6 | 4 | | AN ACT |
---|
7 | 5 | | relating to the presumption of abandonment of certain tangible |
---|
8 | 6 | | personal property held by a county. |
---|
9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 8 | | SECTION 1. Section 72.101(a), Property Code, is amended to |
---|
11 | 9 | | read as follows: |
---|
12 | 10 | | (a) Except as provided by this section and Sections 72.1015, |
---|
13 | 11 | | 72.1016, 72.1017, [and] 72.102, and 72.104, personal property is |
---|
14 | 12 | | presumed abandoned if, for longer than three years: |
---|
15 | 13 | | (1) the existence and location of the owner of the |
---|
16 | 14 | | property is unknown to the holder of the property; and |
---|
17 | 15 | | (2) according to the knowledge and records of the |
---|
18 | 16 | | holder of the property, a claim to the property has not been |
---|
19 | 17 | | asserted or an act of ownership of the property has not been |
---|
20 | 18 | | exercised. |
---|
21 | 19 | | SECTION 2. Subchapter B, Chapter 72, Property Code, is |
---|
22 | 20 | | amended by adding Section 72.104 to read as follows: |
---|
23 | 21 | | Sec. 72.104. TANGIBLE PERSONAL PROPERTY HELD BY COUNTY. |
---|
24 | 22 | | Tangible personal property that is found on county land or in a |
---|
25 | 23 | | county park, facility, or right-of-way is presumed abandoned if, |
---|
26 | 24 | | for longer than 120 days: |
---|
27 | 25 | | (1) the personal property is held by the county; |
---|
28 | 26 | | (2) the existence and location of the owner of the |
---|
29 | 27 | | personal property is unknown to the county; and |
---|
30 | 28 | | (3) according to the knowledge and records of the |
---|
31 | 29 | | county, a claim to the personal property has not been asserted or an |
---|
32 | 30 | | act of ownership of the personal property has not been exercised. |
---|
33 | 31 | | SECTION 3. This Act takes effect September 1, 2015. |
---|
| 32 | + | ______________________________ ______________________________ |
---|
| 33 | + | President of the Senate Speaker of the House |
---|
| 34 | + | I hereby certify that S.B. No. 569 passed the Senate on |
---|
| 35 | + | April 9, 2015, by the following vote: Yeas 31, Nays 0. |
---|
| 36 | + | ______________________________ |
---|
| 37 | + | Secretary of the Senate |
---|
| 38 | + | I hereby certify that S.B. No. 569 passed the House on |
---|
| 39 | + | May 22, 2015, by the following vote: Yeas 139, Nays 1, two |
---|
| 40 | + | present not voting. |
---|
| 41 | + | ______________________________ |
---|
| 42 | + | Chief Clerk of the House |
---|
| 43 | + | Approved: |
---|
| 44 | + | ______________________________ |
---|
| 45 | + | Date |
---|
| 46 | + | ______________________________ |
---|
| 47 | + | Governor |
---|