By Isett H.B. No. 786
77R561 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring depositories to provide notice to owners
1-3 regarding accounts and safe deposit boxes that will become inactive
1-4 or will be presumed abandoned.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 73.003(b), Property Code, is amended to
1-7 read as follows:
1-8 (b) An account is inactive if for more than one year there
1-9 has not been a debit or credit to the account because of an act by
1-10 the depositor or an agent of the depositor, other than the
1-11 depository, and the depositor has not communicated with the
1-12 depository. A safe deposit box is inactive if the rental on the
1-13 box is delinquent for more than two months.
1-14 SECTION 2. Subchapter A, Chapter 73, Property Code, is
1-15 amended by adding Section 73.004 to read as follows:
1-16 Sec. 73.004. NOTICE REGARDING INACTIVE STATUS. (a) Not
1-17 later than the 30th day before the date an account or safe deposit
1-18 box becomes inactive, a depository shall provide written notice to
1-19 the depositor of the account or the owner of the safe deposit box.
1-20 (b) The notice must state:
1-21 (1) the date on which the account or safe deposit box
1-22 will become inactive; and
1-23 (2) the action required by the depositor or owner to
1-24 prevent the account or safe deposit box from becoming inactive.
2-1 (c) The depository shall send the notice to the depositor or
2-2 owner at the last known address of the depositor or owner according
2-3 to the records of the depository or any other source reasonably
2-4 available to the depository.
2-5 SECTION 3. Subchapter B, Chapter 73, Property Code, is
2-6 amended by adding Section 73.1011 to read as follows:
2-7 Sec. 73.1011. NOTICE REGARDING PRESUMPTION OF ABANDONMENT.
2-8 (a) Not later than the 30th day before the date an account or safe
2-9 deposit box is presumed abandoned under Section 73.101, a
2-10 depository shall provide written notice to the depositor of the
2-11 account or the owner of the safe deposit box.
2-12 (b) The notice must state:
2-13 (1) the date on which the account or safe deposit box
2-14 will be presumed abandoned; and
2-15 (2) the action required by the depositor or owner to
2-16 prevent the account or safe deposit box from being presumed
2-17 abandoned.
2-18 (c) The depository shall send the notice to the depositor or
2-19 owner at the last known address of the depositor or owner according
2-20 to the records of the depository or any other source reasonably
2-21 available to the depository.
2-22 SECTION 4. This Act takes effect September 1, 2001.