller [State Treasurer]

3-14     determines that the different method would be as likely as the

3-15     prescribed method to give actual notice to the person required to

3-16     be named in the notice.

3-17           Sec. 6.  PAYMENT TO COMPTROLLER [STATE TREASURER].  All

3-18     unclaimed funds contained in the report required to be filed by

3-19     Section 4 of this Article shall be delivered to the comptroller

3-20     [State Treasurer] on or before November 1 with the report.

3-21           Sec. 7.  CUSTODY OF UNCLAIMED FUNDS IN STATE; INSURERS

3-22     INDEMNIFIED.  Upon the payment of such unclaimed funds to the

3-23     comptroller [State Treasurer] the state shall assume, for the

3-24     benefit of those entitled to receive the same and for the safety of

3-25     the money so paid, the custody of such unclaimed funds, and the

 4-1     life insurance company making such payment shall immediately and

 4-2     thereafter be relieved of and held harmless by the state from any

 4-3     and all liability for any claim or claims which exist at such time

 4-4     with reference to such unclaimed funds or which thereafter may be

 4-5     made or may come into existence on account of or in respect to any

 4-6     such unclaimed funds.

 4-7           Sec. 8.  INDEMNIFICATION FOR CLAIMS.  (a)  Any life insurance

 4-8     company which in good faith has paid monies to the comptroller

 4-9     [State Treasurer] pursuant to this Article is relieved of all

4-10     liability for a claim that exists at the time of delivery, that

4-11     arises after delivery to the comptroller [State Treasurer], or that

4-12     is made with respect to the property, to the extent of the value of

4-13     the property delivered.

4-14           (b)  If a life insurance company in good faith delivers

4-15     property to the comptroller [State Treasurer] and after delivery a

4-16     person claims the property from the life insurance company or

4-17     another state claims the property under its laws relating to

4-18     escheat or unclaimed property, the attorney general shall, on

4-19     written notice of the claim, defend the life insurance company

4-20     against the claim.  The life insurance company shall be indemnified

4-21     from the unclaimed money received [fund established] under Chapter

4-22     74 [Section 74.601], Property Code, or any other statute requiring

4-23     the delivery of unclaimed property to the comptroller, against any

4-24     liability on the claim.

4-25           Sec. 9.  FUND ADMINISTRATION.  Upon receipt of any unclaimed

 5-1     funds from such life insurance companies [by the State Treasurer],

 5-2     the comptroller [State Treasurer] shall deposit those funds in the

 5-3     general revenue [unclaimed money fund established by Section

 5-4     74.601, Property Code.  Money in the unclaimed money] fund.

 5-5     Unclaimed money received under Chapter 74, Property Code, or any

 5-6     other statute requiring the delivery of unclaimed property to the

 5-7     comptroller may be appropriated by the legislature to enforce and

 5-8     administer this Article.

 5-9           Sec. 10.  DETERMINATION AND REVIEW OF CLAIMS.  Any person

5-10     claiming to be entitled to unclaimed funds paid to the comptroller

5-11     [State Treasurer] may file a claim at any time with such official.

5-12     The comptroller [State Treasurer] shall possess full and complete

5-13     authority to accept or reject any such claim.  If he rejects such

5-14     claim or fails to act thereon within ninety days after receipt of

5-15     such claim, the claimant may institute suit therefor in a court of

5-16     competent jurisdiction naming the comptroller [State Treasurer] as

5-17     defendant.

5-18           Sec. 11.  PAYMENT OF ALLOWED CLAIMS.  Any claim which is

5-19     accepted by the comptroller [State Treasurer] or ordered to be paid

5-20     by him by a court of competent jurisdiction shall be paid out of

5-21     the unclaimed money received under Chapter 74, Property Code, or

5-22     any other statute requiring the delivery of unclaimed property to

5-23     the comptroller [special trust fund in his custody, or in the event

5-24     such special trust fund shall be insufficient, out of the general

5-25     funds of the state].

 6-1           Sec. 12.  RECORDS REQUIRED.  The comptroller [State

 6-2     Treasurer] shall keep in his office a public record of each payment

 6-3     of unclaimed funds received by him from any life insurance company.

 6-4     Except as to amounts reported in the aggregate, such record shall

 6-5     show in alphabetical order the name and last known address of each

 6-6     insured or annuitant, and of each beneficiary or other person who,

 6-7     according to the company's reports, may have an interest in such

 6-8     unclaimed funds, and with respect to each policy or contract, its

 6-9     number, the name of the company, and the amount due.

6-10           Sec. 14.  ENFORCEMENT.  This Article shall be enforced in the

6-11     manner provided for enforcement of Chapter 74, Property Code, under

6-12     Subchapter H of that chapter.  [INTEREST, ATTORNEY'S FEES, AND

6-13     PENALTIES.  (a)  A person who fails to pay or deliver property

6-14     within the time prescribed by this Article shall pay to the State

6-15     Treasurer interest, at the judgment rate of interest as published

6-16     by the consumer credit commissioner in the Texas Register, on the

6-17     property or value of the property from the date the property should

6-18     have been paid or delivered until the date the property is actually

6-19     paid or delivered.]

6-20           [(b)  If the State Treasurer presents a claim for unclaimed

6-21     property to a person who fails timely to pay or deliver the

6-22     property and the just amount of the unclaimed property owed has not

6-23     been tendered before the 31st day after the date the claim is

6-24     presented, the State Treasurer may, on approval of a court of

6-25     competent jurisdiction in Travis County, recover reasonable

 7-1     attorney's fees from the person in addition to unclaimed property

 7-2     and interest due.]

 7-3           [(c)  Any person who wilfully fails to file a report required

 7-4     by this Article, or who violates any of the other terms and

 7-5     provisions of this Article shall be punished by a fine not less

 7-6     than Five Hundred Dollars ($500.00), nor more than One Thousand

 7-7     Dollars ($1000.00), or by confinement for not more than six months

 7-8     in the county jail, or both, and in addition, shall be subject to

 7-9     civil penalties of not exceeding One Hundred Dollars ($100.00) for

7-10     each day of such wilful failure or refusal, said civil penalties to

7-11     be collected by suit in a District Court of Travis County, Texas,

7-12     by the Attorney General in the name of the State of Texas.]

7-13           Sec. 15.  RULES.  The comptroller [State Treasurer] may adopt

7-14     rules necessary to carry out this Article.

7-15           Sec. 16.  EXAMINATION OF RECORDS.  The comptroller [State

7-16     Treasurer] may examine the records of a life insurance company to

7-17     determine if the life insurance company is complying with this

7-18     Article.  The comptroller [State Treasurer] may not make public any

7-19     information obtained by an examination made under this Section.

7-20           SECTION 2.  Section 117.002, Local Government Code, is

7-21     amended to read as follows:

7-22           Sec. 117.002.  TRANSFER OF UNCLAIMED FUNDS TO COMPTROLLER

7-23     [STATE TREASURER].  Any funds deposited under this chapter that are

7-24     presumed abandoned under Chapter 72, 73, or 75, Property Code,

7-25     shall be reported and delivered by the county or district clerk to

 8-1     the comptroller [state treasurer] without further action by any

 8-2     court.  The dormancy period for funds deposited under this chapter

 8-3     begins on the later of:

 8-4                 (1)  the date of entry of final judgment or order of

 8-5     dismissal in the action in which the funds were deposited;

 8-6                 (2)  the 18th birthday of the minor for whom the funds

 8-7     were deposited; or

 8-8                 (3)  a reasonable date established by rule by the

 8-9     comptroller [state treasurer] to promote the public interest in

8-10     disposing of unclaimed funds.

8-11           SECTION 3.  Section 381.004, Local Government Code, is

8-12     amended by adding Subsection (e) to read as follows:

8-13           (e)  The legislature may appropriate unclaimed money the

8-14     comptroller receives under Chapter 74, Property Code, for a county

8-15     to use in carrying out a program established under this section.

8-16     To receive money for that purpose for any fiscal year, the county

8-17     must request the money for that fiscal year.  The amount a county

8-18     may receive under this subsection for a fiscal year may not exceed

8-19     an amount equal to the value of the capital credits the comptroller

8-20     receives from an electric cooperative corporation on behalf of the

8-21     corporation's members in the county requesting the money less an

8-22     amount sufficient to pay anticipated expenses and claims.  The

8-23     comptroller shall transfer money in response to a request after

8-24     deducting the amount the comptroller determines to be sufficient to

8-25     pay anticipated expenses and claims.

 9-1           SECTION 4.  Subsection (a), Section 71.101, Property Code, is

 9-2     amended to read as follows:

 9-3           (a)  If any person, including the attorney general, the

 9-4     comptroller [State Treasurer], or a district attorney, criminal

 9-5     district attorney, county attorney, county clerk, district clerk,

 9-6     or attorney ad litem is informed or has reason to believe that real

 9-7     or personal property is subject to escheat under this chapter, the

 9-8     person may file a sworn petition requesting the escheat of the

 9-9     property and requesting a writ of possession for the property.

9-10           SECTION 5.  Subsection (c), Section 71.103, Property Code, is

9-11     amended to read as follows:

9-12           (c)  The comptroller [State Treasurer] is an indispensable

9-13     party to any judicial or administrative proceeding concerning the

9-14     disposition and handling of property that is the subject of an

9-15     escheat proceeding and must be made a party to the proceeding by

9-16     personal service of citation.

9-17           SECTION 6.  Subsection (c), Section 71.301, Property Code, is

9-18     amended to read as follows:

9-19           (c)  A copy of the petition shall be served on the

9-20     comptroller [State Treasurer], who shall represent the interests of

9-21     the state.  As the comptroller [State Treasurer] elects and with

9-22     the approval of the attorney general, the attorney general, the

9-23     county attorney or criminal district attorney for the county, or

9-24     the district attorney for the district shall represent the

9-25     comptroller [State Treasurer].

 10-1          SECTION 7.  Subsection (a), Section 71.304, Property Code, is

 10-2    amended to read as follows:

 10-3          (a)  A suit brought for the collection of personal property

 10-4    delivered to the comptroller [State Treasurer] under this chapter

 10-5    must be brought in the name of this state.

 10-6          SECTION 8.  Subsections (b) and (c), Section 72.102, Property

 10-7    Code, are amended to read as follows:

 10-8          (b)  A traveler's check to which Subsection (a) applies is

 10-9    presumed to be abandoned on the latest of:

10-10                (1)  the 15th anniversary of the date on which the

10-11    check was issued;

10-12                (2)  the 15th anniversary of the date on which the

10-13    issuer of the check last received from the owner of the check

10-14    [written] communication concerning the check; or

10-15                (3)  the 15th anniversary of the date of the last

10-16    writing, on file with the issuer, that indicates the owner's

10-17    interest in the check.

10-18          (c)  A money order to which Subsection (a) applies is

10-19    presumed to be abandoned on the latest of:

10-20                (1)  the fifth anniversary of the date on which the

10-21    money order was issued;

10-22                (2)  the fifth anniversary of the date on which the

10-23    issuer of the money order last received from the owner of the money

10-24    order [written] communication concerning the money order; or

10-25                (3)  the fifth anniversary of the date of the last

 11-1    writing, on file with the issuer, that indicates the owner's

 11-2    interest in the money order.

 11-3          SECTION 9.  Section 72.103, Property Code, is amended to read

 11-4    as follows:

 11-5          Sec. 72.103.  PRESERVATION OF PROPERTY.  Notwithstanding any

 11-6    other provision of this title, a [A] holder of abandoned property

 11-7    shall preserve the property and may not at any time, by any

 11-8    procedure, including a deduction for service, maintenance, or other

 11-9    charge, transfer or[,] convert to the profits or assets of the

11-10    holder[,] or otherwise reduce the value of the property.  For

11-11    purposes of this section, value is determined as of the date of the

11-12    last transaction or contact concerning the property [to the profits

11-13    or assets of the holder].

11-14          SECTION 10.  The heading to Chapter 73, Property Code, is

11-15    amended to read as follows:

11-16             CHAPTER 73.  PROPERTY [INACTIVE ACCOUNTS] HELD BY

11-17              FINANCIAL INSTITUTIONS [BANKING ORGANIZATIONS]

11-18          SECTION 11.  Subsection (a), Section 73.001, Property Code,

11-19    is amended by amending Subdivision (1) and adding Subdivision (5)

11-20    to read as follows:

11-21                (1)  "Account" means funds deposited with a depository

11-22    in an interest-bearing account, a checking[, interest,] or savings

11-23    account.

11-24                (5)  "Check" includes a draft, cashier's check,

11-25    certified check, registered check, or similar instrument.

 12-1          SECTION 12.  Subsections (c) and (d), Section 73.001,

 12-2    Property Code, are amended to read as follows:

 12-3          (c)  Any property, other than an account, check, or safe

 12-4    deposit box, held by a depository is subject to the abandonment

 12-5    provisions of Chapter 72.

 12-6          (d)  A holder of accounts, checks, or safe deposit boxes

 12-7    presumed abandoned under this chapter is subject to the procedures

 12-8    of Chapter 74.

 12-9          SECTION 13.  Sections 73.002 and 73.003, Property Code, are

12-10    amended to read as follows:

12-11          Sec. 73.002.  DEPOSITORY.  For the purposes of this chapter,

12-12    a depository is a bank, savings and loan association, credit union,

12-13    or other banking organization that:

12-14                (1)  receives and holds a deposit of money or the

12-15    equivalent of money in banking practice or other personal property

12-16    in this state; or

12-17                (2)  receives and holds such a deposit or other

12-18    personal property in another state for a person whose last known

12-19    residence is in this state.

12-20          Sec. 73.003.  PRESERVATION OF INACTIVE ACCOUNT OR SAFE

12-21    DEPOSIT BOX.  (a)  A depository shall preserve an account that is

12-22    inactive and the contents of a safe deposit box that is inactive.

12-23    The depository may not, at any time, by any procedure, including

12-24    the imposition of a service charge, transfer or[,] convert to the

12-25    profits or assets of the depository[,] or otherwise reduce the

 13-1    value of the [such an] account or the contents of such a box.  For

 13-2    purposes of this subsection, value is determined as of the date the

 13-3    account or safe deposit box becomes inactive [to the profits or

 13-4    assets of the depository].

 13-5          (b)  An account is inactive if for more than one year there

 13-6    has not been a debit or credit to the account because of an act by

 13-7    the depositor or an agent of the depositor, other than the

 13-8    depository, and the depositor has not communicated with the

 13-9    depository.  A safe deposit box is inactive if the rental on the

13-10    box is delinquent [for more than one year].

13-11          (c)  This section does not affect the provisions of

13-12    Subchapter B, Chapter 8, Texas Banking Act (Article 342-8.101 et

13-13    seq., Vernon's Texas Civil Statutes).

13-14          [(d)  For purposes of presumption of abandonment under

13-15    Section 73.101, the five-year period of inactivity for accounts

13-16    begins on the date of the last transaction or correspondence by the

13-17    depositor.  The five-year period of inactivity of safe deposit

13-18    boxes begins on the date the rental was due but not paid.]

13-19          SECTION 14.  Section 73.101, Property Code, is amended to

13-20    read as follows:

13-21          Sec. 73.101.  INACTIVE ACCOUNT OR SAFE DEPOSIT BOX PRESUMED

13-22    ABANDONED.  (a)  An account or safe deposit box is presumed

13-23    abandoned if:

13-24                (1)  the account or safe deposit box has been inactive

13-25    [under Section 73.003(b)] for at least five years as determined

 14-1    under Subsection (b);

 14-2                (2)  the location of the depositor of the account or

 14-3    owner of the safe deposit box is unknown to the depository; and

 14-4                (3)  the amount of the account or the contents of the

 14-5    box have not been delivered to the comptroller [State Treasurer] in

 14-6    accordance with Chapter 74.

 14-7          (b)  For purposes of Subsection (a)(1):

 14-8                (1)  an account becomes inactive beginning on the date

 14-9    of the depositor's last transaction or correspondence concerning

14-10    the account; and

14-11                (2)  a safe deposit box becomes inactive beginning on

14-12    the date a rental was due but not paid.  [To satisfy the five-year

14-13    period of inactivity required by Subdivision (1) of Subsection (a),

14-14    the account or safe deposit box must have been inactive for a

14-15    continuous period beginning not later than June 30 of the fifth

14-16    year preceding the year in which the report is filed under Chapter

14-17    74.]

14-18          SECTION 15.  Subchapter B, Chapter 73, Property Code, is

14-19    amended by adding Section 73.102 to read as follows:

14-20          Sec. 73.102.  CHECKS.  A check is presumed to be abandoned on

14-21    the latest of:

14-22                (1)  the third anniversary of the date the check was

14-23    payable;

14-24                (2)  the third anniversary of the date the issuer or

14-25    payor of the check last received documented communication from the

 15-1    payee of the check; or

 15-2                (3)  the third anniversary of the date the check was

 15-3    issued if, according to the knowledge and records of the issuer or

 15-4    payor of the check, during that period, a claim to the check has

 15-5    not been asserted or an act of ownership by the payee has not been

 15-6    exercised.

 15-7          SECTION 16.  Subsections (a) and (c), Section 74.101,

 15-8    Property Code, are amended to read as follows:

 15-9          (a)  Each holder who on June 30 holds property that is

15-10    presumed abandoned under Chapter 72, [Chapter] 73, or [Chapter] 75,

15-11    or under [Section 5A,] Chapter 512, Acts of the 54th Legislature,

15-12    1955 (Article 548b, Vernon's Texas Civil Statutes), shall file a

15-13    report of that property on or before the following November 1.  The

15-14    comptroller may require the report to be in a particular format,

15-15    including a format that can be read by a computer.  [Each report

15-16    shall be filed with the State Treasurer as provided by this section

15-17    and on forms prescribed by the State Treasurer.]

15-18          (c)  The property report must include:

15-19                (1)  the name and social security number, if known, and

15-20    the last known address, if any, of each person who, from the

15-21    records of the holder of the property, appears to be the owner of

15-22    the property, or the name and address, if known, of any person who

15-23    is entitled to the property;

15-24                (2)  a [brief] description of the property, the

15-25    identification number, if any, and, if appropriate, a balance of

 16-1    each account, except as provided by Subsection (d) [(e)];

 16-2                (3)  the date that the property became payable,

 16-3    demandable, or returnable;

 16-4                (4)  the date of the last transaction with the owner

 16-5    concerning the property; and

 16-6                (5)  [any deduction made by the holder of the property

 16-7    for a service, maintenance, or other charge, unless fully restored

 16-8    and included in the amount reported; and]

 16-9                [(6)]  other information that the comptroller [State

16-10    Treasurer] by rule requires to be disclosed as necessary for the

16-11    administration of this chapter.

16-12          SECTION 17.  Section 74.102, Property Code, is amended to

16-13    read as follows:

16-14          Sec. 74.102.  VERIFICATION.  (a)  The person preparing a

16-15    property report shall provide with [place at the end of] each copy

16-16    of the report a verification made under oath and executed by:

16-17                (1)  the individual holding the reported property;

16-18                (2)  a partner, if the holder is a partnership;

16-19                (3)  an officer, if the holder is an unincorporated

16-20    association or a private corporation; or

16-21                (4)  the chief fiscal officer, if the holder is a

16-22    public corporation.

16-23          (b)  The verification must include the following sentence:

16-24          "This [The foregoing] report contains a full and complete

16-25    list of all property held by the undersigned that, from the

 17-1    knowledge and records of the undersigned, is abandoned under the

 17-2    laws of the State of Texas."

 17-3          SECTION 18.  Subsections (a) and (c), Section 74.103,

 17-4    Property Code, are amended to read as follows:

 17-5          (a)  A holder required to file a property report under

 17-6    Section 74.101 shall keep a record of:

 17-7                (1)  the name, the social security number, if known,

 17-8    and the last known address of each person who, from the records of

 17-9    the holder of the property, appears to be the owner of the

17-10    property;

17-11                (2)  a brief description of the property, including the

17-12    identification number, if any; and

17-13                (3)  the balance of each account, if appropriate.

17-14          (c)  The comptroller [State Treasurer] may by rule provide

17-15    for a shorter period for keeping a record required by this section.

17-16          SECTION 19.  Section 74.104, Property Code, is amended to

17-17    read as follows:

17-18          Sec. 74.104.  CONFIDENTIALITY OF PROPERTY REPORT.

17-19    (a)  Except as provided by Section [Sections] 74.201, 74.203, or

17-20    [and] 74.307, a property report filed with the comptroller [State

17-21    Treasurer] under Section 74.101 is confidential until the second

17-22    anniversary of the date the report is filed.

17-23          (b)  The [Notwithstanding any other provision of law, the]

17-24    social security number of an owner that is provided [reported] to

17-25    the comptroller [State Treasurer] is confidential.

 18-1          SECTION 20.  Sections 74.201, 74.202, and 74.203, Property

 18-2    Code, are amended to read as follows:

 18-3          Sec. 74.201.  REQUIRED [PUBLISHED] NOTICE.  (a)  Except as

 18-4    provided by [Subsection (b) and] Section 74.202, the comptroller

 18-5    may use one or more methods as necessary to provide the most

 18-6    efficient and effective notice to each reported owner [State

 18-7    Treasurer shall publish a notice in a newspaper of general

 18-8    circulation] in the calendar year immediately following the year in

 18-9    which the report required by Section 74.101 is filed.  The notice

18-10    must be provided [published]:

18-11                (1)  in the county of the property owner's [in which

18-12    the] last known address [of a person required to be named in the

18-13    notice is located]; or

18-14                (2)  [if the address of a person listed is not set out

18-15    in the report or if it is outside the state,] in the county in

18-16    which the holder [of the abandoned property] has its principal

18-17    place of business or its[,] registered office[, or agent] for

18-18    service in this state, if the property owner's last address is

18-19    unknown.

18-20          (b)  [The State Treasurer may use a method of publishing

18-21    notice that is different from that prescribed by Subsection (a)(1)

18-22    or (2) if the State Treasurer determines that the different method

18-23    would be as likely as the prescribed method to give actual notice

18-24    to the person required to be named in the notice.]

18-25          [(c)]  The [published] notice must state that the reported

 19-1    property is presumed abandoned and subject to this chapter and must

 19-2    contain:

 19-3                (1)  the name and city of last known address of the

 19-4    reported owner[, if any, of each person listed in the property

 19-5    report filed under Section 74.101, listed alphabetically by name];

 19-6                (2)  a statement that, by [addressing an] inquiry [to

 19-7    the State Treasurer], any person possessing a legal or beneficial

 19-8    interest in the reported property may obtain information concerning

 19-9    the amount and description of the property; and

19-10                (3)  a statement that the person [owner] may present

19-11    proof of the claim [to the State Treasurer] and establish the

19-12    person's [owner's] right to receive the property.

19-13          (d)  The comptroller [State Treasurer] may offer for sale

19-14    space for suitable advertisements in a notice published under this

19-15    section.  [Proceeds from the sale of the advertising space shall be

19-16    used to defray the cost of publishing the notices, with the

19-17    remaining amount, if any, to be deposited to the credit of the

19-18    unclaimed money fund.]

19-19          Sec. 74.202.  NOTICE FOR ITEM WITH VALUE OF LESS THAN $100

19-20    [NOT EXCEEDING $50].  In the notice required by Section 74.201, the

19-21    comptroller [State Treasurer] is not required to publish

19-22    information regarding an item having a value that is less than $100

19-23    [$50] unless the comptroller [State Treasurer] determines that

19-24    publication of that information is in the public interest.

19-25          Sec. 74.203.  AUTHORIZED NOTICE [TO OWNER].  (a)  During the

 20-1    calendar year immediately following the year in which the report

 20-2    required by Section 74.101 is filed, [the State Treasurer may mail

 20-3    a] notice may be mailed to each person who has been reported with a

 20-4    Texas address and appears to be entitled to the reported property

 20-5    [valued at $50 or more].

 20-6          (b)  The notice under Subsection (a) must conform to the

 20-7    requirements for notice under Section 74.201(b) [must contain:]

 20-8                [(1)  a statement that property is being held by the

 20-9    State Treasurer to which the addressee appears to be entitled; and]

20-10                [(2)  a statement that the owner may present proof of

20-11    the claim to the State Treasurer and establish the owner's right to

20-12    receive the property].

20-13          SECTION 21.  Sections 74.205 and 74.301, Property Code, are

20-14    amended to read as follows:

20-15          Sec. 74.205.  CHARGE FOR NOTICE.  The comptroller [State

20-16    Treasurer] may charge the following against the property delivered

20-17    under this chapter:

20-18                (1)  expenses incurred for the publication of notice

20-19    required by Section 74.201; and

20-20                (2)  the amount paid in postage for the notice to the

20-21    owner required by Section 74.203.

20-22          Sec. 74.301.  DELIVERY OF PROPERTY TO COMPTROLLER [STATE

20-23    TREASURER].  (a)  Each holder who on June 30 holds property that is

20-24    presumed abandoned under Chapter 72, [Chapter] 73, or [Chapter] 75

20-25    shall deliver the property to the comptroller [State Treasurer] on

 21-1    or before the following November 1 accompanied by the report

 21-2    required to be filed under Section 74.101.

 21-3          (b)  If the property subject to delivery under Subsection (a)

 21-4    is stock or some other intangible ownership interest in a business

 21-5    association for which there is no evidence of ownership, the holder

 21-6    shall issue a duplicate certificate or other evidence of ownership

 21-7    to the comptroller [State Treasurer] at the time delivery is

 21-8    required under this section.

 21-9          SECTION 22.  Subsections (c), (e), and (g), Section 74.3011,

21-10    Property Code, are amended to read as follows:

21-11          (c)  A local telephone exchange company shall file with the

21-12    comptroller [state treasurer] a verification of money delivered

21-13    under this section that complies with Section 74.302.

21-14          (e)  The comptroller [state treasurer] shall prescribe forms

21-15    and procedures governing this section, including forms and

21-16    procedures relating to:

21-17                (1)  notice of presumed abandoned property;

21-18                (2)  delivery of reported money to a scholarship fund;

21-19    and

21-20                (3)  filing of a claim.

21-21          (g)  During a state fiscal year, the total amount of money

21-22    that may be transferred by all local telephone exchange companies

21-23    under this section may not exceed $400,000.  The comptroller [state

21-24    treasury] shall keep a record of the total amount of money

21-25    transferred annually.  When the total amount of money transferred

 22-1    during a state fiscal year equals the amount allowed by this

 22-2    subsection, the comptroller [treasury] shall notify each local

 22-3    telephone exchange company that the company may not transfer any

 22-4    additional money to the company's scholarship fund during the

 22-5    remainder of that state fiscal year.

 22-6          SECTION 23.  Subsections (a), (e), and (g), Section 74.3012,

 22-7    Property Code, are amended to read as follows:

 22-8          (a)  Notwithstanding and in addition to any other provision

 22-9    of this chapter or other law, a local exchange company may deliver

22-10    reported money to a scholarship fund for urban students instead of

22-11    delivering the money to the comptroller [state treasurer] as

22-12    prescribed by Section 74.301.

22-13          (e)  The comptroller [state treasurer] shall prescribe forms

22-14    and procedures governing this section, including forms and

22-15    procedures relating to:

22-16                (1)  notice of presumed abandoned property;

22-17                (2)  delivery of reported money to a scholarship fund;

22-18    and

22-19                (3)  filing of a claim.

22-20          (g)  [During the 1995-1996 fiscal year, the total amount of

22-21    money that may be transferred by all local exchange companies under

22-22    this section may not exceed $400,000.]  During each [subsequent]

22-23    state fiscal year, the total amount of money that may be

22-24    transferred by all local exchange companies under this section may

22-25    not exceed the total amount of money transferred to rural

 23-1    scholarship funds under Section 74.3011 during the previous state

 23-2    fiscal year.  The comptroller [state treasury] shall keep a record

 23-3    of the total amount of money transferred annually.  If the total

 23-4    amount of money transferred during a state fiscal year equals the

 23-5    amount allowed by this subsection, the comptroller [treasury] shall

 23-6    notify each local exchange company that the company may not

 23-7    transfer any additional money to the company's scholarship fund

 23-8    during the remainder of that state fiscal year.

 23-9          SECTION 24.  Sections 74.304, 74.306, 74.307, and 74.308,

23-10    Property Code, are amended to read as follows:

23-11          Sec. 74.304.  RESPONSIBILITY AFTER DELIVERY.  (a)  If

23-12    reported property is delivered to the comptroller, [State

23-13    Treasurer] the state shall assume custody of the property and

23-14    responsibility for its safekeeping.

23-15          (b)  A holder who delivers property to the comptroller [State

23-16    Treasurer] in good faith is relieved of all liability to the extent

23-17    of the value of the property delivered for any claim then existing,

23-18    that may arise after delivery to the comptroller [State Treasurer],

23-19    or that may be made with respect to the property.

23-20          (c)  If the holder delivers property to the comptroller

23-21    [State Treasurer] in good faith and, after delivery, a person

23-22    claims the property from the holder or another state claims the

23-23    property under its laws relating to escheat or unclaimed property,

23-24    the attorney general shall, on written notice of the claim, defend

23-25    the holder against the claim, and the holder shall be indemnified

 24-1    from the unclaimed money received under this chapter or any other

 24-2    statute requiring delivery of unclaimed property to the comptroller

 24-3    [fund established in Section 74.601] against any liability on the

 24-4    claim.

 24-5          (d)  The comptroller [State Treasurer] is not, in the absence

 24-6    of negligence or mishandling of the property, liable to the person

 24-7    who claims the property for damages incurred while the property or

 24-8    the proceeds from the sale of the property are in the comptroller's

 24-9    [treasurer's] possession.  But in any event the liability of the

24-10    state is limited to the extent of the property delivered under this

24-11    chapter and remaining in the possession of the comptroller [State

24-12    Treasurer] at the time a suit is filed.

24-13          (e)  For the purposes of this section, payment or delivery is

24-14    made in good faith if:

24-15                (1)  payment or delivery was made in a reasonable

24-16    attempt to comply with this chapter;

24-17                (2)  the holder [person] delivering the property was

24-18    not a fiduciary then in breach of trust with respect to the

24-19    property and had a reasonable basis for believing based on the

24-20    facts then known to the holder [person] that the property was

24-21    abandoned or inactive for purposes of this chapter; and

24-22                (3)  there is no showing that the records under which

24-23    the delivery was made did not meet reasonable commercial standards

24-24    of practice in the industry.

24-25          (f)  On delivery of a duplicate certificate or other evidence

 25-1    of ownership to the comptroller [State Treasurer] under Subsection

 25-2    (b) of Section 74.301, the holder and any transfer agent,

 25-3    registrar, or other person acting for or on behalf of a holder in

 25-4    executing or delivering the duplicate certificate are relieved of

 25-5    all liability of every kind in accordance with this section to any

 25-6    person, including any person acquiring the original certificate or

 25-7    the duplicate of the certificate issued to the comptroller [State

 25-8    Treasurer], for any losses or damages resulting to any person by

 25-9    the issuance and delivery to the comptroller [State Treasurer] of

25-10    the duplicate certificate.

25-11          Sec. 74.306.  UNCLAIMED PROPERTY HELD BY FEDERAL GOVERNMENT.

25-12    (a)  If the federal government enacts a law that provides for the

25-13    discovery of unclaimed property held by the federal government and

25-14    that provides or makes that information available to the states,

25-15    the comptroller [State Treasurer] may pay to the federal government

25-16    from the unclaimed money received under this chapter or any other

25-17    statute requiring the delivery of unclaimed property to the

25-18    comptroller [fund] the proportional share of the necessary cost of

25-19    examining records.

25-20          (b)  If the federal government delivers unclaimed property to

25-21    the comptroller [State Treasurer], this state shall hold the

25-22    federal government harmless from claims made by owners of the

25-23    property after the delivery.

25-24          Sec. 74.307.  LIST OF OWNERS.  (a)  The comptroller [State

25-25    Treasurer] shall compile and revise each year, except as to amounts

 26-1    reported in the aggregate, a [an alphabetical] list of the names

 26-2    and last known addresses of the owners listed in the reports and

 26-3    the amount credited to each account.

 26-4          (b)  The comptroller [State Treasurer] shall make the list

 26-5    available for public inspection during all reasonable business

 26-6    hours.

 26-7          Sec. 74.308.  PERIOD OF LIMITATION NOT A BAR.  The

 26-8    expiration, on or after September 1, 1987, of any period specified

 26-9    by contract, statute, or court order, during which an action or

26-10    proceeding may be initiated or enforced to obtain payment of a

26-11    claim for money or recovery of property, does not prevent the money

26-12    or property from being presumed abandoned property and does not

26-13    affect any duty to file a report required by this chapter or to pay

26-14    or deliver abandoned property to the comptroller [State Treasurer].

26-15          SECTION 25.  Sections 74.401 and 74.402, Property Code, are

26-16    amended to read as follows:

26-17          Sec. 74.401.  SALE OF PROPERTY.  (a)  Except as provided by

26-18    Subsection (c), the comptroller [State Treasurer] shall sell at

26-19    public sale all personal property, other than money and marketable

26-20    securities, delivered to the comptroller [State Treasurer] in

26-21    accordance with Section 74.301.  The comptroller [State Treasurer]

26-22    shall conduct the sale in the city in this state that the

26-23    comptroller [State Treasurer] determines affords the most favorable

26-24    market for the particular property.

26-25          (b)  The comptroller [State Treasurer] shall sell the

 27-1    property to the highest bidder.  If the comptroller [State

 27-2    Treasurer] determines that the highest bid is insufficient, the

 27-3    comptroller [State Treasurer] may decline that bid and offer the

 27-4    property for public or private sale.

 27-5          (c)  The comptroller [State Treasurer] is not required to

 27-6    offer property for sale if the property belongs to a person with an

 27-7    address outside this state or the comptroller [State Treasurer]

 27-8    determines that the probable cost of the sale of the property

 27-9    exceeds its value.

27-10          (d)  If after investigation the comptroller [State Treasurer]

27-11    determines that property delivered from a safe deposit box or other

27-12    repository has insubstantial commercial value, the comptroller

27-13    [State Treasurer] may destroy or otherwise dispose of the property

27-14    at any time.

27-15          (e)  A person may not maintain any action or proceeding

27-16    against the state, an officer of the state, or the holder of

27-17    property because of an action taken by the comptroller [State

27-18    Treasurer] under this section.

27-19          Sec. 74.402.  NOTICE OF SALE.  Before the 21st day preceding

27-20    the day on which a public sale is held under Section 74.401, the

27-21    comptroller [State Treasurer] shall publish notice of the sale in a

27-22    newspaper of general circulation in the county where the sale is to

27-23    be held.

27-24          SECTION 26.  Subsection (b), Section 74.403, Property Code,

27-25    is amended to read as follows:

 28-1          (b)  The comptroller [State Treasurer] shall execute all

 28-2    documents necessary to complete the transfer of title.

 28-3          SECTION 27.  Sections 74.501 and 74.502, Property Code, are

 28-4    amended to read as follows:

 28-5          Sec. 74.501.  [FILING OF] CLAIM FILED WITH COMPTROLLER.

 28-6    (a)  The comptroller shall review the validity of each claim filed

 28-7    under this section.  [Except as provided by Subsection (b), a claim

 28-8    for property or proceeds from the sale of property delivered to the

 28-9    State Treasurer under this chapter, including claims by other

28-10    states, must be filed with the State Treasurer.]

28-11          (b)  If the comptroller determines that a claim is valid, the

28-12    comptroller or the comptroller's authorized agent shall approve [a

28-13    claim is for inactive property that was held by a depository before

28-14    being delivered to the State Treasurer,] the claim [may be filed

28-15    with the depository under Section 74.502].  If the claim is for

28-16    money and has been approved under this section, the comptroller

28-17    shall pay the claim.  If a claim is for personal property other

28-18    than money and has been approved under this section, the

28-19    comptroller shall deliver the property to the claimant unless the

28-20    comptroller has sold the property.  If the property has been sold

28-21    under Section 74.401, the comptroller shall pay to the claimant the

28-22    proceeds from the sale.

28-23          (c)  All claims to which this section applies must be filed

28-24    in accordance with procedures, contain the information, and be on

28-25    forms prescribed by the comptroller [State Treasurer].

 29-1          Sec. 74.502.  CLAIM FILED WITH HOLDER [DEPOSITORY].  (a)  [If

 29-2    inactive property held by a depository under Chapter 73 is

 29-3    delivered to the State Treasurer under Section 74.301, a claim may

 29-4    be filed with the depository except that any claim by another state

 29-5    must be filed with the State Treasurer.  The State Treasurer shall

 29-6    prescribe forms and procedures for filing claims with depositories.]

 29-7          [(b)]  If a claim is filed with a holder [depository] under

 29-8    this section and the holder [depository] determines in good faith

 29-9    that the claim is valid, the holder [depository] may pay the amount

29-10    of the claim.

29-11          (b)  The comptroller shall reimburse the holder for a valid

29-12    claim paid under this section.

29-13          (c)  The request from a holder for reimbursement must be

29-14    filed in accordance with procedures and on forms prescribed by the

29-15    comptroller.  [If the amount paid under Subsection (b) is $100 or

29-16    less, the State Treasurer shall reimburse the depository on receipt

29-17    of a written statement subscribed and sworn to by an officer of the

29-18    depository that states:]

29-19                [(1)  the name and address of the person to whom

29-20    payment was made; and]

29-21                [(2)  that the depository believes in good faith that

29-22    the claim is valid.]

29-23          [(d)  If the amount paid under Subsection (b) is more than

29-24    $100, the State Treasurer shall examine the claim and any

29-25    supporting affidavit or evidence of the claim.  Before the State

 30-1    Treasurer may reimburse a depository for a claim under this

 30-2    subsection, the claim must be approved and signed by the State

 30-3    Treasurer.]

 30-4          SECTION 28.  Section 74.504, Property Code, is amended to

 30-5    read as follows:

 30-6          Sec. 74.504.  HEARING.  (a)  The comptroller [State

 30-7    Treasurer] may hold a hearing and receive evidence concerning a

 30-8    claim filed under this subchapter.

 30-9          (b)  If the comptroller [State Treasurer] considers that a

30-10    hearing is necessary to determine the validity of a claim, the

30-11    comptroller [State Treasurer] shall sign the statement of the

30-12    findings and the decision on the claim.  The statement shall report

30-13    the substance of the evidence heard and the reasons for the

30-14    decision.  The statement is a public record.

30-15          (c)  If the comptroller [State Treasurer] determines that a

30-16    claim is valid, the comptroller [State Treasurer] shall approve and

30-17    sign the claim.

30-18          SECTION 29.  Subsection (c), Section 74.506, Property Code,

30-19    is amended to read as follows:

30-20          (c)  An appeal under this section must be made by filing suit

30-21    against the state in a district court in Travis County, Texas[, or

30-22    in the county in which the claimed funds were deposited].  The

30-23    state's immunity from suit without consent is abolished with

30-24    respect to suits brought under this section.

30-25          SECTION 30.  Sections 74.507, 74.508, and 74.509, Property

 31-1    Code, are amended to read as follows:

 31-2          Sec. 74.507.  FEE FOR RECOVERY.  (a)  A person who informs a

 31-3    potential claimant that the claimant may be entitled to claim

 31-4    property that is reportable to the comptroller [State Treasurer]

 31-5    under this chapter, that has been reported to the comptroller

 31-6    [State Treasurer], or that is in the possession of the comptroller

 31-7    [State Treasurer,] may not contract for or receive from the

 31-8    claimant for services an amount that exceeds 10 percent of the

 31-9    value of the property recovered.  If the property involved is

31-10    mineral proceeds, the amount for services may not include a portion

31-11    of the underlying minerals or any production payment, overriding

31-12    royalty, or similar payment.

31-13          (b)  The person who informs a potential claimant and by

31-14    contract or other written agreement is to receive a percentage of

31-15    the value of the property may not file or receive a form to claim

31-16    or act on behalf of a claimant.

31-17          Sec. 74.508.  CLAIM OF ANOTHER STATE TO RECOVER PROPERTY;

31-18    PROCEDURE.  (a)  At any time after property has been paid or

31-19    delivered to the comptroller [State Treasurer] under this chapter

31-20    [Act], another state may recover the property if:

31-21                (1)  the property was subjected to custody by this

31-22    state because the records of the holder did not reflect the last

31-23    known address of the apparent owner when the property was presumed

31-24    abandoned under this chapter [Act], and the other state establishes

31-25    that the last known address of the apparent owner or other person

 32-1    entitled to the property was in that state and under the laws of

 32-2    that state the property escheated to or was subject to a claim of

 32-3    abandonment by that state;

 32-4                (2)  the last known address of the apparent owner or

 32-5    other person entitled to the property, as reflected by the records

 32-6    of the holder are in the other state and under the laws of that

 32-7    state the property has escheated to or become subject to a claim of

 32-8    abandonment by that state;

 32-9                (3)  the records of the holder were erroneous in that

32-10    they did not accurately reflect the actual owner of the property

32-11    and the last known address of the actual owner is in the other

32-12    state and under the laws of that state the property escheated to or

32-13    was subject to a claim of abandonment by that state;

32-14                (4)  the property was subjected to custody by this

32-15    state under Subdivision (6) of Subsection (a) of Section 72.001 and

32-16    under the laws of the state of domicile of the holder the property

32-17    has escheated to or become subject to a claim of abandonment by

32-18    that state; or

32-19                (5)  the property is the sum payable on a traveler's

32-20    check, money order, or other similar instrument that was subjected

32-21    to custody by this state under Subdivision (4) and the instrument

32-22    was purchased in the other state and under the laws of that state

32-23    the property escheated to or became subject to a claim of

32-24    abandonment by that state.

32-25          (b)  The claim of another state to recover escheated or

 33-1    abandoned property must be presented in a form prescribed by the

 33-2    comptroller [State Treasurer], who shall decide the claim within 90

 33-3    days after it is presented.  The comptroller [State Treasurer]

 33-4    shall allow the claim if he determines that the other state is

 33-5    entitled to the abandoned property under Subsection (a).

 33-6          Sec. 74.509.  HANDLING FEE FOR PROCESSING UNCLAIMED PROPERTY.

 33-7    A [The State Treasurer shall charge a person claiming unclaimed

 33-8    property a] handling fee may be deducted from the amount of the

 33-9    claim payment if [ownership of the property is reinstated and] the

33-10    payment is at least $100 [value of the property is $50 or more].

33-11          SECTION 31.  Subchapter G, Chapter 74, Property Code, is

33-12    amended to read as follows:

33-13                   SUBCHAPTER G.  UNCLAIMED MONEY [FUND]

33-14          Sec. 74.601.  UNCLAIMED MONEY [FUND].  (a)  The comptroller

33-15    [State Treasurer] shall maintain a record that documents [fund

33-16    known as the] unclaimed money received under this chapter or any

33-17    other statute requiring the delivery of unclaimed property to the

33-18    comptroller [fund].

33-19          (b)  The comptroller [State Treasurer] shall deposit to the

33-20    credit of the general revenue fund:

33-21                (1)  all funds, including marketable securities,

33-22    delivered to the comptroller [State Treasurer] under this chapter

33-23    or any other statute requiring the delivery of unclaimed property

33-24    to the comptroller [State Treasurer];

33-25                (2)  all proceeds from the sale of any property,

 34-1    including marketable securities, under this chapter;

 34-2                (3)  all funds that have escheated to the state under

 34-3    Chapter 71, except that funds relating to escheated real property

 34-4    shall be deposited according to Section 71.202; and

 34-5                (4)  any income derived from investments of the

 34-6    unclaimed money [fund].

 34-7          (c)  The comptroller [State Treasurer] shall keep a separate

 34-8    record and accounting for delivered unclaimed property, other than

 34-9    money, before its sale.

34-10          (d)  Except as provided by Subsection (e), the comptroller

34-11    [State Treasurer] shall from time to time invest the amount of [in

34-12    the] unclaimed money [fund] in investments approved by law for the

34-13    investment of state funds.

34-14          (e)  The comptroller [State Treasurer] may from time to time

34-15    sell securities [in the fund], including stocks, bonds, and mutual

34-16    funds, received under this chapter or any other statute requiring

34-17    the delivery of unclaimed property to the comptroller and use the

34-18    proceeds to buy, exchange, invest, or reinvest in marketable

34-19    securities.  When making or selling the investments, the

34-20    comptroller [State Treasurer] shall exercise the judgment and care

34-21    of a prudent person.

34-22          (f)  The comptroller [State Treasurer] shall keep a separate

34-23    record and accounting for securities delivered, sold, purchased, or

34-24    exchanged and the proceeds and earnings from the securities.

34-25          Sec. 74.602.  USE OF MONEY [FUND].  [(a)]  Except as provided

 35-1    by Section 381.004, Local Government Code [Subsection (b)], the

 35-2    comptroller [State Treasurer] shall use the unclaimed money

 35-3    received under this chapter or any other statute requiring the

 35-4    delivery of unclaimed property to the comptroller [fund] to pay the

 35-5    claims of persons or states establishing ownership of property in

 35-6    the possession of the comptroller [State Treasurer] under this

 35-7    chapter or under any other unclaimed property or escheat statute.

 35-8          [(b)  Each fiscal year after deducting funds sufficient to

 35-9    pay anticipated expenses and claims of the unclaimed money fund,

35-10    the state treasurer shall transfer:]

35-11                [(1)  half of the balance of the unclaimed money fund

35-12    to the foundation school fund;]

35-13                [(2)  $1.2 million to the state ethics fund;]

35-14                [(3)  to each county of the state that requests, an

35-15    amount equal to any capital credits in the fund, less anticipated

35-16    claims, that were delivered under this chapter to the state

35-17    treasurer by an electric cooperative corporation on behalf of the

35-18    corporation's members in that county, with the money to be used

35-19    only to carry out a program under Section 381.004, Local Government

35-20    Code; and]

35-21                [(4)  the remainder to the General Revenue Fund.]

35-22          [(c)  The State Treasurer and the attorney general may use

35-23    the unclaimed money fund generally for the enforcement and

35-24    administration of this title, including the expenses of sale,

35-25    forms, notices, examinations, travel, court costs, supplies,

 36-1    equipment, employment of necessary personnel, and any other

 36-2    necessary expenses.]

 36-3          Sec. 74.603.  AUDIT; APPROPRIATION.  The unclaimed money

 36-4    received under this chapter or any other statute requiring the

 36-5    delivery of unclaimed property to the comptroller [fund] is subject

 36-6    to audit by the State Auditor and to appropriation by the

 36-7    legislature for enforcing and administering this title.

 36-8          SECTION 32.  Sections 74.701 and 74.702, Property Code, are

 36-9    amended to read as follows:

36-10          Sec. 74.701.  RULES.  The comptroller [State Treasurer] may

36-11    adopt rules necessary to carry out this title.

36-12          Sec. 74.702.  EXAMINATION OF RECORDS.  (a)  To enforce this

36-13    chapter and to determine whether reports have been made as required

36-14    by this chapter, the comptroller [State Treasurer], the attorney

36-15    general, or an authorized agent of either, at any reasonable time,

36-16    may examine the books and records of any holder.

36-17          (b)  The comptroller [State Treasurer], the attorney general,

36-18    or an agent of either may not make public any information obtained

36-19    by an examination made under this section and may not disclose that

36-20    information except in the course of a judicial proceeding,

36-21    authorized by this chapter, in which the state is a party or

36-22    pursuant to an agreement with another state allowing joint audits

36-23    or the exchange of information obtained under this section.

36-24          SECTION 33.  Subsection (a), Section 74.703, Property Code,

36-25    is amended to read as follows:

 37-1          (a)  The comptroller [State Treasurer] and the attorney

 37-2    general may employ, in the office of either official, additional

 37-3    personnel necessary to enforce this title.

 37-4          SECTION 34.  Sections 74.704 and 74.705, Property Code, are

 37-5    amended to read as follows:

 37-6          Sec. 74.704.  ASSISTANCE IN ENFORCEMENT.  If the comptroller

 37-7    [State Treasurer] or the attorney general requests, the State

 37-8    Auditor, Banking Commissioner of Texas [state comptroller, banking

 37-9    commissioner], securities commissioner, [insurance] commissioner of

37-10    insurance, savings and loan commissioner, Credit Union Commission,

37-11    Department of Public Safety of the State of Texas, or any district

37-12    or county attorney shall assist the comptroller [State Treasurer]

37-13    or attorney general in enforcing this title.

37-14          Sec. 74.705.  INTEREST[, ATTORNEY'S FEES, AND PENALTIES].

37-15    [(a)]  A holder [person] who fails to pay or deliver property

37-16    within the time prescribed by this chapter shall pay to the

37-17    comptroller [State Treasurer] interest, at an annual rate of 10

37-18    percent [the judgment rate of interest as published by the consumer

37-19    credit commissioner in the Texas Register], on the property [or

37-20    value of the property] from the date the property should have been

37-21    paid or delivered until the date the property is actually paid or

37-22    delivered.

37-23          [(b)  If the State Treasurer presents a claim for unclaimed

37-24    property to a person who fails timely to pay or deliver the

37-25    property and the just amount of unclaimed property owed has not

 38-1    been tendered before the 31st day after the date the claim is

 38-2    presented, the State Treasurer may, on approval of a court of

 38-3    competent jurisdiction in Travis County, recover reasonable

 38-4    attorney's fees from the person in addition to unclaimed property

 38-5    and interest due.]

 38-6          [(c)  A person commits an offense if the person:]

 38-7                [(1)  wilfully fails to file a report required by this

 38-8    chapter;]

 38-9                [(2)  refuses to permit examination of records in

38-10    accordance with this chapter;]

38-11                [(3)  makes a deduction from or a service charge

38-12    against a dormant account or dormant deposit of funds; or]

38-13                [(4)  violates any other provision of this title.]

38-14          [(d)  An offense under this section is punishable by:]

38-15                [(1)  a fine of not less than $500 nor more than

38-16    $1,000;]

38-17                [(2)  confinement in jail for a term not to exceed six

38-18    months; or]

38-19                [(3)  both the fine and confinement.]

38-20          [(e)  In addition to a criminal penalty, a person who commits

38-21    an offense under Subsection (c) is subject to a civil penalty not

38-22    to exceed $100 for each day of the violation.  The attorney general

38-23    shall collect the civil penalty by bringing suit on behalf of the

38-24    state in a district court in Travis County, Texas.]

38-25          SECTION 35.  Subchapter H, Chapter 74, Property Code, is

 39-1    amended by adding Sections 74.706 through 74.710 to read as

 39-2    follows:

 39-3          Sec. 74.706.  PENALTY.  A penalty equal to five percent of

 39-4    the value of the property due shall be imposed on a holder who

 39-5    fails to pay or deliver property within the time prescribed by this

 39-6    chapter.  If a holder fails to pay or deliver property before the

 39-7    31st day after the date the property is due, an additional penalty

 39-8    equal to five percent of the value of the property due shall be

 39-9    imposed.

39-10          Sec. 74.707.  WAIVER OR ABATEMENT OF PENALTY OR INTEREST.

39-11    (a)  The comptroller may waive penalty or interest imposed on

39-12    delinquent property if the comptroller determines that the holder

39-13    has made a good faith effort to comply with Chapters 72-75.

39-14          (b)  The comptroller may provide for periods during which a

39-15    holder of delinquent property may report and remit the unclaimed

39-16    property without paying a penalty or interest.

39-17          Sec. 74.708.  PROPERTY HELD IN TRUST.  A holder who on

39-18    June 30 holds property presumed abandoned under Chapters 72-75

39-19    holds the property in trust for the benefit of the state on behalf

39-20    of the missing owner and is liable to the state for the full value

39-21    of the property, plus any accrued interest and penalty.  A holder

39-22    is not required by this section to segregate or establish trust

39-23    accounts for the property provided the property is timely delivered

39-24    to the comptroller in accordance with Section 74.301.

39-25          Sec. 74.709.  SUIT TO COMPEL DELIVERY OF PROPERTY AND CIVIL

 40-1    PENALTIES.  (a)  On request of the comptroller, the attorney

 40-2    general shall bring an action in district court, in the name of the

 40-3    state, to compel a holder to deliver property or to file a property

 40-4    report.

 40-5          (b)  Venue for a suit brought under this section is in Travis

 40-6    County.

 40-7          (c)  The fact that a suit seeks enforcement of this section

 40-8    from more than one holder is not grounds for an objection

 40-9    concerning misjoinder of parties or causes of action.

40-10          (d)  When introduced into evidence, the verified property

40-11    report, unless rebutted, is sufficient evidence that the property

40-12    is abandoned and subject to delivery under this chapter and for

40-13    entry of a judgment transferring custody of the property to the

40-14    comptroller.

40-15          (e)  The attorney general, on behalf of the comptroller, may

40-16    recover reasonable attorney's fees from the holder in addition to

40-17    recovery of any unclaimed property accrued or a penalty or interest

40-18    due.

40-19          (f)  In addition to a penalty or interest assessed on

40-20    delinquent property, a holder who fails to pay or deliver property

40-21    or who fails to file a property report within the time prescribed

40-22    by this chapter is subject to a civil penalty not to exceed $100

40-23    for each day of violation.

40-24          Sec. 74.710.  CRIMINAL OFFENSE.  (a)  A holder commits an

40-25    offense if the holder wilfully violates this chapter, including:

 41-1                (1)  failing to file a report in accordance with this

 41-2    chapter;

 41-3                (2)  failing to pay or deliver property in accordance

 41-4    with this chapter; or

 41-5                (3)  refusing to permit examination of records in

 41-6    accordance with this chapter.

 41-7          (b)  An offense under this section is a Class B misdemeanor.

 41-8          SECTION 36.  Subchapter A, Chapter 75, Property Code, is

 41-9    amended by adding Section 75.002 to read as follows:

41-10          Sec. 75.002.  TRANSFER AND PURCHASE OF MINERAL INTEREST ON

41-11    MINERAL PROCEEDS.  A person purchasing mineral proceeds of an owner

41-12    whose name has been reported or is reportable to the comptroller

41-13    shall provide documentation required by the comptroller to

41-14    substantiate that the transfer is executed by the reported owner or

41-15    the reported owner's legal agent.

41-16          SECTION 37.  Subsection (c), Section 91.403, Natural

41-17    Resources Code, is amended to read as follows:

41-18          (c)  The payor's obligation to pay interest and the payee's

41-19    right to receive interest under Subsection (a) of this section

41-20    terminate on delivery of the proceeds and accumulated interest to

41-21    the comptroller [State Treasurer] as provided by Title 6, Property

41-22    Code.

41-23          SECTION 38.  The following provisions are repealed:

41-24                (1)  Section 571.030, Government Code;

41-25                (2)  Sections 73.004, 74.204, 74.305, and 74.505,

 42-1    Property Code; and

 42-2                (3)  Section 74.503, Property Code, as amended by

 42-3    Chapters 36 and 851, Acts of the 73rd Legislature, 1993.

 42-4          SECTION 39.  (a)  The change in law made by this Act applies

 42-5    only to an offense committed on or after the effective date of this

 42-6    Act.  For purposes of this section, an offense is committed before

 42-7    the effective date of this Act if any element of the offense occurs

 42-8    before that date.  An offense committed before the effective date

 42-9    of this Act is covered by the law in effect when the offense was

42-10    committed, and the former law is continued in effect for that

42-11    purpose.

42-12          (b)  The change in law under Section 74.705, Property Code,

42-13    as amended by this Act, applies only to the rate for interest that

42-14    accrues under that section on or after the effective date of this

42-15    Act.  The rate for interest that accrued under that section before

42-16    the effective date of this Act is governed by the law as it existed

42-17    at the time the interest accrued, and that law is continued in

42-18    effect for that purpose.

42-19          (c)  On the effective date of this Act, the comptroller shall

42-20    transfer to the general revenue fund money in the unclaimed money

42-21    fund.

42-22          SECTION 40.  This Act takes effect September 1, 1997.

42-23          SECTION 41.  The importance of this legislation and the

42-24    crowded condition of the calendars in both houses create an

42-25    emergency and an imperative public necessity that the

 43-1    constitutional rule requiring bills to be read on three several

 43-2    days in each house be suspended, and this rule is hereby suspended.

 43-3                         COMMITTEE AMENDMENT NO. 1

 43-4          Amend S.B. 700 as follows:

 43-5          (1)  On page 20, line 23, strike "Each" and substitute:

 43-6    "Except as provided by subsection (c), each"

 43-7          (2)  On page 21, line 9, insert the following subsection (c)

 43-8    to SECTION 21:  "(c)  If the property subject to delivery under

 43-9    subsection (a) is the contents of a safe deposit box, the

43-10    comptroller may instruct a holder to deliver the property on a

43-11    specified date after November 1st but before June 1st of the

43-12    following year."

43-13          (3)  On page 26, line 1, strike "a [an alphabetical]" and

43-14    substitute:  "an alphabetical"

43-15          (4)  On page 42, line 22, insert the following subsection (d)

43-16    to SECTION 39:  "(d)  The change in law under Sections 74.201 and

43-17    74.202, Property Code, as amended by this Act applies to any notice

43-18    requirement provided under Section 74.201 on or after September 1,

43-19    1997, including notice requirements for property reported prior to

43-20    September 1, 1997."

43-21          (5)  On page 25, line 24, insert the following Section

43-22    74.3061 to SECTION 24:  "Sec. 74.3061.  ESCHEAT OF FUNDS IN THE

43-23    POSSESSION OF THE UNITED STATES.  (a)  In the event any money is

43-24    due to a resident of this state in the nature of a refund, rebate

43-25    or other overpayment of taxes or fees to the United States, with

 44-1    respect to which the resident is likely to have his rights to

 44-2    secure such refund or rebate barred by a statute of limitations, or

 44-3    if for any reason at least three years has elapsed after the date

 44-4    of which the resident could have filed a timely claim for said

 44-5    refund or rebate, the comptroller is appointed agent of such

 44-6    resident to apply for said refund or rebate, and is authorized to

 44-7    do any act which a natural person could do to recover said money.

 44-8    When the comptroller files an application or initiates any other

 44-9    proceeding to secure said refund or rebate, the comptroller is

44-10    coupled with an interest in the money sought and money recovered.

44-11    All property within this provision, including all principal and

44-12    interest accruing thereon, is declared to have escheated and to

44-13    have become the property of the state.

44-14          (b)  The funds escheated by the state pursuant to this

44-15    provision shall be noticed as provided by Section 74.201.  Title to

44-16    any such property shall be transferred by the state to any persons

44-17    who in accordance with subchapter F can show that the property

44-18    belonged to them immediately prior to the escheat or that they were

44-19    heirs to those funds immediately prior to the escheat."

44-20                                                                Woolley