TX
Texas House Bill HB1499

Texas 2019 - 86th Regular

Texas House Bill HB1499 Compare Versions

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1-86R22440 PMO-F
2- By: Metcalf, Guillen H.B. No. 1499
3- Substitute the following for H.B. No. 1499:
4- By: Collier C.S.H.B. No. 1499
1+86R1319 PMO-F
2+ By: Metcalf H.B. No. 1499
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to authorizing the comptroller to release a reported
108 owner's unclaimed property to the owner's crime victim in certain
119 circumstances.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. Chapter 493, Government Code, is amended by
14- adding Section 493.032 to read as follows:
15- Sec. 493.032. UNCLAIMED PROPERTY CLAIMS FILED ON BEHALF OF
16- CRIME VICTIMS. (a) The department shall file a claim for unclaimed
17- property under Section 74.501, Property Code, on behalf of a victim
18- of a criminal offense if the reported owner of the unclaimed
19- property:
20- (1) was finally convicted of the criminal offense in
21- this state; and
22- (2) based on the final conviction:
23- (A) owes criminal restitution to the victim; and
24- (B) on the date the claim is submitted, is
25- incarcerated in the custody of this state.
26- (b) The department shall determine annually from the list
27- published by the comptroller under Section 74.307, Property Code,
28- and information in the department's possession the claims that the
29- department is required to file under Subsection (a).
30- (c) The department may adopt rules necessary to administer
31- this section.
32- SECTION 2. Section 74.501, Property Code, is amended by
11+ SECTION 1. Section 74.501, Property Code, is amended by
3312 amending Subsection (e) and adding Subsection (g) to read as
3413 follows:
3514 (e) Except as provided by Subsections [Subsection] (f) and
3615 (g), the comptroller may not pay to the following persons a claim to
3716 which this section applies:
3817 (1) a creditor, a judgment creditor, a lienholder, or
3918 an assignee of the reported owner or of the owner's heirs; or
4019 (2) a person holding a power of attorney from the
4120 reported owner or the owner's heirs.
4221 (g) The comptroller may approve a claim for unclaimed
43- property that complies with Section 493.032, Government Code,
44- submitted under this subsection by the Texas Department of Criminal
45- Justice on behalf of a victim of a criminal offense for which the
46- reported owner of the unclaimed property was finally convicted.
47- SECTION 3. The change in law made by this Act applies only
22+ property submitted by a claimant who was a victim of a criminal
23+ offense for which the reported owner of the unclaimed property was
24+ finally convicted if on the date the claim is submitted:
25+ (1) the claimant is entitled to payment from the
26+ reported owner under:
27+ (A) a final judgment against the reported owner
28+ related to that criminal offense; or
29+ (B) a final order of restitution under Article
30+ 42.037, Code of Criminal Procedure, related to that criminal
31+ offense; and
32+ (2) the reported owner is incarcerated in federal
33+ custody or the custody of this or any state based on any final
34+ criminal conviction.
35+ SECTION 2. The change in law made by this Act applies only
4836 to a claim filed under Section 74.501, Property Code, on or after
4937 the effective date of this Act. A claim filed under that section
5038 before the effective date of this Act is governed by the law in
5139 effect immediately before the effective date of this Act, and that
5240 law is continued in effect for that purpose.
53- SECTION 4. This Act takes effect September 1, 2019.
41+ SECTION 3. This Act takes effect September 1, 2019.