Texas 2019 86th Regular

Texas House Bill HB1499 Introduced / Bill

Filed 02/07/2019

                    86R1319 PMO-F
 By: Metcalf H.B. No. 1499


 A BILL TO BE ENTITLED
 AN ACT
 relating to authorizing the comptroller to release a reported
 owner's unclaimed property to the owner's crime victim in certain
 circumstances.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 74.501, Property Code, is amended by
 amending Subsection (e) and adding Subsection (g) to read as
 follows:
 (e)  Except as provided by Subsections [Subsection] (f) and
 (g), the comptroller may not pay to the following persons a claim to
 which this section applies:
 (1)  a creditor, a judgment creditor, a lienholder, or
 an assignee of the reported owner or of the owner's heirs; or
 (2)  a person holding a power of attorney from the
 reported owner or the owner's heirs.
 (g)  The comptroller may approve a claim for unclaimed
 property submitted by a claimant who was a victim of a criminal
 offense for which the reported owner of the unclaimed property was
 finally convicted if on the date the claim is submitted:
 (1)  the claimant is entitled to payment from the
 reported owner under:
 (A)  a final judgment against the reported owner
 related to that criminal offense; or
 (B)  a final order of restitution under Article
 42.037, Code of Criminal Procedure, related to that criminal
 offense; and
 (2)  the reported owner is incarcerated in federal
 custody or the custody of this or any state based on any final
 criminal conviction.
 SECTION 2.  The change in law made by this Act applies only
 to a claim filed under Section 74.501, Property Code, on or after
 the effective date of this Act. A claim filed under that section
 before the effective date of this Act is governed by the law in
 effect immediately before the effective date of this Act, and that
 law is continued in effect for that purpose.
 SECTION 3.  This Act takes effect September 1, 2019.