By: Ogden, Wentworth S.B. No. 1589
A BILL TO BE ENTITLED
AN ACT
relating to the reporting and handling of unclaimed property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (c), Section 74.101, Property Code,
is amended to read as follows:
(c) The property report must include, if known by the
holder:
(1) the name, [and] social security number, driver's
license or state identification number, e-mail address [if known],
and the last known address[, if any,] of:
(A) each person who, from the records of the
holder of the property, appears to be the owner of the property;[,]
or
(B) [the name and address, if known, of] any
person who is entitled to the property;
(2) a description of the property, the identification
number, if any, and, if appropriate, a balance of each account,
except as provided by Subsection (d);
(3) the date that the property became payable,
demandable, or returnable;
(4) the date of the last transaction with the owner
concerning the property; and
(5) other information that the comptroller by rule
requires to be disclosed as necessary for the administration of
this chapter.
SECTION 2. Subchapter B, Chapter 74, Property Code, is
amended by adding Section 74.1011 to read as follows:
Sec. 74.1011. NOTICE BY PROPERTY HOLDER REQUIRED.
(a) Except as provided by Subsection (b), a holder who on June 30
holds property valued at more than $250 that is presumed abandoned
under Chapter 72, 73, or 75 of this code or Chapter 154, Finance
Code, shall, on or before the following August 1, mail to the last
known address of the known owner written notice stating that:
(1) the holder is holding the property; and
(2) the holder may be required to deliver the property
to the comptroller on or before November 1 if the property is not
claimed.
(b) The notice required under Subsection (a) does not apply
to a holder who:
(1) has already provided such notice to the owner of
the property or a person entitled to the property under existing
federal law, rules, and regulations or state law within the time
specified under Subsection (a); or
(2) does not have a record of an address for the
property owner or any other person entitled to the property.
(c) A holder that provides notice under this section may
charge the cost of the postage as a service charge against the
property.
SECTION 3. The heading to Subchapter C, Chapter 74,
Property Code, is amended to read as follows:
SUBCHAPTER C. NOTICE BY COMPTROLLER
SECTION 4. Section 74.601, Property Code, is amended by
adding Subsection (g) to read as follows:
(g) If an owner does not assert a claim for unclaimed money
and the owner is reported to be the state or a state agency, the
comptroller may deposit the unclaimed money to the credit of the
general revenue fund. The comptroller may establish procedures and
adopt rules as necessary to implement this subsection.
SECTION 5. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0111 to read as follows:
Sec. 411.0111. PROVISION OF CERTAIN INFORMATION TO
COMPTROLLER. (a) Not later than June 1 of each year, the
department shall provide to the comptroller, for the purpose of
assisting the comptroller in the identification of persons entitled
to unclaimed property reported to the comptroller, the name,
address, social security number, date of birth, and driver's
license or state identification number of each person about whom
the department has such information in its records.
(b) Information provided to the comptroller under this
section is confidential and may not be disclosed to the public.
(c) The department shall provide the information in the
format prescribed by rule of the comptroller.
SECTION 6. Subchapter A, Chapter 811, Government Code, is
amended by adding Section 811.010 to read as follows:
Sec. 811.010. PROVISION OF CERTAIN INFORMATION TO
COMPTROLLER. (a) Not later than June 1 of each year, the
retirement system shall provide to the comptroller, for the purpose
of assisting the comptroller in the identification of persons
entitled to unclaimed property reported to the comptroller, the
name, address, social security number, and date of birth of each
member, retiree, and beneficiary from the retirement system's
records.
(b) Information provided to the comptroller under this
section is confidential and may not be disclosed to the public.
(c) The retirement system shall provide the information in
the format prescribed by rule of the comptroller.
SECTION 7. Subchapter A, Chapter 821, Government Code, is
amended by adding Section 821.010 to read as follows:
Sec. 821.010. PROVISION OF CERTAIN INFORMATION TO
COMPTROLLER. (a) Not later than June 1 of each year, the
retirement system shall provide to the comptroller, for the purpose
of assisting the comptroller in the identification of persons
entitled to unclaimed property reported to the comptroller, the
name, address, social security number, and date of birth of each
member, retiree, and beneficiary from the retirement system's
records.
(b) Information provided to the comptroller under this
section is confidential and may not be disclosed to the public.
(c) The retirement system shall provide the information in
the format prescribed by rule of the comptroller.
SECTION 8. Subchapter F, Chapter 301, Labor Code, is
amended by adding Section 301.086 to read as follows:
Sec. 301.086. PROVISION OF CERTAIN INFORMATION TO
COMPTROLLER. (a) Not later than June 1 of each year, the
commission shall provide to the comptroller, for the purpose of
assisting the comptroller in the identification of persons entitled
to unclaimed property reported to the comptroller, the name,
address, social security number, and date of birth of each person
about whom the commission has such information in its records.
(b) Information provided to the comptroller under this
section is confidential and may not be disclosed to the public.
(c) The commission shall provide the information in the
format prescribed by rule of the comptroller.
SECTION 9. The heading to Section 521.044, Transportation
Code, is amended to read as follows:
Sec. 521.044. USE OR DISCLOSURE OF SOCIAL SECURITY NUMBER
INFORMATION [FOR CHILD SUPPORT COLLECTION].
SECTION 10. Subsection (a), Section 521.044,
Transportation Code, is amended to read as follows:
(a) Information provided on a driver's license application
that relates to the applicant's social security number may be used
only by the department or disclosed only to:
(1) the child support enforcement division of the
attorney general's office;
(2) another state entity responsible for enforcing the
payment of child support; [or]
(3) the United States Selective Service System as
provided by Section 521.147; or
(4) the unclaimed property division of the
comptroller's office.
SECTION 11. This Act takes effect September 1, 2009.