By: Zaffirini S.B. No. 1420
(In the Senate - Filed March 1, 2019; March 14, 2019, read
first time and referred to Committee on State Affairs;
April 8, 2019, reported favorably by the following vote: Yeas 9,
Nays 0; April 8, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to recovery of the funds of an estate delivered to the
comptroller.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.003(b), Estates Code, is amended to
read as follows:
(b) Recovery of [An action to recover] the proceeds of a
sale under this section is governed by Subchapter B.
SECTION 2. Section 551.051, Estates Code, is amended to
read as follows:
Sec. 551.051. RECOVERY OF FUNDS. If funds of an estate have
been paid to the comptroller under this chapter, an heir or devisee
or an assignee of an heir or devisee may recover the share of the
funds to which the heir, devisee, or assignee is entitled by filing
a claim with the comptroller in the manner provided by Chapter 74,
Property Code, for property delivered to the comptroller under that
chapter.
SECTION 3. Section 74.501(e), Property Code, is amended to
read as follows:
(e) Except as provided by Subsection (f) or Section 551.051,
Estates Code, 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.
SECTION 4. Sections 551.052, 551.053, 551.054, and 551.055,
Estates Code, are repealed.
SECTION 5. This Act takes effect September 1, 2019.
* * * * *