reglab/statecodes huggingface dataset:
2023 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, 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.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1134 (S.B. 658), Sec. 1, eff. September 1, 2023.
2023 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.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter G. Unclaimed Money › Section 74.604. Disposition of Money Delivered to Comptroller From Certain Attorney Accounts

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1134 (S.B. 658), Sec. 2, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 75 - Texas Minerals › Subchapter A. Applicability › Section 75.002. Transfer and Purchase of Mineral Interest on Mineral Proceeds

Sec. 75.002.  TRANSFER AND PURCHASE OF MINERAL INTEREST ON MINERAL PROCEEDS.  A person purchasing mineral proceeds of an owner whose name has been reported or is reportable to the comptroller shall provide documentation required by the comptroller to substantiate that the transfer is executed by the reported owner or the reported owner's legal agent.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 37, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 75 - Texas Minerals › Subchapter B. Presumption of Abandonment › Section 75.101. Presumption of Abandonment

Sec. 75.101.  PRESUMPTION OF ABANDONMENT.  (a)  All mineral proceeds that are held or owing by the holder and that have remained unclaimed by the owner for longer than three years after they became payable or distributable and the owner's underlying right to receive those mineral proceeds are presumed abandoned.
(b)  At the time any owner's underlying right to receive mineral proceeds is presumed abandoned under this section, any mineral proceeds then held for or owing to the owner as a result of the underlying right and any mineral proceeds accruing after that time as a result of the underlying right and not previously presumed abandoned are presumed abandoned.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 426, Sec. 7, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 75 - Texas Minerals › Subchapter B. Presumption of Abandonment › Section 75.102. Preservation of Property

Sec. 75.102.  PRESERVATION OF PROPERTY.  A holder of abandoned property shall preserve that property and may not by any procedure, including a deduction for service, maintenance, or other charge, transfer, convert, or reduce the property to the profits or assets of the holder.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter A. General Provisions › Section 76.001. Applicability

Sec. 76.001.  APPLICABILITY. (a)  This chapter applies only to the holder of property if:
(1)  the holder is a:
(A)  school district;
(B)  municipality;
(C)  county; or
(D)  junior college that has, in the manner described by Subsection (b), opted to handle property described by Subdivision (2) in accordance with this chapter; and
(2)  the property is:
(A)  presumed abandoned under Chapter 72 or 75; and
(B)  valued at $100 or less.
(b)  This chapter applies to a junior college only if the governing board of the junior college takes formal action to opt to handle property described by Subsection (a)(2) in accordance with this chapter.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1015, Sec. 1, eff. Sept. 1, 2000.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 478 (H.B. 650), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter A. General Provisions › Section 76.002. Officers and Representatives

Sec. 76.002.  OFFICERS AND REPRESENTATIVES.  In this chapter:
(1)  a reference to the treasurer of a holder includes a person performing the duties of the treasurer of a holder in a school district, municipality, or county in which the office of treasurer does not exist;
(2)  a reference to the chief fiscal officer of a holder includes a person performing the duties of the chief fiscal officer of a holder in a school district, municipality, or county in which the office of chief fiscal officer does not exist;  and
(3)  a reference to the attorney for a holder includes an attorney designated by the governing body of the holder to represent the holder.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1015, Sec. 2, eff. Sept. 1, 2000.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter B. Property Report › Section 76.101. Property Report

Sec. 76.101.  PROPERTY REPORT.  (a)  Each holder who on June 30 holds property subject to this chapter shall file a report of that property on or before the following November 1.  Each report shall be filed with the treasurer of the holder as provided by this section and on forms prescribed by the treasurer of the holder.
(b)  A holder required by Subsection (a) to file a report shall file a report each successive year regardless of whether the holder has any reportable property on June 30 of the year in which the report is filed.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter B. Property Report › Section 76.102. Verification

Sec. 76.102.  VERIFICATION.  (a)  The person preparing a property report shall place at the end of each copy of the report a verification made under oath and executed by the chief fiscal officer of the holder, as designated by the holder.
(b)  The verification must include the following sentence:  "This report contains a full and complete list of all property held by the undersigned that, from the knowledge and records of the undersigned, is abandoned under the laws of the State of Texas."
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter B. Property Report › Section 76.103. Retention of Records

Sec. 76.103.  RETENTION OF RECORDS.  (a)  The holder required to file a property report shall keep a record of:
(1)  the name and last known address of each person who, from the records of the holder, appears to be the owner of the property;
(2)  a brief description of the property, including the identification number of the account, if any;  and
(3)  the balance of each account, if appropriate.
(b)  The record must be kept until the 10th anniversary of the date on which the property is reportable.
(c)  The treasurer of the holder may provide for a shorter period for keeping a record required by this section.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter B. Property Report › Section 76.104. Confidentiality of Property Report

Sec. 76.104.  CONFIDENTIALITY OF PROPERTY REPORT.  (a)  Except as provided by this chapter, a property report filed with the treasurer of the holder is confidential until the second anniversary of the date the report is filed.
(b)  Notwithstanding other law, the social security number of an owner that is reported to the treasurer of the holder is confidential.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter C. Notice › Section 76.201. Published Notice

Sec. 76.201.  PUBLISHED NOTICE.  (a)  Except as provided by Subsections (b) and (e), the treasurer of a holder shall publish a notice in a newspaper in the calendar year immediately following the year in which the property report is filed.  The newspaper must be a newspaper of general circulation in the jurisdiction of the holder.
(b)  The treasurer of the holder may use a method of publishing notice that is different from that prescribed by Subsection (a) if the treasurer determines that the different method would be as likely as the prescribed method to give actual notice to the person required to be named in the notice.
(c)  The published notice must state that the reported property is presumed abandoned and subject to this chapter and must contain:
(1)  a statement that, by addressing an inquiry to the treasurer of the holder, any person possessing a legal or beneficial interest in the reported property may obtain information concerning the amount of the property;  and
(2)  a statement that the owner may present proof of the claim to the treasurer of the holder and establish the owner's right to receive the property.
(d)  The treasurer of a holder may offer for sale space for suitable advertisements in a notice published under this section.  Proceeds from the sale of the advertising space shall be used to defray the cost of publishing the notices, with the remaining amount, if any, to be deposited to the credit of the unclaimed money fund.
(e)  In the notice required by this section, the treasurer of the holder may publish other information regarding property if the treasurer determines that publication of that information is in the public interest.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter C. Notice › Section 76.202. Notice to Owner

Sec. 76.202.  NOTICE TO OWNER.  (a)  During the calendar year immediately following the year in which the property report is filed, the treasurer of the holder may mail a notice to each person who has an address in this state and appears to be entitled to the reported property.
(b)  The notice must contain:
(1)  a statement that property is being held by the treasurer of the holder to which the addressee appears to be entitled;  and
(2)  a statement that the owner may present proof of the claim to the treasurer of the holder and establish the owner's right to receive the property.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter C. Notice › Section 76.203. Notice That Accounts Are Subject to This Chapter

Sec. 76.203.  NOTICE THAT ACCOUNTS ARE SUBJECT TO THIS CHAPTER.  Publication of notice in accordance with Section 76.201 is notice to the owner by the holder that the reported property is subject to this chapter.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter C. Notice › Section 76.204. Charge for Notice

Sec. 76.204.  CHARGE FOR NOTICE.  The treasurer of the holder may charge the following against the property delivered under this chapter:
(1)  expenses incurred for the publication of notice required by Section 76.201;  and
(2)  the amount paid in postage for the notice to the owner required by Section 76.202.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter D. Delivery › Section 76.301. Delivery of Property to Treasurer

Sec. 76.301.  DELIVERY OF PROPERTY TO TREASURER.  (a)  Each holder who on June 30 holds property that is subject to this chapter shall deliver the property to the treasurer of the holder on or before the following November 1 accompanied by the property report.
(b)  If the property subject to delivery under Subsection (a) is stock or some other intangible ownership interest in a business association for which there is no evidence of ownership, the holder shall issue a duplicate certificate or other evidence of ownership to the treasurer of the holder at the time delivery is required under this section.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter D. Delivery › Section 76.302. Verification of Delivered Property

Sec. 76.302.  VERIFICATION OF DELIVERED PROPERTY.  (a)  Property delivered under Section 76.301 must be accompanied by a verification under oath 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 verification required by Subsection (a) shall be signed by the chief fiscal officer of the holder, as designated by the holder.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter D. Delivery › Section 76.303. List of Owners

Sec. 76.303.  LIST OF OWNERS.  (a)  The treasurer of the holder shall compile and revise each year an alphabetical list of names and last known addresses of the owners listed in the reports and the amount credited to each account.
(b)  The treasurer of the holder shall make the list available for public inspection during all reasonable business hours.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter D. Delivery › Section 76.304. Period of Limitation Not a Bar

Sec. 76.304.  PERIOD OF LIMITATION NOT A BAR.  The expiration of any period specified by statute or court order, during which an action or proceeding may be initiated or entered to obtain payment of a claim for money, does not prevent the money from being presumed abandoned property and does not affect any duty to file a report required by this chapter or to deliver abandoned property to the treasurer of the holder.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter E. Disposition of Delivered Property › Section 76.401. Sale of Property

Sec. 76.401.  SALE OF PROPERTY.  (a)  Except as provided by Subsection (c), the treasurer of the holder shall sell at public sale all personal property, other than money and marketable securities, delivered to the treasurer of the holder in accordance with Section 76.301.  The treasurer of the holder shall conduct the sale in the holder's jurisdiction.
(b)  The treasurer of the holder shall sell the property to the highest bidder.  If the treasurer of the holder determines that the highest bid is insufficient, the treasurer of the holder may decline that bid and offer the property for public or private sale.
(c)  The treasurer of the holder is not required to offer property for sale if the property belongs to a person with an address outside this state or the treasurer of the holder determines that the probable cost of the sale of the property exceeds its value.
(d)  If after investigation the treasurer of the holder determines that property delivered has insubstantial commercial value, the treasurer of the holder 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 treasurer of the holder under this section.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter E. Disposition of Delivered Property › Section 76.402. Notice of Sale

Sec. 76.402.  NOTICE OF SALE.  Before the 21st day before the day on which a public sale is held under Section 76.401, the treasurer of the holder shall publish notice of the sale in a newspaper of general circulation in the county where the sale is to be held.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter E. Disposition of Delivered Property › Section 76.403. Purchaser's Title

Sec. 76.403.  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 treasurer of the holder shall execute all documents necessary to complete the transfer of title.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter F. Claim for Delivered Property › Section 76.501. Filing of Claim

Sec. 76.501.  FILING OF CLAIM.  (a)  A claim for property delivered to the treasurer of the holder under this chapter must be filed with the treasurer of the holder.
(b)  All claims to which this section applies must be filed in accordance with procedures and on forms prescribed by the treasurer of the holder.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter F. Claim for Delivered Property › Section 76.502. Consideration of Claim

Sec. 76.502.  CONSIDERATION OF CLAIM.  The treasurer of the holder shall consider the validity of each claim filed under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter F. Claim for Delivered Property › Section 76.503. Hearing

Sec. 76.503.  HEARING.  (a)  The treasurer of the holder may hold a hearing and receive evidence concerning a claim filed under this subchapter.
(b)  If the treasurer of the holder considers that a hearing is necessary to determine the validity of a claim, the treasurer of the holder 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 treasurer of the holder determines that a claim is valid, the treasurer of the holder shall approve and sign the claim.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter F. Claim for Delivered Property › Section 76.504. Payment of Claim

Sec. 76.504.  PAYMENT OF CLAIM.  (a)  If a claim has been approved under this subchapter, the treasurer of the holder shall pay the claim.
(b)  If a claim is for personal property other than money and has been approved under this subchapter, the treasurer of the holder promptly shall deliver the property to the claimant unless the treasurer of the holder has sold the property.  If the property has been sold under Section 76.401, the treasurer of the holder shall pay to the claimant the proceeds from the sale.
(c)  Costs of publication and postage shall be deducted from the amounts paid under this section, but deductions for any costs of administration or service charges may not be made.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter F. Claim for Delivered Property › Section 76.505. Appeal

Sec. 76.505.  APPEAL.  (a)  A person aggrieved by the decision on a claim filed under this subchapter may appeal the decision before the 61st day after the date the decision was rendered.
(b)  If a claim has not been decided before the 91st day after the date the claim was filed, the claimant may appeal within the 60-day period beginning on the 91st day after the date of filing.
(c)  An appeal under this section must be made by filing suit against the holder in a district court in the county in which the claimed property is located.  The holder's immunity from suit without consent is waived with respect to a suit 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 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter F. Claim for Delivered Property › Section 76.506. Fee for Recovery

Sec. 76.506.  FEE FOR RECOVERY.  A person who informs a potential claimant that the claimant may be entitled to claim property that is reportable to the treasurer of the holder under this chapter, that has been reported to the treasurer of the holder, or that is in the possession of the treasurer of the holder may not contract for or receive from the claimant for services an amount that exceeds 10 percent of the value of the property recovered.  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.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter F. Claim for Delivered Property › Section 76.507. Claim of Another State to Recover Property; Procedure

Sec. 76.507.  CLAIM OF ANOTHER STATE TO RECOVER PROPERTY;  PROCEDURE.  (a)  At any time after property has been paid or delivered to the treasurer of the holder under this chapter, another state may recover the property if:
(1)  the property was subjected to custody by the holder 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, is 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;  or
(3)  the records of the holder were erroneous in that the records 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.
(b)  The claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the treasurer of the holder, who shall decide the claim within 90 days after the date it is presented.  The treasurer of the holder shall allow the claim if the treasurer of the holder determines that the other state is entitled to the abandoned property under Subsection (a).
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter G. Unclaimed Money Fund › Section 76.601. Fund

Sec. 76.601.  FUND.  (a)  The treasurer of the holder shall maintain a fund known as the unclaimed money fund.
(b)  The treasurer of the holder shall deposit to the credit of the fund:
(1)  all funds, including marketable securities, delivered to the treasurer of the holder under this chapter or any other statute requiring the delivery of unclaimed property to the treasurer of the holder;
(2)  all proceeds from the sale of any property, including marketable securities, under this chapter;  and
(3)  any income derived from investments of the fund.
(c)  The treasurer of the holder shall keep a separate record and accounting for delivered unclaimed property, other than money, before its sale.
(d)  The treasurer of the holder shall from time to time invest the amount in the unclaimed money fund in investments approved by law for the investment of funds by the holder.
(e)  The treasurer of the holder may from time to time sell securities in the fund, including stocks, bonds, and mutual funds, and use the proceeds to buy, exchange, invest, or reinvest in marketable securities.  When making the investments, the treasurer of the holder shall exercise the judgment and care of a prudent person.
(f)  The treasurer of the holder shall keep a separate record and accounting for securities delivered, sold, purchased, or exchanged and the proceeds and earnings from the securities.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter G. Unclaimed Money Fund › Section 76.602. Use of Fund

Sec. 76.602.  USE OF FUND.  (a)  The treasurer of the holder shall use the unclaimed money fund to pay the claims of persons establishing ownership of property in the possession of the treasurer of the holder under this chapter or under any other unclaimed property or escheat statute.
(b)  Each fiscal year after deducting funds sufficient to pay anticipated expenses and claims of the unclaimed money fund, the treasurer of the holder shall transfer the remainder to the general fund of the holder.
(c)  The treasurer of the holder and the attorney for the holder may use the unclaimed money fund generally for the enforcement and administration of this chapter, including the expenses of forms, notices, examinations, travel, court costs, supplies, equipment, and employment of necessary personnel and other necessary expenses.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter G. Unclaimed Money Fund › Section 76.603. Audit; Budget

Sec. 76.603.  AUDIT;  BUDGET.  The unclaimed money fund is subject to:
(1)  audit by the auditor of the holder or an independent auditor if the holder does not have an auditor;  and
(2)  budgetary procedures adopted by the governing body of the holder.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter H. Enforcement › Section 76.701. Rules

Sec. 76.701.  RULES.  The treasurer of the holder may adopt rules necessary to carry out this chapter.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter H. Enforcement › Section 76.702. Examination of Records

Sec. 76.702.  EXAMINATION OF RECORDS.  (a)  To enforce this chapter and to determine whether reports have been made as required by this chapter, the treasurer of the holder, at any reasonable time, may examine the books and records of the holder.
(b)  The treasurer of the holder, attorney for the holder, or an agent of either person may not make public any information obtained by an examination made under this section and may not disclose that information except:
(1)  in the course of a judicial proceeding authorized by this chapter in which the holder is a party;  or
(2)  under an agreement with another state allowing joint audits or the exchange of information obtained under this section.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.