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AN ACT
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relating to the disposition of money from certain attorney accounts |
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delivered to the comptroller as unclaimed property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.602, Property Code, is amended to |
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read as follows: |
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Sec. 74.602. USE OF MONEY. Except as provided by Section |
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381.004, Local Government Code, and Section 74.604 the comptroller |
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shall use the unclaimed money received under this chapter or any |
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other statute requiring the delivery of unclaimed property to the |
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comptroller to pay the claims of persons or states establishing |
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ownership of property in the possession of the comptroller under |
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this chapter or under any other unclaimed property or escheat |
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statute. |
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SECTION 2. Subchapter G, Chapter 74, Property Code, is |
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amended by adding Section 74.604 to read as follows: |
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Sec. 74.604. DISPOSITION OF MONEY DELIVERED TO COMPTROLLER |
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FROM CERTAIN ATTORNEY ACCOUNTS. (a) In this section, "IOLTA |
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account" means an account established as required by the Interest |
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on Lawyers' Trust Accounts Program administered by the Texas Access |
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to Justice Foundation under supreme court rule. |
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(b) Except as provided by Subsection (c), this section |
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applies to money delivered to the comptroller under Section 74.301 |
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as: |
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(1) unclaimed or unidentified money in a client trust |
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account established by an attorney or law firm; or |
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(2) money in an abandoned IOLTA account. |
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(c) This section does not apply to money paid or delivered |
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to a reported owner by the comptroller under Section 74.503. |
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(d) Notwithstanding any other law, the comptroller shall |
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deposit money to which this section applies to the credit of the |
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basic civil legal services account of the judicial fund. Except as |
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provided by Subsection (e), money deposited to the credit of the |
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basic civil legal services account under this section may be |
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appropriated only to the supreme court for use in programs approved |
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by the supreme court that provide basic civil legal services to |
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indigent persons. |
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(e) If the comptroller pays a claim for money deposited to |
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the credit of the basic civil legal services account under |
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Subsection (d), the supreme court shall reimburse the comptroller |
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from the account for the amount of the claim. The supreme court may |
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use money deposited under Subsection (d) to reimburse the |
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comptroller. |
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(f) The comptroller and the supreme court may adopt rules |
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necessary to implement this section. |
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SECTION 3. (a) The changes in law made by this Act apply to |
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money described by Section 74.604(b), Property Code, as added by |
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this Act, that was delivered to the comptroller of public accounts |
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under Section 74.301, Property Code, on, before, or after the |
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effective date of this Act. |
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(b) As soon as practicable after the effective date of this |
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Act, the comptroller of public accounts shall identify money |
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described by Subsection (a) of this section that was delivered to |
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the comptroller of public accounts before the effective date of |
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this Act and for which a claim has not been paid by the comptroller |
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and that has not otherwise been paid or delivered to a reported |
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owner by the comptroller under Subchapter F, Chapter 74, Property |
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Code, and deposit the money to the credit of the basic civil legal |
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services account in the judicial fund in accordance with Section |
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74.604(d), Property Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 658 passed the Senate on |
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April 3, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 658 passed the House on |
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May 19, 2023, by the following vote: Yeas 141, Nays 2, |
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two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |