| 1 | 1 | | 84R9083 LEH-F |
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| 2 | 2 | | By: Schofield H.B. No. 1272 |
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| 3 | 3 | | Substitute the following for H.B. No. 1272: |
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| 4 | 4 | | By: Coleman C.S.H.B. No. 1272 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the presumption of abandonment of certain tangible |
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| 10 | 10 | | personal property held by a county. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 72.101(a), Property Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) Except as provided by this section and Sections 72.1015, |
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| 15 | 15 | | 72.1016, 72.1017, [and] 72.102, and 72.104, personal property is |
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| 16 | 16 | | presumed abandoned if, for longer than three years: |
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| 17 | 17 | | (1) the existence and location of the owner of the |
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| 18 | 18 | | property is unknown to the holder of the property; and |
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| 19 | 19 | | (2) according to the knowledge and records of the |
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| 20 | 20 | | holder of the property, a claim to the property has not been |
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| 21 | 21 | | asserted or an act of ownership of the property has not been |
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| 22 | 22 | | exercised. |
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| 23 | 23 | | SECTION 2. Subchapter B, Chapter 72, Property Code, is |
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| 24 | 24 | | amended by adding Section 72.104 to read as follows: |
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| 25 | 25 | | Sec. 72.104. TANGIBLE PERSONAL PROPERTY HELD BY COUNTY. |
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| 26 | 26 | | Tangible personal property that is found on county land or in a |
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| 27 | 27 | | county park, facility, or right-of-way is presumed abandoned if, |
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| 28 | 28 | | for longer than 120 days: |
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| 29 | 29 | | (1) the personal property is held by the county; |
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| 30 | 30 | | (2) the existence and location of the owner of the |
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| 31 | 31 | | personal property is unknown to the county; and |
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| 32 | 32 | | (3) according to the knowledge and records of the |
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| 33 | 33 | | county, a claim to the personal property has not been asserted or an |
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| 34 | 34 | | act of ownership of the personal property has not been exercised. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2015. |
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