2023S0057-1 01/24/23
 
  By: Leach H.B. No. 1763
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disposition of money from certain attorney accounts
  delivered to the comptroller as unclaimed property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 74, Property Code, is
  amended by adding Section 74.604 to read as follows:
         Sec. 74.604.  DISPOSITION OF MONEY DELIVERED TO COMPTROLLER
  FROM CERTAIN ATTORNEY ACCOUNTS. (a) This section applies to money
  delivered to the comptroller under Section 74.301 as:
               (1)  unclaimed or unidentified funds in a client trust
  account established by an attorney or law firm; or
               (2)  money in an abandoned IOLTA account established by
  an attorney or law firm to comply with Texas Supreme Court rules
  governing the Texas Access to Justice Program.
         (b)  Notwithstanding any other provision of this chapter or
  other law, the comptroller shall deposit money to which this
  section applies to the credit of the judicial fund. Except as
  otherwise provided by this section, money deposited to the credit
  of the judicial fund may be appropriated only to the Texas Supreme
  Court for programs approved by the supreme court that provide basic
  civil legal services.
         (c)  If the comptroller pays a claim to a person establishing
  ownership of any money that was deposited to the credit of the
  judicial fund under Subsection (b), the Texas Supreme Court shall
  reimburse the comptroller out of the judicial fund for the amount of
  the claim. The supreme court may use money deposited under
  Subsection (b) to pay the claim.
         (d)  The comptroller and the Texas Supreme Court may adopt
  rules necessary to implement this section.
         (e)  In this section, "IOLTA" means the Interest On Lawyers'
  Trust Account Program.
         SECTION 2.  (a) Section 74.604, Property Code, as added by
  this Act, applies to money described by Section 74.604(a)(1) or
  (2), Property Code, as added by this Act, that was delivered to the
  comptroller under Section 74.301, Property Code, on, before, or
  after the effective date of this Act.
         (b)  As soon as possible after the effective date of this
  Act, the comptroller shall identify money described by Subsection
  (a) of this section that was delivered to the comptroller before the
  effective date of this Act and deposit that money to the credit of
  the judicial fund in accordance with Section 74.604(b), Property
  Code, as added by this Act. The comptroller shall subtract from the
  amount the comptroller deposits to the judicial fund under this
  subsection any amounts that the comptroller has previously paid on
  claims to persons who established ownership of part of that money.
         SECTION 3.  This Act takes effect September 1, 2023.