Texas 2021 - 87th Regular

Texas House Bill HB978

Caption

Relating to authorizing the comptroller to release a reported owner's unclaimed property to the owner's crime victim in certain circumstances and payment by the Texas Department of Criminal Justice of certain amounts owed by an inmate.

Impact

The implications of HB978 extend into the procedural operations of both the Texas Department of Criminal Justice and the Office of the Comptroller. Notably, the bill establishes obligations for the department to regularly submit inmate data to facilitate the approval of such claims. Furthermore, it enacts a structured approach for withdrawing funds from inmate accounts as restitution payments, prioritizing payments that align with court-ordered restitution. This may improve the financial recovery for victims but also places administrative burdens on the institutions involved in managing these funds.

Summary

House Bill 978 (HB978) introduces a significant amendment to the Texas Government Code, which allows the Texas Department of Criminal Justice to file claims for unclaimed property on behalf of crime victims when a reported owner of that property has been convicted of a crime. Specifically, the bill mandates that any restitution ordered by the court to be paid to the victim can be addressed through unclaimed property held by the state, thus providing a new avenue for victims to recover owed restitution from convicted offenders who remain incarcerated. This approach ensures that state-held funds are utilized to provide support to victims rather than remaining unclaimed indefinitely.

Sentiment

Overall, the sentiment regarding HB978 appears to be supportive, particularly among advocates for crime victims' rights. The bill is largely seen as a meaningful step towards ensuring that victims receive the financial reparations they deserve following the conviction of offenders. However, there are some concerns about the effective implementation of the new processes it introduces. Critics may fear potential administrative challenges and the risk of errors in managing inmate accounts, which could affect timely payments to victims.

Contention

Despite the general support for the intent of HB978, important discussions have arisen regarding the feasibility of its implementation and the potential for complications in administrative execution. Legislators have expressed concern about how the department will confirm outstanding restitution obligations before filing claims and how this process may interact with existing financial duties of inmates, such as child support payments or other court-ordered financial responsibilities. These points of contention highlight the complexities inherent in balancing the needs of victims with the rights and responsibilities of incarcerated individuals.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1221

Relating to authorizing the comptroller to release a reported owner's unclaimed property to the owner's crime victim in certain circumstances and payment by the Texas Department of Criminal Justice of certain amounts owed by an inmate.

TX SB57

Relating to authorizing the comptroller to release a reported owner's unclaimed property to the owner's crime victim in certain circumstances and payment by the Texas Department of Criminal Justice of certain amounts owed by an inmate.

TX SB658

Relating to the disposition of money from certain attorney accounts delivered to the comptroller as unclaimed property.

TX HB607

Relating to the solicitation of pen pals by certain inmates of the Texas Department of Criminal Justice.

TX SB151

Relating to the possession of certain photographs and images by inmates of the Texas Department of Criminal Justice.

TX SB1996

Relating to certain personnel policies of the Texas Department of Criminal Justice and to certain related duties of the Texas Board of Criminal Justice.

TX HB1763

Relating to the disposition of money from certain attorney accounts delivered to the comptroller as unclaimed property.

TX HB2646

Relating to the payment of certain fines and court costs by an inmate during a term of imprisonment or following release from the Texas Department of Criminal Justice.

TX SB2296

Relating to the payment of certain fines and court costs by an inmate during a term of imprisonment or following release from the Texas Department of Criminal Justice.

TX HB1739

Relating to the rights of victims, guardians of victims, and close relatives of deceased victims in the criminal justice system.

Similar Bills

No similar bills found.