reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter B. Property Report › Section 74.102. Signed Statement

Sec. 74.102.  SIGNED STATEMENT.  (a)  The person preparing a property report shall provide with each copy of the report a statement signed by:
(1)  the individual holding the reported property;
(2)  a partner, if the holder is a partnership;
(3)  an officer, if the holder is an unincorporated association or a private corporation;  or
(4)  the chief fiscal officer, if the holder is a public corporation.
(b)  The statement 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."
(c)  The comptroller may adopt rules or policies relating to the signature requirement, as the comptroller determines appropriate, to maximize the use of future developments in electronic filing technology.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 18, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter B. Property Report › Section 74.103. Retention of Records

Sec. 74.103.  RETENTION OF RECORDS.  (a)  A holder required to file a property report under Section 74.101 shall keep a record of:
(1)  the name, the social security number, if known, and the last known address of each person who, from the records of the holder of the property, appears to be the owner of the property;
(2)  the name and last known mailing or e-mail address of any representative for notice designated under Section 72.1021 or 73.103;
(3)  a brief description of the property, including the identification number, if any; and
(4)  the balance of each account, if appropriate.
(b)  Without regard to whether the property is reported in the aggregate, the record must be kept for 10 years from the later of:
(1)  the date on which the property is reportable; or
(2)  the date the report is filed.
(c)  The comptroller may by rule provide for a shorter period for keeping a record required by this section.
(d)  The comptroller may determine the liability of a holder required to file a property report under Section 74.101 using the best information available to the comptroller if the records of the holder are unavailable or incomplete for any portion of the required retention period.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 19, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.07, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1310, Sec. 84, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 925 (H.B. 1454), Sec. 5, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 3, eff. June 10, 2019.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter B. Property Report › Section 74.104. Confidentiality of Property Report; Exceptions

Sec. 74.104.  CONFIDENTIALITY OF PROPERTY REPORT; EXCEPTIONS.  (a)  Except as provided by Subsection (c) and Section 74.201, 74.203, or 74.307, a property report filed with the comptroller under Section 74.101 is confidential until the second anniversary of the date the report is filed.
(b)  The social security number of an owner that is provided to the comptroller is confidential.
(c)  The information reported under Section 74.101(e) is confidential and not subject to disclosure under Chapter 552, Government Code.
(d)  Notwithstanding Subsection (c), the comptroller may release the information about a well reported under Section 74.101(e) to a claimant of mineral proceeds from the well if the claim is approved by the comptroller under Section 74.501.
(e)  Notwithstanding Subsection (c), the information compiled under Section 74.307(a)(2) is subject to disclosure under Chapter 552, Government Code.
Added by Acts 1991, 72nd Leg., ch. 153, Sec. 15, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 20, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.08, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 480 (S.B. 1589), Sec. 2, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 480 (S.B. 1589), Sec. 3, eff. January 1, 2016.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter B. Property Report › Section 74.105. Combined Reporting

Sec. 74.105.  COMBINED REPORTING.  (a)  In this section:
(1)  "Affiliated group" means a group of one or more entities in which a controlling interest is owned by a common owner, either corporate or noncorporate, or by one or more of the member entities.
(2)  "Controlling interest" means:
(A)  for a corporation, more than 50 percent, owned directly or indirectly, of the total voting power of all classes of stock of the corporation;
(B)  for a partnership, more than 50 percent, owned directly or indirectly, of the capital or profits in the partnership;
(C)  for a limited liability company, more than 50 percent, owned directly or indirectly, of the total membership interest of the limited liability company; and
(D)  for an association, trust, or other entity, more than 50 percent, owned directly or indirectly, of the beneficial interest in the association, trust, or other entity.
(b)  If a holder that is required to file a property report under this chapter is a member of an affiliated group, the holder shall file one report for the affiliated group.
Added by Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 4, eff. June 10, 2019.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter B. Property Report › Section 74.106. Continuing Reporting Requirement

Sec. 74.106.  CONTINUING REPORTING REQUIREMENT.  (a)  A person who is required to file a property report under Section 74.101 in any year shall file a property report in each successive year.
(b)  If a person required to file a property report under this section is not holding any property that is reportable under this chapter, the person shall certify that fact.
Added by Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 4, eff. June 10, 2019.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter C. Notice by Comptroller › Section 74.201. Required Notice

Sec. 74.201.  REQUIRED NOTICE.  (a)  Except as provided by Section 74.202, the comptroller may use one or more methods as necessary to provide the most efficient and effective notice to each reported owner in the calendar year immediately following the year in which the report required by Section 74.101 is filed.  The notice must be provided:
(1)  in the county of the property owner's last known address;  or
(2)  in the county in which the holder has its principal place of business or its registered office for service in this state, if the property owner's last address is unknown.
(b)  The notice must state that the reported property is presumed abandoned and subject to this chapter and must contain:
(1)  the name and city of last known address of the reported owner;
(2)  a statement that, by inquiry, any person possessing a legal or beneficial interest in the reported property may obtain information concerning the amount and description of the property;  and
(3)  a statement that the person may present proof of the claim and establish the person's right to receive the property.
(c)  Deleted by Acts 1997, 75th Leg., ch. 1037, Sec. 21, eff. Sept. 1, 1997.
(d)  The comptroller may offer for sale space for suitable advertisements in a notice published under this section.
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 1991, 72nd Leg., ch. 153, Sec. 16, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 36, Sec. 3.03, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 21, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.09, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter C. Notice by Comptroller › Section 74.202. Notice for Item With Value of Less Than $100

Sec. 74.202.  NOTICE FOR ITEM WITH VALUE OF LESS THAN $100.  In the notice required by Section 74.201, the comptroller is not required to publish information regarding an item having a value that is less than $100 unless the comptroller determines that publication of that information is in the public interest.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 571, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1037, Sec. 21, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.10, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter C. Notice by Comptroller › Section 74.203. Authorized Notice

Sec. 74.203.  AUTHORIZED NOTICE.  (a)  During the calendar year immediately following the year in which the report required by Section 74.101 is filed, notice may be mailed to each person who has been reported with a Texas address and appears to be entitled to the reported property.
(b)  The notice under Subsection (a) must conform to the requirements for notice under Section 74.201(b).
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 17, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1037, Sec. 21, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.11, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter C. Notice by Comptroller › Section 74.205. Charge for Notice

Sec. 74.205.  CHARGE FOR NOTICE.  The comptroller may charge the following against the property delivered under this chapter:
(1)  expenses incurred for the publication of notice required by Section 74.201;  and
(2)  the amount paid in postage for the notice to the owner required by Section 74.203.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 22, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.12, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter C. Notice by Comptroller › Section 74.206. Advertising and Promotion

Sec. 74.206.  ADVERTISING AND PROMOTION.  The comptroller may advertise or otherwise promote the unclaimed property program in any available media to further the purposes of this title and to provide effective and efficient notice to reported owners.
Added by Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 5, eff. June 10, 2019.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter D. Delivery › Section 74.301. Delivery of Property to Comptroller

Sec. 74.301.  DELIVERY OF PROPERTY TO COMPTROLLER.  (a)  Except as provided by Subsection (c), each holder who on March 1 holds property to which this chapter applies shall deliver the property to the comptroller on or before the following July 1 accompanied by the report required to be filed under Section 74.101.
(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 comptroller at the time delivery is required under this section.
(c)  If the property subject to delivery under Subsection (a) is the contents of a safe deposit box, the comptroller may instruct a holder to deliver the property on a specified date before July 1 of the following year.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 19, 30(2), eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1037, Sec. 22, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.13, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1208, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 465, Sec. 4, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 2.05, eff. Jan. 11, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 685 (H.B. 257), Sec. 8, eff. January 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 7, eff. May 18, 2021.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter D. Delivery › Section 74.3011. Delivery of Money to Rural Scholarship Fund

Sec. 74.3011.  DELIVERY OF MONEY TO RURAL SCHOLARSHIP FUND.  (a)  Notwithstanding and in addition to any other provision of this chapter or other law, a local telephone exchange company may deliver reported money to a scholarship fund for rural students instead of delivering the money to the comptroller as prescribed by Section 74.301.
(b)  A local telephone exchange company may deliver the money under this section only to a scholarship fund established by one or more local telephone exchange companies in this state to enable needy students from rural areas to attend college, technical school, or another postsecondary educational institution.
(c)  A local telephone exchange company shall file with the comptroller a verification of money delivered under this section that complies with Section 74.302.
(d)  A claim for money delivered to a scholarship fund under this section must be filed with the local telephone exchange company that delivered the money.  The local telephone exchange company shall forward the claim to the administrator of the scholarship fund to which the money was delivered.  The scholarship fund shall pay the claim if the fund determines in good faith that the claim is valid.  A person aggrieved by a claim decision may file a suit against the fund in a district court in the county in which the administrator of the scholarship fund is located in accordance with Section 74.506.
(e)  The comptroller shall prescribe forms and procedures governing this section, including forms and procedures relating to:
(1)  notice of presumed abandoned property;
(2)  delivery of reported money to a scholarship fund;  and
(3)  filing of a claim.
(f)  In this section, "local telephone exchange company" means a telecommunications utility certificated to provide local exchange service within the state and that is a telephone cooperative or has fewer than 50,000 access lines in service in this state.
(g)  During a state fiscal year, the total amount of money that may be transferred by all local telephone exchange companies under this section may not exceed $800,000.  The comptroller shall keep a record of the total amount of money transferred annually.  When the total amount of money transferred during a state fiscal year equals the amount allowed by this subsection, the comptroller shall notify each local telephone exchange company that the company may not transfer any additional money to the company's scholarship fund during the remainder of that state fiscal year.
Added by Acts 1995, 74th Leg., ch. 231, Sec. 50(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 23, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.14, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 163 (S.B. 947), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter D. Delivery › Section 74.3012. Delivery of Money to Urban Scholarship Fund

Sec. 74.3012.  DELIVERY OF MONEY TO URBAN SCHOLARSHIP FUND.  (a)  Notwithstanding and in addition to any other provision of this chapter or other law, a local exchange company may deliver reported money to a scholarship fund for urban students instead of delivering the money to the comptroller as prescribed by Section 74.301.
(b)  A local exchange company may deliver the money under this section only to a scholarship fund established by one or more local exchange companies in this state to enable needy students from urban areas to attend college, technical school, or another postsecondary educational institution.
(c)  A local exchange company shall file with the comptroller a verification of money delivered under this section that complies with Section 74.302.
(d)  A claim for money delivered to a scholarship fund under this section must be filed with the local exchange company that delivered the money.  The local exchange company shall forward the claim to the administrator of the scholarship fund to which the money was delivered.  The scholarship fund shall pay the claim if the fund determines in good faith that the claim is valid.  A person aggrieved by a claim decision may file a suit against the fund in a district court in the county in which the administrator of the scholarship fund is located in accordance with Section 74.506.
(e)  The comptroller shall prescribe forms and procedures governing this section, including forms and procedures relating to:
(1)  notice of presumed abandoned property;
(2)  delivery of reported money to a scholarship fund;  and
(3)  filing of a claim.
(f)  In this section, "local exchange company" means a telecommunications utility certificated to provide local exchange telephone service within the state and that has 50,000 or more access lines in service in this state and is not a telephone cooperative.
(g)  During each state fiscal year, the total amount of money that may be transferred by all local exchange companies under this section may not exceed the total amount of money transferred to rural scholarship funds under Section 74.3011 during the previous state fiscal year.  The comptroller shall keep a record of the total amount of money transferred annually.  If the total amount of money transferred during a state fiscal year equals the amount allowed by this subsection, the comptroller shall notify each local exchange company that the company may not transfer any additional money to the company's scholarship fund during the remainder of that state fiscal year.
Added by Acts 1995, 74th Leg., ch. 231, Sec. 51(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 24, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.15, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter D. Delivery › Section 74.302. Statement of Delivered Property

Sec. 74.302.  STATEMENT OF DELIVERED PROPERTY.  (a)  Property delivered under Section 74.301 must be accompanied by a statement that:
(1)  the property delivered is a complete and correct remittance of all accounts subject to this chapter in the holder's possession;
(2)  the existence and location of the listed owners are unknown to the holder;  and
(3)  the listed owners have not asserted a claim or exercised an act of ownership with respect to the owner's reported property.
(b)  The statement required by Subsection (a) shall be signed by:
(1)  the individual holding the reported property;
(2)  a partner, if the holder is a partnership;
(3)  an officer, if the holder is an unincorporated association or a private corporation;  or
(4)  the chief fiscal officer, if the holder is a public corporation.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 20, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1208, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter D. Delivery › Section 74.304. Responsibility After Delivery

Sec. 74.304.  RESPONSIBILITY AFTER DELIVERY.  (a)  If reported property is delivered to the comptroller, the state shall assume custody of the property and responsibility for its safekeeping.
(b)  A holder who delivers property to the comptroller in good faith is relieved of all liability to the extent of the value of the property delivered for any claim then existing, that may arise after delivery to the comptroller, or that may be made with respect to the property.
(c)  If the holder delivers property to the comptroller in good faith and, after delivery, a person claims the property from the holder or another state claims the property under its laws relating to escheat or unclaimed property, the attorney general shall, on written notice of the claim, defend the holder against the claim, and the holder shall be indemnified from the unclaimed money received under this chapter or any other statute requiring delivery of unclaimed property to the comptroller against any liability on the claim.
(d)  The comptroller is not, in the absence of negligence or mishandling of the property, liable to the person who claims the property for damages incurred while the property or the proceeds from the sale of the property are in the comptroller's possession.  But in any event the liability of the state is limited to the extent of the property delivered under this chapter and remaining in the possession of the comptroller at the time a suit is filed.
(e)  For the purposes of this section, payment or delivery is made in good faith if:
(1)  payment or delivery was made in a reasonable attempt to comply with this chapter;
(2)  the holder delivering the property was not a fiduciary then in breach of trust with respect to the property and had a reasonable basis for believing based on the facts then known to the holder that the property was abandoned or inactive for purposes of this chapter;  and
(3)  there is no showing that the records under which the delivery was made did not meet reasonable commercial standards of practice in the industry.
(f)  On delivery of a duplicate certificate or other evidence of ownership to the comptroller under Subsection (b) of Section 74.301, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate are relieved of all liability of every kind in accordance with this section to any person, including any person acquiring the original certificate or the duplicate of the certificate issued to the comptroller, for any losses or damages resulting to any person by the issuance and delivery to the comptroller of the duplicate certificate.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 25, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.16, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter D. Delivery › Section 74.306. Unclaimed Property Held by Federal Government

Sec. 74.306.  UNCLAIMED PROPERTY HELD BY FEDERAL GOVERNMENT.  (a)  If the federal government enacts a law that provides for the discovery of unclaimed property held by the federal government and that provides or makes that information available to the states, the comptroller may pay to the federal government from the unclaimed money received under this chapter or any other statute requiring the delivery of unclaimed property to the comptroller the proportional share of the necessary cost of examining records.
(b)  If the federal government delivers unclaimed property to the comptroller, this state shall hold the federal government harmless from claims made by owners of the property after the delivery.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 25, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.18, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter D. Delivery › Section 74.3061. Escheat of Funds in the Possession of the United States

Sec. 74.3061.  ESCHEAT OF FUNDS IN THE POSSESSION OF THE UNITED STATES.  (a)  In the event any money is due to a resident of this state in the nature of a refund, rebate, or other overpayment of taxes or fees to the United States with respect to which the resident is likely to have his rights to secure such refund or rebate barred by a statute of limitations, or if for any reason at least three years has elapsed after the date on which the resident could have filed a timely claim for said refund or rebate, the comptroller is appointed agent of such resident to apply for said refund or rebate and is authorized to do any act which a natural person could do to recover said money.  When the comptroller files an application or initiates any other proceeding to secure said refund or rebate, the comptroller is coupled with an interest in the money sought and money recovered.  All property within this provision, including all principal and interest accruing thereon, is declared to have escheated and to have become the property of the state.
(b)  The funds escheated by the state pursuant to this provision shall be given notice as provided by Section 74.201.  Title to any such property shall be transferred by the state to any persons who in accordance with Subchapter F can show that the property belonged to them immediately prior to the escheat or that they were heirs to those funds immediately prior to the escheat.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 25, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter D. Delivery › Section 74.307. List of Owners; Other Public Information

Sec. 74.307.  LIST OF OWNERS; OTHER PUBLIC INFORMATION.  (a)  The comptroller shall compile and revise each year:
(1)  except as to amounts reported in the aggregate, an alphabetical list of the names and last known addresses of the owners listed in the reports and the amount credited to each account; and
(2)  an alphabetical list by county of:
(A)  the number of reports filed under Section 74.101 for mineral proceeds attributable to all wells located in each respective county; and
(B)  the aggregate amount of mineral proceeds reported under Section 74.101 attributable to all wells, if any, located in each respective county.
(b)  The comptroller shall make the lists available for public inspection during all reasonable business hours.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 25, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.19, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 480 (S.B. 1589), Sec. 4, eff. January 1, 2016.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter D. Delivery › Section 74.308. Period of Limitation Not a Bar

Sec. 74.308.  PERIOD OF LIMITATION NOT A BAR.  The expiration, on or after September 1, 1987, of any period specified by contract, statute, or court order, during which an action or proceeding may be initiated or enforced to obtain payment of a claim for money or recovery of property, does not prevent the money or property from being presumed abandoned property and does not affect any duty to file a report required by this chapter or to pay or deliver abandoned property to the comptroller.
Added by Acts 1987, 70th Leg., ch. 426, Sec. 5, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 25, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.20, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter D. Delivery › Section 74.309. Private Escheat Agreements Prohibited

Sec. 74.309.  PRIVATE ESCHEAT AGREEMENTS PROHIBITED.  An individual, corporation, business association, or other organization may not act through amendment of articles of incorporation, amendment of bylaws, private agreement, or any other means to take or divert funds or personal property into income, divide funds or personal property among locatable patrons or stockholders, or divert funds or personal property by any other method for the purpose of circumventing the unclaimed property process.
Added by Acts 1987, 70th Leg., ch. 426, Sec. 5, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter E. Disposition of Delivered Property › Section 74.401. Sale of Property

Sec. 74.401.  SALE OF PROPERTY.  (a)  Except as provided by Section 74.404, the comptroller may sell at public sale any personal property, other than money and marketable securities, delivered to the comptroller in accordance with Section 74.301.  The comptroller may conduct the sale at the location and in the manner that the comptroller determines affords the most favorable market for the particular property.
(b)  The comptroller shall sell the property to the highest bidder.  If the comptroller determines that the highest bid is insufficient, the comptroller may decline that bid and offer the property for public or private sale.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 13, eff. June 10, 2019.
(d)  If after investigation the comptroller determines that property delivered under this chapter is not marketable or has insubstantial commercial value, the comptroller may destroy or otherwise dispose of the property at any time.
(e)  A person may not maintain any action or proceeding against the state, an officer of the state, or the holder of property because of an action taken by the comptroller under this section.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 36, Sec. 3.04, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 26, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.21, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 800, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 6, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 13, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 8, eff. May 18, 2021.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter E. Disposition of Delivered Property › Section 74.402. Notice of Sale

Sec. 74.402.  NOTICE OF SALE.  Before the 21st day preceding the day on which a public sale is held under Section 74.401, the comptroller shall publish notice of the sale in a newspaper of general circulation in Travis County or in the county where the sale is to be held.  If the public sale is to be held on the Internet or by an online auction, the comptroller may post the notice on the comptroller's own website before the seventh day preceding the date on which the sale or auction is held.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 36, Sec. 3.05, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 26, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.22, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1263, Sec. 80, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter E. Disposition of Delivered Property › Section 74.403. Purchaser's Title

Sec. 74.403.  PURCHASER'S TITLE.  (a)  At a sale, public or private, of property that is held under this subchapter, the purchaser receives title to the purchased property free from all claims of the prior owner and prior holder of the property and all persons claiming through or under the owner or holder.
(b)  The comptroller shall execute all documents necessary to complete the transfer of title.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 27, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.23, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter E. Disposition of Delivered Property › Section 74.404. Sale of Military Awards and Decorations Prohibited

Sec. 74.404.  SALE OF MILITARY AWARDS AND DECORATIONS PROHIBITED.  (a)  In this section, "military award or decoration" means a military decoration for an act of valor, heroism, or exceptional service, a good conduct medal, a service medal, a service ribbon, or a badge, tab, certificate, or letter awarded in connection with military service.
(b)  A military award or decoration delivered to the comptroller under this chapter:
(1)  may not be sold under Section 74.401 or destroyed; and
(2)  shall be delivered by the comptroller to the Texas military forces.
(c)  The Texas military forces shall conduct a reasonable search of public records to locate the person to whom the military award or decoration was awarded.  If the department cannot locate the person, the department shall attempt to locate the person's next of kin.  If the department locates the person or the person's next of kin, the department shall deliver the award or decoration to the person or the person's next of kin, as applicable.
(d)  If the Texas military forces cannot locate the person to whom a military award or decoration was awarded or the person's next of kin, the award or decoration shall be held in trust for the comptroller at:
(1)  a museum established by the department; or
(2)  if no museum exists, any other public facility designated by the department.
(e)  Except as provided by this subsection, a military award or decoration held in trust by a museum or facility designated under Subsection (d) shall be used in a display or exhibit that honors persons who have served the state or nation in military service.  If the museum or facility cannot practically incorporate the award or decoration into an established display or exhibit of the museum or facility, the award or decoration shall be kept in a secure storage area or loaned to another museum for use in a display or exhibit that honors persons who have served the state or nation in military service.
(f)  This section does not affect a person's right to claim a military award or decoration under Subchapter F.
Added by Acts 2001, 77th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.14, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter E. Disposition of Delivered Property › Section 74.405. Disposition of Securities

Sec. 74.405.  DISPOSITION OF SECURITIES.  (a)  The comptroller may sell or otherwise liquidate a security delivered to the comptroller under this chapter.
(b)  The comptroller may not sell a security listed on an established stock exchange for less than the price prevailing on the exchange at the time of sale.  The comptroller may sell a security not listed on an established exchange by any commercially reasonable method.
Added by Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 9, eff. May 18, 2021.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter F. Claim for Delivered Property › Section 74.502. Claim Filed With Holder

Sec. 74.502.  CLAIM FILED WITH HOLDER.  (a)  If a claim is filed with a holder under this section and the holder determines in good faith that the claim is valid, the holder may pay the amount of the claim.
(b)  The comptroller shall reimburse the holder for a valid claim paid under this section.
(c)  The request from a holder for reimbursement must be filed in accordance with procedures and on forms prescribed by the comptroller.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 851, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 28, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.25, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter F. Claim for Delivered Property › Section 74.503. Waiver of Claim Requirement

Sec. 74.503.  WAIVER OF CLAIM REQUIREMENT.  The comptroller may waive the requirement of filing a claim and pay or deliver property directly to a person who does not file  a claim if:
(1)  the person receiving the property is the reported owner of the property;
(2)  the comptroller reasonably believes the person is entitled to receive the property or payment; and
(3)  the property has a value of less than $5,000.
Added by Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 12, eff. May 18, 2021.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter F. Claim for Delivered Property › Section 74.504. Hearing

Sec. 74.504.  HEARING.  (a)  The comptroller may hold a hearing and receive evidence concerning a claim filed under this subchapter.
(b)  If the comptroller considers that a hearing is necessary to determine the validity of a claim, the comptroller shall sign the statement of the findings and the decision on the claim.  The statement shall report the substance of the evidence heard and the reasons for the decision.  The statement is a public record.
(c)  If the comptroller determines that a claim is valid, the comptroller shall approve and sign the claim.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 36, Sec. 3.07, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 851, Sec. 3, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 29, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.27, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter F. Claim for Delivered Property › Section 74.506. Appeal

Sec. 74.506.  APPEAL.  (a)  A person who has filed a claim that complies with Section 74.501(c) may appeal the decision of the comptroller on the claim before the 61st day after the day on which it was rendered.
(b)  If a claim that complies with Section 74.501(c) has not been decided before the 91st day after the day on which it was filed, the claimant may file an appeal if, after the claimant provides notice by certified mail to the comptroller of the intent to file an appeal, the comptroller does not reach a decision on the claim on or before the 60th day after the date the notice is delivered to the comptroller. An appeal under this section must be made within one year of the date the claim was filed.
(c)  An appeal under this section must be made by filing suit against the state in a district court in Travis County, Texas. The state's immunity from suit without consent is abolished with respect to suits brought under this section.
(d)  A court shall try an action filed under this section de novo and shall apply the rules of practice of the court.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 30, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 13, eff. May 18, 2021.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter F. Claim for Delivered Property › Section 74.507. Assistance of Claimant; Fee for Recovery

Sec. 74.507.  ASSISTANCE OF CLAIMANT; FEE FOR RECOVERY.  (a)  A person who informs a potential claimant that the claimant may be entitled to claim property that is reportable to the comptroller under this chapter, that has been reported to the comptroller, or that is in the possession of the comptroller may not contract for or receive from the claimant for services an amount that exceeds 10 percent of the value of the property recovered, plus reasonable attorney's fees necessary to pursue the claim. If the property involved is mineral proceeds, the amount for services may not include a portion of the underlying minerals or any production payment, overriding royalty, or similar payment.
(b)  The person who informs a potential claimant and by contract or other written agreement is to receive a percentage of the value of the property may not file or receive a form to claim on behalf of a claimant.
(c)  An agreement to assist a claimant in the recovery of property that is reportable to the comptroller, that has been reported to the comptroller, or that is in the possession of the comptroller under this chapter is enforceable only if the agreement:
(1)  clearly states the nature of the property and the services to be provided;
(2)  is signed by or on behalf of the claimant; and
(3)  states the amount or value of the property reasonably expected to be recovered, computed before and after a fee or other compensation has been deducted.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 426, Sec. 5, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 36, Sec. 3.09, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1037, Sec. 31, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.29, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1208, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 14, eff. May 18, 2021.
Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 15, eff. May 18, 2021.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter F. Claim for Delivered Property › Section 74.508. Claim of Another State to Recover Property; Procedure

Sec. 74.508.  CLAIM OF ANOTHER STATE TO RECOVER PROPERTY;  PROCEDURE.  (a)  At any time after property has been paid or delivered to the comptroller under this chapter, another state may recover the property if:
(1)  the property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was presumed abandoned under this chapter, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;
(2)  the last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder are in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state;
(3)  the records of the holder were erroneous in that they did not accurately reflect the actual owner of the property and the last known address of the actual owner is in the other state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;
(4)  the property was subjected to custody by this state under Subdivision (6) of Subsection (a) of Section 72.001 and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state;  or
(5)  the property is the sum payable on a traveler's check, money order, or other similar instrument that was subjected to custody by this state under Subdivision (4) and the instrument was purchased in the other state and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.
(b)  The claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the comptroller, who shall decide the claim within 90 days after it is presented.  The comptroller shall allow the claim if he determines that the other state is entitled to the abandoned property under Subsection (a).
Added by Acts 1987, 70th Leg., ch. 426, Sec. 5, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 31, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.30, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter F. Claim for Delivered Property › Section 74.509. Handling Fee for Processing Unclaimed Property

Sec. 74.509.  HANDLING FEE FOR PROCESSING UNCLAIMED PROPERTY.  A handling fee may be deducted from the amount of the claim payment if the payment is at least $100.
Added by Acts 1993, 73rd Leg., ch. 36, Sec. 3.10, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 31, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.31, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter G. Unclaimed Money › Section 74.601. Unclaimed Money

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