reglab/housing_qa huggingface dataset:
TX Prop § 74.508 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter F. Claim for Delivered Property|Section 74.508. Claim of Another State to Recover Property; Procedure

Sec. 74.508.  CLAIM OF ANOTHER STATE TO RECOVER PROPERTY;  PROCEDURE.  (a)  At any time after property has been paid or delivered to the comptroller under this chapter, another state may recover the property if:(1)  the property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was presumed abandoned under this chapter, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;(2)  the last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder are in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state;(3)  the records of the holder were erroneous in that they did not accurately reflect the actual owner of the property and the last known address of the actual owner is in the other state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;(4)  the property was subjected to custody by this state under Subdivision (6) of Subsection (a) of Section 72.001 and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state;  or(5)  the property is the sum payable on a traveler's check, money order, or other similar instrument that was subjected to custody by this state under Subdivision (4) and the instrument was purchased in the other state and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.(b)  The claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the comptroller, who shall decide the claim within 90 days after it is presented.  The comptroller shall allow the claim if he determines that the other state is entitled to the abandoned property under Subsection (a).|Added by Acts 1987, 70th Leg., ch. 426, Sec. 5, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 31, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.30, eff. Sept. 1, 1997.|
TX Prop § 74.509 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter F. Claim for Delivered Property|Section 74.509. Handling Fee for Processing Unclaimed Property

Sec. 74.509.  HANDLING FEE FOR PROCESSING UNCLAIMED PROPERTY.  A handling fee may be deducted from the amount of the claim payment if the payment is at least $100.|Added by Acts 1993, 73rd Leg., ch. 36, Sec. 3.10, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 31, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.31, eff. Sept. 1, 1997.|
TX Prop § 74.601 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter G. Unclaimed Money|Section 74.601. Unclaimed Money

Sec. 74.601.  UNCLAIMED MONEY.  (a)  The comptroller shall maintain a record that documents unclaimed money received under this chapter or any other statute requiring the delivery of unclaimed property to the comptroller.(b)  The comptroller shall deposit to the credit of the general revenue fund:(1)  all funds, including marketable securities, delivered to the comptroller under this chapter or any other statute requiring the delivery of unclaimed property to the comptroller;(2)  all proceeds from the sale of any property, including marketable securities, under this chapter;(3)  all funds that have escheated to the state under Chapter 71, except that funds relating to escheated real property shall be deposited according to Section 71.202;  and(4)  any income derived from investments of the unclaimed money.(c)  The comptroller shall keep a separate record and accounting for delivered unclaimed property, other than money, before its sale.(d)  Except as provided by Subsection (e), the comptroller shall from time to time invest the amount of unclaimed money in investments approved by law for the investment of state funds.(e)  The comptroller may use the proceeds from the sale of securities delivered under this chapter to buy, exchange, invest, or reinvest in marketable securities. When making or selling the investments, the comptroller shall exercise the judgment and care of a prudent person.(f)  The comptroller shall keep a separate record and accounting for securities delivered, sold, purchased, or exchanged and the proceeds and earnings from the securities.(g)  If an owner does not assert a claim for unclaimed money and the owner is reported to be the state or a state agency, the comptroller may deposit the unclaimed money to the credit of the general revenue fund.  The comptroller may establish procedures and adopt rules as necessary to implement this subsection.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 36, Sec. 3.11, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 32, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.32, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 232 (S.B. 1589), Sec. 4, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 685 (H.B. 257), Sec. 9, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 16, eff. May 18, 2021.|
TX Prop § 74.602 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter G. Unclaimed Money|Section 74.602. Use of Money

Sec. 74.602.  USE OF MONEY.  Except as provided by Section 381.004, Local Government Code, 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.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg. ch. 304, Sec. 1.40, eff. Jan. 1, 1992;  Acts 1993, 73rd Leg., ch. 27, Sec. 3, eff. April 13, 1993;  Acts 1993, 73rd Leg., ch. 36, Sec. 3.13, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 506, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1037, Sec. 32, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.33, eff. Sept. 1, 1997.|
TX Prop § 74.603 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter G. Unclaimed Money|Section 74.603. Audit; Appropriation

Sec. 74.603.  AUDIT;  APPROPRIATION.  The unclaimed money received under this chapter or any other statute requiring the delivery of unclaimed property to the comptroller is subject to audit by the State Auditor and to appropriation by the legislature for enforcing and administering this title.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 32, eff. Sept. 1, 1997.|
TX Prop § 74.701 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.701. Rules

Sec. 74.701.  RULES.  The comptroller may adopt rules necessary to carry out this title.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 33, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.34, eff. Sept. 1, 1997.|
TX Prop § 74.702 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.702. Examination of Records

Sec. 74.702.  EXAMINATION OF RECORDS.  (a)  For purposes of the application and enforcement of this title, the comptroller, the attorney general, or an authorized agent of either, may at any reasonable time and place, examine the books and records of any person to determine whether the person has complied with this title.(b)  The comptroller, the attorney general, or an agent of either may not make public any information obtained by an examination made under this section and may not disclose that information except in the course of a judicial proceeding, authorized by this chapter, in which the state is a party or pursuant to an agreement with another state allowing joint audits or the exchange of information obtained under this section.(c)  Subsection (a) applies to any books, records, papers, information, or other objects determined by the comptroller or attorney general to be necessary to conduct a complete examination under this title.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 21, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 36, Sec. 3.12, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 33, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.35, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 8, eff. June 10, 2019.|
TX Prop § 74.7021 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.7021. Limitation Period for Examination

Sec. 74.7021.  LIMITATION PERIOD FOR EXAMINATION.  (a)  The comptroller or attorney general may not begin an examination relating to the reporting, payment, or delivery of property under this chapter after the seventh anniversary of the date a person filed a property report under this title.(b)  The limitation provided by this section does not apply if:(1)  the person has filed a false or fraudulent property report with the intent to avoid delivery of property as required by this title;(2)  a property report for a period has not been filed; or(3)  a court grants a petition to compel the person to submit to an examination under this chapter, deliver property, or file a property report.(c)  For purposes of Subsection (b)(1), a person is presumed to have acted with intent to avoid delivery of property as required by this title if, after correction of a report, the amount of property to be delivered under this title exceeds the amount initially reported by at least 25 percent.|Added by Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 9, eff. June 10, 2019.|
TX Prop § 74.703 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.703. Additional Personnel

Sec. 74.703.  ADDITIONAL PERSONNEL.  (a)  The comptroller and the attorney general may employ, in the office of either official, additional personnel necessary to enforce this title.(b)  The salary rate of additional personnel may not exceed the rate paid to other state employees for similar services.(c)  The salaries of additional personnel shall be paid in accordance with Section 74.602.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th leg., ch. 1037, Sec. 34, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.36, eff. Sept. 1, 1997.|
TX Prop § 74.704 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.704. Assistance in Enforcement

Sec. 74.704.  ASSISTANCE IN ENFORCEMENT.  (a)  If the comptroller requests, the attorney general shall assist the comptroller in enforcing this title.(b)  If the comptroller or the attorney general requests, the state auditor, banking commissioner, securities commissioner, commissioner of insurance, savings and mortgage lending commissioner, Credit Union Commission, Department of Public Safety of the State of Texas, or Texas Workforce Commission, a district or county attorney, or any other state agency or political subdivision of this state shall assist the comptroller or attorney general in enforcing this title.(c)  Notwithstanding any other law, a state agency or political subdivision may not impose a charge for providing a copy of public information requested by the comptroller under this section.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th leg., ch. 1037, Sec. 35, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.37, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.065, eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 10, eff. June 10, 2019.|
TX Prop § 74.705 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.705. Interest

Sec. 74.705.  INTEREST.  A holder who fails to pay or deliver property within the time prescribed by this chapter shall pay to the comptroller interest, at an annual rate of 10 percent, on the property from the date the property should have been paid or delivered until the date the property is actually paid or delivered.(b)  to (e) Deleted by Acts 1997, 75th Leg., ch. 1037, Sec. 33, eff. Sept. 1, 1997.(f)  A person is exempt from payment of interest under Subsection (a)  if the person's action or omission is in connection with the person's official duties as an officer or employee of a political subdivision of this state.(g)  In this section, "person" does not include a local governmental entity or an officer or employee of a local governmental entity who is performing the officer's or employee's official duties for the local governmental entity.|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 1997, 75th Leg., ch. 483, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 888, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1037, Sec. 35, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.38, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 19.01(90), eff. Sept. 1, 1999.|
TX Prop § 74.706 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.706. Penalty

Sec. 74.706.  PENALTY.  (a)  A penalty equal to five percent of the value of the property due shall be imposed on a holder who fails to pay or deliver property within the time prescribed by this chapter.  If a holder fails to pay or deliver property before the 31st day after the date the property is due, an additional penalty equal to five percent of the value of the property due shall be imposed.(b)  For purposes of Subsection (a), "holder" does not include a local governmental entity or an officer or employee of a local governmental entity who is performing the officer's or employee's official duties for the local governmental entity.|Added by Acts 1997, 75th Leg., ch. 1037, Sec. 36, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 748, Sec. 1, eff. Sept. 1, 1999.|
TX Prop § 74.707 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.707. Waiver or Abatement of Penalty or Interest

Sec. 74.707.  WAIVER OR ABATEMENT OF PENALTY OR INTEREST.  (a)  The comptroller may waive penalty or interest, in whole or in part, imposed on delinquent property if the comptroller determines that the holder has made a good faith effort to comply with Chapters 72-75, or for other good cause.(b)  The comptroller may provide for periods during which a holder of delinquent property may report and remit the unclaimed property without paying a penalty or interest.(c)  The comptroller may waive penalty and interest imposed on delinquent property if the holder delivering the property was required to deliver the property on or before November 1, 1997.|Added by Acts 1997, 75th Leg., ch. 1037, Sec. 36, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 137, Sec. 1, eff. May 16, 2001.Amended by: Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 17, eff. May 18, 2021.|
TX Prop § 74.708 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.708. Property Held in Trust

Sec. 74.708.  PROPERTY HELD IN TRUST.  A holder who on March 1 holds property presumed abandoned under Chapters 72-75 holds the property in trust for the benefit of the state on behalf of the missing owner and is liable to the state for the full value of the property, plus any accrued interest and penalty.  A holder is not required by this section to segregate or establish trust accounts for the property provided the property is timely delivered to the comptroller in accordance with Section 74.301.|Added by Acts 1997, 75th Leg., ch. 1037, Sec. 36, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 685 (H.B. 257), Sec. 10, eff. January 1, 2013.|
TX Prop § 74.709 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.709. Suit to Compel Delivery of Property and Civil Penalties

Sec. 74.709.  SUIT TO COMPEL DELIVERY OF PROPERTY AND CIVIL PENALTIES.  (a)  On request of the comptroller, the attorney general shall bring an action in district court, in the name of the state, to compel a person to:(1)  permit examination of records in accordance with this chapter;(2)  deliver property; or(3)  file a property report.(b)  Venue for a suit brought under this section is in Travis County.(c)  The fact that a suit seeks enforcement of this section from more than one holder is not grounds for an objection concerning misjoinder of parties or causes of action.(d)  When introduced into evidence, the verified property report, unless rebutted, is sufficient evidence that the property is abandoned and subject to delivery under this chapter and for entry of a judgment transferring custody of the property to the comptroller.(e)  The attorney general, on behalf of the comptroller, may recover reasonable attorney's fees from the holder in addition to recovery of any unclaimed property accrued or a penalty or interest due.(f)  In addition to a penalty or interest assessed on delinquent property, a holder who fails to pay or deliver property or who fails to file a property report within the time prescribed by this chapter is subject to a civil penalty not to exceed $100 for each day of violation.|Added by Acts 1997, 75th Leg., ch. 1037, Sec. 36, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 11, eff. June 10, 2019.|
TX Prop § 74.710 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.710. Criminal Offense

Sec. 74.710.  CRIMINAL OFFENSE.  (a)  A holder commits an offense if the holder wilfully violates this chapter, including:(1)  failing to file a report in accordance with this chapter;(2)  failing to pay or deliver property in accordance with this chapter;  or(3)  refusing to permit examination of records in accordance with this chapter.(b)  An offense under this section is a Class B misdemeanor.|Added by Acts 1997, 75th Leg., ch. 1037, Sec. 36, eff. Sept. 1, 1997.|
TX Prop § 74.711 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.711. Authority to Take Testimony and Issue Administrative Subpoenas

Sec. 74.711.  AUTHORITY TO TAKE TESTIMONY AND ISSUE ADMINISTRATIVE SUBPOENAS.  (a)  To enforce this title, the comptroller may:(1)  take testimony;(2)  administer oaths; and(3)  issue subpoenas to compel any person to:(A)  appear and give testimony under oath at a time and place reasonable under the circumstances; or(B)  produce relevant books, records, documents, or other data, in whatever form, for audit, inspection, and copying.(b)  The comptroller may delegate the authority granted under this section to take testimony, administer oaths, and issue subpoenas to an attorney employed by the comptroller.(c)  A person authorized to serve process under the Texas Rules of Civil Procedure may serve a subpoena issued under this section.  The person shall serve the subpoena in accordance with the Texas Rules of Civil Procedure.|Added by Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 12, eff. June 10, 2019.|
TX Prop § 74.712 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 74 - Report, Delivery, and Claims Process|Subchapter H. Enforcement|Section 74.712. Enforcement of Subpoenas

Sec. 74.712.  ENFORCEMENT OF SUBPOENAS.  (a)  If the person to whom a subpoena is directed under Section 74.711 fails to comply with the subpoena, or fails to file a motion to quash or otherwise demand a pre-compliance review of the subpoena, within the return date specified in the subpoena, the attorney general shall, on the request of the comptroller, bring suit to enforce the subpoena.  The suit may be brought in a district court of Travis County.(b)  A court that determines that the subpoena was issued in good faith shall order compliance with the subpoena.  The court may apply penalties for civil and criminal contempt otherwise available at law if a person refuses to comply with the court's order.|Added by Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 12, eff. June 10, 2019.|
TX Prop § 75.001 (2021)
2021 Texas Statutes|Property Code|Title 6 - Unclaimed Property|Chapter 75 - Texas Minerals|Subchapter A. Applicability|Section 75.001. Definitions; Application of Chapter

Sec. 75.001.  DEFINITIONS;  APPLICATION OF CHAPTER.  (a)  In this chapter:(1)  "Mineral" means oil, gas, uranium, sulphur, lignite, coal, and any other substance that is ordinarily and naturally considered a mineral in this state, regardless of the depth at which the oil, gas, uranium, sulphur, lignite, coal, or other substance is found.(2)  "Mineral proceeds" includes:(A)  all obligations to pay resulting from the production and sale of minerals, including net revenue interests, royalties, overriding royalties, production payments, and joint operating agreements;  and(B)  all obligations for the acquisition and retention of a mineral lease, including bonuses, delay rentals, shut-in royalties, and minimum royalties.(3)  "Holder" means a person, wherever organized or domiciled, who is:(A)  in possession of property that belongs to another;(B)  a trustee;  or(C)  indebted to another on an obligation.(b)  This chapter applies to mineral proceeds and the owner's underlying right to receive those mineral proceeds if:(1)  the owner's underlying right to receive mineral proceeds is related to land located in this state;(2)  the mineral proceeds result from the production of minerals located in this state;  or(3)  the mineral proceeds are an obligation for the acquisition or retention of a mineral lease to produce minerals located in this state.(c)  A holder of property presumed abandoned under this chapter is subject to the procedures of Chapter 74.(d)  This chapter supplements other chapters in this title, and each chapter shall be followed to the extent applicable.|Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 426, Sec. 6, eff. Sept. 1, 1987.|