| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to recovery of the funds of an estate delivered to the |
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| 6 | 8 | | comptroller. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 551.003(b), Estates Code, is amended to |
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| 9 | 11 | | read as follows: |
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| 10 | 12 | | (b) Recovery of [An action to recover] the proceeds of a |
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| 11 | 13 | | sale under this section is governed by Subchapter B. |
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| 12 | 14 | | SECTION 2. Section 551.051, Estates Code, is amended to |
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| 13 | 15 | | read as follows: |
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| 14 | 16 | | Sec. 551.051. RECOVERY OF FUNDS. If funds of an estate have |
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| 15 | 17 | | been paid to the comptroller under this chapter, an heir or devisee |
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| 16 | 18 | | or an assignee of an heir or devisee may recover the share of the |
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| 17 | 19 | | funds to which the heir, devisee, or assignee is entitled by filing |
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| 18 | 20 | | a claim with the comptroller in the manner provided by Chapter 74, |
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| 19 | 21 | | Property Code, for property delivered to the comptroller under that |
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| 20 | 22 | | chapter. |
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| 21 | 23 | | SECTION 3. Section 74.501(e), Property Code, is amended to |
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| 22 | 24 | | read as follows: |
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| 23 | 25 | | (e) Except as provided by Subsection (f) or Section 551.051, |
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| 24 | 26 | | Estates Code, the comptroller may not pay to the following persons a |
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| 25 | 27 | | claim to which this section applies: |
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| 26 | 28 | | (1) a creditor, a judgment creditor, a lienholder, or |
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| 27 | 29 | | an assignee of the reported owner or of the owner's heirs; or |
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| 28 | 30 | | (2) a person holding a power of attorney from the |
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| 29 | 31 | | reported owner or the owner's heirs. |
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| 30 | 32 | | SECTION 4. Sections 551.052, 551.053, 551.054, and 551.055, |
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| 31 | 33 | | Estates Code, are repealed. |
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| 32 | 34 | | SECTION 5. This Act takes effect September 1, 2019. |
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| 33 | | - | ______________________________ ______________________________ |
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| 34 | | - | President of the Senate Speaker of the House |
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| 35 | | - | I hereby certify that S.B. No. 1420 passed the Senate on |
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| 36 | | - | April 17, 2019, by the following vote: Yeas 31, Nays 0. |
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| 37 | | - | ______________________________ |
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| 38 | | - | Secretary of the Senate |
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| 39 | | - | I hereby certify that S.B. No. 1420 passed the House on |
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| 40 | | - | May 14, 2019, by the following vote: Yeas 141, Nays 0, |
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| 41 | | - | two present not voting. |
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| 42 | | - | ______________________________ |
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| 43 | | - | Chief Clerk of the House |
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| 44 | | - | Approved: |
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| 45 | | - | ______________________________ |
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| 46 | | - | Date |
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| 47 | | - | ______________________________ |
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| 48 | | - | Governor |
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