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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the comptroller to release a reported |
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owner's unclaimed property to the owner's crime victim in certain |
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circumstances. |
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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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amending Subsection (e) and adding Subsection (g) to read as |
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follows: |
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(e) Except as provided by Subsections [Subsection] (f) and |
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(g), the comptroller may not pay to the following persons a claim to |
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which this section applies: |
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(1) a creditor, a judgment creditor, a lienholder, or |
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an assignee of the reported owner or of the owner's heirs; or |
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(2) a person holding a power of attorney from the |
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reported owner or the owner's heirs. |
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(g) The comptroller may approve a claim for unclaimed |
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property submitted by a claimant who was a victim of a criminal |
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offense for which the reported owner of the unclaimed property was |
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finally convicted if on the date the claim is submitted: |
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(1) the claimant is entitled to payment from the |
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reported owner under: |
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(A) a final judgment against the reported owner |
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related to that criminal offense; or |
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(B) a final order of restitution under Article |
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42.037, Code of Criminal Procedure, related to that criminal |
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offense; and |
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(2) the reported owner is incarcerated in federal |
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custody or the custody of this or any state based on any final |
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criminal conviction. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim filed under Section 74.501, Property Code, on or after |
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the effective date of this Act. A claim filed under that section |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |