Texas 2017 - 85th Regular

Texas House Bill HB1866 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Geren (Senate Sponsor - Campbell) H.B. No. 1866
2		-	(In the Senate - Received from the House May 8, 2017;
3		-	May 8, 2017, read first time and referred to Committee on Criminal
4		-	Justice; May 17, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 17, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1866
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to compensation and restitution to crime victims and the
12	6		disposition of unclaimed restitution payments; providing for an
13	7		administrative penalty; authorizing a fee.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Article 56.54, Code of Criminal Procedure, is
16	10		amended by amending Subsections (a), (d), (f), (g), and (l) and
17	11		adding Subsection (m-1) to read as follows:
18	12		(a) The compensation to victims of crime fund is [and the
19	13		compensation to victims of crime auxiliary fund are] in the state
20	14		treasury.
21	15		(d) The attorney general may not make compensation payments
22	16		in excess of the amount of money available in the compensation to
23	17		victims of crime fund [from the combined funds].
24	18		(f) The office of the attorney general is authorized to
25	19		accept gifts, grants, and donations to be credited to the
26	20		compensation to victims of crime fund [and compensation to victims
27	21		of crime auxiliary fund] and shall file annually with the governor
28	22		and the presiding officer of each house of the legislature a
29	23		complete and detailed written report accounting for all gifts,
30	24		grants, and donations received and disbursed, used, or maintained
31	25		by the office for the attorney general that are credited to the fund
32	26		[these funds].
33	27		(g) Money in the compensation to victims of crime fund [or
34	28		in the compensation to victims of crime auxiliary fund] may be used
35	29		only as provided by this subchapter and is not available for any
36	30		other purpose. Section 403.095, Government Code, does not apply to
37	31		the fund.
38	32		(l) As appropriated by the legislature, the [The] attorney
39	33		general may use the compensation to victims of crime auxiliary fund
40	34		to cover costs incurred by the attorney general in administering
41	35		the address confidentiality program established under Subchapter
42	36		C.
43	37		(m-1) Notwithstanding Subsection (m), the attorney general
44	38		may not transfer money under that subsection during a fiscal year
45	39		beginning September 1, 2017, or September 1, 2018. This subsection
46	40		expires September 1, 2019.
47	41		SECTION 2. Section 76.013, Government Code, is amended by
48	42		amending Subsections (a), (b), and (c) and adding Subsections
49	43		(b-1), (b-2), and (b-3) to read as follows:
50	44		(a) If a judge requires a defendant to make restitution to a
51	45		victim of the defendant's offense, and a restitution payment is
52	46		received by a department from the defendant for transmittal to a
53	47		victim of the offense, the department [that receives the payment
54	48		for disbursement to the victim] shall immediately deposit the
55	49		payment in an interest-bearing account in the county treasury as
56	50		required by Section 140.003(f), Local Government Code.
57	51		(b) If a department receives an initial restitution payment
58	52		[is received by a department], the department shall immediately
59	53		[shall] notify the victim [of that fact] by certified mail, mailed
60	54		to the last known address of the victim, that the restitution
61	55		payment has been received and shall inform the victim of how a claim
62	56		for payment of restitution can be made. [If a victim then makes a
63	57		claim for payment, the department promptly shall remit the payment
64	58		to the victim. A department is obligated to make a good faith
65	59		effort to locate and notify a victim that an unclaimed payment
66	60		exists. The department satisfies the good faith requirement under
67	61		this subsection by sending to the victim by certified mail on any
68	62		one occasion during the period the defendant is required to make
69	63		payments a notice that the victim is entitled to an unclaimed
70	64		payment. Not earlier than the fifth anniversary of the date on
71	65		which the department mails notice under this subsection, if the
72	66		victim has not made a claim for payment, the department shall
73	67		transfer from the interest-bearing account to the comptroller all
74	68		payments received. After making an initial transfer of payments to
75	69		the comptroller under this subsection, the department, not later
76	70		than the 121st day after the date the department receives a
77	71		subsequent payment, shall transfer the subsequent payment to the
78	72		comptroller. The department shall deduct five percent of the
79	73		payment or subsequent payment as a collection fee and deduct any
80	74		interest accrued on the payment or subsequent payment before
81	75		transferring the payment to the comptroller under this subsection.
82	76		The comptroller shall deposit the payment in the state treasury to
83	77		the credit of the compensation to victims of crime auxiliary fund.]
84	78		(b-1) If a victim makes a claim for payment of restitution
85	79		with the department, the department shall promptly remit to the
86	80		victim all restitution payments received by the department from the
87	81		defendant for transmittal to the victim.
88	82		(b-2) If a victim who is entitled to restitution does not
89	83		make a claim for payment before the fifth anniversary of the date
90	84		the department receives the initial restitution payment or if,
91	85		after the victim makes a claim for payment, the department is unable
92	86		to locate the victim for a period of five years after the date the
93	87		department last made a payment to the victim, any unclaimed
94	88		restitution payments being held by the department for payment to
95	89		the victim are presumed abandoned. The department shall report and
96	90		deliver to the comptroller all unclaimed restitution payments
97	91		presumed abandoned under this section, less a collection fee of one
98	92		and one-half percent, in the manner provided by Chapter 77,
99	93		Property Code.
100	94		(b-3) If on March 1 a department is not holding unclaimed
101	95		restitution payments that are presumed abandoned under this
102	96		section, the department shall file a property report under Section
103	97		77.051, Property Code, that certifies that the department is not
104	98		holding any unclaimed restitution payments that are presumed
105	99		abandoned under this section.
106	100		(c) The collection fee under Subsection (b-2) [(b)] and the
107	101		accrued interest under Subsection [Subsections] (a) [and (b)] shall
108	102		be deposited in the special fund of the county treasury provided by
109	103		Section 509.011 to be used for the same purposes for which state aid
110	104		may be used under that section. [The department has a maximum of
111	105		121 days after the five-year expiration date to transfer the funds
112	106		to the comptroller's office. Failure to comply with the 121-day
113	107		deadline will result in a five percent collection fee penalty
114	108		calculated from the total deposit and all interest attributable to
115	109		the unclaimed funds.]
116	110		SECTION 3. Section 508.322, Government Code, is amended by
117	111		amending Subsection (e) and adding Subsection (f) to read as
118	112		follows:
119	113		(e) If a victim who is entitled to restitution does not make
120	114		a claim for payment before the fifth anniversary of the date the
121	115		department receives the initial restitution payment or if, after
122	116		the victim makes a claim for payment, the department is unable to
123	117		locate the victim for a period of five years after the date the
124	118		department last made a payment to the victim, any unclaimed
125	119		restitution payments being held by the department for payment to
126	120		the victim are presumed abandoned. The department shall report and
127	121		deliver to the comptroller all unclaimed restitution payments
128	122		presumed abandoned under this section in the manner provided by
129	123		Chapter 77, Property Code [Money that remains unclaimed shall be
130	124		transferred to the compensation to victims of crime auxiliary fund
131	125		on the fifth anniversary of the date the money was deposited to the
132	126		credit of the releasee restitution fund].
133	127		(f) If on March 1 a department is not holding unclaimed
134	128		restitution payments that are presumed abandoned under this
135	129		section, the department shall file a property report under Section
136	130		77.051, Property Code, that certifies that the department is not
137	131		holding any unclaimed restitution payments that are presumed
138	132		abandoned under this section.
139	133		SECTION 4. Title 6, Property Code, is amended by adding
140	134		Chapter 77 to read as follows:
141	135		CHAPTER 77. REPORT, DELIVERY, AND CLAIMS PROCESS FOR
142	136		UNCLAIMED RESTITUTION PAYMENTS
143	137		SUBCHAPTER A. APPLICABILITY
144	138		Sec. 77.001. APPLICABILITY. This chapter applies to
145	139		unclaimed restitution payments that are presumed abandoned under
146	140		Section 76.013 or 508.322, Government Code.
147	141		SUBCHAPTER B. PROPERTY REPORT
148	142		Sec. 77.051. PROPERTY REPORT. (a) Notwithstanding the
149	143		confidentiality provisions of Chapters 57, 57A, 57B, and 57D, Code
150	144		of Criminal Procedure, each holder who on March 1 holds an unclaimed
151	145		restitution payment that is presumed abandoned under Section 76.013
152	146		or 508.322, Government Code, shall file a property report with the
153	147		comptroller on or before the following July 1. The comptroller may
154	148		prescribe the form to be used for the report required by this
155	149		section and may require the report to be filed electronically.
156	150		(b) The property report must include, if known by the
157	151		holder:
158	152		(1) the name, social security number, driver's license
159	153		or state identification number, e-mail address, and last known
160	154		address of the victim who, from the records of the holder, is
161	155		entitled to the unclaimed restitution payment;
162	156		(2) the cause number of the case in which a judge
163	157		ordered a defendant to pay restitution to the victim, the amount of
164	158		restitution ordered, and the balance owed to the victim;
165	159		(3) the date of the last transaction with the victim
166	160		concerning the restitution payments; and
167	161		(4) other information that the comptroller requires to
168	162		be disclosed as necessary for the administration of this chapter.
169	163		(c) A holder who is required by Subsection (a) to file a
170	164		report in any year shall file a report each successive year
171	165		thereafter. If a person required to file a report under this
172	166		subsection is not holding any restitution payments that are
173	167		presumed abandoned under Section 76.013 or 508.322, Government
174	168		Code, the person shall certify that the person is not holding any
175	169		restitution payments that are presumed abandoned under those
176	170		sections.
177	171		Sec. 77.052. NOTICE BY HOLDER REQUIRED. A holder who on
178	172		March 1 holds an unclaimed restitution payment that is presumed
179	173		abandoned under Section 76.013 or 508.322, Government Code, shall,
180	174		on or before the following May 1, mail to the last known address of
181	175		the victim entitled to the unclaimed restitution payment written
182	176		notice stating that:
183	177		(1) the holder is holding the restitution payment to
184	178		which the victim is entitled; and
185	179		(2) the holder may be required to deliver the
186	180		restitution payment to the comptroller on or before July 1 if the
187	181		victim does not claim the restitution payment.
188	182		Sec. 77.053. SIGNED STATEMENT. (a) The person preparing a
189	183		property report required by this chapter shall provide with each
190	184		copy of the report a statement signed by the holder's chief fiscal
191	185		officer, as designated by the holder. The signature required by
192	186		this section may be in an electronic or other form prescribed by the
193	187		comptroller and shall have the same effect as an original
194	188		signature.
195	189		(b) The statement must include the following sentence:
196	190		"This report contains a full and complete list of all
197	191		restitution payments held by the undersigned that, from the
198	192		knowledge and records of the undersigned, are abandoned under the
199	193		laws of the State of Texas."
200	194		Sec. 77.054. CONFIDENTIALITY OF PROPERTY REPORT. (a) The
201	195		property report filed with the comptroller under Section 77.051 is
202	196		confidential and is not subject to disclosure under Chapter 552,
203	197		Government Code.
204	198		(b) The social security number, driver's license or state
205	199		identification number, and address of a victim are confidential and
206	200		are not subject to disclosure under Chapter 552, Government Code.
207	201		For the purposes of this subsection, the victim's address includes
208	202		information that identifies a victim's place of residence or post
209	203		office box but does not include the city or county in which the
210	204		victim resides.
211	205		Sec. 77.055. EXCEPTION TO LIABILITY. (a) It is an
212	206		exception to the application of Section 552.352, Government Code,
213	207		that the comptroller or an officer or employee of the comptroller's
214	208		office published or disclosed information in reliance on the report
215	209		filed with the comptroller under Section 77.051.
216	210		(b) The comptroller or an officer or employee of the
217	211		comptroller's office is immune from any civil liability for
218	212		publishing or disclosing confidential information under this
219	213		section if the comptroller, officer, or employee published or
220	214		disclosed the information in reliance on the report filed with the
221	215		comptroller under Section 77.051.
222	216		SUBCHAPTER C. NOTICE BY COMPTROLLER
223	217		Sec. 77.101. NOTICE. The comptroller may use one or more
224	218		methods as necessary to provide the most efficient and effective
225	219		notice to victims that the comptroller is holding unclaimed
226	220		restitution payments that are subject to this chapter.
227	221		Sec. 77.102. PUBLICATION. Notwithstanding Section 77.054,
228	222		the comptroller may publish on the Internet information regarding
229	223		unclaimed restitution payments received by the comptroller, except
230	224		that the comptroller may not publish information that identifies a
231	225		person as a victim or information that identifies a victim's
232	226		address. For the purposes of this subsection, the victim's address
233	227		includes information that identifies a victim's place of residence
234	228		or post office box but does not include the city or county in which
235	229		the victim resides.
236	230		SUBCHAPTER D. DELIVERY
237	231		Sec. 77.151. DELIVERY OF PROPERTY TO COMPTROLLER. Each
238	232		holder who on March 1 holds an unclaimed restitution payment that is
239	233		presumed abandoned under Section 76.013 or 508.322, Government
240	234		Code, shall deliver the property to the comptroller on or before the
241	235		following July 1 accompanied by the report required to be filed
242	236		under Section 77.051.
243	237		Sec. 77.152. RESPONSIBILITY AFTER DELIVERY. (a) If an
244	238		unclaimed restitution payment that is presumed abandoned under
245	239		Section 76.013 or 508.322, Government Code, is reported and
246	240		delivered to the comptroller, the state shall assume custody of the
247	241		payment and responsibility for its safekeeping.
248	242		(b) A holder who delivers an unclaimed restitution payment
249	243		to the comptroller in compliance with this chapter is relieved of
250	244		all liability to the extent of the value of the payment delivered
251	245		for any claim then existing, that may arise after delivery to the
252	246		comptroller, or that may be made with respect to the payment.
253	247		(c) If the holder delivers an unclaimed restitution payment
254	248		to the comptroller in good faith and, after delivery, a person
255	249		claims the property from the holder, the attorney general shall, on
256	250		written notice of the claim, defend the holder against the claim,
257	251		and the holder shall be indemnified against any liability on the
258	252		claim.
259	253		SUBCHAPTER E. CLAIM FOR DELIVERED PROPERTY
260	254		Sec. 77.201. CLAIM FILED WITH COMPTROLLER. (a) The
261	255		comptroller shall review the validity of each claim for an
262	256		unclaimed restitution payment filed under this section.
263	257		(b) If the comptroller determines a claim for an unclaimed
264	258		restitution payment is valid, the comptroller shall approve the
265	259		claim. If a claim is approved under this section, the comptroller
266	260		shall pay the claim.
267	261		(c) All claims to which this section applies must be filed
268	262		in accordance with the procedures, contain the information, and be
269	263		on forms prescribed by the comptroller.
270	264		(d) On receipt of a claim form and all necessary
271	265		documentation as may be appropriate under the circumstances, the
272	266		comptroller may approve the claim of:
273	267		(1) the victim;
274	268		(2) if the victim died testate:
275	269		(A) the appropriate legal beneficiaries of the
276	270		victim as provided by the last will and testament of the victim that
277	271		has been accepted into probate or filed as a muniment of title; or
278	272		(B) the executor of the victim's last will and
279	273		testament who holds current letters testamentary;
280	274		(3) if the victim died intestate or is deceased and
281	275		presumed intestate:
282	276		(A) the legal heirs of the victim as provided by
283	277		Chapter 201, Estates Code; or
284	278		(B) the court-appointed administrator of the
285	279		victim's estate, on behalf of the legal heirs of the victim;
286	280		(4) the legal heirs of the victim as established by an
287	281		affidavit of heirship order signed by a judge of the county probate
288	282		court or by a county judge;
289	283		(5) if the victim is a minor child or an adult who has
290	284		been adjudged incompetent by a court of law, the parent or legal
291	285		guardian of the child or adult;
292	286		(6) if the victim is a trust:
293	287		(A) the trustee, on behalf of the trust; or
294	288		(B) the beneficiaries of the trust, if the trust
295	289		is dissolved;
296	290		(7) if the victim is a corporation:
297	291		(A) the president or chair of the board of
298	292		directors of the corporation, on behalf of the corporation;
299	293		(B) any person who has been delegated legal
300	294		authority to act on behalf of the corporation by the president or
301	295		board of directors of the corporation; or
302	296		(C) a receiver appointed for the corporation;
303	297		(8) if the victim is a corporation that has been
304	298		dissolved, liquidated, or otherwise terminated:
305	299		(A) the surviving shareholders of the
306	300		corporation in proportion to their ownership of the corporation at
307	301		the time of dissolution, liquidation, or termination;
308	302		(B) the corporation's bankruptcy trustee; or
309	303		(C) a receiver appointed for the corporation;
310	304		(9) if the victim is a state agency, the comptroller;
311	305		or
312	306		(10) any other person that is entitled to receive the
313	307		unclaimed restitution payment under other law or comptroller
314	308		policy.
315	309		(e) Except as provided by Subsections (f) and (g), the
316	310		comptroller may not approve the claim of or pay a claim to the
317	311		following persons:
318	312		(1) a creditor, a judgment creditor, a lienholder, or
319	313		an assignee of the victim or of any other person entitled to receive
320	314		an unclaimed restitution payment under this section;
321	315		(2) a receiver, if the receiver is appointed at the
322	316		request of a person the comptroller may not pay under Subdivision
323	317		(1);
324	318		(3) a person attempting to make a claim on behalf of a
325	319		trust or corporation that has previously been dissolved or
326	320		terminated, if it appears the trust or corporation was revived for
327	321		the purpose of making a claim under this section and the person
328	322		submitting the claim was not an authorized representative of the
329	323		corporation or trust at the time of the dissolution or termination;
330	324		or
331	325		(4) a person holding a power of attorney, if the person
332	326		holding a power of attorney is a person the comptroller may not pay
333	327		under this subsection.
334	328		(f) The comptroller may approve a claim for child support
335	329		arrearages owed by the victim and reflected in a child support lien
336	330		notice that complies with Section 157.313, Family Code. A claim
337	331		under this subsection may be submitted by the lienholder.
338	332		(g) The comptroller may approve a claim for debts owed by
339	333		the victim to the state or any state agency. A claim under this
340	334		subsection may be submitted by the attorney general or the
341	335		comptroller on behalf of the state or state agency.
342	336		Sec. 77.202. CLAIMS NOT ASSIGNABLE. Notwithstanding
343	337		Section 9.406(f), Business & Commerce Code, an interest in a claim
344	338		under this chapter may not be assigned.
345	339		Sec. 77.203. CLAIM FILED WITH HOLDER. (a) If a claim for an
346	340		unclaimed restitution payment is filed with a holder under this
347	341		section and the holder determines in good faith that the claim is
348	342		valid, the holder may pay the amount of the claim.
349	343		(b) The comptroller may reimburse the holder for a valid
350	344		claim paid under this section.
351	345		(c) The request from a holder for reimbursement must be
352	346		filed in accordance with procedures and on forms prescribed by the
353	347		comptroller and may not exceed the amount previously reported and
354	348		delivered by the holder to the comptroller.
355	349		(d) The comptroller may not reimburse a holder for a claim
356	350		paid to a person the comptroller is not permitted to pay under
357	351		Section 77.201(e).
358	352		(e) The liability of the comptroller to reimburse a holder
359	353		under this section is limited to the extent of the property
360	354		delivered under this chapter and remaining in the possession of the
361	355		comptroller at the time a holder requests reimbursement.
362	356		Sec. 77.204. APPEAL. (a) A person aggrieved by the
363	357		decision of a claim filed under this chapter may appeal the decision
364	358		before the 61st day after the day on which it was rendered.
365	359		(b) If a claim has not been decided before the 91st day after
366	360		the day on which it was filed, the claimant may appeal within the
367	361		60-day period beginning on the 91st day after the day of filing.
368	362		(c) An appeal under this section must be made by filing suit
369	363		against the state in a district court in Travis County.
370	364		(d) A court shall try an action filed under this section de
371	365		novo and shall apply the rules of practice of the court.
372	366		Sec. 77.205. LIMITATION OF LIABILITY. The liability of the
373	367		state is limited to the extent of the property delivered under this
374	368		chapter and remaining in the possession of the comptroller at the
375	369		time a suit is filed.
376	370		Sec. 77.206. FEE FOR RECOVERY. (a) A person who informs a
377	371		potential claimant that the claimant may be entitled to claim
378	372		property under this chapter may not contract for or receive from the
379	373		claimant for services an amount that exceeds 10 percent of the value
380	374		of the property recovered.
381	375		(b) A person who receives a fee for recovery from a claimant
382	376		that exceeds 10 percent of the value of the property recovered is
383	377		liable to the claimant for the amount of the fee plus attorney's
384	378		fees and expenses.
385	379		SUBCHAPTER F. UNCLAIMED PAYMENTS
386	380		Sec. 77.251. UNCLAIMED RESTITUTION PAYMENTS. (a) The
387	381		comptroller shall maintain a record that documents unclaimed
388	382		restitution payments received under this chapter.
389	383		(b) The comptroller shall deposit all unclaimed restitution
390	384		payments to the credit of the compensation to victims of crime
391	385		auxiliary fund in the state treasury.
392	386		(c) Income or interest derived from unclaimed restitution
393	387		payments deposited in the fund shall remain in the compensation to
394	388		victims of crime auxiliary fund.
395	389		Sec. 77.252. USE OF MONEY. (a) Except as provided by
396	390		Subsection (b) and Chapter 56, Code of Criminal Procedure, money in
397	391		the compensation to victims of crime auxiliary fund may only be used
398	392		to pay claims as provided by this chapter and is not available for
399	393		any other purpose. Section 403.095, Government Code, does not
400	394		apply to the fund.
401	395		(b) The legislature may appropriate money in the
402	396		compensation to victims of crime auxiliary fund to cover costs
403	397		incurred by the comptroller in administering this chapter.
404	398		Sec. 77.253. EXCESS CLAIMS. The comptroller may pay a claim
405	399		under this chapter that is more than the money available in the
406	400		compensation to victims of crime auxiliary fund using funds
407	401		appropriated by the legislature for paying claims under this title.
408	402		SUBCHAPTER G. ENFORCEMENT
409	403		Sec. 77.301. RULES. The comptroller may adopt rules
410	404		necessary to carry out this chapter.
411	405		Sec. 77.302. EXAMINATION OF RECORDS. (a) To enforce this
412	406		chapter and to determine whether reports have been made as required
413	407		by this chapter, the comptroller, the attorney general, or an
414	408		authorized agent of either, may, at any reasonable time and place,
415	409		examine the books and records of any holder.
416	410		(b) The comptroller, the attorney general, or an agent of
417	411		either may not make public any information obtained by an
418	412		examination made under this section and may not disclose that
419	413		information except in the course of a judicial proceeding,
420	414		authorized by this chapter, in which the state is a party or under
421	415		an agreement with another state allowing joint audits or the
422	416		exchange of information obtained under this section.
423	417		Sec. 77.303. AUTHORITY TO TAKE TESTIMONY AND ISSUE
424	418		ADMINISTRATIVE SUBPOENAS. (a) In addition to the authority to
425	419		examine granted by Section 77.302, to enforce this chapter and to
426	420		determine whether reports have been made as required by this
427	421		chapter, the comptroller, or the comptroller's designee, may take
428	422		testimony, administer oaths, and issue subpoenas to compel any
429	423		person, at a time and place reasonable under the circumstances, to
430	424		appear and give testimony, and to produce relevant books, records,
431	425		documents, or other data, in whatever form, for audit, inspection,
432	426		and copying.
433	427		(b) A person authorized to serve process under the Texas
434	428		Rules of Civil Procedure may serve a subpoena issued under
435	429		Subsection (a). The person shall serve the subpoena in accordance
436	430		with the Texas Rules of Civil Procedure.
437	431		Sec. 77.304. ENFORCEMENT OF SUBPOENAS. (a) If the person
438	432		to whom a subpoena is directed under Section 77.303 fails to comply
439	433		with the subpoena, or fails to file a motion to quash or otherwise
440	434		demand a pre-compliance review of the subpoena, within the return
441	435		date specified in the subpoena, the attorney general shall, on the
442	436		request of the comptroller, bring suit to enforce the subpoena. The
443	437		suit may be brought in a state district court where service may be
444	438		obtained on the person refusing to testify or produce records.
445	439		(b) A court that determines that the subpoena was issued in
446	440		good faith shall order compliance with the subpoena. The court may
447	441		apply penalties for civil and criminal contempt otherwise available
448	442		at law where a person refuses to comply with the court's order.
449	443		Sec. 77.305. VENUE FOR PRE-COMPLIANCE REVIEW. A person
450	444		receiving a subpoena under this chapter may, before the return date
451	445		specified in the subpoena, petition a district court in Travis
452	446		County for an order to modify or quash the subpoena.
453	447		Sec. 77.306. ASSISTANCE IN ENFORCEMENT. If the comptroller
454	448		or attorney general requests, any state agency, county clerk,
455	449		district clerk, county attorney, or district attorney shall assist
456	450		the comptroller or attorney general in enforcing this chapter.
457	451		Sec. 77.307. PENALTY. A penalty equal to five percent of
458	452		the value of the unclaimed restitution payment due shall be imposed
459	453		on a holder who fails to pay or deliver the payment within the time
460	454		prescribed by this chapter. If a holder fails to pay or deliver an
461	455		unclaimed restitution payment before the 121st day after the date
462	456		the payment is due, an additional penalty equal to five percent of
463	457		the value of the payment due shall be imposed.
464	458		Sec. 77.308. WAIVER OR ABATEMENT OF PENALTY. The
465	459		comptroller may waive any penalty or interest imposed under this
466	460		chapter.
467	461		SECTION 5. The following laws are repealed:
468	462		(1) Article 56.54(c), Code of Criminal Procedure; and
469	463		(2) Section 76.013(d), Government Code.
470	464		SECTION 6. As soon as is practicable after the effective
471	465		date of this Act, but not later than January 1, 2018, the office of
472	466		the attorney general and the comptroller of public accounts shall
473	467		establish a plan for the identification and transfer of records,
474	468		property, and unspent appropriations of the attorney general that
475	469		are used for the purpose of managing the compensation to victims of
476	470		crime auxiliary fund.
477	471		SECTION 7. As soon as is practicable after the effective
478	472		date of this Act, but not later than March 1, 2018, a department
479	473		that prior to the effective date of this Act had previously
480	474		transferred payments to the comptroller under Section 76.013 or
481	475		508.322, Government Code, shall provide to the comptroller the
482	476		information required under Section 77.051(b), Property Code, as
483	477		added by this Act, for each victim for whom the department
484	478		previously transferred a payment to the comptroller.
485	479		SECTION 8. This Act takes effect September 1, 2017.
486		-	* * * * *
	480	+	______________________________ ______________________________
	481	+	President of the Senate Speaker of the House
	482	+	I certify that H.B. No. 1866 was passed by the House on May 6,
	483	+	2017, by the following vote: Yeas 137, Nays 1, 2 present, not
	484	+	voting.
	485	+	______________________________
	486	+	Chief Clerk of the House
	487	+	I certify that H.B. No. 1866 was passed by the Senate on May
	488	+	23, 2017, by the following vote: Yeas 31, Nays 0.
	489	+	______________________________
	490	+	Secretary of the Senate
	491	+	APPROVED: _____________________
	492	+	Date
	493	+	_____________________
	494	+	Governor