Texas 2009 - 81st Regular

Texas Senate Bill SB1589 Compare Versions

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Old	New	Differences
1	1	S.B. No. 1589
2	2
3	3
4	4	AN ACT
5	5	relating to the reporting and handling of unclaimed property.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subsection (c), Section 74.101, Property Code,
8	8	is amended to read as follows:
9	9	(c) The property report must include, if known by the
10	10	holder:
11	11	(1) the name, [and] social security number, driver's
12	12	license or state identification number, e-mail address [if known],
13	13	and the last known address[, if any,] of:
14	14	(A) each person who, from the records of the
15	15	holder of the property, appears to be the owner of the property;[,]
16	16	or
17	17	(B) [the name and address, if known, of] any
18	18	person who is entitled to the property;
19	19	(2) a description of the property, the identification
20	20	number, if any, and, if appropriate, a balance of each account,
21	21	except as provided by Subsection (d);
22	22	(3) the date that the property became payable,
23	23	demandable, or returnable;
24	24	(4) the date of the last transaction with the owner
25	25	concerning the property; and
26	26	(5) other information that the comptroller by rule
27	27	requires to be disclosed as necessary for the administration of
28	28	this chapter.
29	29	SECTION 2. Subchapter B, Chapter 74, Property Code, is
30	30	amended by adding Section 74.1011 to read as follows:
31	31	Sec. 74.1011. NOTICE BY PROPERTY HOLDER REQUIRED.
32	32	(a) Except as provided by Subsection (b), a holder who on June 30
33	33	holds property valued at more than $250 that is presumed abandoned
34	34	under Chapter 72, 73, or 75 of this code or Chapter 154, Finance
35	35	Code, shall, on or before the following August 1, mail to the last
36	36	known address of the known owner written notice stating that:
37	37	(1) the holder is holding the property; and
38	38	(2) the holder may be required to deliver the property
39	39	to the comptroller on or before November 1 if the property is not
40	40	claimed.
41	41	(b) The notice required under Subsection (a) does not apply
42	42	to a holder who:
43	43	(1) has already provided such notice to the owner of
44	44	the property or a person entitled to the property under existing
45	45	federal law, rules, and regulations or state law within the time
46	46	specified under Subsection (a); or
47	47	(2) does not have a record of an address for the
48	48	property owner or any other person entitled to the property.
49	49	(c) A holder that provides notice under this section may
50	50	charge the cost of the postage as a service charge against the
51	51	property.
52	52	SECTION 3. The heading to Subchapter C, Chapter 74,
53	53	Property Code, is amended to read as follows:
54	54	SUBCHAPTER C. NOTICE BY COMPTROLLER
55	55	SECTION 4. Section 74.601, Property Code, is amended by
56	56	adding Subsection (g) to read as follows:
57	57	(g) If an owner does not assert a claim for unclaimed money
58	58	and the owner is reported to be the state or a state agency, the
59	59	comptroller may deposit the unclaimed money to the credit of the
60	60	general revenue fund. The comptroller may establish procedures and
61	61	adopt rules as necessary to implement this subsection.
62	62	SECTION 5. Subchapter A, Chapter 411, Government Code, is
63	63	amended by adding Section 411.0111 to read as follows:
64	64	Sec. 411.0111. PROVISION OF CERTAIN INFORMATION TO
65	65	COMPTROLLER. (a) Not later than June 1 of each year, the
66	66	department shall provide to the comptroller, for the purpose of
67	67	assisting the comptroller in the identification of persons entitled
68	68	to unclaimed property reported to the comptroller, the name,
69	69	address, social security number, date of birth, and driver's
70	70	license or state identification number of each person about whom
71	71	the department has such information in its records.
72	72	(b) Information provided to the comptroller under this
73	73	section is confidential and may not be disclosed to the public.
74	74	(c) The department shall provide the information in the
75	75	format prescribed by rule of the comptroller.
76	76	SECTION 6. Subchapter A, Chapter 811, Government Code, is
77	77	amended by adding Section 811.010 to read as follows:
78	78	Sec. 811.010. PROVISION OF CERTAIN INFORMATION TO
79	79	COMPTROLLER. (a) Not later than June 1 of each year, the
80	80	retirement system shall provide to the comptroller, for the purpose
81	81	of assisting the comptroller in the identification of persons
82	82	entitled to unclaimed property reported to the comptroller, the
83	83	name, address, social security number, and date of birth of each
84	84	member, retiree, and beneficiary from the retirement system's
85	85	records.
86	86	(b) Information provided to the comptroller under this
87	87	section is confidential and may not be disclosed to the public.
88	88	(c) The retirement system shall provide the information in
89	89	the format prescribed by rule of the comptroller.
90	90	SECTION 7. Subchapter A, Chapter 821, Government Code, is
91	91	amended by adding Section 821.010 to read as follows:
92	92	Sec. 821.010. PROVISION OF CERTAIN INFORMATION TO
93	93	COMPTROLLER. (a) Not later than June 1 of each year, the
94	94	retirement system shall provide to the comptroller, for the purpose
95	95	of assisting the comptroller in the identification of persons
96	96	entitled to unclaimed property reported to the comptroller, the
97	97	name, address, social security number, and date of birth of each
98	98	member, retiree, and beneficiary from the retirement system's
99	99	records.
100	100	(b) Information provided to the comptroller under this
101	101	section is confidential and may not be disclosed to the public.
102	102	(c) The retirement system shall provide the information in
103	103	the format prescribed by rule of the comptroller.
104	104	SECTION 8. Subchapter F, Chapter 301, Labor Code, is
105	105	amended by adding Section 301.086 to read as follows:
106	106	Sec. 301.086. PROVISION OF CERTAIN INFORMATION TO
107	107	COMPTROLLER. (a) Not later than June 1 of each year, the
108	108	commission shall provide to the comptroller, for the purpose of
109	109	assisting the comptroller in the identification of persons entitled
110	110	to unclaimed property reported to the comptroller, the name,
111	111	address, social security number, and date of birth of each person
112	112	about whom the commission has such information in its records.
113	113	(b) Information provided to the comptroller under this
114	114	section is confidential and may not be disclosed to the public.
115	115	(c) The commission shall provide the information in the
116	116	format prescribed by rule of the comptroller.
117	117	SECTION 9. The heading to Section 521.044, Transportation
118	118	Code, is amended to read as follows:
119	119	Sec. 521.044. USE OR DISCLOSURE OF SOCIAL SECURITY NUMBER
120	120	INFORMATION [FOR CHILD SUPPORT COLLECTION].
121	121	SECTION 10. Subsection (a), Section 521.044,
122	122	Transportation Code, is amended to read as follows:
123	123	(a) Information provided on a driver's license application
124	124	that relates to the applicant's social security number may be used
125	125	only by the department or disclosed only to:
126	126	(1) the child support enforcement division of the
127	127	attorney general's office;
128	128	(2) another state entity responsible for enforcing the
129	129	payment of child support; [or]
130	130	(3) the United States Selective Service System as
131	131	provided by Section 521.147; or
132	132	(4) the unclaimed property division of the
133	133	comptroller's office.
134	134	SECTION 11. This Act takes effect September 1, 2009.
135	135	______________________________ ______________________________
136	136	President of the Senate Speaker of the House
137	137	I hereby certify that S.B. No. 1589 passed the Senate on
138	138	April 30, 2009, by the following vote: Yeas 31, Nays 0.
139	139	______________________________
140	140	Secretary of the Senate
141	141	I hereby certify that S.B. No. 1589 passed the House on
142	142	May 15, 2009, by the following vote: Yeas 142, Nays 2, one
143	143	present not voting.
144	144	______________________________
145	145	Chief Clerk of the House
146	146	Approved:
147	147	______________________________
148	148	Date
149	149	______________________________
150	150	Governor