Texas 2023 - 88th Regular

Texas House Bill HB1221 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1221
2	2
3	3
4	4	AN ACT
5	5	relating to authorizing the comptroller to release a reported
6	6	owner's unclaimed property to the owner's crime victim in certain
7	7	circumstances and payment by the Texas Department of Criminal
8	8	Justice of certain amounts owed by an inmate.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 493, Government Code, is amended by
11	11	adding Section 493.035 to read as follows:
12	12	Sec. 493.035. UNCLAIMED PROPERTY CLAIMS FILED ON BEHALF OF
13	13	CRIME VICTIMS. (a) The department shall file a claim for unclaimed
14	14	property under Section 74.501, Property Code, on behalf of a victim
15	15	of a criminal offense if the reported owner of the unclaimed
16	16	property:
17	17	(1) was finally convicted of the criminal offense in
18	18	this state; and
19	19	(2) based on the final conviction:
20	20	(A) was ordered to pay criminal restitution to
21	21	the victim; and
22	22	(B) on the date the claim is submitted, is
23	23	confined in a facility operated by or under contract with the
24	24	department.
25	25	(b) The department shall quarterly send to the comptroller a
26	26	data set regarding confined inmates to initiate the filing and
27	27	facilitate the approval of the claims submitted under Subsection
28	28	(a).
29	29	(c) The department must file a claim under this section only
30	30	if the department has:
31	31	(1) received notification from a court under Section
32	32	501.014(e); and
33	33	(2) confirmed with the county the amount of
34	34	outstanding restitution owed before filing the claim if the
35	35	department finds the confirmation to be necessary.
36	36	(d) The department may adopt rules necessary to administer
37	37	this section.
38	38	SECTION 2. Section 501.014, Government Code, is amended by
39	39	amending Subsection (e) and adding Subsection (e-1) to read as
40	40	follows:
41	41	(e) On notification by a court, the department shall
42	42	withdraw from an inmate's account any amount the inmate is ordered
43	43	to pay by order of the court under this subsection. On receipt of a
44	44	valid court order requiring an inmate to pay child support, the
45	45	department shall withdraw the appropriate amount from the inmate's
46	46	account under this subsection, regardless of whether the court
47	47	order is provided by the court or another person. The department
48	48	shall make a payment under this subsection [as ordered by the court]
49	49	to either the court or the party specified in the court order. The
50	50	department is not liable for withdrawing or failing to withdraw
51	51	money or making payments or failing to make payments under this
52	52	subsection. The department shall make withdrawals and payments
53	53	from an inmate's account under this subsection according to the
54	54	following schedule of priorities:
55	55	(1) as payment in full for all orders for child
56	56	support;
57	57	(2) as payment in full for all orders for restitution;
58	58	(3) as payment in full for all orders for
59	59	reimbursement of the Health and Human Services Commission for
60	60	financial assistance provided for the child's health needs under
61	61	Chapter 31, Human Resources Code, to a child of the inmate;
62	62	(4) as payment in full for all orders for court fees
63	63	and costs;
64	64	(5) as payment in full for all orders for fines; and
65	65	(6) as payment in full for any other court order,
66	66	judgment, or writ.
67	67	(e-1) Notification from a court under Subsection (e) of an
68	68	order for restitution must specify the amount of restitution owed
69	69	on the date of notification.
70	70	SECTION 3. Section 74.501, Property Code, is amended by
71	71	amending Subsection (e) and adding Subsection (g) to read as
72	72	follows:
73	73	(e) Except as provided by Subsection (d)(7), [or] (f), or
74	74	(g) or Section 551.051, Estates Code, the comptroller may not pay to
75	75	the following persons a claim to which this section applies:
76	76	(1) a creditor, a judgment creditor, a lienholder, or
77	77	an assignee of the reported owner or of the owner's heirs;
78	78	(2) a person holding a power of attorney from the
79	79	reported owner or the owner's heirs; or
80	80	(3) a person attempting to make a claim on behalf of a
81	81	corporation that was previously forfeited, dissolved, or
82	82	terminated, if the comptroller finds that:
83	83	(A) the corporation was revived for the purpose
84	84	of making a claim under this section; and
85	85	(B) the person submitting the claim was not an
86	86	authorized representative of the corporation at the time of the
87	87	corporation's forfeiture, dissolution, or termination.
88	88	(g) The comptroller may approve a claim for unclaimed
89	89	property that complies with Section 493.035, Government Code.
90	90	SECTION 4. Article 42.037, Code of Criminal Procedure, is
91	91	amended by adding Subsection (x) to read as follows:
92	92	(x) A county shall accept a restitution payment received
93	93	from the Texas Department of Criminal Justice under Section
94	94	493.035, Government Code, and forward the payment to the victim or
95	95	other person eligible for restitution under this article, including
96	96	the compensation to victims of crime fund. The county shall return
97	97	to the department any amount in excess of the balance owed to the
98	98	victim.
99	99	SECTION 5. The change in law made by this Act applies only
100	100	to a claim filed under Section 74.501, Property Code, on or after
101	101	the effective date of this Act. A claim filed under that section
102	102	before the effective date of this Act is governed by the law in
103	103	effect immediately before the effective date of this Act, and that
104	104	law is continued in effect for that purpose.
105	105	SECTION 6. This Act takes effect September 1, 2023.
106	106	______________________________ ______________________________
107	107	President of the Senate Speaker of the House
108	108	I certify that H.B. No. 1221 was passed by the House on April
109	109	25, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not
110	110	voting.
111	111	______________________________
112	112	Chief Clerk of the House
113	113	I certify that H.B. No. 1221 was passed by the Senate on May
114	114	17, 2023, by the following vote: Yeas 31, Nays 0.
115	115	______________________________
116	116	Secretary of the Senate
117	117	APPROVED: _____________________
118	118	Date
119	119	_____________________
120	120	Governor