reglab/housing_qa huggingface dataset:
TX Prop § 74.302 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter D. Delivery|Section 74.302. Statement of Delivered Property

Sec. 74.302.  STATEMENT OF DELIVERED PROPERTY.  (a)  Property delivered under Section 74.301 must be accompanied by a statement that:(1)  the property delivered is a complete and correct remittance of all accounts subject to this chapter in the holder's possession;(2)  the existence and location of the listed owners are unknown to the holder;  and(3)  the listed owners have not asserted a claim or exercised an act of ownership with respect to the owner's reported property.(b)  The statement required by Subsection (a) shall be signed by:(1)  the individual holding the reported property;(2)  a partner, if the holder is a partnership;(3)  an officer, if the holder is an unincorporated association or a private corporation;  or(4)  the chief fiscal officer, if the holder is a public corporation.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 20, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1208, Sec. 3, eff. Sept. 1, 1999.|
TX Prop § 74.304 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter D. Delivery|Section 74.304. Responsibility After Delivery

Sec. 74.304.  RESPONSIBILITY AFTER DELIVERY.  (a)  If reported property is delivered to the comptroller, the state shall assume custody of the property and responsibility for its safekeeping.(b)  A holder who delivers property to the comptroller in good faith is relieved of all liability to the extent of the value of the property delivered for any claim then existing, that may arise after delivery to the comptroller, or that may be made with respect to the property.(c)  If the holder delivers property to the comptroller in good faith and, after delivery, a person claims the property from the holder or another state claims the property under its laws relating to escheat or unclaimed property, the attorney general shall, on written notice of the claim, defend the holder against the claim, and the holder shall be indemnified from the unclaimed money received under this chapter or any other statute requiring delivery of unclaimed property to the comptroller against any liability on the claim.(d)  The comptroller is not, in the absence of negligence or mishandling of the property, liable to the person who claims the property for damages incurred while the property or the proceeds from the sale of the property are in the comptroller's possession.  But in any event the liability of the state is limited to the extent of the property delivered under this chapter and remaining in the possession of the comptroller at the time a suit is filed.(e)  For the purposes of this section, payment or delivery is made in good faith if:(1)  payment or delivery was made in a reasonable attempt to comply with this chapter;(2)  the holder delivering the property was not a fiduciary then in breach of trust with respect to the property and had a reasonable basis for believing based on the facts then known to the holder that the property was abandoned or inactive for purposes of this chapter;  and(3)  there is no showing that the records under which the delivery was made did not meet reasonable commercial standards of practice in the industry.(f)  On delivery of a duplicate certificate or other evidence of ownership to the comptroller under Subsection (b) of Section 74.301, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate are relieved of all liability of every kind in accordance with this section to any person, including any person acquiring the original certificate or the duplicate of the certificate issued to the comptroller, for any losses or damages resulting to any person by the issuance and delivery to the comptroller of the duplicate certificate.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 25, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.16, eff. Sept. 1, 1997.|
TX Prop § 74.306 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter D. Delivery|Section 74.306. Unclaimed Property Held by Federal Government

Sec. 74.306.  UNCLAIMED PROPERTY HELD BY FEDERAL GOVERNMENT.  (a)  If the federal government enacts a law that provides for the discovery of unclaimed property held by the federal government and that provides or makes that information available to the states, the comptroller may pay to the federal government from the unclaimed money received under this chapter or any other statute requiring the delivery of unclaimed property to the comptroller the proportional share of the necessary cost of examining records.(b)  If the federal government delivers unclaimed property to the comptroller, this state shall hold the federal government harmless from claims made by owners of the property after the delivery.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 25, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.18, eff. Sept. 1, 1997.|
TX Prop § 74.3061 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter D. Delivery|Section 74.3061. Escheat of Funds in the Possession of the United States

Sec. 74.3061.  ESCHEAT OF FUNDS IN THE POSSESSION OF THE UNITED STATES.  (a)  In the event any money is due to a resident of this state in the nature of a refund, rebate, or other overpayment of taxes or fees to the United States with respect to which the resident is likely to have his rights to secure such refund or rebate barred by a statute of limitations, or if for any reason at least three years has elapsed after the date on which the resident could have filed a timely claim for said refund or rebate, the comptroller is appointed agent of such resident to apply for said refund or rebate and is authorized to do any act which a natural person could do to recover said money.  When the comptroller files an application or initiates any other proceeding to secure said refund or rebate, the comptroller is coupled with an interest in the money sought and money recovered.  All property within this provision, including all principal and interest accruing thereon, is declared to have escheated and to have become the property of the state.(b)  The funds escheated by the state pursuant to this provision shall be given notice as provided by Section 74.201.  Title to any such property shall be transferred by the state to any persons who in accordance with Subchapter F can show that the property belonged to them immediately prior to the escheat or that they were heirs to those funds immediately prior to the escheat.|Added by Acts 1997, 75th Leg., ch. 1037, Sec. 25, eff. Sept. 1, 1997.|
TX Prop § 74.307 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter D. Delivery|Section 74.307. List of Owners; Other Public Information

Sec. 74.307.  LIST OF OWNERS; OTHER PUBLIC INFORMATION.  (a)  The comptroller shall compile and revise each year:(1)  except as to amounts reported in the aggregate, an alphabetical list of the names and last known addresses of the owners listed in the reports and the amount credited to each account; and(2)  an alphabetical list by county of:(A)  the number of reports filed under Section 74.101 for mineral proceeds attributable to all wells located in each respective county; and(B)  the aggregate amount of mineral proceeds reported under Section 74.101 attributable to all wells, if any, located in each respective county.(b)  The comptroller shall make the lists available for public inspection during all reasonable business hours.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 25, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.19, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 480 (S.B. 1589), Sec. 4, eff. January 1, 2016.|
TX Prop § 74.308 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter D. Delivery|Section 74.308. Period of Limitation Not a Bar

Sec. 74.308.  PERIOD OF LIMITATION NOT A BAR.  The expiration, on or after September 1, 1987, of any period specified by contract, statute, or court order, during which an action or proceeding may be initiated or enforced to obtain payment of a claim for money or recovery of property, does not prevent the money or property from being presumed abandoned property and does not affect any duty to file a report required by this chapter or to pay or deliver abandoned property to the comptroller.|Added by Acts 1987, 70th Leg., ch. 426, Sec. 5, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 25, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.20, eff. Sept. 1, 1997.|
TX Prop § 74.309 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter D. Delivery|Section 74.309. Private Escheat Agreements Prohibited

Sec. 74.309.  PRIVATE ESCHEAT AGREEMENTS PROHIBITED.  An individual, corporation, business association, or other organization may not act through amendment of articles of incorporation, amendment of bylaws, private agreement, or any other means to take or divert funds or personal property into income, divide funds or personal property among locatable patrons or stockholders, or divert funds or personal property by any other method for the purpose of circumventing the unclaimed property process.|Added by Acts 1987, 70th Leg., ch. 426, Sec. 5, eff. Sept. 1, 1987.|
TX Prop § 74.401 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter E. Disposition of Delivered Property|Section 74.401. Sale of Property

Sec. 74.401.  SALE OF PROPERTY.  (a)  Except as provided by Section 74.404, the comptroller may sell at public sale any personal property, other than money and marketable securities, delivered to the comptroller in accordance with Section 74.301.  The comptroller may conduct the sale at the location and in the manner that the comptroller determines affords the most favorable market for the particular property.(b)  The comptroller shall sell the property to the highest bidder.  If the comptroller determines that the highest bid is insufficient, the comptroller may decline that bid and offer the property for public or private sale.(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 13, eff. June 10, 2019.(d)  If after investigation the comptroller determines that property delivered under this chapter is not marketable or has insubstantial commercial value, the comptroller may destroy or otherwise dispose of the property at any time.(e)  A person may not maintain any action or proceeding against the state, an officer of the state, or the holder of property because of an action taken by the comptroller under this section.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 36, Sec. 3.04, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 26, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.21, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 800, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 6, eff. June 10, 2019.Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 13, eff. June 10, 2019.Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 8, eff. May 18, 2021.|
TX Prop § 74.402 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter E. Disposition of Delivered Property|Section 74.402. Notice of Sale

Sec. 74.402.  NOTICE OF SALE.  Before the 21st day preceding the day on which a public sale is held under Section 74.401, the comptroller shall publish notice of the sale in a newspaper of general circulation in Travis County or in the county where the sale is to be held.  If the public sale is to be held on the Internet or by an online auction, the comptroller may post the notice on the comptroller's own website before the seventh day preceding the date on which the sale or auction is held.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 36, Sec. 3.05, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 26, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.22, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1263, Sec. 80, eff. Sept. 1, 2001.|
TX Prop § 74.403 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter E. Disposition of Delivered Property|Section 74.403. Purchaser's Title

Sec. 74.403.  PURCHASER'S TITLE.  (a)  At a sale, public or private, of property that is held under this subchapter, the purchaser receives title to the purchased property free from all claims of the prior owner and prior holder of the property and all persons claiming through or under the owner or holder.(b)  The comptroller shall execute all documents necessary to complete the transfer of title.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 27, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.23, eff. Sept. 1, 1997.|
TX Prop § 74.404 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter E. Disposition of Delivered Property|Section 74.404. Sale of Military Awards and Decorations Prohibited

Sec. 74.404.  SALE OF MILITARY AWARDS AND DECORATIONS PROHIBITED.  (a)  In this section, "military award or decoration" means a military decoration for an act of valor, heroism, or exceptional service, a good conduct medal, a service medal, a service ribbon, or a badge, tab, certificate, or letter awarded in connection with military service.(b)  A military award or decoration delivered to the comptroller under this chapter:(1)  may not be sold under Section 74.401 or destroyed; and(2)  shall be delivered by the comptroller to the Texas military forces.(c)  The Texas military forces shall conduct a reasonable search of public records to locate the person to whom the military award or decoration was awarded.  If the department cannot locate the person, the department shall attempt to locate the person's next of kin.  If the department locates the person or the person's next of kin, the department shall deliver the award or decoration to the person or the person's next of kin, as applicable.(d)  If the Texas military forces cannot locate the person to whom a military award or decoration was awarded or the person's next of kin, the award or decoration shall be held in trust for the comptroller at:(1)  a museum established by the department; or(2)  if no museum exists, any other public facility designated by the department.(e)  Except as provided by this subsection, a military award or decoration held in trust by a museum or facility designated under Subsection (d) shall be used in a display or exhibit that honors persons who have served the state or nation in military service.  If the museum or facility cannot practically incorporate the award or decoration into an established display or exhibit of the museum or facility, the award or decoration shall be kept in a secure storage area or loaned to another museum for use in a display or exhibit that honors persons who have served the state or nation in military service.(f)  This section does not affect a person's right to claim a military award or decoration under Subchapter F.|Added by Acts 2001, 77th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.14, eff. September 1, 2013.|
TX Prop § 74.405 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter E. Disposition of Delivered Property|Section 74.405. Disposition of Securities

Sec. 74.405.  DISPOSITION OF SECURITIES.  (a)  The comptroller may sell or otherwise liquidate a security delivered to the comptroller under this chapter.(b)  The comptroller may not sell a security listed on an established stock exchange for less than the price prevailing on the exchange at the time of sale.  The comptroller may sell a security not listed on an established exchange by any commercially reasonable method.|Added by Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 9, eff. May 18, 2021.|
TX Prop § 74.502 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter F. Claim for Delivered Property|Section 74.502. Claim Filed With Holder

Sec. 74.502.  CLAIM FILED WITH HOLDER.  (a)  If a claim is filed with a holder under this section and the holder determines in good faith that the claim is valid, the holder may pay the amount of the claim.(b)  The comptroller shall reimburse the holder for a valid claim paid under this section.(c)  The request from a holder for reimbursement must be filed in accordance with procedures and on forms prescribed by the comptroller.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 851, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 28, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.25, eff. Sept. 1, 1997.|
TX Prop § 74.503 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter F. Claim for Delivered Property|Section 74.503. Waiver of Claim Requirement

Sec. 74.503.  WAIVER OF CLAIM REQUIREMENT.  The comptroller may waive the requirement of filing a claim and pay or deliver property directly to a person who does not file  a claim if:(1)  the person receiving the property is the reported owner of the property; (2)  the comptroller reasonably believes the person is entitled to receive the property or payment; and(3)  the property has a value of less than $5,000.|Added by Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 12, eff. May 18, 2021.|
TX Prop § 74.504 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter F. Claim for Delivered Property|Section 74.504. Hearing

Sec. 74.504.  HEARING.  (a)  The comptroller may hold a hearing and receive evidence concerning a claim filed under this subchapter.(b)  If the comptroller considers that a hearing is necessary to determine the validity of a claim, the comptroller shall sign the statement of the findings and the decision on the claim.  The statement shall report the substance of the evidence heard and the reasons for the decision.  The statement is a public record.(c)  If the comptroller determines that a claim is valid, the comptroller shall approve and sign the claim.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 36, Sec. 3.07, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 851, Sec. 3, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 29, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.27, eff. Sept. 1, 1997.|
TX Prop § 74.506 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter F. Claim for Delivered Property|Section 74.506. Appeal

Sec. 74.506.  APPEAL.  (a)  A person who has filed a claim that complies with Section 74.501(c) may appeal the decision of the comptroller on the claim before the 61st day after the day on which it was rendered.(b)  If a claim that complies with Section 74.501(c) has not been decided before the 91st day after the day on which it was filed, the claimant may file an appeal if, after the claimant provides notice by certified mail to the comptroller of the intent to file an appeal, the comptroller does not reach a decision on the claim on or before the 60th day after the date the notice is delivered to the comptroller. An appeal under this section must be made within one year of the date the claim was filed.(c)  An appeal under this section must be made by filing suit against the state in a district court in Travis County, Texas. The state's immunity from suit without consent is abolished with respect to suits brought under this section.(d)  A court shall try an action filed under this section de novo and shall apply the rules of practice of the court.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 30, eff. Sept. 1, 1997.Amended by: Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 13, eff. May 18, 2021.|
TX Prop § 74.507 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter F. Claim for Delivered Property|Section 74.507. Assistance of Claimant; Fee for Recovery

Sec. 74.507.  ASSISTANCE OF CLAIMANT; FEE FOR RECOVERY.  (a)  A person who informs a potential claimant that the claimant may be entitled to claim property that is reportable to the comptroller under this chapter, that has been reported to the comptroller, or that is in the possession of the comptroller may not contract for or receive from the claimant for services an amount that exceeds 10 percent of the value of the property recovered, plus reasonable attorney's fees necessary to pursue the claim. If the property involved is mineral proceeds, the amount for services may not include a portion of the underlying minerals or any production payment, overriding royalty, or similar payment.(b)  The person who informs a potential claimant and by contract or other written agreement is to receive a percentage of the value of the property may not file or receive a form to claim on behalf of a claimant.(c)  An agreement to assist a claimant in the recovery of property that is reportable to the comptroller, that has been reported to the comptroller, or that is in the possession of the comptroller under this chapter is enforceable only if the agreement:(1)  clearly states the nature of the property and the services to be provided;(2)  is signed by or on behalf of the claimant; and(3)  states the amount or value of the property reasonably expected to be recovered, computed before and after a fee or other compensation has been deducted. |Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 426, Sec. 5, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 36, Sec. 3.09, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 31, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.29, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1208, Sec. 4, eff. Sept. 1, 1999.Amended by: Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 14, eff. May 18, 2021.Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 15, eff. May 18, 2021.|