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A BILL TO BE ENTITLED
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AN ACT
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relating to the claim process for unclaimed property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.501, Property Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) If the comptroller or the comptroller's authorized |
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agent determines that a claim is not valid, the comptroller or the |
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comptroller's authorized agent shall deny the claim. The |
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comptroller or the comptroller's authorized agent shall mail to the |
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person aggrieved by the denial decision a notice that states that: |
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(1) the claim is denied; and |
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(2) the person may: |
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(A) before the 61st day after the day on which the |
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decision was rendered appeal the denial decision under Section |
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74.506; or |
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(B) not later than the first anniversary of the |
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date the decision was rendered: |
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(i) request a hearing under Section 74.5065 |
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for review of the denial decision; or |
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(ii) appeal the denial decision under |
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Section 74.5066. |
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SECTION 2. Section 74.506, Property Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A person who appeals a decision of a claim under this |
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section waives the right to a review hearing under Section 74.5065 |
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and an appeal under Section 74.5066. |
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SECTION 3. Subchapter F, Chapter 74, Property Code, is |
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amended by adding Sections 74.5065 and 74.5066 to read as follows: |
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Sec. 74.5065. REVIEW OF CLAIM DENIAL DECISION. (a) A |
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person aggrieved by the denial of a claim under Section 74.501 may |
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request a hearing to review the denial decision by submitting to the |
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comptroller or the comptroller's authorized agent a request in |
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writing not later than the first anniversary of the date the claim |
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was denied. |
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(b) If a request is submitted as provided by Subsection (a), |
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the comptroller or the comptroller's authorized agent shall hold a |
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hearing not later than the 30th day after the date the comptroller |
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or the comptroller's authorized agent receives the request for |
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review. |
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(c) At the hearing, the aggrieved person may present |
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relevant evidence and argument against the denial of the claim. |
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(d) Not later than the 30th day after the date of the |
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conclusion of the hearing, the comptroller or the comptroller's |
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authorized agent shall affirm or reverse the denial of the claim. |
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The comptroller or the comptroller's authorized agent shall |
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promptly notify the aggrieved person in writing of the decision |
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issued under this subsection. If the comptroller or the |
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comptroller's authorized agent fails to issue a decision within the |
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period prescribed by this subsection, the denial of the claim is |
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affirmed. |
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(e) A person aggrieved by a decision under Subsection (d) |
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may appeal the decision before the 61st day after the date on which |
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the decision was issued or the date on which the decision was |
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affirmed by operation of law if the comptroller or the |
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comptroller's authorized agent fails to issue a decision within the |
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prescribed period. Sections 74.506(c) and (d) apply to an appeal of |
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the decision under this subsection. |
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(f) A person who requests a review hearing under this |
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section waives the right to an appeal under Section 74.5066. |
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Sec. 74.5066. APPEAL TO JUSTICE COURT. (a) Subject to |
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Subsection (b), a person aggrieved by the denial of a claim under |
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Section 74.501 may appeal the denial decision by filing suit |
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against the state in justice court in the county in which the |
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claimant resides not later than the first anniversary of the date |
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the decision was rendered. The state's immunity from suit without |
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consent is abolished with respect to suits brought under this |
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section. |
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(b) An action may be filed under this section only if the |
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amount in controversy is within the limits prescribed by Section |
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27.031, Government Code. |
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(c) A justice court shall try an action filed under this |
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section de novo. |
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(d) A person who appeals a denial decision under this |
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section waives the right to a review hearing under Section 74.5065. |
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SECTION 4. The changes in law made by this Act apply only to |
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a claim filed on or after the effective date of this Act. A claim |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the claim was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |