HBA-ATS C.S.H.B. 2890 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2890
By: Bonnen
Business & Industry
4/22/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law exempts unclaimed checks with a value of $100 or less that are
held by counties and municipalities from escheat.  School districts are not
exempted.  C.S.H.B. 2890 includes a school district among the governmental
entities to which Chapter 76 (Report, Delivery, and Claims Process for
Certain Property) applies. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 76.001, Property Code, to include a school
district among the governmental entities to which Chapter 76 (Report,
Delivery, and Claims Process for Certain Property) applies. 

SECTION 2. Amends Section 76.002, Property Code, to provide that a
reference to the chief fiscal officer of a holder includes a person
performing the duties of the chief fiscal officer of a holder in a school
district, municipality, or county in which the office of chief fiscal
officer does not exist. Makes a conforming change. 

SECTION 3. Effective date: September 1, 2000. Makes application of Section
76.001, Property Code, to unclaimed property held by a holder, as amended
by this Act, prospective beginning June 30, 2000. Makes application of
Section 76.001, Property Code, as amended by this Act, prospective
beginning June 30, 1999. 

SECTION 4. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2890 adds new SECTION 2 to amend Section 76.002, Property Code, to
provide that a reference to the treasurer of a holder includes a person
performing the duties of the treasurer of a holder in a school district, as
well as in a municipality or county. The substitute also provides that a
reference to the chief fiscal officer of a holder includes a person
performing the duties of the chief fiscal officer of a holder in a school
district, municipality, or county in which the office of chief fiscal
officer does not exist. Makes a conforming change. 

SECTION 3 of the substitute, as redesignated from SECTION 2 of the
original, makes the effective date September 1, 2000, rather than 1999, and
adds new Subsections (b) and (c) making application of Section 76.001,
Property Code, to unclaimed property held by a holder, as amended by this
Act, prospective beginning June, 30, 2000; and  application of Section
76.001, Property Code, as amended by this Act, prospective beginning June
30, 1999. 

SECTION 4 (emergency clause) of the substitute is redesignated from SECTION
3 of the original.