Texas 2017 - 85th Regular

Texas Senate Bill SB2060 Compare Versions

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

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1	1	85R9874 AJA-F
2	2	By: Campbell S.B. No. 2060
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to compensation and restitution to crime victims and the
8	8	disposition of unclaimed restitution payments; providing for an
9	9	administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 56.34(f), Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	(f) The compensation to victims of crime fund is [and the
14	14	compensation to victims of crime auxiliary fund are] the payer
15	15	[payers] of last resort.
16	16	SECTION 2. Articles 56.54(a), (d), (f), and (g), Code of
17	17	Criminal Procedure, are amended to read as follows:
18	18	(a) The compensation to victims of crime fund is [and the
19	19	compensation to victims of crime auxiliary fund are] in the state
20	20	treasury.
21	21	(d) The attorney general may not make compensation payments
22	22	in excess of the amount of money available in the compensation to
23	23	victims of crime fund [from the combined funds].
24	24	(f) The office of the attorney general is authorized to
25	25	accept gifts, grants, and donations to be credited to the
26	26	compensation to victims of crime fund [and compensation to victims
27	27	of crime auxiliary fund] and shall file annually with the governor
28	28	and the presiding officer of each house of the legislature a
29	29	complete and detailed written report accounting for all gifts,
30	30	grants, and donations received and disbursed, used, or maintained
31	31	by the office for the attorney general that are credited to the fund
32	32	[these funds].
33	33	(g) Money in the compensation to victims of crime fund [or
34	34	in the compensation to victims of crime auxiliary fund] may be used
35	35	only as provided by this subchapter and is not available for any
36	36	other purpose. Section 403.095, Government Code, does not apply to
37	37	the fund.
38	38	SECTION 3. Section 76.013, Government Code, is amended by
39	39	amending Subsections (a), (b), and (c) and adding Subsections
40	40	(b-1), (b-2), and (b-3) to read as follows:
41	41	(a) If a judge requires a defendant to make restitution to a
42	42	victim of the defendant's offense, and a restitution payment is
43	43	received by a department from the defendant for transmittal to a
44	44	victim of the offense, the department [that receives the payment
45	45	for disbursement to the victim] shall immediately deposit the
46	46	payment in an interest-bearing account in the county treasury as
47	47	required by Section 140.003(f), Local Government Code.
48	48	(b) If a department receives an initial restitution payment
49	49	[is received by a department], the department shall immediately
50	50	[shall] notify the victim [of that fact] by certified mail, mailed
51	51	to the last known address of the victim, that the restitution
52	52	payment has been received and shall inform the victim of how a claim
53	53	for payment of restitution can be made. [If a victim then makes a
54	54	claim for payment, the department promptly shall remit the payment
55	55	to the victim. A department is obligated to make a good faith
56	56	effort to locate and notify a victim that an unclaimed payment
57	57	exists. The department satisfies the good faith requirement under
58	58	this subsection by sending to the victim by certified mail on any
59	59	one occasion during the period the defendant is required to make
60	60	payments a notice that the victim is entitled to an unclaimed
61	61	payment. Not earlier than the fifth anniversary of the date on
62	62	which the department mails notice under this subsection, if the
63	63	victim has not made a claim for payment, the department shall
64	64	transfer from the interest-bearing account to the comptroller all
65	65	payments received. After making an initial transfer of payments to
66	66	the comptroller under this subsection, the department, not later
67	67	than the 121st day after the date the department receives a
68	68	subsequent payment, shall transfer the subsequent payment to the
69	69	comptroller. The department shall deduct five percent of the
70	70	payment or subsequent payment as a collection fee and deduct any
71	71	interest accrued on the payment or subsequent payment before
72	72	transferring the payment to the comptroller under this subsection.
73	73	The comptroller shall deposit the payment in the state treasury to
74	74	the credit of the compensation to victims of crime auxiliary fund.]
75	75	(b-1) If a victim makes a claim for payment of restitution
76	76	with the department, the department shall promptly remit to the
77	77	victim all restitution payments received by the department from the
78	78	defendant for transmittal to the victim.
79	79	(b-2) If a victim who is entitled to restitution does not
80	80	make a claim for payment before the fifth anniversary of the date
81	81	the department receives the initial restitution payment or if,
82	82	after the victim makes a claim for payment, the department is unable
83	83	to locate the victim for a period of five years after the date the
84	84	department last made a payment to the victim, any unclaimed
85	85	restitution payments being held by the department for payment to
86	86	the victim are presumed abandoned. The department shall report and
87	87	deliver to the comptroller all unclaimed restitution payments
88	88	presumed abandoned under this section, less a collection fee of one
89	89	and one-half percent, in the manner provided by Chapter 77,
90	90	Property Code.
91	91	(b-3) If on March 1 a department is not holding unclaimed
92	92	restitution payments that are presumed abandoned under this
93	93	section, the department shall file a property report under Section
94	94	77.051, Property Code, that certifies that the department is not
95	95	holding any unclaimed restitution payments that are presumed
96	96	abandoned under this section.
97	97	(c) The collection fee under Subsection (b-2) [(b)] and the
98	98	accrued interest under Subsection [Subsections] (a) [and (b)] shall
99	99	be deposited in the special fund of the county treasury provided by
100	100	Section 509.011 to be used for the same purposes for which state aid
101	101	may be used under that section. [The department has a maximum of
102	102	121 days after the five-year expiration date to transfer the funds
103	103	to the comptroller's office. Failure to comply with the 121-day
104	104	deadline will result in a five percent collection fee penalty
105	105	calculated from the total deposit and all interest attributable to
106	106	the unclaimed funds.]
107	107	SECTION 4. Section 508.322, Government Code, is amended by
108	108	amending Subsection (e) and adding Subsection (f) to read as
109	109	follows:
110	110	(e) If a victim who is entitled to restitution does not make
111	111	a claim for payment before the fifth anniversary of the date the
112	112	department receives the initial restitution payment or if, after
113	113	the victim makes a claim for payment, the department is unable to
114	114	locate the victim for a period of five years after the date the
115	115	department last made a payment to the victim, any unclaimed
116	116	restitution payments being held by the department for payment to
117	117	the victim are presumed abandoned. The department shall report and
118	118	deliver to the comptroller all unclaimed restitution payments
119	119	presumed abandoned under this section in the manner provided by
120	120	Chapter 77, Property Code [Money that remains unclaimed shall be
121	121	transferred to the compensation to victims of crime auxiliary fund
122	122	on the fifth anniversary of the date the money was deposited to the
123	123	credit of the releasee restitution fund].
124	124	(f) If on March 1 a department is not holding unclaimed
125	125	restitution payments that are presumed abandoned under this
126	126	section, the department shall file a property report under Section
127	127	77.051, Property Code, that certifies that the department is not
128	128	holding any unclaimed restitution payments that are presumed
129	129	abandoned under this section.
130	130	SECTION 5. Title 6, Property Code, is amended by adding
131	131	Chapter 77 to read as follows:
132	132	CHAPTER 77. REPORT, DELIVERY, AND CLAIMS PROCESS FOR
133	133	UNCLAIMED RESTITUTION PAYMENTS
134	134	SUBCHAPTER A. APPLICABILITY
135	135	Sec. 77.001. APPLICABILITY. This chapter applies to
136	136	unclaimed restitution payments that are presumed abandoned under
137	137	Section 76.013 or 508.322, Government Code.
138	138	SUBCHAPTER B. PROPERTY REPORT
139	139	Sec. 77.051. PROPERTY REPORT. (a) Notwithstanding the
140	140	confidentiality provisions of Chapters 57, 57A, 57B, and 57D, Code
141	141	of Criminal Procedure, each holder who on March 1 holds an unclaimed
142	142	restitution payment that is presumed abandoned under Section 76.013
143	143	or 508.322, Government Code, shall file a property report with the
144	144	comptroller on or before the following July 1. The comptroller may
145	145	prescribe the form to be used for the report required by this
146	146	section and may require the report to be filed electronically.
147	147	(b) The property report must include, if known by the
148	148	holder:
149	149	(1) the name, social security number, driver's license
150	150	or state identification number, e-mail address, and last known
151	151	address of the victim who, from the records of the holder, is
152	152	entitled to the unclaimed restitution payment;
153	153	(2) the cause number of the case in which a judge
154	154	ordered a defendant to pay restitution to the victim, the amount of
155	155	restitution ordered, and the balance owed to the victim;
156	156	(3) the date of the last transaction with the victim
157	157	concerning the restitution payments; and
158	158	(4) other information that the comptroller requires to
159	159	be disclosed as necessary for the administration of this chapter.
160	160	(c) A holder who is required by Subsection (a) to file a
161	161	report in any year shall file a report each successive year
162	162	thereafter. If a person required to file a report under this
163	163	subsection is not holding any restitution payments that are
164	164	presumed abandoned under Section 76.013 or 508.322, Government
165	165	Code, the person shall certify that the person is not holding any
166	166	restitution payments that are presumed abandoned under those
167	167	sections.
168	168	Sec. 77.052. NOTICE BY HOLDER REQUIRED. A holder who on
169	169	March 1 holds an unclaimed restitution payment that is presumed
170	170	abandoned under Section 76.013 or 508.322, Government Code, shall,
171	171	on or before the following May 1, mail to the last known address of
172	172	the victim entitled to the unclaimed restitution payment written
173	173	notice stating that:
174	174	(1) the holder is holding the restitution payment to
175	175	which the victim is entitled; and
176	176	(2) the holder may be required to deliver the
177	177	restitution payment to the comptroller on or before July 1 if the
178	178	victim does not claim the restitution payment.
179	179	Sec. 77.053. SIGNED STATEMENT. (a) The person preparing a
180	180	property report required by this chapter shall provide with each
181	181	copy of the report a statement signed by the holder's chief fiscal
182	182	officer, as designated by the holder. The signature required by
183	183	this section may be in an electronic or other form prescribed by the
184	184	comptroller and shall have the same effect as an original
185	185	signature.
186	186	(b) The statement must include the following sentence:
187	187	"This report contains a full and complete list of all
188	188	restitution payments held by the undersigned that, from the
189	189	knowledge and records of the undersigned, are abandoned under the
190	190	laws of the State of Texas."
191	191	Sec. 77.054. CONFIDENTIALITY OF PROPERTY REPORT. (a) The
192	192	property report filed with the comptroller under Section 77.051 is
193	193	confidential and is not subject to disclosure under Chapter 552,
194	194	Government Code.
195	195	(b) The social security number, driver's license or state
196	196	identification number, and address of a victim are confidential and
197	197	are not subject to disclosure under Chapter 552, Government Code.
198	198	For the purposes of this subsection, the victim's address includes
199	199	information that identifies a victim's place of residence or post
200	200	office box but does not include the city or county in which the
201	201	victim resides.
202	202	Sec. 77.055. EXCEPTION TO LIABILITY. (a) It is an
203	203	exception to the application of Section 552.352, Government Code,
204	204	that the comptroller or an officer or employee of the comptroller's
205	205	office published or disclosed information in reliance on the report
206	206	filed with the comptroller under Section 77.051.
207	207	(b) The comptroller or an officer or employee of the
208	208	comptroller's office is immune from any civil liability for
209	209	publishing or disclosing confidential information under this
210	210	section if the comptroller, officer, or employee published or
211	211	disclosed the information in reliance on the report filed with the
212	212	comptroller under Section 77.051.
213	213	SUBCHAPTER C. NOTICE BY COMPTROLLER
214	214	Sec. 77.101. NOTICE. The comptroller may use one or more
215	215	methods as necessary to provide the most efficient and effective
216	216	notice to victims that the comptroller is holding unclaimed
217	217	restitution payments that are subject to this chapter.
218	218	Sec. 77.102. PUBLICATION. Notwithstanding Section 77.054,
219	219	the comptroller may publish on the Internet information regarding
220	220	unclaimed restitution payments received by the comptroller, except
221	221	that the comptroller may not publish information that identifies a
222	222	person as a victim or information that identifies a victim's
223	223	address. For the purposes of this subsection, the victim's address
224	224	includes information that identifies a victim's place of residence
225	225	or post office box but does not include the city or county in which
226	226	the victim resides.
227	227	SUBCHAPTER D. DELIVERY
228	228	Sec. 77.151. DELIVERY OF PROPERTY TO COMPTROLLER. Each
229	229	holder who on March 1 holds an unclaimed restitution payment that is
230	230	presumed abandoned under Section 76.013 or 508.322, Government
231	231	Code, shall deliver the property to the comptroller on or before the
232	232	following July 1 accompanied by the report required to be filed
233	233	under Section 77.051.
234	234	Sec. 77.152. RESPONSIBILITY AFTER DELIVERY. (a) If an
235	235	unclaimed restitution payment that is presumed abandoned under
236	236	Section 76.013 or 508.322, Government Code, is reported and
237	237	delivered to the comptroller, the state shall assume custody of the
238	238	payment and responsibility for its safekeeping.
239	239	(b) A holder who delivers an unclaimed restitution payment
240	240	to the comptroller in compliance with this chapter is relieved of
241	241	all liability to the extent of the value of the payment delivered
242	242	for any claim then existing, that may arise after delivery to the
243	243	comptroller, or that may be made with respect to the payment.
244	244	(c) If the holder delivers an unclaimed restitution payment
245	245	to the comptroller in good faith and, after delivery, a person
246	246	claims the property from the holder, the attorney general shall, on
247	247	written notice of the claim, defend the holder against the claim,
248	248	and the holder shall be indemnified against any liability on the
249	249	claim.
250	250	SUBCHAPTER E. CLAIM FOR DELIVERED PROPERTY
251	251	Sec. 77.201. CLAIM FILED WITH COMPTROLLER. (a) The
252	252	comptroller shall review the validity of each claim for an
253	253	unclaimed restitution payment filed under this section.
254	254	(b) If the comptroller determines a claim for an unclaimed
255	255	restitution payment is valid, the comptroller shall approve the
256	256	claim. If a claim is approved under this section, the comptroller
257	257	shall pay the claim.
258	258	(c) All claims to which this section applies must be filed
259	259	in accordance with the procedures, contain the information, and be
260	260	on forms prescribed by the comptroller.
261	261	(d) On receipt of a claim form and all necessary
262	262	documentation as may be appropriate under the circumstances, the
263	263	comptroller may approve the claim of:
264	264	(1) the victim;
265	265	(2) if the victim died testate:
266	266	(A) the appropriate legal beneficiaries of the
267	267	victim as provided by the last will and testament of the victim that
268	268	has been accepted into probate or filed as a muniment of title; or
269	269	(B) the executor of the victim's last will and
270	270	testament who holds current letters testamentary;
271	271	(3) if the victim died intestate or is deceased and
272	272	presumed intestate:
273	273	(A) the legal heirs of the victim as provided by
274	274	Chapter 201, Estates Code; or
275	275	(B) the court-appointed administrator of the
276	276	victim's estate, on behalf of the legal heirs of the victim;
277	277	(4) the legal heirs of the victim as established by an
278	278	affidavit of heirship order signed by a judge of the county probate
279	279	court or by a county judge;
280	280	(5) if the victim is a minor child or an adult who has
281	281	been adjudged incompetent by a court of law, the parent or legal
282	282	guardian of the child or adult;
283	283	(6) if the victim is a trust:
284	284	(A) the trustee, on behalf of the trust; or
285	285	(B) the beneficiaries of the trust, if the trust
286	286	is dissolved;
287	287	(7) if the victim is a corporation:
288	288	(A) the president or chair of the board of
289	289	directors of the corporation, on behalf of the corporation;
290	290	(B) any person who has been delegated legal
291	291	authority to act on behalf of the corporation by the president or
292	292	board of directors of the corporation; or
293	293	(C) a receiver appointed for the corporation;
294	294	(8) if the victim is a corporation that has been
295	295	dissolved, liquidated, or otherwise terminated:
296	296	(A) the surviving shareholders of the
297	297	corporation in proportion to their ownership of the corporation at
298	298	the time of dissolution, liquidation, or termination;
299	299	(B) the corporation's bankruptcy trustee; or
300	300	(C) a receiver appointed for the corporation;
301	301	(9) if the victim is a state agency, the comptroller;
302	302	or
303	303	(10) any other person that is entitled to receive the
304	304	unclaimed restitution payment under other law or comptroller
305	305	policy.
306	306	(e) Except as provided by Subsections (f) and (g), the
307	307	comptroller may not approve the claim of or pay a claim to the
308	308	following persons:
309	309	(1) a creditor, a judgment creditor, a lienholder, or
310	310	an assignee of the victim or of any other person entitled to receive
311	311	an unclaimed restitution payment under this section;
312	312	(2) a receiver, if the receiver is appointed at the
313	313	request of a person the comptroller may not pay under Subdivision
314	314	(1);
315	315	(3) a person attempting to make a claim on behalf of a
316	316	trust or corporation that has previously been dissolved or
317	317	terminated, if it appears the trust or corporation was revived for
318	318	the purpose of making a claim under this section and the person
319	319	submitting the claim was not an authorized representative of the
320	320	corporation or trust at the time of the dissolution or termination;
321	321	or
322	322	(4) a person holding a power of attorney, if the person
323	323	holding a power of attorney is a person the comptroller may not pay
324	324	under this subsection.
325	325	(f) The comptroller may approve a claim for child support
326	326	arrearages owed by the victim and reflected in a child support lien
327	327	notice that complies with Section 157.313, Family Code. A claim
328	328	under this subsection may be submitted by the lienholder or the
329	329	attorney general on behalf of the lienholder.
330	330	(g) The comptroller may approve a claim for debts owed by
331	331	the victim to the state or any state agency. A claim under this
332	332	subsection may be submitted by the attorney general or the
333	333	comptroller on behalf of the state or state agency.
334	334	Sec. 77.202. CLAIMS NOT ASSIGNABLE. Notwithstanding
335	335	Section 9.406(f), Business & Commerce Code, an interest in a claim
336	336	under this chapter may not be assigned.
337	337	Sec. 77.203. CLAIM FILED WITH HOLDER. (a) If a claim for an
338	338	unclaimed restitution payment is filed with a holder under this
339	339	section and the holder determines in good faith that the claim is
340	340	valid, the holder may pay the amount of the claim.
341	341	(b) The comptroller may reimburse the holder for a valid
342	342	claim paid under this section.
343	343	(c) The request from a holder for reimbursement must be
344	344	filed in accordance with procedures and on forms prescribed by the
345	345	comptroller and may not exceed the amount previously reported and
346	346	delivered by the holder to the comptroller.
347	347	(d) The comptroller may not reimburse a holder for a claim
348	348	paid to a person the comptroller is not permitted to pay under
349	349	Section 77.201(e).
350	350	(e) The liability of the comptroller to reimburse a holder
351	351	under this section is limited to the extent of the property
352	352	delivered under this chapter and remaining in the possession of the
353	353	comptroller at the time a holder requests reimbursement.
354	354	Sec. 77.204. APPEAL. (a) A person aggrieved by the
355	355	decision of a claim filed under this chapter may appeal the decision
356	356	before the 61st day after the day on which it was rendered.
357	357	(b) If a claim has not been decided before the 91st day after
358	358	the day on which it was filed, the claimant may appeal within the
359	359	60-day period beginning on the 91st day after the day of filing.
360	360	(c) An appeal under this section must be made by filing suit
361	361	against the state in a district court in Travis County.
362	362	(d) A court shall try an action filed under this section de
363	363	novo and shall apply the rules of practice of the court.
364	364	Sec. 77.205. LIMITATION OF LIABILITY. The liability of the
365	365	state is limited to the extent of the property delivered under this
366	366	chapter and remaining in the possession of the comptroller at the
367	367	time a suit is filed.
368	368	Sec. 77.206. FEE FOR RECOVERY. (a) A person who informs a
369	369	potential claimant that the claimant may be entitled to claim
370	370	property under this chapter may not contract for or receive from the
371	371	claimant for services an amount that exceeds 10 percent of the value
372	372	of the property recovered.
373	373	(b) A person who receives a fee for recovery from a claimant
374	374	that exceeds 10 percent of the value of the property recovered is
375	375	liable to the claimant for the amount of the fee plus attorney's
376	376	fees and expenses.
377	377	SUBCHAPTER F. UNCLAIMED PAYMENTS
378	378	Sec. 77.251. UNCLAIMED RESTITUTION PAYMENTS. (a) The
379	379	comptroller shall maintain a record that documents unclaimed
380	380	restitution payments received under this chapter.
381	381	(b) The comptroller shall deposit all unclaimed restitution
382	382	payments to the credit of the compensation to victims of crime
383	383	auxiliary fund in the state treasury.
384	384	(c) Income or interest derived from unclaimed restitution
385	385	payments deposited in the fund shall remain in the compensation to
386	386	victims of crime auxiliary fund.
387	387	Sec. 77.252. USE OF MONEY. (a) Except as provided by
388	388	Subsection (b), money in the compensation to victims of crime
389	389	auxiliary fund may only be used to pay claims as provided by this
390	390	chapter and is not available for any other purpose. Section
391	391	403.095, Government Code, does not apply to the fund.
392	392	(b) The legislature may appropriate money in the
393	393	compensation to victims of crime auxiliary fund to cover costs
394	394	incurred by the comptroller in administering this chapter.
395	395	Sec. 77.253. EXCESS CLAIMS. The comptroller may pay a claim
396	396	under this chapter that is more than the money available in the
397	397	compensation to victims of crime auxiliary fund using funds
398	398	appropriated by the legislature for paying claims under this title.
399	399	SUBCHAPTER G. ENFORCEMENT
400	400	Sec. 77.301. RULES. The comptroller may adopt rules
401	401	necessary to carry out this chapter.
402	402	Sec. 77.302. EXAMINATION OF RECORDS. (a) To enforce this
403	403	chapter and to determine whether reports have been made as required
404	404	by this chapter, the comptroller, the attorney general, or an
405	405	authorized agent of either, may, at any reasonable time and place,
406	406	examine the books and records of any holder.
407	407	(b) The comptroller, the attorney general, or an agent of
408	408	either may not make public any information obtained by an
409	409	examination made under this section and may not disclose that
410	410	information except in the course of a judicial proceeding,
411	411	authorized by this chapter, in which the state is a party or under
412	412	an agreement with another state allowing joint audits or the
413	413	exchange of information obtained under this section.
414	414	Sec. 77.303. AUTHORITY TO TAKE TESTIMONY AND ISSUE
415	415	ADMINISTRATIVE SUBPOENAS. (a) In addition to the authority to
416	416	examine granted by Section 77.302, to enforce this chapter and to
417	417	determine whether reports have been made as required by this
418	418	chapter, the comptroller, or the comptroller's designee, may take
419	419	testimony, administer oaths, and issue subpoenas to compel any
420	420	person, at a time and place reasonable under the circumstances, to
421	421	appear and give testimony, and to produce relevant books, records,
422	422	documents, or other data, in whatever form, for audit, inspection,
423	423	and copying.
424	424	(b) A person authorized to serve process under the Texas
425	425	Rules of Civil Procedure may serve a subpoena issued under
426	426	Subsection (a). The person shall serve the subpoena in accordance
427	427	with the Texas Rules of Civil Procedure.
428	428	Sec. 77.304. ENFORCEMENT OF SUBPOENAS. (a) If the person
429	429	to whom a subpoena is directed under Section 77.303 fails to comply
430	430	with the subpoena, or fails to file a motion to quash or otherwise
431	431	demand a pre-compliance review of the subpoena, within the return
432	432	date specified in the subpoena, the attorney general shall, on the
433	433	request of the comptroller, bring suit to enforce the subpoena. The
434	434	suit may be brought in a state district court where service may be
435	435	obtained on the person refusing to testify or produce records.
436	436	(b) A court that determines that the subpoena was issued in
437	437	good faith shall order compliance with the subpoena. The court may
438	438	apply penalties for civil and criminal contempt otherwise available
439	439	at law where a person refuses to comply with the court's order.
440	440	Sec. 77.305. VENUE FOR PRE-COMPLIANCE REVIEW. A person
441	441	receiving a subpoena under this chapter may, before the return date
442	442	specified in the subpoena, petition a district court in Travis
443	443	County for an order to modify or quash the subpoena.
444	444	Sec. 77.306. ASSISTANCE IN ENFORCEMENT. If the comptroller
445	445	or attorney general requests, any state agency, county clerk,
446	446	district clerk, county attorney, or district attorney shall assist
447	447	the comptroller or attorney general in enforcing this chapter.
448	448	Sec. 77.307. PENALTY. A penalty equal to five percent of
449	449	the value of the unclaimed restitution payment due shall be imposed
450	450	on a holder who fails to pay or deliver the payment within the time
451	451	prescribed by this chapter. If a holder fails to pay or deliver an
452	452	unclaimed restitution payment before the 121st day after the date
453	453	the payment is due, an additional penalty equal to five percent of
454	454	the value of the payment due shall be imposed.
455	455	Sec. 77.308. WAIVER OR ABATEMENT OF PENALTY. The
456	456	comptroller may waive any penalty or interest imposed under this
457	457	chapter.
458	458	SECTION 6. The following laws are repealed:
459	459	(1) Articles 56.54(c), (l), and (m), Code of Criminal
460	460	Procedure; and
461	461	(2) Section 76.013(d), Government Code.
462	462	SECTION 7. As soon as is practicable after the effective
463	463	date of this Act, but not later than January 1, 2018, the office of
464	464	the attorney general and the comptroller of public accounts shall
465	465	establish a plan for the identification and transfer of records,
466	466	property, and unspent appropriations of the attorney general that
467	467	are used for the purpose of managing the compensation to victims of
468	468	crime auxiliary fund.
469	469	SECTION 8. As soon as is practicable after the effective
470	470	date of this Act, but not later than March 1, 2018, a department
471	471	that prior to the effective date of this Act had previously
472	472	transferred payments to the comptroller under Section 76.013 or
473	473	508.322, Government Code, shall provide to the comptroller the
474	474	information required under Section 77.051(b), Property Code, as
475	475	added by this Act, for each victim for whom the department
476	476	previously transferred a payment to the comptroller.
477	477	SECTION 9. This Act takes effect September 1, 2017.