Texas 2023 - 88th Regular

Texas Senate Bill SB57 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R268 DRS-F
2	2	By: Zaffirini S.B. No. 57
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing the comptroller to release a reported
8	8	owner's unclaimed property to the owner's crime victim in certain
9	9	circumstances and payment by the Texas Department of Criminal
10	10	Justice of certain amounts owed by an inmate.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 493, Government Code, is amended by
13	13	adding Section 493.035 to read as follows:
14	14	Sec. 493.035. UNCLAIMED PROPERTY CLAIMS FILED ON BEHALF OF
15	15	CRIME VICTIMS. (a) The department shall file a claim for unclaimed
16	16	property under Section 74.501, Property Code, on behalf of a victim
17	17	of a criminal offense if the reported owner of the unclaimed
18	18	property:
19	19	(1) was finally convicted of the criminal offense in
20	20	this state; and
21	21	(2) based on the final conviction:
22	22	(A) was ordered to pay criminal restitution to
23	23	the victim; and
24	24	(B) on the date the claim is submitted, is
25	25	confined in a facility operated by or under contract with the
26	26	department.
27	27	(b) The department shall quarterly send to the comptroller a
28	28	data set regarding confined inmates to initiate the filing and
29	29	facilitate the approval of the claims submitted under Subsection
30	30	(a).
31	31	(c) The department must file a claim under this section only
32	32	if the department has:
33	33	(1) received notification from a court under Section
34	34	501.014(e); and
35	35	(2) confirmed with the county the amount of
36	36	outstanding restitution owed before filing the claim if the
37	37	department finds the confirmation to be necessary.
38	38	(d) The department may adopt rules necessary to administer
39	39	this section.
40	40	SECTION 2. Section 501.014, Government Code, is amended by
41	41	amending Subsection (e) and adding Subsection (e-1) to read as
42	42	follows:
43	43	(e) On notification by a court, the department shall
44	44	withdraw from an inmate's account any amount the inmate is ordered
45	45	to pay by order of the court under this subsection. On receipt of a
46	46	valid court order requiring an inmate to pay child support, the
47	47	department shall withdraw the appropriate amount from the inmate's
48	48	account under this subsection, regardless of whether the court
49	49	order is provided by the court or another person. The department
50	50	shall make a payment under this subsection [as ordered by the court]
51	51	to either the court or the party specified in the court order. The
52	52	department is not liable for withdrawing or failing to withdraw
53	53	money or making payments or failing to make payments under this
54	54	subsection. The department shall make withdrawals and payments from
55	55	an inmate's account under this subsection according to the
56	56	following schedule of priorities:
57	57	(1) as payment in full for all orders for child
58	58	support;
59	59	(2) as payment in full for all orders for restitution;
60	60	(3) as payment in full for all orders for
61	61	reimbursement of the Health and Human Services Commission for
62	62	financial assistance provided for the child's health needs under
63	63	Chapter 31, Human Resources Code, to a child of the inmate;
64	64	(4) as payment in full for all orders for court fees
65	65	and costs;
66	66	(5) as payment in full for all orders for fines; and
67	67	(6) as payment in full for any other court order,
68	68	judgment, or writ.
69	69	(e-1) Notification from a court under Subsection (e) of an
70	70	order for restitution must specify the amount of restitution owed
71	71	on the date of notification.
72	72	SECTION 3. Section 74.501, Property Code, is amended by
73	73	amending Subsection (e) and adding Subsection (g) to read as
74	74	follows:
75	75	(e) Except as provided by Subsection (d)(7), [or] (f), or
76	76	(g) or Section 551.051, Estates Code, the comptroller may not pay to
77	77	the following persons a claim to which this section applies:
78	78	(1) a creditor, a judgment creditor, a lienholder, or
79	79	an assignee of the reported owner or of the owner's heirs;
80	80	(2) a person holding a power of attorney from the
81	81	reported owner or the owner's heirs; or
82	82	(3) a person attempting to make a claim on behalf of a
83	83	corporation that was previously forfeited, dissolved, or
84	84	terminated, if the comptroller finds that:
85	85	(A) the corporation was revived for the purpose
86	86	of making a claim under this section; and
87	87	(B) the person submitting the claim was not an
88	88	authorized representative of the corporation at the time of the
89	89	corporation's forfeiture, dissolution, or termination.
90	90	(g) The comptroller may approve a claim for unclaimed
91	91	property that complies with Section 493.035, Government Code.
92	92	SECTION 4. Article 42.037, Code of Criminal Procedure, is
93	93	amended by adding Subsection (x) to read as follows:
94	94	(x) A county shall accept a restitution payment received
95	95	from the Texas Department of Criminal Justice under Section
96	96	493.035, Government Code, and forward the payment to the victim or
97	97	other person eligible for restitution under this article, including
98	98	the compensation to victims of crime fund. The county shall return
99	99	to the department any amount in excess of the balance owed to the
100	100	victim.
101	101	SECTION 5. The change in law made by this Act applies only
102	102	to a claim filed under Section 74.501, Property Code, on or after
103	103	the effective date of this Act. A claim filed under that section
104	104	before the effective date of this Act is governed by the law in
105	105	effect immediately before the effective date of this Act, and that
106	106	law is continued in effect for that purpose.
107	107	SECTION 6. This Act takes effect September 1, 2023.