78R4633 PB-D
By: Davis of Dallas H.B. No. 826
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of certain unclaimed wage payments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 61, Labor Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. DISPOSITION OF UNCLAIMED WAGE PAYMENTS
Sec. 61.101. WAGE PAYMENTS MADE IN CASH. Notwithstanding
Section 72.101, Property Code, cash paid as wages is presumed
abandoned if, for longer than six months if the amount in question
is $100 or less, or for longer than three years if the amount in
question is greater than $100:
(1) the existence and location of the employee or
former employee to whom the wages are owed is unknown to the
employer liable for the payment of the wages; and
(2) according to the knowledge and records of the
employer liable for the payment of the wages, a wage claim has not
been filed under this chapter.
Sec. 61.102. WAGE PAYMENTS MADE BY CHECK. Notwithstanding
Section 73.102, Property Code, a check paid as wages is presumed to
be abandoned on the latest of:
(1) the 180th day after the date the check was payable
if the amount in question is $100 or less, or the third anniversary
of the date the check was payable if the amount in question is
greater than $100;
(2) the 180th day after the date the issuer or payor of
the check last received documented communication from the payee of
the check if the amount in question is $100 or less, or the third
anniversary of the date the issuer or payor of the check last
received documented communication from the payee of the check if
the amount in question is greater than $100; or
(3) the 180th day after the date the check was issued
if the amount in question is $100 or less and if, during that
period, according to the knowledge and records of the issuer or
payor of the check, a claim to the check has not been asserted or an
act of ownership by the payee has not been exercised, or the third
anniversary of the date the check was issued if the amount in
question is greater than $100 and if, during that period, according
to the knowledge and records of the issuer or payor of the check, a
claim to the check has not been asserted or an act of ownership by
the payee has not been exercised.
Sec. 61.103. DISPOSITION. An employer or former employer
who holds unclaimed wage payments presumed to be abandoned under
this subchapter is a "holder" for purposes of Chapter 74, Property
Code, and shall dispose of the unclaimed wage payments in the manner
prescribed by that chapter.
Sec. 61.104. NOTICE. The commission shall notify employers
of the requirements of this subchapter in the manner prescribed by
the commission by rule.
SECTION 2. Section 74.001(a), Property Code, is amended to
read as follows:
(a) Except as provided by Subsection (b), this chapter
applies to a holder of property that is presumed abandoned under:
(1) Chapter 72, Chapter 73, or Chapter 75 of this code;
or
(2) Subchapter G, Chapter 61, Labor Code.
SECTION 3. Section 74.101(a), Property Code, is amended to
read as follows:
(a) Each holder who on June 30 holds property that is
presumed abandoned under Chapter 72, 73, or 75 of this code, [or
under] Chapter 154, Finance Code, or Subchapter G, Chapter 61,
Labor Code, shall file a report of that property on or before the
following November 1. The comptroller may require the report to be
in a particular format, including a format that can be read by a
computer.
SECTION 4. This Act takes effect September 1, 2003.