H.B. No. 1221
AN ACT
relating to authorizing the comptroller to release a reported
owner's unclaimed property to the owner's crime victim in certain
circumstances and payment by the Texas Department of Criminal
Justice of certain amounts owed by an inmate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Section 493.035 to read as follows:
Sec. 493.035. UNCLAIMED PROPERTY CLAIMS FILED ON BEHALF OF
CRIME VICTIMS. (a) The department shall file a claim for unclaimed
property under Section 74.501, Property Code, on behalf of a victim
of a criminal offense if the reported owner of the unclaimed
property:
(1) was finally convicted of the criminal offense in
this state; and
(2) based on the final conviction:
(A) was ordered to pay criminal restitution to
the victim; and
(B) on the date the claim is submitted, is
confined in a facility operated by or under contract with the
department.
(b) The department shall quarterly send to the comptroller a
data set regarding confined inmates to initiate the filing and
facilitate the approval of the claims submitted under Subsection
(a).
(c) The department must file a claim under this section only
if the department has:
(1) received notification from a court under Section
501.014(e); and
(2) confirmed with the county the amount of
outstanding restitution owed before filing the claim if the
department finds the confirmation to be necessary.
(d) The department may adopt rules necessary to administer
this section.
SECTION 2. Section 501.014, Government Code, is amended by
amending Subsection (e) and adding Subsection (e-1) to read as
follows:
(e) On notification by a court, the department shall
withdraw from an inmate's account any amount the inmate is ordered
to pay by order of the court under this subsection. On receipt of a
valid court order requiring an inmate to pay child support, the
department shall withdraw the appropriate amount from the inmate's
account under this subsection, regardless of whether the court
order is provided by the court or another person. The department
shall make a payment under this subsection [as ordered by the court]
to either the court or the party specified in the court order. The
department is not liable for withdrawing or failing to withdraw
money or making payments or failing to make payments under this
subsection. The department shall make withdrawals and payments
from an inmate's account under this subsection according to the
following schedule of priorities:
(1) as payment in full for all orders for child
support;
(2) as payment in full for all orders for restitution;
(3) as payment in full for all orders for
reimbursement of the Health and Human Services Commission for
financial assistance provided for the child's health needs under
Chapter 31, Human Resources Code, to a child of the inmate;
(4) as payment in full for all orders for court fees
and costs;
(5) as payment in full for all orders for fines; and
(6) as payment in full for any other court order,
judgment, or writ.
(e-1) Notification from a court under Subsection (e) of an
order for restitution must specify the amount of restitution owed
on the date of notification.
SECTION 3. Section 74.501, Property Code, is amended by
amending Subsection (e) and adding Subsection (g) to read as
follows:
(e) Except as provided by Subsection (d)(7), [or] (f), or
(g) 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;
(2) a person holding a power of attorney from the
reported owner or the owner's heirs; or
(3) a person attempting to make a claim on behalf of a
corporation that was previously forfeited, dissolved, or
terminated, if the comptroller finds that:
(A) the corporation was revived for the purpose
of making a claim under this section; and
(B) the person submitting the claim was not an
authorized representative of the corporation at the time of the
corporation's forfeiture, dissolution, or termination.
(g) The comptroller may approve a claim for unclaimed
property that complies with Section 493.035, Government Code.
SECTION 4. Article 42.037, Code of Criminal Procedure, is
amended by adding Subsection (x) to read as follows:
(x) A county shall accept a restitution payment received
from the Texas Department of Criminal Justice under Section
493.035, Government Code, and forward the payment to the victim or
other person eligible for restitution under this article, including
the compensation to victims of crime fund. The county shall return
to the department any amount in excess of the balance owed to the
victim.
SECTION 5. 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 6. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1221 was passed by the House on April
25, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1221 was passed by the Senate on May
17, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor