By: Perry, Hinojosa S.B. No. 658
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of money from certain attorney accounts
delivered to the comptroller as unclaimed property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.602, Property Code, is amended to
read as follows:
Sec. 74.602. USE OF MONEY. Except as provided by Section
381.004, Local Government Code, and Section 74.604 the comptroller
shall use the unclaimed money received under this chapter or any
other statute requiring the delivery of unclaimed property to the
comptroller to pay the claims of persons or states establishing
ownership of property in the possession of the comptroller under
this chapter or under any other unclaimed property or escheat
statute.
SECTION 2. Subchapter G, Chapter 74, Property Code, is
amended by adding Section 74.604 to read as follows:
Sec. 74.604. DISPOSITION OF MONEY DELIVERED TO COMPTROLLER
FROM CERTAIN ATTORNEY ACCOUNTS. (a) In this section, "IOLTA
account" means an account established as required by the Interest
on Lawyers' Trust Accounts Program administered by the Texas Access
to Justice Foundation under supreme court rule.
(b) Except as provided by Subsection (c), this section
applies to money delivered to the comptroller under Section 74.301
as:
(1) unclaimed or unidentified money in a client trust
account established by an attorney or law firm; or
(2) money in an abandoned IOLTA account.
(c) This section does not apply to money paid or delivered
to a reported owner by the comptroller under Section 74.503.
(d) Notwithstanding any other law, the comptroller shall
deposit money to which this section applies to the credit of the
basic civil legal services account of the judicial fund. Except as
provided by Subsection (e), money deposited to the credit of the
basic civil legal services account under this section may be
appropriated only to the supreme court for use in programs approved
by the supreme court that provide basic civil legal services to
indigent persons.
(e) If the comptroller pays a claim for money deposited to
the credit of the basic civil legal services account under
Subsection (d), the supreme court shall reimburse the comptroller
from the account for the amount of the claim. The supreme court may
use money deposited under Subsection (d) to reimburse the
comptroller.
(f) The comptroller and the supreme court may adopt rules
necessary to implement this section.
SECTION 3. (a) The changes in law made by this Act apply to
money described by Section 74.604(b), Property Code, as added by
this Act, that was delivered to the comptroller of public accounts
under Section 74.301, Property Code, on, before, or after the
effective date of this Act.
(b) As soon as practicable after the effective date of this
Act, the comptroller of public accounts shall identify money
described by Subsection (a) of this section that was delivered to
the comptroller of public accounts before the effective date of
this Act and for which a claim has not been paid by the comptroller
and that has not otherwise been paid or delivered to a reported
owner by the comptroller under Subchapter F, Chapter 74, Property
Code, and deposit the money to the credit of the basic civil legal
services account in the judicial fund in accordance with Section
74.604(d), Property Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2023.