79R21 AJA-D

By:  Riddle                                                       H.B. No. 81 



A BILL TO BE ENTITLED

AN ACT

relating to release by the comptroller of unclaimed property 
subject to a child support lien.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 74.501, Property Code, is amended by 
amending Subsection (e) and adding Subsection (f) to read as 
follows:
	(e)  Except as provided by Subsection (f), the [The] 
comptroller may not pay to the following persons a claim to which 
this section applies:
		(1)  a creditor, a judgment creditor, a lienholder, or 
an assignee of the reported owner or of the owner's heirs; or
		(2)  a person holding a power of attorney from the 
reported owner or the owner's heirs.
	(f)  If a judgment or administrative determination of child 
support arrearages has been rendered against the reported owner of 
the property, the comptroller may approve a claim submitted by a 
holder of a lien for the child support owed under the judgment or 
administrative determination or by the attorney general on behalf 
of the lienholder.  Payment under this subsection may not exceed the 
amount of arrearages owed to the lienholder under the judgment or 
administrative determination.
	SECTION 2.  The change in law made by this Act applies only 
to a claim filed under Section 74.501, Property Code, on or after 
the effective date of this Act.  A claim filed under that section 
before the effective date of this Act is governed by the law in 
effect immediately before the effective date of this Act, and that 
law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.