Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         By:  Armbrister                               S.B. No. 700

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to unclaimed property.

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

 1-3           SECTION 1.  Section 571.030, Government Code, is repealed to

 1-4     conform to Section 11.04, Chapter 4 (S.B. 3), Acts of 71st

 1-5     Legislature, 1st Called Session, 1991.

 1-6           SECTION 2.  Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15,

 1-7     and 16, Article 4.08, Insurance Code, are amended to conform to

 1-8     Section 11.04, Chapter 4 (S.B. 3), Acts of the 71st Legislature,

 1-9     Regular Session, 1995, and to Chapter 992 (S.B. 20), Acts of the

1-10     74th Legislature, Regular Session to read as follows:

1-11           Sec. 4.  Every such life insurance company shall on or before

1-12     the first day of November of each year make a report in writing to

1-13     the State Comptroller [Treasurer of Texas] of all unclaimed funds,

1-14     as hereinbefore defined, held and owing by it on the 30th day of

1-15     June next preceding, provided, however, such report shall not be

1-16     required to include amounts which have been paid to another state

1-17     or jurisdiction under any escheat or unclaimed funds law thereof.

1-18     Such report shall be signed and sworn to by an officer of such

1-19     company and shall set forth:  (1) in alphabetical order the full

1-20     name of the insured or annuitant, the last known address according

1-21     to the company's records, and the policy or contract number; (2)

1-22     the amount appearing from the company's records to be due on such

1-23     policy or contract; (3) the date such unclaimed funds became

 2-1     payable (4) the name and last known address of each beneficiary or

 2-2     other person who, according to the company's records, may have an

 2-3     interest in such unclaimed funds; and (5) such other identifying

 2-4     information as the State Comptroller [Treasurer] may require;

 2-5     provided, however, that individual amounts of less than $50 may be

 2-6     reported in the aggregate without furnishing any of the information

 2-7     required in Clauses (1), (2), (3), (4) and (5) of this Section.

 2-8     Each life insurance company required to file a report under this

 2-9     Section shall maintain a record of the name and last known address,

2-10     if any, of the insured, annuitant, or beneficiary, the policy or

2-11     contract number, and the amount appearing from the company's

2-12     records to be due on the policy or contract for 10 years after the

2-13     funds are reportable, whether or not the amount was reported in the

2-14     aggregate under this Section.  The State Comptroller [Treasurer]

2-15     may provide by rule for a shorter holding period for these records.

2-16           Sec. 5.  (a)  In the calendar year following the submission

2-17     of the reports required under Section 4 of this Article and the

2-18     payment to the State Comptroller [Treasurer] under Section 65 of

2-19     this Article of all unclaimed funds described in the report, the

2-20     State Comptroller [Treasurer] may cause to be published notices

2-21     based on the information contained in such reports.  Except as

2-22     provided by Subsection (d) of this Section, such a notice shall be

2-23     published once in a newspaper published or having a general

2-24     circulation in each county of this state in which is located the

2-25     last known address of a person appearing to be entitled to such

 3-1     funds.

 3-2           (b)  Each such notice shall set forth in alphabetical order

 3-3     the names of the insureds or annuitants under policies or contracts

 3-4     and the city of last known address, if any.  The notice shall also

 3-5     state that such unclaimed funds have been delivered to the State

 3-6     Comptroller [Treasurer] on the preceding November 1 and that those

 3-7     funds may be claimed from the State Comptroller [Treasurer].

 3-8           (c)  The publication requirements of chapter 74, Property

 3-9     Code apply to this Article [It shall not be obligatory upon the

3-10     State Treasurer to publish any item of less than Fifty Dollars

3-11     ($50) in such notice, unless the State Treasurer deems such

3-12     publication to be in the public interest.  Expenses incurred for

3-13     the publication of notice may be charged against the funds

3-14     delivered to the State Treasurer under Section 6 of this Article].

3-15           (d)  The State Comptroller [Treasurer] may use a method of

3-16     publishing notice that is different from that prescribed by

3-17     Subsection (a) of this Section if the State Comptroller [Treasurer]

3-18     determines that the different method would be as likely as the

3-19     prescribed method to give actual notice to the person required to

3-20     be named in the notice.

3-21           Sec. 6.  All unclaimed funds contained in the report required

3-22     to be filed by Section 4 of this Article shall be delivered to the

3-23     State Comptroller [Treasurer] on or before November 1 with the

3-24     report.

3-25           Sec. 7.  Upon the payment of such unclaimed funds to the

 4-1     State Comptroller [Treasurer] the state shall assume, for the

 4-2     benefit of those entitled to receive the same and for the safety of

 4-3     the money so paid, the custody of such unclaimed funds, and the

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

 4-5     thereafter be relieved of and held harmless by the state from any

 4-6     and all liability for any claim or claims which exist at such time

 4-7     with reference to such unclaimed funds or which thereafter may be

 4-8     made or may come into existence on account of or in respect to any

 4-9     such unclaimed funds.

4-10           Sec. 8.  (a)  Any life insurance company which in good faith

4-11     has paid monies to the State Comptroller [Treasurer] pursuant to

4-12     this Article is relieved of all liability for a claim that exists

4-13     at the time of delivery, that arises after delivery to the State

4-14     Comptroller [Treasurer], or that is made with respect to the

4-15     property, to the extent of the value of the property delivered.

4-16           (b)  If a life insurance company in good faith delivers

4-17     property to the State Comptroller [Treasurer] and after delivery a

4-18     person claims the property from the life insurance company or

4-19     another state claims the property under its laws relating to

4-20     escheat or unclaimed property, the attorney general shall, on

4-21     written notice of the claim, defend the life insurance company

4-22     against the claim.  The life insurance company shall be indemnified

4-23     from the unclaimed money received [fund established] under Chapter

4-24     74 [Section 74.601], Property Code, or any other statute requiring

4-25     the delivery of unclaimed property to the State Comptroller,

 5-1     against any liability on the claim.

 5-2           Sec. 9.  Upon receipt of any unclaimed funds from such life

 5-3     insurance companies by the State Comptroller [Treasurer], the State

 5-4     Comptroller [Treasurer] shall deposit those funds in the general

 5-5     revenue [unclaimed money] fund [established by Section 74.601,

 5-6     Property Code].  Unclaimed money [Money] received under Chapter 74,

 5-7     Property Code or any other statute requiring the delivery of

 5-8     unclaimed money to the State Comptroller [in the unclaimed money

 5-9     fund] may be appropriated by the legislature to enforce and

5-10     administer this Article.

5-11           Sec. 10.  Any person claiming to be entitled to unclaimed

5-12     funds paid to the State Comptroller [Treasurer] may file a claim at

5-13     any time with such official.  The State Comptroller [Treasurer]

5-14     shall possess full and complete authority to accept or reject any

5-15     such claim.  If he rejects such claim or fails to act thereon with

5-16     ninety days after receipt of such claim, the claimant may institute

5-17     suit therefor in a court of competent jurisdiction naming the State

5-18     Comptroller [Treasurer] as defendant.

5-19           Sec. 11.  Any claim which is accepted by the State

5-20     Comptroller [Treasurer] or ordered to be paid by him by a court of

5-21     competent jurisdiction shall be paid out of the unclaimed money

5-22     received under Chapter 74, Property Code, or any other statute

5-23     requiring the delivery of unclaimed property to the State

5-24     Comptroller [special trust fund in his custody, or in the event

5-25     such special trust fund shall be insufficient, out of the general

 6-1     funds of the state].

 6-2           Sec. 12.  The State Comptroller [Treasurer] shall keep in his

 6-3     office a public record of each payment of unclaimed funds received

 6-4     by him from any life insurance company.  Except as to amounts

 6-5     reported in the aggregate, such record shall show in alphabetical

 6-6     order the name and last known address of each insured or annuitant,

 6-7     and of each beneficiary or other person who, according to the

 6-8     company's reports, may have an interest in such unclaimed funds,

 6-9     and with respect to each policy or contract, its number, the name

6-10     of the company, and the amount due.

6-11           Sec. 14.  The enforcement provisions of Chapter 74, Property

6-12     Code, shall apply to this Article.

6-13           [(a)  A person who fails to pay or deliver property within

6-14     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), or 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.  The State Comptroller [Treasurer] may adopt rules

7-14     necessary to carry out this Article.

7-15           Sec. 16.  The State Comptroller [Treasurer] may examine the

7-16     records of a life insurance company to determine if the life

7-17     insurance company is complying with this Article.  The State

7-18     Comptroller [Treasurer] may not make public any information

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

7-20           SECTION 3.  Section 117.002, Local Government Code, is

7-21     amended to read as follows:

7-22           Section 117.002.  TRANSFER OF UNCLAIMED FUNDS TO STATE

7-23     COMPTROLLER [STATE TREASURER].  Any funds deposited under this

7-24     Chapter that are presumed abandoned under Chapter 72, 73, or 75,

7-25     Property Code, shall be reported and delivered by the county or

 8-1     district clerk to the comptroller [State Treasurer] without further

 8-2     action by any court.  The dormancy period for funds deposited under

 8-3     this chapter 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 the comptroller

 8-9     [State Treasurer] to promote the public interest in disposing of

8-10     unclaimed funds.

8-11           SECTION 4.  Section 381.004, Local Government Code, is

8-12     amended to conform to Section 11.04, Chapter 4 (S.B. 3), Acts of

8-13     the 71st Legislature, Regular Session, 1995, and to Chapter 992

8-14     (S.B. 20), Acts of the 74th Legislature, Regular Session adding

8-15     Subsection (e) to read as follows:

8-16           (e)  Unclaimed property amounts received by the comptroller

8-17     under Chapter 74, Property Code may be appropriated by the

8-18     legislature for a county to carry out a program created pursuant to

8-19     this section.  Funds appropriated shall be available upon request

8-20     each fiscal year and may not exceed an amount equal to the capital

8-21     credits received by the comptroller from an electric cooperative

8-22     corporation on behalf of the corporation's members in the county

8-23     requesting the funds less funds sufficient to pay anticipated

8-24     expenses and claims.  The state comptroller shall transfer

8-25     requested funds after deducting funds sufficient to pay anticipated

 9-1     expenses and claims.

 9-2           SECTION 5.  Section 71.101(a), Property Code, is amended to

 9-3     read as follows:

 9-4           (a)  If any person, including the attorney general, the

 9-5     comptroller [State Treasurer], or a district attorney, criminal

 9-6     district attorney, county attorney, county clerk, district clerk,

 9-7     or attorney ad litem is informed or has reason to believe that real

 9-8     or personal property is subject to escheat under this chapter, the

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

9-10     property and requesting a writ of possession for the property.

9-11           SECTION 6.  Section 71.103(c), Property Code, is amended to

9-12     read as follows:

9-13           (c)  The comptroller [State Treasurer] is an indispensable

9-14     party to any judicial or administrative proceeding concerning the

9-15     disposition and handling of property that is the subject of an

9-16     escheat proceeding and must be made a party to the proceeding by

9-17     personal service of citation.

9-18           SECTION 7.  Section 71.301(c), Property Code, is amended to

9-19     read as follows:

9-20           (c)  A copy of the petition shall be served on the

9-21     comptroller [State Treasurer], who shall represent the interests of

9-22     the state.  As the comptroller [State Treasurer] elects and with

9-23     the approval of the attorney general, the county attorney or

9-24     criminal district attorney for the county, or the district attorney

9-25     for the district shall represent the comptroller [State Treasurer].

 10-1          SECTION 8.  Section 71.304(a), Property Code, is amended to

 10-2    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 9.  Section 72.102(b) and (c), Property Code, is

 10-7    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 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 10.  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 law under this title, a [A] holder of abandoned

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

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

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

11-10    holder, or otherwise reduce the original value of the property as

11-11    of the date of the last transaction or contact [transfer, convert,

11-12    or reduce the property to the profits or assets of the holder].

11-13          SECTION 11.  The heading for Chapter 73, Property Code, is

11-14    amended to read as follows:

11-15                                CHAPTER 73.

11-16                  PROPERTY HELD BY FINANCIAL INSTITUTIONS

11-17             [INACTIVE ACCOUNTS HELD BY BANKING ORGANIZATIONS]

11-18          SECTION 12.  Section 73.001(a), (c) and (d), Property Code,

11-19    is amended to read as follows:

11-20          (a)  In this chapter:

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

11-22    in a checking, savings, or other interest-bearing account

11-23    [interest, or savings account].

11-24                (2)  "Check" includes a draft, cashier's check,

11-25    certified check, registered check and any other similar

 12-1    instruments.

 12-2                (3)  "Depositor" means a person who has an ownership

 12-3    interest in an account.

 12-4                ["Owner" means a person who has an ownership interest

 12-5    in a safe deposit box.]

 12-6                (4)  "Holder" means a depository.

 12-7                (5)  "Owner" means a person who has an ownership

 12-8    interest in a safe deposit box.

 12-9          (c)  Any property, other than an account, check or safe

12-10    deposit box, held by a depository is subject to the abandonment

12-11    provisions of Chapter 72.

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

12-13    presumed abandoned under this chapter is subject to the procedures

12-14    of Chapter 74.

12-15          SECTION 13.  Section 73.002, Property Code, is amended to

12-16    read as follows:

12-17          Sec. 73.002.  DEPOSITORY.  For the purposes of this chapter,

12-18    a depository is a bank, savings and loan association, credit union,

12-19    or other banking organization that:

12-20                (1)  receives and holds a deposit of money or the

12-21    equivalent of money in banking practice or other personal property

12-22    in this state; or

12-23                (2)  receives and holds such a deposit or other

12-24    personal property in another state for a person whose last known

12-25    residence is in this state.

 13-1          SECTION 14.  Section 73.003, Property Code is amended to read

 13-2    as follows:

 13-3          Sec. 73.003.  PRESERVATION OF INACTIVE ACCOUNT OR DEPOSIT

 13-4    BOX.  (a)  A depository shall preserve an account that is inactive

 13-5    and the contents of a deposit box that is inactive.  The depository

 13-6    may not at any time by any procedure, including the imposition of a

 13-7    service charge, transfer, convert, or reduce such an account or the

 13-8    contents of such a box to the profits or assets of the depository

 13-9    as of the date the account or safe deposit box becomes inactive.

13-10          (b)  An account is inactive if for more than one year there

13-11    has not been a debit or credit to the account because of an act by

13-12    the depositor or an agent of the depositor, other than the

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

13-14    depository.  [A safe deposit box is inactive if the rental on the

13-15    box is delinquent for more than one year].

13-16          (c)  This section does not affect the provisions of Texas

13-17    Revised Civil Statutes art. 342-8.101 et seq. (Vernon Supp. 1996)

13-18    (Texas Banking Act of 1995) [Article 6, Chapter IX, The Texas

13-19    Banking Code of 1943 (Article 342-906, Vernon's Texas Civil

13-20    Statutes)].

13-21          [(d)  For purposes of presumption of abandonment under

13-22    Section 73.101, the five-year period of inactivity for accounts

13-23    begins on the date of the last transaction or correspondence by the

13-24    depositor.  The five-year period of inactivity on a of safe deposit

13-25    box begins on the date the rental was due but not paid.]

 14-1          SECTION 15.  Section 73.004, Property Code is repealed.

 14-2          SECTION 16.  Section 73.101, Property Code is amended to read

 14-3    as follows:

 14-4          (a)  An account or safe deposit box is presumed abandoned if:

 14-5                (1)  the account or safe deposit box has been inactive

 14-6    [under Section 73.003(b)] for at least five years.  The five-year

 14-7    period of inactivity on an account begins on the date of the last

 14-8    transaction or correspondence by the depositor.  The five-year

 14-9    period of inactivity of a safe deposit box begins on the date the

14-10    rental was due but not paid;

14-11                (2)  the location of the depositor of the account or

14-12    owner of the safe deposit box is unknown to the depository; and

14-13                (3)  the amount of the account or the contents of the

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

14-15    accordance with Chapter 74.

14-16          [(b)  To satisfy the five-year period of inactivity required

14-17    by Subdivision (1) of Subsection 9(a), the account or safe deposit

14-18    box must have been inactive for a continuous period beginning not

14-19    later than June 30 of the fifth year preceding the year in which

14-20    the report is filed under Chapter 74.]

14-21          SECTION 17.  Chapter 73, Property Code, is amended by adding

14-22    Section 73.102 to read as follows:

14-23          Sec. 73.102.  CHECKS.  (a)  A check is presumed to be

14-24    abandoned on the latest of:

14-25                (1)  the third anniversary of the date on which the

 15-1    check was payable; or

 15-2                (2)  the third anniversary of the date on which the

 15-3    issuer or payor of the check last received from the payee of the

 15-4    check documented communication; and

 15-5                (3)  according to the knowledge and records of the

 15-6    issuer or payor of the check, a claim to the check has not been

 15-7    asserted or an act of ownership by the payee has not been exercised

 15-8    for three years from the later of the above.

 15-9          SECTION 18.  Section 74.101(a) and (c), Property Code are

15-10    amended to read as follows:

15-11          (a)  Each holder who on June 30 holds property that is

15-12    presumed abandoned under Chapter 72, Chapter 73, or Chapter 75 or

15-13    [under Section 5A, Chapter 512, Acts of the 54th Legislature, 1955

15-14    (]Article 548b, Vernon's Civil Texas Statutes[)] shall file a

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

15-16    comptroller may require a holder to report unclaimed property in

15-17    computer-readable or other format that is prescribed and approved

15-18    by the comptroller.  [Each report shall be filed with the State

15-19    treasurer as provided by this section and on forms prescribed the

15-20    State Treasurer.]

15-21          (c)  The property report must include:

15-22                (1)  the name, if known, and the last known address, if

15-23    any, of each person who, from the records of the holder of the

15-24    property, appears to be the owner of the property, or the name and

15-25    address, if known, of any person who is entitled to the property;

 16-1                (2)  the social security number, if known, of the

 16-2    person who appears to be the owner of the property;

 16-3                (3)  a [brief] description of the property, the

 16-4    identification number, if any, and, if appropriate, a balance of

 16-5    each account, except as provided by Subsection (d) [(e)];

 16-6                (4) [(3)]  the date that the property became payable,

 16-7    demandable, or returnable;

 16-8                (5) [(4)]  the date of the last transaction with the

 16-9    owner concerning the property; and

16-10                [(5)  any deduction made by the holder of the property

16-11    for a service, maintenance, or other charge, unless fully restored

16-12    and included in the amount reported; and]

16-13                (6)  other information that the comptroller [State

16-14    Treasurer] by rule requires to be disclosed as necessary for the

16-15    administration of this chapter.

16-16          SECTION 19.  Section 74.102, Property Code, is amended to

16-17    read as follows:

16-18          Sec. 74.102.  Verification.  (a)  The person preparing a

16-19    property report shall provide [place] with [at the end of] each

16-20    copy of the report a verification made under oath and executed by:

16-21                (1)  the individual holding the reported property;

16-22                (2)  a partner, if the holder is a partnership;

16-23                (3)  an officer, if the holder is an unincorporated

16-24    association or a private corporation; or

16-25                (4)  the chief fiscal officer, if the holder is a

 17-1    public corporation.

 17-2          (b)  The verification must include the following sentence:

 17-3    "This [The foregoing] report contains a full and complete list of

 17-4    all property held by the undersigned that, from the knowledge and

 17-5    records of the undersigned, is abandoned under the laws of the

 17-6    State of Texas."

 17-7          SECTION 20.  Section 74.103(a) and (c), Property Code, are

 17-8    amended to read as follows:

 17-9          (a)  A holder required to file a property report under

17-10    Section 74.101 shall keep a record of:

17-11                (1)  the name and last known address of each person

17-12    who, from the records of the holder of the property, appears to be

17-13    the owner of the property;

17-14                (2)  the social security number, if known, of the

17-15    person who appears to be the owner of the property;

17-16                (3)  a brief description of the property, including the

17-17    identification number, if any; and

17-18                (4) [(3)]  the balance of each account, if appropriate.

17-19          (c)  The comptroller [State Treasurer] may by rule provide

17-20    for a shorter period for keeping a record required by this section.

17-21          SECTION 21.  Section 74.104, Property Code, is amended to

17-22    read as follows:

17-23          (a)  Except as provided by Sections 74.201, 74.203, and

17-24    74.307, a property report filed with the comptroller [State

17-25    Treasurer] under Section 74.101 is confidential until the second

 18-1    anniversary of the date the report is filed.

 18-2          (b)  [Notwithstanding any other provision of law, the] The

 18-3    social security number of an owner that is provided [reported] to

 18-4    the comptroller [State Treasurer] is confidential.

 18-5          SECTION 22.  Section 74.201, Property Code is amended to read

 18-6    as follows:  (a)  Except as provided by [Subsection (b)] Section

 18-7    74.202, the comptroller [State Treasurer] may use a method or

 18-8    variety of methods, determined to give the most efficient and

 18-9    effective notification to the reported owners, in [shall publish a

18-10    notice in the newspaper of general circulation within] the calendar

18-11    year immediately following the year in which the report required by

18-12    Section 74.101 is filed.  The notice must be [published]:

18-13                (1)  in the county of the property owner's [in which

18-14    the] last known address [of a person required to be named in the

18-15    notice is located]; or

18-16                (2)  [if the address of a person listed is not set out

18-17    in the report or if it is outside the state,] in the county of the

18-18    holder's [in which the holder of the abandoned property has its]

18-19    principal place of business, registered office for service [, or

18-20    agent for service] in this state, if the property owner's last

18-21    known address is unknown.

18-22          (b)  [The State Treasurer may use a method of publishing

18-23    notice that is different from that prescribed by Subsection (a)(1)

18-24    or (2) if the State Treasurer determines that the different method

18-25    would be as likely as the prescribed method to give actual notice

 19-1    to the person required to be named in the notice.]

 19-2          [(c)]  The [published] notice must state that the reported

 19-3    property is presumed abandoned and subject to this chapter and must

 19-4    contain:

 19-5                (1)  the name and city of last known address[, if any,

 19-6    of each person listed in the property report filed under Section

 19-7    74.101, listed alphabetically by name;] of the reported owner;

 19-8                (2)  a statement that, by [addressing an] inquiry [to

 19-9    the State Treasurer], any person possessing a legal or beneficial

19-10    interest in the reported property may obtain information concerning

19-11    the amount and the description of the property; and

19-12                (3)  a statement that the owner must present proof of

19-13    the claim [to the State Treasurer] and establish their [the

19-14    owner's] right to receive the property.

19-15          (d)  The comptroller [State Treasurer] may offer for sale

19-16    space for suitable advertisements in a notice published under this

19-17    section.  [Proceeds from the sale of the advertising space shall be

19-18    used to defray the cost of publishing the notices, with the

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

19-20    unclaimed money fund.]

19-21          SECTION 23.  Section 74.202, Property Code, is amended to

19-22    read as follows:

19-23          Sec. 74.202.  NOTICE FOR ITEM WITH VALUE LESS THAN [NOT

19-24    EXCEEDING] $100 [$50].  In the notice required by Section 74.201,

19-25    the comptroller [State Treasurer] is not required to publish

 20-1    information regarding an item having a value that is less than $100

 20-2    [$50] unless the comptroller [State Treasurer] determines that

 20-3    publication of that information is in the public interest.

 20-4          SECTION 24.  Section 74.203, Property Code is amended to read

 20-5    as follows:

 20-6          Sec. 74.203.  Notice to Owner.  [(a)]  During the calendar

 20-7    year immediately following the year in which the report required by

 20-8    Section 74.101 is filed, notice [the State Treasurer] may be mailed

 20-9    [mail a notice] to each person who has been reported with a Texas

20-10    address and appears to be entitled to the reported property [valued

20-11    at $50 or more].  The notice requirement will be in accordance with

20-12    Section 74.201(b).

20-13          [(b)  The notice must contain:]

20-14                [(1)  a statement that property is being held by the

20-15    State Treasurer to which the addressee appears to be entitled; and]

20-16                [(2)  a statement that the owner may present proof of

20-17    the claim to the State Treasurer and establish the owner's right to

20-18    receive the property].

20-19          SECTION 25.  Section 74.204, Property Code is repealed.

20-20          SECTION 26.  Section 74.205, Property Code, is amended to

20-21    read as follows:

20-22          Sec. 74.205.  Charge for Notice.  The comptroller [State

20-23    Treasurer] may charge the following against the property delivered

20-24    under this chapter:

20-25                (1)  expenses incurred for the publication of notice

 21-1    required by Section 74.201; and

 21-2                (2)  the amount paid in postage for the notice to owner

 21-3    required by Section 74.203.

 21-4          SECTION 27.  Section 74.301, Property Code, is amended to

 21-5    read as follows:

 21-6          Section. 74.301.  DELIVERY OF PROPERTY TO THE COMPTROLLER

 21-7    [STATE TREASURER]  (a)  Each holder who on June 30 holds property

 21-8    that is presumed abandoned under Chapter 72, Chapter 73, or Chapter

 21-9    75 shall deliver the property to the comptroller [State Treasurer]

21-10    on or before the following November 1 accompanied by the report

21-11    required to be filed under Section 74.101.

21-12          (b)  If the property subject to delivery under Subsection (a)

21-13    is stock or some other intangible ownership interest in a business

21-14    association for which there is no evidence of ownership, the holder

21-15    shall issue a duplicate certificate or other evidence of ownership

21-16    to the comptroller [State Treasurer] at the time delivery is

21-17    required under this section.

21-18          SECTION 28.  Section 74.3011(c), (e), and (g), Property Code,

21-19    are amended to read as follows:

21-20          (c)  A local telephone exchange company shall file with the

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

21-22    under this section that complies with Section 74.302.

21-23          (e)  The comptroller [state treasurer] shall prescribe forms

21-24    and procedures governing this section, including forms and

21-25    procedures relating to:

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

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

 22-3    and

 22-4                (3)  filing of a claim.

 22-5          (g)  During a state fiscal year, the total amount of money

 22-6    that may be transferred by all local telephone exchange companies

 22-7    under this section may not exceed $400,000.  The comptroller [state

 22-8    treasurer] shall keep a record of the total amount of money

 22-9    transferred annually.  When the total amount of money transferred

22-10    during a state fiscal year equals the amount allowed by this

22-11    subsection, the comptroller [treasury] shall notify each local

22-12    telephone exchange company that the company may not transfer any

22-13    additional money to the company's scholarship fund during the

22-14    remainder of that state fiscal year.

22-15          SECTION 29.  Section 74.3012(a), (e) and (g), Property Code,

22-16    are amended to read as follows:

22-17          (a)  Notwithstanding and in addition to any other provision

22-18    of this chapter or other law, a local exchange company may deliver

22-19    reported money to a scholarship fund for urban students instead of

22-20    delivering the money to the comptroller [state treasurer] as

22-21    prescribed by Section 74.301.

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

22-23    and procedures governing this section, including forms and

22-24    procedures relating to:

22-25                (1)  notice of presumed abandoned property;

 23-1                (2)  delivery of reported money to a scholarship fund;

 23-2    and

 23-3                (3)  filing of a claim.

 23-4          (g)  During the 1995-1996 fiscal year, the total amount of

 23-5    money that may be transferred by all local exchange companies under

 23-6    this section may not exceed $400,000.  During each subsequent state

 23-7    fiscal year, the total amount of money that may be transferred by

 23-8    all local exchange companies under this section may not exceed the

 23-9    total amount of money transferred to rural scholarship funds under

23-10    Section 74.3011 during the previous state fiscal year.  The

23-11    comptroller [state treasury] shall keep a record of the total

23-12    amount of money transferred annually.  If the total amount of money

23-13    transferred during a state fiscal year equals the amount allowed by

23-14    this subsection, the comptroller [treasury] shall notify each local

23-15    exchange company that the company may not transfer any additional

23-16    money to the company's scholarship fund during the remainder of

23-17    that state fiscal year.

23-18          SECTION 30.  Section 74.304, Property Code, is amended to

23-19    read as follows:

23-20          Sec. 74.304.  Responsibility After Delivery.  (a)  If

23-21    reported property is delivered to the comptroller [State

23-22    Treasurer], the state shall assume custody of the property and

23-23    responsibility for its safekeeping.

23-24          (b)  A holder who delivers property to the comptroller [State

23-25    Treasurer] in good faith is relieved of all liability to the extent

 24-1    of the value of the property delivered for any claim then existing,

 24-2    that may arise after delivery to the comptroller [State Treasurer],

 24-3    or that may be made with respect to the property.

 24-4          (c)  If the holder delivers property to the comptroller

 24-5    [State Treasurer] in good faith and, after delivery, a person

 24-6    claims the property from the holder or another state claims the

 24-7    property under its laws relating to escheat or unclaimed property,

 24-8    the attorney general shall, on written notice of the claim, defend

 24-9    the holder against the claim, and the holder shall be indemnified

24-10    from the unclaimed money received under Chapter 74, Property Code

24-11    or any other statute requiring delivery of unclaimed property to

24-12    the comptroller [fund established in Section 74.601] against any

24-13    liability on the claim.

24-14          (d)  The comptroller [State Treasurer] is not, in the absence

24-15    of negligence or mishandling of the property, liable to the person

24-16    who claims the property for damages incurred while the property or

24-17    the proceeds from the sale of the property are in the comptroller's

24-18    [treasurer's] possession.  But in any event the liability of the

24-19    state is limited to the extent of the property delivered under this

24-20    chapter and remaining in the possession of the comptroller [State

24-21    Treasurer] at the time a suit is filed.

24-22          (e)  For the purposes of this section, payment or delivery is

24-23    made in good faith if:

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

24-25    attempt to comply with this chapter;

 25-1                (2)  the holder [person] delivering the property was

 25-2    not a fiduciary then in breach of trust with respect to the

 25-3    property and had a reasonable basis for believing based on the

 25-4    facts then known to the holder [person] that the property was

 25-5    abandoned or inactive for purposes of this chapter; and

 25-6                (3)  there is no showing that the records under which

 25-7    the delivery was made did not meet reasonable commercial standards

 25-8    of practice in the industry.

 25-9          (f)  On delivery of a duplicate certificate or other evidence

25-10    of ownership to the comptroller [State Treasurer] under Subsection

25-11    (b) of Section 74.301, the holder and any transfer agent,

25-12    registrar, or other person acting for or on behalf of a holder in

25-13    executing or delivering the duplicate certificate are relieved of

25-14    all liability of every kind in accordance with this section to any

25-15    person, including any person acquiring the original certificate or

25-16    the duplicate of the certificate issued to the comptroller [State

25-17    Treasurer], for any losses or damages resulting to any person by

25-18    the issuance and delivery to the comptroller [State Treasurer] of

25-19    the duplicate certificate.

25-20          SECTION 31.  Section 74.305, Property Code is repealed.

25-21          SECTION 32.  Section 74.306, Property Code, is amended to

25-22    read as follows:

25-23          Sec. 74.306.  Unclaimed Property Held by Federal Government.

25-24    (a)  If the federal government enacts a law that provides for the

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

 26-1    that provides or makes that information available to the states,

 26-2    the comptroller [State Treasurer] may pay to the federal government

 26-3    from the unclaimed money received under chapter 74, Property Code

 26-4    or any other statute requiring the delivery of unclaimed property

 26-5    to the comptroller [fund] the proportional share of the necessary

 26-6    cost of examining records.

 26-7          (b)  If the federal government delivers unclaimed property to

 26-8    the comptroller [State Treasurer], this state shall hold the

 26-9    federal government harmless from claims made by owners of the

26-10    property after the delivery.

26-11          SECTION 33.  Section 74.307, Property Code, is amended to

26-12    read as follows:

26-13          Sec. 74.307.  List of Owners.  (a)  The comptroller [State

26-14    Treasurer] shall compile and revise each year, except as to amounts

26-15    reported in the aggregate, a [an alphabetical] list of the names

26-16    and last known addresses of the owners listed in the reports and

26-17    the amount credited to each account.

26-18          (b)  The comptroller [State Treasurer] shall make the list

26-19    available for public inspection during all reasonable business

26-20    hours.

26-21          SECTION 34.  Section 74.308, Property Code, is amended to

26-22    read as follows:

26-23          Sec. 74.308.  Period of Limitation Not a Bar.  The

26-24    expiration, on or after September 1, 1987, of any period specified

26-25    by contract, statute, or court order, during which an action or

 27-1    proceeding may be initiated or enforced to obtain payment of a

 27-2    claim for money or recovery of property, does not prevent the money

 27-3    or property from being presumed abandoned property and does not

 27-4    affect any duty to file a report required by this chapter or to pay

 27-5    or deliver abandoned property to the comptroller [State Treasurer].

 27-6          SECTION 27.  Section 74.401, Property Code, is amended to

 27-7    read as follows:

 27-8          Sec. 74.401.  Sale of Property.  (a)  Except as provided by

 27-9    Subsection (c), the comptroller [State Treasurer] shall sell at

27-10    public sale all personal property, other than money and marketable

27-11    securities, delivered to the comptroller [State Treasurer] in

27-12    accordance with Section 74.301.  The comptroller [State Treasurer]

27-13    shall conduct the sale in the city in this state that the

27-14    comptroller [State Treasurer] determines affords the most favorable

27-15    market for the particular property.

27-16          (b)  The comptroller [State Treasurer] shall sell the

27-17    property to the highest bidder.  If the comptroller [State

27-18    Treasurer] determines that the highest bid is insufficient, the

27-19    comptroller [State Treasurer] may decline that bid and offer the

27-20    property for public or private sale.

27-21          (c)  The comptroller [State Treasurer] is not required to

27-22    offer property for sale if the property belongs to a person with an

27-23    address outside this state or the comptroller [State Treasurer]

27-24    determines that the probable cost of the sale of the property

27-25    exceeds its value.

 28-1          (d)  If after investigation the comptroller [State Treasurer]

 28-2    determines that property delivered from a safe deposit box or other

 28-3    repository has insubstantial commercial value, the comptroller

 28-4    [State Treasurer] may destroy or otherwise dispose of the property

 28-5    at any time.

 28-6          (e)  A person may not maintain any action or proceeding

 28-7    against the state, an officer of the state, or the holder of

 28-8    property because of an action taken by the comptroller [State

 28-9    Treasurer] under this section.

28-10          SECTION 35.  Section 74.402, Property Code, is amended to

28-11    read as follows:

28-12          Sec. 74.402.  Notice of Sale.  Before the 21st day preceding

28-13    the day on which a public sale is held under Section 74.401, the

28-14    comptroller [State Treasurer] shall publish notice of the sale in a

28-15    newspaper of general circulation in the county where the sale is to

28-16    be held.

28-17          SECTION 36.  Section 74.403(b), Property Code, is amended to

28-18    read as follows:

28-19          (b)  The comptroller [State Treasurer] shall execute all

28-20    documents necessary to complete the transfer of title.

28-21          SECTION 37.  Section 74.501, Property Code, is amended to

28-22    read as follows:

28-23          Sec. 74.501.  [FILING OF] CLAIM FILED WITH THE COMPTROLLER.

28-24    (a)  A claim shall be on a form prescribed by the comptroller

28-25    [Except as provided by Subsection (b), a claim for property or

 29-1    proceeds from the sale of property delivered to the State Treasurer

 29-2    under this chapter, including claims by other states, must be filed

 29-3    with the State Treasurer].

 29-4          (b)  A claim shall be submitted according to procedures and

 29-5    containing all information required by the comptroller [If a claim

 29-6    is for inactive property that was held by a depository before being

 29-7    delivered to the State Treasurer, the claim may be filed with the

 29-8    depository under Section 74.502].

 29-9          (c)  The comptroller shall consider the validity of each

29-10    claim filed under this section [All claims to which this section

29-11    applies must be filed in accordance with procedures and on forms

29-12    prescribed by the State Treasurer].

29-13          (d)  If the comptroller determines that a claim is valid, the

29-14    comptroller or the comptroller's authorized agent shall approve the

29-15    claim.

29-16          (e)  If a claim is for money and has been approved under this

29-17    section, the comptroller shall pay the claim.

29-18          (f)  If a claim is for personal property, other than money

29-19    and has been approved under this section, the comptroller shall

29-20    deliver the property to the claimant unless the comptroller has

29-21    sold the property.  If the property has been sold under Section

29-22    74.401, the comptroller shall pay to the claimant the proceeds from

29-23    the sale.

29-24          SECTION 38.  Section 74.502, Property Code is amended to read

29-25    as follows:

 30-1          Sec. 74.502.  CLAIM FILED WITH HOLDER [DEPOSITORY].  (a)  [If

 30-2    inactive property held by a depository under Chapter 73 is

 30-3    delivered to the State Treasurer under Section 74.301, a claim may

 30-4    be filed with the depository except that any claim by another state

 30-5    must be filed with the State Treasurer.  The State Treasurer shall

 30-6    prescribe forms and procedures for filing claims with depositories.]

 30-7          [(b)]  If a claim is filed with a holder [depository] under

 30-8    this section and the holder [depository] determines in good faith

 30-9    that the claim is valid, the holder [depository] may pay the amount

30-10    of the claim.

30-11          (b)  The comptroller shall reimburse the holder for valid

30-12    claims paid under this section [If the amount paid under Subsection

30-13    (b) is $100 or less, the State Treasurer shall reimburse the

30-14    depository on receipt of a written statement subscribed and sworn

30-15    to by an officer of the depository that states:]

30-16                [(1)  the name and address of the person to whom

30-17    payment was made; and]

30-18                [(2)  that the depository believes in good faith that

30-19    the claim is valid].

30-20          (c) [(d)]  Requests from the holder for reimbursement to

30-21    which this section applies must be filed in accordance with

30-22    procedures and on forms prescribed by the comptroller.  [If the

30-23    amount paid under Subsection (b) is more than $100, the State

30-24    Treasurer shall examine the claim and any supporting affidavit or

30-25    evidence of the claim.  Before the State Treasurer may reimburse a

 31-1    depository for a claim under this subsection, the claim must be

 31-2    approved and signed by the State Treasurer.]

 31-3          SECTION 39.  Section 74.503, Property Code, is repealed.

 31-4          SECTION 40.  Section 74.504, Property Code, is amended to

 31-5    read as follows:

 31-6          Sec. 74.504.  HEARING.  (a)  The comptroller [State

 31-7    Treasurer] may hold a hearing and receive evidence concerning a

 31-8    claim filed under this subchapter.

 31-9          (b)  If the comptroller [State Treasurer] considers that a

31-10    hearing is necessary to determine the validity of a claim, the

31-11    comptroller [State Treasurer] shall sign the statement of the

31-12    findings and the decision on the claim.  The statement shall report

31-13    the substance of the evidence heard and the reasons for the

31-14    decision.  The statement is a public record.

31-15          (c)  If the comptroller [State Treasurer] determines that a

31-16    claim is valid, the comptroller [State Treasurer] shall approve and

31-17    sign the claim.

31-18          SECTION 41.  Section 74.505, Property Code is repealed.

31-19          SECTION 42.  Section 74.506(c), Property Code, is amended to

31-20    read as follows:

31-21          (c)  An appeal under this section must be made by filing suit

31-22    against the state in a district court in Travis County, Texas[, or

31-23    in the county in which the claimed funds were deposited].  The

31-24    state's immunity from suit without consent is abolished with

31-25    respect to suits brought under this section.

 32-1          SECTION 43.  Section 74.507, Property Code is amended to read

 32-2    as follows:

 32-3          Sec. 74.507.  Fee for Recovery.  (a)  A person who informs a

 32-4    potential claimant that the claimant may be entitled to claim

 32-5    property that is reportable to the comptroller [State Treasurer]

 32-6    under this chapter, that has been reported to the comptroller

 32-7    [State Treasurer], or that is in the possession of the comptroller

 32-8    [State Treasurer], may not contract for or receive from the

 32-9    claimant for services an amount that exceeds ten percent of the

32-10    value of the property recovered.  If the property involved is

32-11    mineral proceeds, the amount for services may not include a portion

32-12    of the underlying minerals or any production payment, overriding

32-13    royalty, or similar payment.

32-14          (b)  A person or entity who informs a potential claimant and

32-15    by contract or other written agreement is to receive a percentage

32-16    of the value of the property, shall not file or receive any forms

32-17    to claim or act on behalf of a claimant.

32-18          SECTION 44.  Section 74.508, Property Code, is amended to

32-19    read as follows:

32-20          Sec. 74.508.  Claim of Another State to Recover Property;

32-21    Procedure.  (a)  At any time after property has been paid or

32-22    delivered to the comptroller [State Treasurer] under this Act,

32-23    another state may recover the property if:

32-24                (1)  the property was subjected to custody by this

32-25    state because the records of the holder did not reflect the last

 33-1    known address of the apparent owner when the property was presumed

 33-2    abandoned under this Act, and the other state establishes that the

 33-3    last known address of the apparent owner or other person entitled

 33-4    to the property was in that state and under the laws of that state

 33-5    the property escheated to or was subject to a claim of abandonment

 33-6    by that state;

 33-7                (2)  the last known address of the apparent owner or

 33-8    other person entitled to the property, as reflected by the records

 33-9    of the holder are in the other state and under the laws of that

33-10    state the property has escheated to or become subject to a claim of

33-11    abandonment by that state;

33-12                (3)  the records of the holder were erroneous in that

33-13    they did not accurately reflect the actual owner of the property

33-14    and the last known address of the actual owner is in the other

33-15    state and under the laws of that state the property escheated to or

33-16    was subject to a claim of abandonment by that state;

33-17                (4)  the property was subjected to custody by this

33-18    state under Subdivision (6) of Subsection (a) of Section 72.001 and

33-19    under the laws of the state of domicile of the holder the property

33-20    has escheated to or become subject to a claim of abandonment by

33-21    that state; or

33-22                (5)  the property is the sum payable on a traveler's

33-23    check, money order, or other similar instrument that was subjected

33-24    to custody by this state under Subdivision (4) and the instrument

33-25    was purchased in the other state and under the laws of that state

 34-1    the property escheated to or became subject to a claim of

 34-2    abandonment by that state.

 34-3          (b)  The claim of another state to recover escheated or

 34-4    abandoned property must be presented in a form prescribed by the

 34-5    comptroller [State Treasurer], who shall decide the claim within 90

 34-6    days after it is presented.  The comptroller [State Treasurer]

 34-7    shall allow the claim if he determines that the other state is

 34-8    entitled to the abandoned property under Subsection (a).

 34-9          SECTION 45.  Section 74.509, Property Code is amended to read

34-10    as follows:

34-11          Sec. 74.509.  Handling Fee for Processing Unclaimed Property.

34-12    A [The State Treasurer shall charge a person claiming unclaimed

34-13    property a] handling fee may be deducted from the claim payment

34-14    amount if [ownership to the property is reinstated and] the payment

34-15    is equal to or greater than $100 [value of the property is $50 or

34-16    more].

34-17          SECTION 46.  Chapter 74, Subchapter G, Section 74.601,

34-18    Property Code, is amended to read as follows:

34-19                   SUBCHAPTER G.  UNCLAIMED MONEY [FUND]

34-20          Sec. 74.601.  UNCLAIMED MONEY [FUND].  (a)  The comptroller

34-21    [State Treasurer] shall maintain records documenting [a fund known

34-22    as the] unclaimed money received under this chapter or any other

34-23    statute requiring the delivery of unclaimed property to the

34-24    comptroller [fund].

34-25          (b)  The comptroller [State Treasurer] shall deposit to the

 35-1    credit of the general revenue fund:

 35-2                (1)  all funds, including marketable securities,

 35-3    delivered to the comptroller [State Treasurer] under this chapter

 35-4    or any other statute requiring the delivery of unclaimed property

 35-5    to the comptroller [State Treasurer];

 35-6                (2)  all proceeds from the sale of any property,

 35-7    including marketable securities, under this chapter;

 35-8                (3)  all funds that have escheated to the state under

 35-9    Chapter 71, except that funds relating to escheated real property

35-10    shall be deposited according to Section 71.202; and

35-11                (4)  any income derived from investments of unclaimed

35-12    money [the fund].

35-13          (c)  The comptroller [State Treasurer] shall keep a separate

35-14    record and accounting for delivered unclaimed property, other than

35-15    money, before its sale.

35-16          (d)  Except as provided by Subsection (e), the comptroller

35-17    [State Treasurer], shall from time to time invest the amount of [in

35-18    the] unclaimed money [fund] in investments approved by law for the

35-19    investment of state funds.

35-20          (e)  The comptroller [State Treasurer] may from time to time

35-21    sell securities [in the fund,] including stocks, bonds, and mutual

35-22    funds received under this chapter or any other statute requiring

35-23    the delivery of unclaimed property to the comptroller, and use the

35-24    proceeds to buy, exchange, invest, or reinvest in marketable

35-25    securities.  When making and selling the investments, the

 36-1    comptroller [State Treasurer] shall exercise the judgment and care

 36-2    of a prudent person.

 36-3          (f)  The comptroller [State Treasurer] shall keep a separate

 36-4    record and accounting for securities delivered, sold, purchased, or

 36-5    exchanged and the proceeds and earnings from the securities.

 36-6          SECTION 47.  Section 74.602, Property Code, is amended to

 36-7    read as follows:

 36-8          Sec. 74.602.  USE OF FUND [FUNDS.  (a)].  Except as provided

 36-9    by Section 381.004, Local Government Code [Subsection (b)], the

36-10    comptroller [State Treasurer] shall use the unclaimed money

36-11    received under this chapter or any other statute requiring the

36-12    delivery of unclaimed property to the comptroller [fund] to pay the

36-13    claims of persons or states establishing ownership of property in

36-14    the possession of the comptroller [State Treasurer] under this

36-15    chapter or under any other unclaimed property or escheat statute.

36-16          [(b)  Each fiscal year after deducting funds sufficient to

36-17    pay anticipated expenses and claims of the unclaimed money fund,

36-18    the state treasurer shall transfer:]

36-19                [(1)  half of the balance of the unclaimed money fund

36-20    to the foundation school fund;]

36-21                [(2)  $1.2 million to the state ethics fund;]

36-22                [(3)  to each county of the state that requests, an

36-23    amount equal to any capital credits in the fund, less anticipated

36-24    claims, that were delivered under this chapter to the state

36-25    treasurer by an electric cooperative corporation on behalf of the

 37-1    corporation's members in that county, with the money to be used

 37-2    only to carry out a program under Section 381.004, Local Government

 37-3    Code; and]

 37-4                [(4)  the remainder to the General Revenue Fund.]

 37-5          [(c)  The State Treasurer and the attorney general may use

 37-6    the unclaimed money fund generally for the enforcement and

 37-7    administration of this title, including the expenses of sale,

 37-8    forms, notices, examinations, travel, court costs, supplies,

 37-9    equipment, employment of necessary personnel, and any other

37-10    necessary expenses.]

37-11          SECTION 48.  Section 74.603, Property Code, is amended to

37-12    read as follows:

37-13          Sec. 74.603.  Audit; Appropriation.  The unclaimed money

37-14    received under this chapter or any other statute requiring the

37-15    delivery of unclaimed property to the comptroller [fund] is subject

37-16    to audit by the state auditor [State Auditor] and to appropriations

37-17    by the legislature for enforcing and administering this title.

37-18          SECTION 49.  Section 74.701, Property Code, is amended to

37-19    read as follows:

37-20          Sec. 74.701.  RULES.  The comptroller [State Treasurer] may

37-21    adopt rules necessary to carry out this title.

37-22          SECTION 50.  Section 74.702, Property Code, is amended to

37-23    read as follows:

37-24          Sec. 74.702.  Examination of Records.   (a)  To enforce this

37-25    chapter and to determine whether reports have been made as required

 38-1    by this chapter, the comptroller [State Treasurer], the attorney

 38-2    general, or an authorized agent of either, at any reasonable time,

 38-3    may examine the books and records of the holder.

 38-4          (b)  The comptroller [State Treasurer], the attorney general,

 38-5    or an agent of either may not make public any information obtained

 38-6    by an examination made under this section and may not disclose that

 38-7    information except in the course of a judicial proceeding,

 38-8    authorized by this chapter, in which the state is a party or

 38-9    pursuant to an agreement with another state allowing joint audits

38-10    or the exchange of information obtained under this section.

38-11          SECTION 51.  Section 74.703(a), Property Code, is amended to

38-12    read as follows:

38-13          (a)  The comptroller [State Treasurer] and the attorney

38-14    general may employ, in the office of either official, additional

38-15    personnel necessary to enforce this title.

38-16          SECTION 52.  Section 74.704, Property Code, is amended to

38-17    read as follows:

38-18          Sec. 74.704.  Assistance in Enforcement.  If the comptroller

38-19    [State Treasurer] or the attorney general requests, the State

38-20    Auditor, comptroller, banking commissioner, securities

38-21    commissioner, insurance commissioner, savings and loan

38-22    commissioner, Credit Union Commission, Department of Public Safety,

38-23    or any district or county attorney shall assist the comptroller

38-24    [State Treasurer] or attorney general in enforcing this title.

38-25          SECTION 53.  Section 74.705, Property Code, are amended to

 39-1    read as follows:

 39-2          Sec. 74.705.  INTEREST [, ATTORNEY'S FEES, AND PENALTIES].

 39-3    [(a)]  A holder [person] who fails to pay or deliver property

 39-4    within the time prescribed by this chapter shall pay to the

 39-5    comptroller [State Treasurer] interest, at an annual rate of ten

 39-6    percent [the judgment rate of interest as published by the consumer

 39-7    credit commissioner in the Texas Register], on the property [or

 39-8    value of the property] from the date the property should have been

 39-9    paid or delivered until the date the property is actually paid or

39-10    delivered.

39-11          [(b)  If the State Treasurer presents a claim for unclaimed

39-12    property to a person who fails timely to pay or deliver the

39-13    property and the just amount of unclaimed property owed has not

39-14    been tendered before the 31st day after the date the claim is

39-15    presented, the State Treasurer may, on approval of a court of

39-16    competent jurisdiction in Travis County, recover reasonable

39-17    attorney's fees from the person in addition to unclaimed property

39-18    and interest due.]

39-19          [(c)  A person commits an offense if the person:]

39-20                [(1)  wilfully fails to file a report required by this

39-21    chapter;]

39-22                [(2)  refuses to permit examination of records in

39-23    accordance with this chapter;]

39-24                [(3)  makes a deduction from or a service charge

39-25    against a dormant account or dormant deposit of funds; or]

 40-1                [(4)  violates any other provision of this title.]

 40-2          [(d)  An offense under this section is punishable by:]

 40-3                [(1)  a fine of not less than $500 nor more than

 40-4    $1,000;]

 40-5                [(2)  confinement in jail for a term not to exceed six

 40-6    months; or]

 40-7                [(3)  both the fine and confinement.]

 40-8          [(e)  In addition to a criminal penalty, a person who commits

 40-9    an offense under Subsection (c) is subject to a civil penalty not

40-10    to exceed $100 for each day of the violation.  The attorney general

40-11    shall collect the civil penalty by bringing suit on behalf of the

40-12    state in a district court in Travis County, Texas.]

40-13          SECTION 54.  Chapter 74, Property Code is amended by adding

40-14    Section 74.706 to read as follows:

40-15          Sec. 74.706.  PENALTY ON DELINQUENT PROPERTY.  A penalty of

40-16    five percent of the property due shall be imposed on a holder who

40-17    fails to pay or deliver property within the time prescribed by this

40-18    chapter, and, if a holder fails to pay or deliver property within

40-19    30 days after the day on which the property is due, an additional

40-20    five percent penalty shall be imposed.

40-21          SECTION 55.  Chapter 74, Property Code is amended by adding

40-22    Section 74.707 to read as follows:

40-23          Sec. 74.707.  SETTLEMENT OF PENALTY AND INTEREST.  The

40-24    comptroller may settle a claim for a penalty and interest imposed

40-25    on delinquent property if the comptroller determines that holder

 41-1    has made a good faith effort to comply with Chapter 72 through 75

 41-2    of this title.

 41-3          SECTION 56.  Chapter 74, Property Code is amended by adding

 41-4    Section 74.708 to read as follows:

 41-5          Sec. 74.708.  HOLDER HOLDS PROPERTY IN TRUST.  Any holder who

 41-6    holds property presumed abandoned under Chapter 72 through 75 of

 41-7    this title, holds the amount in trust for the benefit of the state

 41-8    on behalf of the missing owners and is liable to the state for the

 41-9    full amount, plus any accrued interest and penalties on the amount

41-10    held.

41-11          SECTION 57.  Chapter 74, Property Code is amended by adding

41-12    Section 74.709 to read as follows:

41-13          Sec. 74.709.  SUIT TO COMPEL DELIVERY OF PROPERTY AND CIVIL

41-14    PENALTIES.  (a)  If a holder fails to pay or deliver property

41-15    and/or fails to file a property report in accordance with this

41-16    chapter, the attorney general shall bring an action in the name of

41-17    the state on request of the comptroller to compel the delivery of

41-18    the property and/or to compel the filing of a property report.

41-19          (b)  Venue for a suit brought under this section is in

41-20    district court in Travis County, Texas.

41-21          (c)  The fact that a suit seeks enforcement of this section

41-22    from more than one holder is not grounds for an objection

41-23    concerning misjoinder of parties or causes of action.

41-24          (d)  When introduced into evidence the verified property

41-25    report, unless rebutted, is sufficient evidence that the property

 42-1    is abandoned and subject to delivery under this chapter for entry

 42-2    of a judgment transferring custody of the property to the

 42-3    comptroller.

 42-4          (e)  The attorney general on behalf of the comptroller may

 42-5    recover reasonable attorney's fees from the holder in addition to

 42-6    any unclaimed property accrued and penalties interest that may be

 42-7    due.

 42-8          (f)  In addition to penalties and interest assessed on

 42-9    delinquent property, a holder who fails to pay or deliver property

42-10    or who fails to file a property report within the time prescribed

42-11    by this chapter is subject to a civil penalty not to exceed $100

42-12    for each day of violation.

42-13          SECTION 58.  Chapter 74, Property Code is amended by adding

42-14    Section 74.710 to read as follows:

42-15          Sec. 74.710.  CRIMINAL VIOLATION.  (a)  A holder commits an

42-16    offense if the holder knowingly:

42-17                (1)  fails to file a report as required by this

42-18    chapter;

42-19                (2)  fails to pay or deliver property as required by

42-20    this chapter;

42-21                (3)  refuses to permit examination of records in

42-22    accordance with this chapter;

42-23                (4)  violates any other provision of this chapter.

42-24          (b)  An offense under this section is punishable as a Class B

42-25    misdemeanor.

 43-1          SECTION 59.  Chapter 74, Property Code is amended by adding

 43-2    Section 74.711 to read as follows:

 43-3          Sec. 74.711.  ABATEMENT OF PENALTIES AND INTEREST.  The

 43-4    comptroller may provide for periods of time during which holders of

 43-5    delinquent unclaimed property may report and remit unclaimed

 43-6    property without paying penalties or interest.

 43-7          SECTION 60.  Chapter 75, Subchapter A, Property Code is

 43-8    amended by adding Section 75.002 to read as follows:

 43-9          Sec. 75.002.  TRANSFER AND PURCHASE OF MINERAL INTEREST ON

43-10    MINERAL PROCEEDS.  Any person, business or entity purchasing

43-11    mineral proceeds of an owner whose name has been reported or is

43-12    reportable to the comptroller, must provide documentation required

43-13    by the comptroller to substantiate the transfer is executed by the

43-14    reported owner or their legal agent.

43-15          SECTION 61.  Section 91.403(c), Natural Resources Code, is

43-16    amended to read as follows:

43-17          (c)  The payor's obligation to pay interest and the payee's

43-18    right to receive interest under Subsection (a) of this section

43-19    terminate on delivery of the proceeds and accumulated interest to

43-20    the comptroller [State Treasurer] as provided by Title 6, Property

43-21    Code.

43-22          SECTION 62.  This Act takes effect September 1, 1997.

43-23          SECTION 63.  The importance of this legislation and the

43-24    crowded condition of the calendars in both houses create an

43-25    emergency and an imperative public necessity that the

 44-1    constitutional rule requiring bills to be read on three several

 44-2    days in each house be suspended, and this rule is hereby suspended.