78(R) HB 826 - Enrolled version


                                                                                



                                                                  H.B. No. 826




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.  (a)  Except as provided by 
Subsection (b), 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.
	(b)  An employer or former employer who holds an unclaimed 
wage payment of $100 or less that is presumed to be abandoned under 
this subchapter is not required to dispose of the unclaimed wage 
payment in the manner prescribed by Chapter 74, Property Code, 
until the payment has been abandoned for three years after the date 
from which the period applicable under Section 61.101 or 61.102 is 
measured.
	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.  Section 74.301(a), Property Code, is amended to 
read as follows: 
	(a)  Except as provided by Subsection (c), each holder who on 
June 30 holds property that is presumed abandoned under Chapter 72, 
73, or 75 of this code or Subchapter G, Chapter 61, Labor Code,
shall deliver the property to the comptroller on or before the 
following November 1 accompanied by the report required to be filed 
under Section 74.101.
	SECTION 5.  This Act takes effect September 1, 2003.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 826 was passed by the House on May 2, 
2003, by a non-record vote; and that the House concurred in Senate 
amendments to H.B. No. 826 on May 29, 2003, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 826 was passed by the Senate, with 
amendments, on May 27, 2003, by a viva-voce vote.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor