| 1 | 1 | | S.B. No. 658 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the disposition of money from certain attorney accounts |
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| 6 | 6 | | delivered to the comptroller as unclaimed property. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 74.602, Property Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | Sec. 74.602. USE OF MONEY. Except as provided by Section |
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| 11 | 11 | | 381.004, Local Government Code, and Section 74.604 the comptroller |
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| 12 | 12 | | shall use the unclaimed money received under this chapter or any |
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| 13 | 13 | | other statute requiring the delivery of unclaimed property to the |
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| 14 | 14 | | comptroller to pay the claims of persons or states establishing |
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| 15 | 15 | | ownership of property in the possession of the comptroller under |
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| 16 | 16 | | this chapter or under any other unclaimed property or escheat |
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| 17 | 17 | | statute. |
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| 18 | 18 | | SECTION 2. Subchapter G, Chapter 74, Property Code, is |
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| 19 | 19 | | amended by adding Section 74.604 to read as follows: |
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| 20 | 20 | | Sec. 74.604. DISPOSITION OF MONEY DELIVERED TO COMPTROLLER |
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| 21 | 21 | | FROM CERTAIN ATTORNEY ACCOUNTS. (a) In this section, "IOLTA |
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| 22 | 22 | | account" means an account established as required by the Interest |
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| 23 | 23 | | on Lawyers' Trust Accounts Program administered by the Texas Access |
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| 24 | 24 | | to Justice Foundation under supreme court rule. |
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| 25 | 25 | | (b) Except as provided by Subsection (c), this section |
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| 26 | 26 | | applies to money delivered to the comptroller under Section 74.301 |
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| 27 | 27 | | as: |
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| 28 | 28 | | (1) unclaimed or unidentified money in a client trust |
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| 29 | 29 | | account established by an attorney or law firm; or |
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| 30 | 30 | | (2) money in an abandoned IOLTA account. |
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| 31 | 31 | | (c) This section does not apply to money paid or delivered |
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| 32 | 32 | | to a reported owner by the comptroller under Section 74.503. |
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| 33 | 33 | | (d) Notwithstanding any other law, the comptroller shall |
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| 34 | 34 | | deposit money to which this section applies to the credit of the |
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| 35 | 35 | | basic civil legal services account of the judicial fund. Except as |
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| 36 | 36 | | provided by Subsection (e), money deposited to the credit of the |
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| 37 | 37 | | basic civil legal services account under this section may be |
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| 38 | 38 | | appropriated only to the supreme court for use in programs approved |
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| 39 | 39 | | by the supreme court that provide basic civil legal services to |
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| 40 | 40 | | indigent persons. |
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| 41 | 41 | | (e) If the comptroller pays a claim for money deposited to |
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| 42 | 42 | | the credit of the basic civil legal services account under |
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| 43 | 43 | | Subsection (d), the supreme court shall reimburse the comptroller |
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| 44 | 44 | | from the account for the amount of the claim. The supreme court may |
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| 45 | 45 | | use money deposited under Subsection (d) to reimburse the |
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| 46 | 46 | | comptroller. |
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| 47 | 47 | | (f) The comptroller and the supreme court may adopt rules |
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| 48 | 48 | | necessary to implement this section. |
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| 49 | 49 | | SECTION 3. (a) The changes in law made by this Act apply to |
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| 50 | 50 | | money described by Section 74.604(b), Property Code, as added by |
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| 51 | 51 | | this Act, that was delivered to the comptroller of public accounts |
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| 52 | 52 | | under Section 74.301, Property Code, on, before, or after the |
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| 53 | 53 | | effective date of this Act. |
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| 54 | 54 | | (b) As soon as practicable after the effective date of this |
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| 55 | 55 | | Act, the comptroller of public accounts shall identify money |
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| 56 | 56 | | described by Subsection (a) of this section that was delivered to |
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| 57 | 57 | | the comptroller of public accounts before the effective date of |
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| 58 | 58 | | this Act and for which a claim has not been paid by the comptroller |
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| 59 | 59 | | and that has not otherwise been paid or delivered to a reported |
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| 60 | 60 | | owner by the comptroller under Subchapter F, Chapter 74, Property |
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| 61 | 61 | | Code, and deposit the money to the credit of the basic civil legal |
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| 62 | 62 | | services account in the judicial fund in accordance with Section |
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| 63 | 63 | | 74.604(d), Property Code, as added by this Act. |
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| 64 | 64 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 65 | 65 | | ______________________________ ______________________________ |
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| 66 | 66 | | President of the Senate Speaker of the House |
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| 67 | 67 | | I hereby certify that S.B. No. 658 passed the Senate on |
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| 68 | 68 | | April 3, 2023, by the following vote: Yeas 31, Nays 0. |
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| 69 | 69 | | ______________________________ |
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| 70 | 70 | | Secretary of the Senate |
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| 71 | 71 | | I hereby certify that S.B. No. 658 passed the House on |
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| 72 | 72 | | May 19, 2023, by the following vote: Yeas 141, Nays 2, |
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| 73 | 73 | | two present not voting. |
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| 74 | 74 | | ______________________________ |
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| 75 | 75 | | Chief Clerk of the House |
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| 76 | 76 | | Approved: |
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| 77 | 77 | | ______________________________ |
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| 78 | 78 | | Date |
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| 79 | 79 | | ______________________________ |
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| 80 | 80 | | Governor |
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