85R1067 PMO-D
By: Huffines S.B. No. 1711
A BILL TO BE ENTITLED
AN ACT
relating to the claim process for unclaimed property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.501, Property Code, is amended by
adding Subsection (g) to read as follows:
(g) If the comptroller or the comptroller's authorized
agent determines that a claim is not valid, the comptroller or the
comptroller's authorized agent shall deny the claim. The
comptroller or the comptroller's authorized agent shall mail to the
person aggrieved by the denial decision a notice that states that:
(1) the claim is denied; and
(2) the person may:
(A) before the 61st day after the day on which the
decision was rendered appeal the denial decision under Section
74.506; or
(B) not later than the first anniversary of the
date the decision was rendered:
(i) request a hearing under Section 74.5065
for review of the denial decision; or
(ii) appeal the denial decision under
Section 74.5066.
SECTION 2. Section 74.506, Property Code, is amended by
adding Subsection (e) to read as follows:
(e) A person who appeals a decision of a claim under this
section waives the right to a review hearing under Section 74.5065
and an appeal under Section 74.5066.
SECTION 3. Subchapter F, Chapter 74, Property Code, is
amended by adding Sections 74.5065 and 74.5066 to read as follows:
Sec. 74.5065. REVIEW OF CLAIM DENIAL DECISION. (a) A
person aggrieved by the denial of a claim under Section 74.501 may
request a hearing to review the denial decision by submitting to the
comptroller or the comptroller's authorized agent a request in
writing not later than the first anniversary of the date the claim
was denied.
(b) If a request is submitted as provided by Subsection (a),
the comptroller or the comptroller's authorized agent shall hold a
hearing not later than the 30th day after the date the comptroller
or the comptroller's authorized agent receives the request for
review.
(c) At the hearing, the aggrieved person may present
relevant evidence and argument against the denial of the claim.
(d) Not later than the 30th day after the date of the
conclusion of the hearing, the comptroller or the comptroller's
authorized agent shall affirm or reverse the denial of the claim.
The comptroller or the comptroller's authorized agent shall
promptly notify the aggrieved person in writing of the decision
issued under this subsection. If the comptroller or the
comptroller's authorized agent fails to issue a decision within the
period prescribed by this subsection, the denial of the claim is
affirmed.
(e) A person aggrieved by a decision under Subsection (d)
may appeal the decision before the 61st day after the date on which
the decision was issued or the date on which the decision was
affirmed by operation of law if the comptroller or the
comptroller's authorized agent fails to issue a decision within the
prescribed period. Sections 74.506(c) and (d) apply to an appeal of
the decision under this subsection.
(f) A person who requests a review hearing under this
section waives the right to an appeal under Section 74.5066.
Sec. 74.5066. APPEAL TO JUSTICE COURT. (a) Subject to
Subsection (b), a person aggrieved by the denial of a claim under
Section 74.501 may appeal the denial decision by filing suit
against the state in justice court in the county in which the
claimant resides not later than the first anniversary of the date
the decision was rendered. The state's immunity from suit without
consent is abolished with respect to suits brought under this
section.
(b) An action may be filed under this section only if the
amount in controversy is within the limits prescribed by Section
27.031, Government Code.
(c) A justice court shall try an action filed under this
section de novo.
(d) A person who appeals a denial decision under this
section waives the right to a review hearing under Section 74.5065.
SECTION 4. The changes in law made by this Act apply only to
a claim filed on or after the effective date of this Act. A claim
filed before the effective date of this Act is governed by the law
in effect on the date the claim was filed, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.