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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 and payment by the Texas Department of Criminal |
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Justice of certain amounts owed by an inmate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 493, Government Code, is amended by |
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adding Section 493.035 to read as follows: |
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Sec. 493.035. UNCLAIMED PROPERTY CLAIMS FILED ON BEHALF OF |
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CRIME VICTIMS. (a) The department shall file a claim for unclaimed |
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property under Section 74.501, Property Code, on behalf of a victim |
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of a criminal offense if the reported owner of the unclaimed |
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property: |
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(1) was finally convicted of the criminal offense in |
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this state; and |
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(2) based on the final conviction: |
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(A) was ordered to pay criminal restitution to |
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the victim; and |
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(B) on the date the claim is submitted, is |
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confined in a facility operated by or under contract with the |
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department. |
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(b) The department shall quarterly send to the comptroller a |
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data set regarding confined inmates to initiate the filing and |
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facilitate the approval of the claims submitted under Subsection |
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(a). |
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(c) The department must file a claim under this section only |
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if the department has: |
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(1) received notification from a court under Section |
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501.014(e); and |
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(2) confirmed with the county the amount of |
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outstanding restitution owed before filing the claim if the |
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department finds the confirmation to be necessary. |
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(d) The department may adopt rules necessary to administer |
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this section. |
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SECTION 2. Section 501.014, Government Code, is amended by |
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amending Subsection (e) and adding Subsection (e-1) to read as |
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follows: |
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(e) On notification by a court, the department shall |
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withdraw from an inmate's account any amount the inmate is ordered |
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to pay by order of the court under this subsection. On receipt of a |
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valid court order requiring an inmate to pay child support, the |
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department shall withdraw the appropriate amount from the inmate's |
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account under this subsection, regardless of whether the court |
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order is provided by the court or another person. The department |
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shall make a payment under this subsection [as ordered by the court] |
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to either the court or the party specified in the court order. The |
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department is not liable for withdrawing or failing to withdraw |
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money or making payments or failing to make payments under this |
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subsection. The department shall make withdrawals and payments from |
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an inmate's account under this subsection according to the |
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following schedule of priorities: |
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(1) as payment in full for all orders for child |
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support; |
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(2) as payment in full for all orders for restitution; |
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(3) as payment in full for all orders for |
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reimbursement of the Health and Human Services Commission for |
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financial assistance provided for the child's health needs under |
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Chapter 31, Human Resources Code, to a child of the inmate; |
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(4) as payment in full for all orders for court fees |
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and costs; |
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(5) as payment in full for all orders for fines; and |
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(6) as payment in full for any other court order, |
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judgment, or writ. |
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(e-1) Notification from a court under Subsection (e) of an |
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order for restitution must specify the amount of restitution owed |
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on the date of notification. |
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SECTION 3. 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 Subsection (d)(7), [or] (f), or |
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(g) or Section 551.051, Estates Code, the comptroller may not pay to |
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the following persons a 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; |
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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; or |
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(3) a person attempting to make a claim on behalf of a |
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corporation that was previously forfeited, dissolved, or |
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terminated, if the comptroller finds that: |
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(A) the corporation was revived for the purpose |
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of making a claim under this section; and |
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(B) the person submitting the claim was not an |
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authorized representative of the corporation at the time of the |
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corporation's forfeiture, dissolution, or termination. |
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(g) The comptroller may approve a claim for unclaimed |
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property that complies with Section 493.035, Government Code. |
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SECTION 4. Article 42.037, Code of Criminal Procedure, is |
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amended by adding Subsection (x) to read as follows: |
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(x) A county shall accept a restitution payment received |
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from the Texas Department of Criminal Justice under Section |
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493.035, Government Code, and forward the payment to the victim or |
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other person eligible for restitution under this article, including |
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the compensation to victims of crime fund. The county shall return |
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to the department any amount in excess of the balance owed to the |
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victim. |
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SECTION 5. 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 6. This Act takes effect September 1, 2023. |