reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 76 - Report, Delivery, and Claims Process for Certain Property › Subchapter H. Enforcement › Section 76.703. Additional Personnel

Sec. 76.703.  ADDITIONAL PERSONNEL.  (a)  The treasurer of the holder and the attorney for the holder may employ, in the office of either person, additional personnel necessary to enforce this chapter.
(b)  The salary rate of additional personnel may not exceed the rate paid to other employees of the holder for similar services.
(c)  The salaries of additional personnel shall be paid in accordance with Section 76.602.
(d)  The provisions of this section are subject to the 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 76.704. Offense

Sec. 76.704.  OFFENSE.  (a)  A person commits an offense if the person:
(1)  wilfully fails to file a report required by this chapter;
(2)  refuses to permit examination of records in accordance with this chapter;
(3)  makes a deduction from or a service charge against a dormant account or dormant deposit of funds;  or
(4)  violates any other provision of this chapter.
(b)  An offense under this section is punishable by:
(1)  a fine of not less than $500 or more than $1,000;
(2)  confinement in jail for a term not to exceed six months;  or
(3)  both the fine and confinement.
(c)  In addition to a criminal penalty, a person who commits an offense under Subsection (a) is subject to a civil penalty not to exceed $100 for each day of the violation.  The attorney for the holder shall collect the civil penalty by bringing suit in a district court of the county in which the holder is located.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter A. Applicability › Section 77.001. Applicability

Sec. 77.001.  APPLICABILITY.  This chapter applies to unclaimed restitution payments that are presumed abandoned under Section 76.013 or 508.322, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter B. Property Report › Section 77.051. Property Report

Sec. 77.051.  PROPERTY REPORT.  (a)  Notwithstanding the confidentiality provisions of Subchapters C, D, E, and F, Chapter 58, Code of Criminal Procedure, each holder who on March 1 holds an unclaimed restitution payment that is presumed abandoned under Section 76.013 or 508.322, Government Code, shall file a property report with the comptroller on or before the following July 1.  The comptroller may prescribe the form to be used for the report required by this section and may require the report to be filed electronically.
(b)  The property report must include, if known by the holder:
(1)  the name, social security number, driver's license or state identification number, e-mail address, and last known address of the victim who, from the records of the holder, is entitled to the unclaimed restitution payment;
(2)  the cause number of the case in which a judge ordered a defendant to pay restitution to the victim, the amount of restitution ordered, and the balance owed to the victim;
(3)  the date of the last transaction with the victim concerning the restitution payments; and
(4)  other information that the comptroller requires to be disclosed as necessary for the administration of this chapter.
(c)  A holder who is required by Subsection (a) to file a report in any year shall file a report each successive year thereafter.  If a person required to file a report under this subsection is not holding any restitution payments that are presumed abandoned under Section 76.013 or 508.322, Government Code, the person shall certify that the person is not holding any restitution payments that are presumed abandoned under those sections.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.61, eff. January 1, 2021.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter B. Property Report › Section 77.052. Notice by Holder Required

Sec. 77.052.  NOTICE BY HOLDER REQUIRED.  A holder who on March 1 holds an unclaimed restitution payment that is presumed abandoned under Section 76.013 or 508.322, Government Code, shall, on or before the following May 1, mail to the last known address of the victim entitled to the unclaimed restitution payment written notice stating that:
(1)  the holder is holding the restitution payment to which the victim is entitled; and
(2)  the holder may be required to deliver the restitution payment to the comptroller on or before July 1 if the victim does not claim the restitution payment.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter B. Property Report › Section 77.053. Signed Statement

Sec. 77.053.  SIGNED STATEMENT.  (a)  The person preparing a property report required by this chapter shall provide with each copy of the report a statement signed by the holder's chief fiscal officer, as designated by the holder. The signature required by this section may be in an electronic or other form prescribed by the comptroller and shall have the same effect as an original signature.
(b)  The statement must include the following sentence:
"This report contains a full and complete list of all restitution payments held by the undersigned that, from the knowledge and records of the undersigned, are abandoned under the laws of the State of Texas."
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter B. Property Report › Section 77.054. Confidentiality of Property Report

Sec. 77.054.  CONFIDENTIALITY OF PROPERTY REPORT.  (a)  The property report filed with the comptroller under Section 77.051 is confidential and is not subject to disclosure under Chapter 552, Government Code.
(b)  The social security number, driver's license or state identification number, and address of a victim are confidential and are not subject to disclosure under Chapter 552, Government Code.  For the purposes of this subsection, the victim's address includes information that identifies a victim's place of residence or post office box but does not include the city or county in which the victim resides.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter B. Property Report › Section 77.055. Exception to Liability

Sec. 77.055.  EXCEPTION TO LIABILITY.  (a)  It is an exception to the application of Section 552.352, Government Code, that the comptroller or an officer or employee of the comptroller's office published or disclosed information in reliance on the report filed with the comptroller under Section 77.051.
(b)  The comptroller or an officer or employee of the comptroller's office is immune from any civil liability for publishing or disclosing confidential information under this section if the comptroller, officer, or employee published or disclosed the information in reliance on the report filed with the comptroller under Section 77.051.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter C. Notice by Comptroller › Section 77.101. Notice

Sec. 77.101.  NOTICE.  The comptroller may use one or more methods as necessary to provide the most efficient and effective notice to victims that the comptroller is holding unclaimed restitution payments that are subject to this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter C. Notice by Comptroller › Section 77.102. Publication

Sec. 77.102.  PUBLICATION.  Notwithstanding Section 77.054, the comptroller may publish on the Internet information regarding unclaimed restitution payments received by the comptroller, except that the comptroller may not publish information that identifies a person as a victim or information that identifies a victim's address.  For the purposes of this subsection, the victim's address includes information that identifies a victim's place of residence or post office box but does not include the city or county in which the victim resides.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter D. Delivery › Section 77.151. Delivery of Property to Comptroller

Sec. 77.151.  DELIVERY OF PROPERTY TO COMPTROLLER.  Each holder who on March 1 holds an unclaimed restitution payment that is presumed abandoned under Section 76.013 or 508.322, Government Code, shall deliver the property to the comptroller on or before the following July 1 accompanied by the report required to be filed under Section 77.051.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter D. Delivery › Section 77.152. Responsibility After Delivery

Sec. 77.152.  RESPONSIBILITY AFTER DELIVERY.  (a)  If an unclaimed restitution payment that is presumed abandoned under Section 76.013 or 508.322, Government Code, is reported and delivered to the comptroller, the state shall assume custody of the payment and responsibility for its safekeeping.
(b)  A holder who delivers an unclaimed restitution payment to the comptroller in compliance with this chapter is relieved of all liability to the extent of the value of the payment delivered for any claim then existing, that may arise after delivery to the comptroller, or that may be made with respect to the payment.
(c)  If the holder delivers an unclaimed restitution payment to the comptroller in good faith and, after delivery, a person claims the property from the holder, the attorney general shall, on written notice of the claim, defend the holder against the claim, and the holder shall be indemnified against any liability on the claim.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter E. Claim for Delivered Property › Section 77.202. Claims Not Assignable

Sec. 77.202.  CLAIMS NOT ASSIGNABLE.  Notwithstanding Section 9.406(f), Business & Commerce Code, an interest in a claim under this chapter may not be assigned.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter E. Claim for Delivered Property › Section 77.203. Claim Filed With Holder

Sec. 77.203.  CLAIM FILED WITH HOLDER.  (a)  If a claim for an unclaimed restitution payment 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 may 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 and may not exceed the amount previously reported and delivered by the holder to the comptroller.
(d)  The comptroller may not reimburse a holder for a claim paid to a person the comptroller is not permitted to pay under Section 77.201(e).
(e)  The liability of the comptroller to reimburse a holder under this section is limited to the extent of the property delivered under this chapter and remaining in the possession of the comptroller at the time a holder requests reimbursement.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter E. Claim for Delivered Property › Section 77.204. Appeal

Sec. 77.204.  APPEAL.  (a)  A person aggrieved by the decision of a claim filed under this chapter may appeal the decision before the 61st day after the day on which it was rendered.
(b)  If a claim has not been decided before the 91st day after the day on which it was filed, the claimant may appeal within the 60-day period beginning on the 91st day after the day of filing.
(c)  An appeal under this section must be made by filing suit against the state in a district court in Travis County.
(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 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter E. Claim for Delivered Property › Section 77.205. Limitation of Liability

Sec. 77.205.  LIMITATION OF LIABILITY.  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.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter E. Claim for Delivered Property › Section 77.206. Fee for Recovery

Sec. 77.206.  FEE FOR RECOVERY.  (a)  A person who informs a potential claimant that the claimant may be entitled to claim property under this chapter may not contract for or receive from the claimant for services an amount that exceeds 10 percent of the value of the property recovered.
(b)  A person who receives a fee for recovery from a claimant that exceeds 10 percent of the value of the property recovered is liable to the claimant for the amount of the fee plus attorney's fees and expenses.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter F. Unclaimed Payments › Section 77.251. Unclaimed Restitution Payments

Sec. 77.251.  UNCLAIMED RESTITUTION PAYMENTS.  (a)  The comptroller shall maintain a record that documents unclaimed restitution payments received under this chapter.
(b)  The comptroller shall deposit all unclaimed restitution payments to the credit of the compensation to victims of crime auxiliary fund in the state treasury.
(c)  Income or interest derived from unclaimed restitution payments deposited in the fund shall remain in the compensation to victims of crime auxiliary fund.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter F. Unclaimed Payments › Section 77.252. Use of Money

Sec. 77.252.  USE OF MONEY.  (a)  Except as provided by Subsection (b) and Chapter 56B, Code of Criminal Procedure, money in the compensation to victims of crime auxiliary fund may only be used to pay claims as provided by this chapter and is not available for any other purpose.  Section 403.095, Government Code, does not apply to the fund.
(b)  The legislature may appropriate money in the compensation to victims of crime auxiliary fund to cover costs incurred by the comptroller in administering this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.62, eff. January 1, 2021.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter F. Unclaimed Payments › Section 77.253. Excess Claims

Sec. 77.253.  EXCESS CLAIMS.  The comptroller may pay a claim under this chapter that is more than the money available in the compensation to victims of crime auxiliary fund using funds appropriated by the legislature for paying claims under this title.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter G. Enforcement › Section 77.301. Rules

Sec. 77.301.  RULES.  The comptroller may adopt rules necessary to carry out this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter G. Enforcement › Section 77.302. Examination of Records

Sec. 77.302.  EXAMINATION OF RECORDS.  (a)  To enforce this chapter and to determine whether reports have been made as required by this chapter, 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 holder.
(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 under an agreement with another state allowing joint audits or the exchange of information obtained under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter G. Enforcement › Section 77.303. Authority to Take Testimony and Issue Administrative Subpoenas

Sec. 77.303.  AUTHORITY TO TAKE TESTIMONY AND ISSUE ADMINISTRATIVE SUBPOENAS.  (a)  In addition to the authority to examine granted by Section 77.302, to enforce this chapter and to determine whether reports have been made as required by this chapter, the comptroller, or the comptroller's designee, may take testimony, administer oaths, and issue subpoenas to compel any person, at a time and place reasonable under the circumstances, to appear and give testimony, and to produce relevant books, records, documents, or other data, in whatever form, for audit, inspection, and copying.
(b)  A person authorized to serve process under the Texas Rules of Civil Procedure may serve a subpoena issued under Subsection (a).  The person shall serve the subpoena in accordance with the Texas Rules of Civil Procedure.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter G. Enforcement › Section 77.304. Enforcement of Subpoenas

Sec. 77.304.  ENFORCEMENT OF SUBPOENAS.  (a)  If the person to whom a subpoena is directed under Section 77.303 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 state district court where service may be obtained on the person refusing to testify or produce records.
(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 where a person refuses to comply with the court's order.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter G. Enforcement › Section 77.305. Venue for Pre-Compliance Review

Sec. 77.305.  VENUE FOR PRE-COMPLIANCE REVIEW.  A person receiving a subpoena under this chapter may, before the return date specified in the subpoena, petition a district court in Travis County for an order to modify or quash the subpoena.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter G. Enforcement › Section 77.306. Assistance in Enforcement

Sec. 77.306.  ASSISTANCE IN ENFORCEMENT.  If the comptroller or attorney general requests, any state agency, county clerk, district clerk, county attorney, or district attorney shall assist the comptroller or attorney general in enforcing this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter G. Enforcement › Section 77.307. Penalty

Sec. 77.307.  PENALTY.  A penalty equal to five percent of the value of the unclaimed restitution payment due shall be imposed on a holder who fails to pay or deliver the payment within the time prescribed by this chapter.  If a holder fails to pay or deliver an unclaimed restitution payment before the 121st day after the date the payment is due, an additional penalty equal to five percent of the value of the payment due shall be imposed.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 77 - Report, Delivery, and Claims Process for Unclaimed Restitution Payments › Subchapter G. Enforcement › Section 77.308. Waiver or Abatement of Penalty

Sec. 77.308.  WAIVER OR ABATEMENT OF PENALTY.  The comptroller may waive any penalty or interest imposed under this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6A - Property Loaned to Museums › Chapter 80 - Ownership, Conservation, and Disposition of Property Loaned to Museum › Section 80.001. Purposes

Sec. 80.001.  PURPOSES.  The purposes of this chapter are to establish the ownership of loaned cultural property that has been abandoned by the lender, to establish uniform procedures for the termination of loans of property to museums, to allow museums to conserve loaned property under certain conditions, and to limit actions to recover loaned property.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 6A - Property Loaned to Museums › Chapter 80 - Ownership, Conservation, and Disposition of Property Loaned to Museum › Section 80.002. Definitions

Sec. 80.002.  DEFINITIONS.  In this chapter:
(1)  "Museum" means an institution located in this state and operated by a nonprofit corporation or public agency, primarily educational, scientific, or aesthetic in purpose, that owns, borrows, or cares for and studies, archives, or exhibits property.
(2)  "Lender" means a person whose name appears on the records of a museum as the person entitled to property held or owed by the museum.
(3)  "Loan," "loaned," and "on loan" include all deposits of property with a museum that are not accompanied by a transfer of title to the property.
(4)  "Property" or "cultural property" means all tangible objects, animate and inanimate, under a museum's care that have intrinsic, scientific, historic, artistic, or cultural value.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 6A - Property Loaned to Museums › Chapter 80 - Ownership, Conservation, and Disposition of Property Loaned to Museum › Section 80.003. Notice to Lender

Sec. 80.003.  NOTICE TO LENDER.  (a)  If a museum is required to give a lender notice under this chapter, the museum is considered to have given the lender notice if the museum mails the notice to the lender at the lender's address and proof of receipt is received by the museum within 30 days after the date the notice is mailed.
(b)  If the museum does not have an address for the lender or if proof of receipt is not received by the museum, the notice is considered to be given if the museum publishes notice at least once a week for two consecutive weeks in a newspaper of general circulation in both the county in which the museum is located and the county of the lender's address, if known.
(c)  In addition to any other information prescribed by this chapter, notices given under this chapter must contain, if known, the lender's name, the lender's address, the date of the loan, and the name, address, and telephone number of the appropriate office or official to be contacted at the museum for information regarding the loan.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 6A - Property Loaned to Museums › Chapter 80 - Ownership, Conservation, and Disposition of Property Loaned to Museum › Section 80.004. Abandoned Property; Notice; Title to Property

Sec. 80.004.  ABANDONED PROPERTY;  NOTICE;  TITLE TO PROPERTY.  (a)  Unless there is a written unexpired loan agreement to the contrary, any property on loan to a museum for 15 years or more and to which no person has made claim according to the records of the museum is considered abandoned and, notwithstanding Chapter 72, becomes the property of the museum if the museum has given the lender notice in accordance with Section 80.003.
(b)  If no valid claim has been made to the property within 65 days after the date of the last notice given under Section 80.003, title to the property vests in the museum free from all claims of the owner and all persons claiming through or under the owner.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 6A - Property Loaned to Museums › Chapter 80 - Ownership, Conservation, and Disposition of Property Loaned to Museum › Section 80.005. Intent to Terminate Loan; Form; Transformation of Specified Term to Indefinite Term

Sec. 80.005.  INTENT TO TERMINATE LOAN;  FORM;  TRANSFORMATION OF SPECIFIED TERM TO INDEFINITE TERM.  (a)  A museum may give the lender notice of the museum's intent to terminate a loan that was made for an indefinite term or for a term in excess of seven years.  A notice of intent to terminate a loan given under this section must comply with Section 80.003 and must include a statement containing substantially the following information:
The records of (name of museum)
indicate that you have property on loan to it.  The museum wishes to terminate the loan.  You must contact the museum, establish your ownership of the property, and make arrangements to collect the property.  If you fail to do so within 65 days after the date of this notice, you will be deemed to have donated the property to the museum.  See Chapter 80, Property Code.
(b)  If, within 65 days after the date of the notice given under Subsection (a), the lender fails to contact the museum, establish ownership of the property, and make arrangements to collect the property, the property is considered to be donated to the museum.
(c)  For the purposes of this chapter, a loan for a specified term becomes a loan for an indefinite term if the property remains in the custody of the museum when the specified term expires.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 6A - Property Loaned to Museums › Chapter 80 - Ownership, Conservation, and Disposition of Property Loaned to Museum › Section 80.006. Conservation or Disposal of Loaned Property; Conditions; Lien; Liability of Museum

Sec. 80.006.  CONSERVATION OR DISPOSAL OF LOANED PROPERTY;  CONDITIONS;  LIEN;  LIABILITY OF MUSEUM.  (a)  Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to the museum without a lender's permission if immediate action is required to protect the property on loan or to protect other property in the custody of the museum, or the property on loan has become a hazard to the health and safety of the public or of the museum's staff, and:
(1)  the museum cannot reach the lender at the lender's last address of record so that the museum and the lender can promptly agree on a solution;  or
(2)  the lender will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property.
(b)  If a museum applies conservation measures to or disposes of property under Subsection (a), the museum:
(1)  has a lien on the property and on the proceeds from any disposition of the property for the costs incurred by the museum;  and
(2)  is not liable for injury to or loss of the property if the museum:
(A)  had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan constituted a hazard to the health and safety of the public or the museum's staff;  and
(B)  exercised reasonable care in the choice and application of the conservation measures.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 6A - Property Loaned to Museums › Chapter 80 - Ownership, Conservation, and Disposition of Property Loaned to Museum › Section 80.007. Action to Recover Property; Limitations

Sec. 80.007.  ACTION TO RECOVER PROPERTY;  LIMITATIONS.  (a)  The two-year limitation on actions to recover personal property prescribed by Section 16.003, Civil Practice and Remedies Code, runs from the date the museum gives the lender notice of its intent to terminate the loan under Section 80.005.
(b)  No action may be brought against a museum to recover property on loan to a museum for 15 years or more and to which no person has made claim if the museum has complied with Section 80.004.
(c)  A lender is considered to have donated loaned property to a museum if the lender fails to file an action to recover the property on loan to the museum within the period specified by Subsection (a).
(d)  A person who purchases property from a museum acquires valid title to the property if the museum represents that it has acquired title to the property under Subsection (b) or (c).
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 6A - Property Loaned to Museums › Chapter 80 - Ownership, Conservation, and Disposition of Property Loaned to Museum › Section 80.008. Notice of Provisions of Chapter; Lender's Notices

Sec. 80.008.  NOTICE OF PROVISIONS OF CHAPTER;  LENDER'S NOTICES.  (a)  If, after August 31, 1987, a museum accepts a loan of property for an indefinite term or for a term in excess of seven years, the museum shall inform the lender in writing at the time of the loan of the provisions of this chapter.
(b)  The lender of property to a museum shall notify the museum promptly in writing of any changes of address or change in ownership of the property.
Added by Acts 1987, 70th Leg., ch. 1076, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter A. Provisions Generally Applicable to Condominiums › Section 81.001. Short Title

Sec. 81.001.  SHORT TITLE.  This chapter may be cited as the Condominium Act.
Acts 1983, 68th Leg., p. 3616, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter A. Provisions Generally Applicable to Condominiums › Section 81.0011. Applicability

Sec. 81.0011.  APPLICABILITY.  (a)  This chapter applies only to a condominium regime created before January 1, 1994.  A condominium regime created on or after January 1, 1994, is governed by Chapter 82.
(b)  A condominium regime created before January 1, 1994, to which this chapter applies is also governed by Chapter 82 as provided by Section 82.002.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 3, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter A. Provisions Generally Applicable to Condominiums › Section 81.002. Definitions

Sec. 81.002.  DEFINITIONS.  In this chapter:
(1)  "Apartment" means an enclosed space, regardless of whether it is designed for residential or other use, that consists of one or more rooms in a building and that has a direct exit to a thoroughfare or to a common space that leads to a thoroughfare.
(2)  "Building" includes each principal structure on or to be erected on real property dedicated in a declaration to a condominium regime.
(3)  "Condominium" means a form of real property ownership that combines separate ownership of individual apartments or units with common ownership of other elements.
(4)  "Council of owners" means all the apartment owners in a condominium project.
(5)  "Declaration" means the instrument that establishes property under a condominium regime.
(6)  "General common elements" means the property that is part of a condominium regime other than property that is part of or belongs to an apartment in the regime, including:
(A)  land on which the building is erected;
(B)  foundations, bearing walls and columns, roofs, halls, lobbies, stairways, and entrance, exit, and communication ways;
(C)  basements, flat roofs, yards, and gardens, except as otherwise provided;
(D)  premises for the lodging of janitors or persons in charge of the building, except as otherwise provided;
(E)  compartments or installation of central services such as power, light, gas, water, refrigeration, central heat and air, reservoirs, water tanks and pumps, and swimming pools;  and
(F)  elevators and elevator shafts, garbage incinerators, and all other devices and installations generally existing for common use.
(7)  "Limited common elements" means a portion of the common elements allocated by unanimous agreement of a council of owners for the use of one or more but less than all of the apartments, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and similar areas or facilities.
(8)  "Master deed" means a deed that establishes property under a condominium regime.
(9)  "Master lease" means a lease that establishes property under a condominium regime.
(10)  "Project" means a plan to offer for sale or to sell real property consisting of four or more apartments, rooms, office spaces, or other units in an existing or proposed building as a condominium.
(11)  "Property" means real property, whether leased or owned, the improvements on the property, and the incorporeal rights that are appurtenant to the property.
Acts 1983, 68th Leg., p. 3616, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter A. Provisions Generally Applicable to Condominiums › Section 81.003. Applicability of Local Ordinances and Regulations

Sec. 81.003.  APPLICABILITY OF LOCAL ORDINANCES AND REGULATIONS.  (a)  A planning or zoning commission of a county or municipality may adopt regulations governing condominium regimes that supplement this chapter.
(b)  A local zoning ordinance must be construed to treat similar structures, lots, or parcels in a similar manner regardless of whether the property is a condominium or is leased.
Acts 1983, 68th Leg., p. 3617, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 81.101. Creation of Condominium

Sec. 81.101.  CREATION OF CONDOMINIUM.  An owner or developer of an existing or a planned building establishes a condominium regime by recording a master deed, master lease, or declaration under Section 81.102.
Acts 1983, 68th Leg., p. 3618, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 81.102. Contents of Declaration, Master Deed, or Master Lease

Sec. 81.102.  CONTENTS OF DECLARATION, MASTER DEED, OR MASTER LEASE.  (a)  A declaration, master deed, or master lease for a condominium must contain:
(1)  the legal description of the real property dedicated to the condominium regime, depicted by a plat of the property that locates and identifies by letter each existing or proposed building;
(2)  a general description of each apartment, including the square footage, location, number, and other information necessary for identification of the apartment, depicted by a plat of the floor of the building in which the apartment is located that identifies the building by letter and the floor and the apartment by number;
(3)  a general description of each area not already described that is subject to individual ownership and exclusive control, such as a garage or carport, depicted by a plat that shows the area and appropriately identifies it by letter or number;
(4)  a description of the general common elements that are not described under Subdivision 1;
(5)  a description of the limited common elements;
(6)  each apartment's fractional or percentage interest in the entire condominium regime;
(7)  a provision that the declaration may only be amended at a meeting of the apartment owners at which the amendment is approved by the holders of at least 67 percent of the ownership interests in the condominium;  and
(8)  a provision that an amendment of the declaration may not alter or destroy a unit or a limited common element without the consent of the owners affected and the owners' first lien mortgagees.
(b)  A declaration, master deed, or master lease for a condominium may contain any covenants or other matters the declarant considers appropriate.
Acts 1983, 68th Leg., p. 3618, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 9(b), eff. Oct. 2, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 81.103. Public Records

Sec. 81.103.  PUBLIC RECORDS.  (a)  Each county clerk shall maintain suitable records called "Condominium Records" in which the clerk shall record master deeds, master leases, and declarations for condominiums.
(b)  A county clerk shall record plats and other instruments in a declaration without prior approval from any other authority.
(c)  A document required or authorized by this chapter to be recorded must be recorded according to law in the real property records of the county in which the property to which the document relates is located.
Acts 1983, 68th Leg., p. 3618, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 81.104. Apartment Ownership

Sec. 81.104.  APARTMENT OWNERSHIP.  (a)  An owner of an apartment in a condominium regime owns it exclusively, and the owner may possess, convey, or encumber the apartment, or subject it to judicial acts, independently of the other apartments in the condominium regime.
(b)  An individual title or interest in an apartment in a condominium regime is recordable.
(c)  The entire interest in the condominium regime shall be divided among the apartments.
(d)  A person may own an apartment in a condominium regime jointly or in common with others.
(e)  A condominium association may not alter or destroy an apartment or a limited common element without the consent of all owners affected and the first lien mortgagees of all affected owners.
Acts 1983, 68th Leg., p. 3619, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 9(c), eff. Oct. 2, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 81.105. Apartment Boundaries

Sec. 81.105.  APARTMENT BOUNDARIES.  (a)  The boundaries of an apartment in a condominium regime are the interior surfaces of the apartment's perimeter walls, floors, and ceilings, and the exterior surfaces of the apartment's balconies and terraces.
(b)  Except for common elements, the portions of a building on the boundaries of an apartment in a condominium regime and the airspace within those boundaries are part of the apartment.
(c)  In interpreting a legal instrument relating to an apartment or to an apartment that has been reconstructed substantially according to the original plans of the apartment, the physical boundaries of the apartment are conclusively presumed to be the proper boundaries of the apartment regardless of settling, rising, or lateral movement of the building containing the apartment and regardless of variances between boundaries shown on the plat of the building and the actual boundaries of the building.
Acts 1983, 68th Leg., p. 3619, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 81.106. Apartment Deeds

Sec. 81.106.  APARTMENT DEEDS.  A deed to an apartment in a condominium regime must:
(1)  include by reference the plats in the declaration;
(2)  state the encumbrances against the apartment;
(3)  describe the apartment according to the plat;  and
(4)  state the apartment's fractional or percentage interest in the condominium regime.
Acts 1983, 68th Leg., p. 3620, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 81.107. Interests in Common Elements

Sec. 81.107.  INTERESTS IN COMMON ELEMENTS.  An owner of an apartment in a condominium regime shares ownership of the regime's common elements with the other apartment owners.  An apartment owner may use the common elements according to their intended purposes, as expressed in the plat, declaration, or bylaws of the condominium regime, without interfering with the rights of the other apartment owners.
Acts 1983, 68th Leg., p. 3620, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 81.108. Partition of Common Elements

Sec. 81.108.  PARTITION OF COMMON ELEMENTS.  (a)  The ownership of the general and the limited common elements of a condominium regime may not be judicially partitioned or divided while they are suitable for a condominium regime.
(b)  A person may not initiate an action for partition of the limited or general common elements of a condominium regime unless the mortgages on the property are paid or the consent of the mortgagees is obtained.
(c)  An agreement contrary to this section is void.
Acts 1983, 68th Leg., p. 3621, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 81.109. Conveyance of Common Elements

Sec. 81.109.  CONVEYANCE OF COMMON ELEMENTS.  An apartment in a condominium regime and the undivided interest of an apartment owner in the common elements of the regime that are attributable to the apartment may not be conveyed separately.  If a conveyance of an apartment does not refer to the common elements, the undivided interest of the apartment owner in the general and the limited common elements of the regime attributable to the apartment is conveyed with the apartment.
Acts 1983, 68th Leg., p. 3622, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 81.110. Termination of Condominium Regime

Sec. 81.110.  TERMINATION OF CONDOMINIUM REGIME.  (a)  By unanimous agreement, or if the declaration provides for termination by agreement of the owners, by agreement of the holders of at least 67 percent or a stated percentage in the declaration, whichever is greater, of the ownership interests in the condominium, the owners of a building in a condominium regime may terminate the regime and request the county clerk of the county in which the regime is located to merge the records of the estates that comprise the condominium regime, if any creditors in whose behalf encumbrances against the building are recorded agree to accept the undivided portions of the property owned by the debtors as security, provided no amendment may be made to a declaration to reduce the vote required for termination of the condominium regime.
(b)  If a condominium regime is terminated, each apartment owner owns an undivided interest in the common property that corresponds to the undivided interest previously owned by the apartment owner in the common elements.
(c)  Property that has been removed from a condominium regime may be dedicated to another condominium regime at any time.
Acts 1983, 68th Leg., p. 3621, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 157, Sec. 1, eff. May 25, 1989.
Sec. 81.111.  AMENDMENT OF CONDOMINIUM DECLARATION.  After a condominium declaration is recorded with a county clerk, the declaration may not be amended except at a meeting of the apartment owners at which the amendment is approved by the holders of at least 67 percent of the ownership interests in the condominium.
Added by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 9(d), eff. Oct. 2, 1984.