Texas 2017 - 85th Regular

Texas Senate Bill SB1711 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1067 PMO-D
2	2	By: Huffines S.B. No. 1711
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the claim process for unclaimed property.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 74.501, Property Code, is amended by
10	10	adding Subsection (g) to read as follows:
11	11	(g) If the comptroller or the comptroller's authorized
12	12	agent determines that a claim is not valid, the comptroller or the
13	13	comptroller's authorized agent shall deny the claim. The
14	14	comptroller or the comptroller's authorized agent shall mail to the
15	15	person aggrieved by the denial decision a notice that states that:
16	16	(1) the claim is denied; and
17	17	(2) the person may:
18	18	(A) before the 61st day after the day on which the
19	19	decision was rendered appeal the denial decision under Section
20	20	74.506; or
21	21	(B) not later than the first anniversary of the
22	22	date the decision was rendered:
23	23	(i) request a hearing under Section 74.5065
24	24	for review of the denial decision; or
25	25	(ii) appeal the denial decision under
26	26	Section 74.5066.
27	27	SECTION 2. Section 74.506, Property Code, is amended by
28	28	adding Subsection (e) to read as follows:
29	29	(e) A person who appeals a decision of a claim under this
30	30	section waives the right to a review hearing under Section 74.5065
31	31	and an appeal under Section 74.5066.
32	32	SECTION 3. Subchapter F, Chapter 74, Property Code, is
33	33	amended by adding Sections 74.5065 and 74.5066 to read as follows:
34	34	Sec. 74.5065. REVIEW OF CLAIM DENIAL DECISION. (a) A
35	35	person aggrieved by the denial of a claim under Section 74.501 may
36	36	request a hearing to review the denial decision by submitting to the
37	37	comptroller or the comptroller's authorized agent a request in
38	38	writing not later than the first anniversary of the date the claim
39	39	was denied.
40	40	(b) If a request is submitted as provided by Subsection (a),
41	41	the comptroller or the comptroller's authorized agent shall hold a
42	42	hearing not later than the 30th day after the date the comptroller
43	43	or the comptroller's authorized agent receives the request for
44	44	review.
45	45	(c) At the hearing, the aggrieved person may present
46	46	relevant evidence and argument against the denial of the claim.
47	47	(d) Not later than the 30th day after the date of the
48	48	conclusion of the hearing, the comptroller or the comptroller's
49	49	authorized agent shall affirm or reverse the denial of the claim.
50	50	The comptroller or the comptroller's authorized agent shall
51	51	promptly notify the aggrieved person in writing of the decision
52	52	issued under this subsection. If the comptroller or the
53	53	comptroller's authorized agent fails to issue a decision within the
54	54	period prescribed by this subsection, the denial of the claim is
55	55	affirmed.
56	56	(e) A person aggrieved by a decision under Subsection (d)
57	57	may appeal the decision before the 61st day after the date on which
58	58	the decision was issued or the date on which the decision was
59	59	affirmed by operation of law if the comptroller or the
60	60	comptroller's authorized agent fails to issue a decision within the
61	61	prescribed period. Sections 74.506(c) and (d) apply to an appeal of
62	62	the decision under this subsection.
63	63	(f) A person who requests a review hearing under this
64	64	section waives the right to an appeal under Section 74.5066.
65	65	Sec. 74.5066. APPEAL TO JUSTICE COURT. (a) Subject to
66	66	Subsection (b), a person aggrieved by the denial of a claim under
67	67	Section 74.501 may appeal the denial decision by filing suit
68	68	against the state in justice court in the county in which the
69	69	claimant resides not later than the first anniversary of the date
70	70	the decision was rendered. The state's immunity from suit without
71	71	consent is abolished with respect to suits brought under this
72	72	section.
73	73	(b) An action may be filed under this section only if the
74	74	amount in controversy is within the limits prescribed by Section
75	75	27.031, Government Code.
76	76	(c) A justice court shall try an action filed under this
77	77	section de novo.
78	78	(d) A person who appeals a denial decision under this
79	79	section waives the right to a review hearing under Section 74.5065.
80	80	SECTION 4. The changes in law made by this Act apply only to
81	81	a claim filed on or after the effective date of this Act. A claim
82	82	filed before the effective date of this Act is governed by the law
83	83	in effect on the date the claim was filed, and the former law is
84	84	continued in effect for that purpose.
85	85	SECTION 5. This Act takes effect September 1, 2017.