Texas 2011 - 82nd Regular

Texas Senate Bill SB1535

Filed
 
Out of Senate Committee
4/11/11  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to unclaimed property.

Impact

The implications of SB1535 on state laws are significant, particularly in the context of Texas's Property Code. The bill aims to streamline the process of reporting and handling unclaimed property, particularly for class actions, by ensuring that these proceeds are reported to the Comptroller efficiently. This change is expected to facilitate a more organized approach to abandoned property, potentially increasing the recovery rates for individuals entitled to such funds. By defining the roles and responsibilities of holders of class action proceeds, the bill enhances accountability and clarity in the management of unclaimed property.

Summary

SB1535 is a legislative proposal aimed at revising the handling of unclaimed property in Texas, particularly focusing on class action proceeds. The bill introduces specific guidelines defining class action proceeds, which include negotiable instruments such as checks made payable to class members in a settlement. It establishes that such proceeds are presumed abandoned if they remain unclaimed for 90 days after being made available to the class members, thereby setting a structured timeline for abandonment and reporting requirements for those holding unclaimed funds.

Contention

While most discussions around SB1535 appear to favor the clarity it brings to the unclaimed property process, notable points of contention may arise regarding the specifics of how class action proceeds will be managed. Some stakeholders might be concerned about the implications of the 90-day unclaimed period, arguing that it could adversely affect individuals who are not aware of their entitlement to such funds in a timely manner. Furthermore, there may be discussion around the authority of the Comptroller in challenging claims and the handling of proceeds that may be subject to conflicting laws.

Summary_conclusion

Overall, SB1535 seeks to modernize and clarify the laws surrounding unclaimed property in Texas, particularly for class actions, thereby enhancing the state's capacity to manage these assets effectively. The bill's introduction represents an important step toward improving transparency and access for individuals who may otherwise struggle to claim their rightful property.

Companion Bills

TX HB1886

Identical Relating to unclaimed property.

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