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A BILL TO BE ENTITLED
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AN ACT
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relating to recovery of the funds of an estate delivered to the |
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comptroller. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.003(b), Estates Code, is amended to |
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read as follows: |
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(b) Recovery of [An action to recover] the proceeds of a |
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sale under this section is governed by Subchapter B. |
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SECTION 2. Section 551.051, Estates Code, is amended to |
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read as follows: |
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Sec. 551.051. RECOVERY OF FUNDS. If funds of an estate have |
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been paid to the comptroller under this chapter, an heir or devisee |
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or an assignee of an heir or devisee may recover the share of the |
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funds to which the heir, devisee, or assignee is entitled by filing |
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a claim with the comptroller in the manner provided by Chapter 74, |
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Property Code, for property delivered to the comptroller under that |
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chapter. |
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SECTION 3. Section 74.501(e), Property Code, is amended to |
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read as follows: |
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(e) Except as provided by Subsection (f) or Section 551.051, |
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Estates Code, the comptroller may not pay to the following persons a |
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claim to 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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SECTION 4. Sections 551.052, 551.053, 551.054, and 551.055, |
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Estates Code, are repealed. |
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SECTION 5. This Act takes effect September 1, 2019. |