79R11155 KCR-D


By:  Hartnett                                                     H.B. No. 3335



A BILL TO BE ENTITLED

AN ACT

relating to the report, delivery, and claims process concerning 
certain unclaimed property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter H, Chapter 74, Property Code, is 
amended by adding Section 74.7085 to read as follows:
	Sec. 74.7085.  HEARING.  (a)  If, after an examination of 
records under Section 74.702, the comptroller determines that a 
person holds unclaimed property that should have been delivered to 
the comptroller as provided by this chapter, the person may 
petition the comptroller for a hearing on that determination and on 
the imposition of any interest or penalty resulting from that 
determination.
	(b)  A person must file a petition for a hearing with the 
comptroller under this section not later than the 30th day after the 
date the determination is made.  If a petition for a hearing is not 
filed before the expiration of the period provided by this 
subsection, the determination is final on the expiration of that 
period.
	SECTION 2.  Subchapter A, Chapter 74, Property Code, is 
amended by adding Section 74.002 to read as follows:
	Sec. 74.002.  SINGLE BUSINESS ENTERPRISE DOCTRINE 
INAPPLICABLE.  The single business enterprise doctrine does not 
apply to this chapter.
	SECTION 3.  The change in law made by Section 74.7085, 
Property Code, as added by this Act, applies only to a determination 
by the comptroller made on or after the effective date of this Act.  
A determination by the comptroller made before the effective date 
of this Act is governed by the law in effect on the date the 
determination was made, and the former law is continued in effect 
for that purpose.
	SECTION 4.  Section 74.002, Property Code, as added by this 
Act, is intended only to clarify existing law with respect to 
Chapter 74, Property Code.
	SECTION 5.  This Act takes effect September 1, 2005.