Texas 2015 - 84th Regular

Texas Senate Bill SB569

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to the presumption of abandonment of certain tangible personal property held by a county.

Impact

The passage of SB569 is likely to have a considerable impact on local governments' ability to manage unclaimed property. By significantly lowering the duration after which property can be presumed abandoned, counties will enable swifter resolution and potential repurposing of items found on public land. This adjustment could help alleviate storage issues for counties and allow for more efficient management of public resources, aligning with the interests of local government agencies tasked with property oversight.

Summary

SB569 aims to amend Texas law regarding the presumption of abandonment for certain tangible personal property held by counties. It establishes that personal property found on county land, including parks and facilities, is presumed abandoned after 120 days if the owner cannot be located and no claim has been made. This is a significant change from the previous three-year period applicable to other personal properties, placing a stronger emphasis on timely resolution of ownership issues related to county-held property. The bill seeks to streamline the process by which counties handle unclaimed items and potentially repurpose them for community use.

Sentiment

The sentiment surrounding SB569 appears to be largely favorable, as it promotes proactive management of public property by local authorities. Supporters argue that the new 120-day window is reasonable and supports community needs by allowing counties to reallocate abandoned items quickly. However, there is some concern about potential unintended consequences, such as property owners being unaware of the new timeframe and losing their belongings inadvertently. Overall, the discussion surrounding the bill reflects a mix of support for local governance efficiency and caution regarding due process for property owners.

Contention

While the bill is intended to simplify the process for counties, it has faced scrutiny concerning the rights of property owners. Critics argue that reducing the timeframe from three years to 120 days might disadvantage individuals who may be unaware of the locations of their property or unable to claim it within the new period. This could lead to accusations of unfairness in the treatment of personal property and calls for ensuring more robust notice systems for property owners. Balancing efficient property management with the rights of individuals remains a central point of contention.

Companion Bills

TX HB1272

Identical Relating to the presumption of abandonment of certain tangible personal property held by a county.

Previously Filed As

TX SB1439

Relating to the ad valorem taxation of tangible personal property held or used for the production of income by related business entities.

TX HB2987

Relating to the exemption of tangible personal property from ad valorem taxation; making conforming changes.

TX SB1789

Relating to the exemption of tangible personal property from ad valorem taxation; making conforming changes.

TX HB2482

Relating to the temporary exemption of certain tangible personal property related to data centers from the sales and use tax.

TX SB1143

Relating to the temporary exemption of certain tangible personal property related to data centers from the sales and use tax.

TX HB3104

Relating to the temporary exemption of certain tangible personal property related to certain connected data center projects from sales and use taxes.

TX SB5

Relating to an exemption from ad valorem taxation of a portion of the appraised value of tangible personal property that is held or used for the production of income and a franchise tax credit for the payment of certain related ad valorem taxes.

TX SB1265

Relating to the temporary exemption of certain tangible personal property related to certain connected data center projects from sales and use taxes.

TX HB2223

Relating to the temporary exemption of certain tangible personal property related to virtual currency mines from sales and use taxes.

TX HB623

Relating to an exemption from ad valorem taxation of tangible personal property consisting of animal feed held by the owner of the property for sale at retail.

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