reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter E. Agricultural Liens › Section 70.408. Joinder of Actions

Sec. 70.408.  JOINDER OF ACTIONS.  Persons claiming a lien against the same agricultural crop under this subchapter may join in the same action, and if separate actions are commenced, the court may consolidate them.
Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter E. Agricultural Liens › Section 70.409. Recovery of Costs

Sec. 70.409.  RECOVERY OF COSTS.  An agricultural producer who prevails in an action brought to enforce a lien created under this subchapter is entitled to recover:
(1)  reasonable and necessary attorney's fees and court costs;  and
(2)  interest on funds subject to the lien at the judgment interest rate as provided by Chapter 304, Finance Code.
Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter E. Agricultural Liens › Section 70.410. Waiver of Certain Rights Prohibited

Sec. 70.410.  WAIVER OF CERTAIN RIGHTS PROHIBITED.  An agricultural producer's agreement with a warehouse or a contract purchaser to waive the producer's right to seek a remedy provided by this subchapter is void.
Added by Acts 2001, 77th Leg., ch. 732, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 887 (H.B. 3063), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter F. Lien Related to Damaged Fence › Section 70.501. Landowner's Lien

Sec. 70.501.  LANDOWNER'S LIEN.  A person who owns real property in this state that is enclosed by a fence or other structure obviously designed to exclude intruders or to contain livestock or other animals may obtain from a court in this state a judgment entitling the person to a lien against the motor vehicle of a person who damages the landowner's fence with the motor vehicle if the person who damages the landowner's fence:
(1)  owns the motor vehicle; or
(2)  has the consent of the owner of the motor vehicle to drive the vehicle at the time the person damages the landowner's fence.
Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter F. Lien Related to Damaged Fence › Section 70.502. Amount of Lien

Sec. 70.502.  AMOUNT OF LIEN.  The amount of a landowner's lien under this subchapter is equal to the lesser of:
(1)  the fair market value of the motor vehicle on the date the landowner's fence is damaged; or
(2)  the actual cost incurred by the landowner to:
(A)  repair the fence;
(B)  recapture any livestock or other animals that escaped as a direct result of the damage to the fence; and
(C)  have the vehicle towed from the property and stored.
Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter F. Lien Related to Damaged Fence › Section 70.503. Property to Which Lien Attaches

Sec. 70.503.  PROPERTY TO WHICH LIEN ATTACHES.  A landowner's lien under this chapter attaches only to a motor vehicle that causes damage to a fence as described by Section 70.501.
Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter F. Lien Related to Damaged Fence › Section 70.504. Perfecting Lien

Sec. 70.504.  PERFECTING LIEN.  A landowner may perfect a lien  under this subchapter in the manner provided by Subchapter F, Chapter 501, Transportation Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter F. Lien Related to Damaged Fence › Section 70.505. Expiration and Discharge of Lien

Sec. 70.505.  EXPIRATION AND DISCHARGE OF LIEN.  A lien under this subchapter does not expire and is discharged only when the landowner receives payment of the lien.
Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 70 - Miscellaneous Liens › Subchapter F. Lien Related to Damaged Fence › Section 70.506. Removal of Vehicle From Landowner's Property

Sec. 70.506.  REMOVAL OF VEHICLE FROM LANDOWNER'S PROPERTY.  A landowner whose fence is damaged by a motor vehicle that is then abandoned on the owner's property, or the landowner's agent, may:
(1)  select a towing service to remove the vehicle from the landowner's property; and
(2)  designate the time at which the towing service may enter the property to remove the vehicle.
Added by Acts 2007, 80th Leg., R.S., Ch. 330 (H.B. 2931), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter A. General Provisions › Section 71.001. Escheat

Sec. 71.001.  ESCHEAT.  (a)  If an individual dies intestate and without heirs, the real and personal property of that individual is subject to escheat.
(b)  "Escheat" means the vesting of title to property in the state in an escheat proceeding under Subchapter B.
Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 230, Sec. 2, eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter A. General Provisions › Section 71.002. Presumption of Death

Sec. 71.002.  PRESUMPTION OF DEATH.  An individual is presumed dead for the purpose of determining if the individual's real or personal property is subject to escheat if the individual:
(1)  is absent from the individual's place of residence for seven years or longer;  and
(2)  is not known to exist.
Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 230, Sec. 3, eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter A. General Provisions › Section 71.003. Presumption of Intestacy

Sec. 71.003.  PRESUMPTION OF INTESTACY.  An individual is presumed to have died intestate if, on or before the seventh anniversary of the date of the individual's death, the individual's will has not been recorded or probated in the county where the individual's property is located.
Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter A. General Provisions › Section 71.004. Presumption of Death Without Heirs

Sec. 71.004.  PRESUMPTION OF DEATH WITHOUT HEIRS.  An individual is presumed to have died leaving no heirs if for the seven-year period preceding the court's determination:
(1)  a lawful claim to the individual's property has not been asserted;  and
(2)  a lawful act of ownership of the individual's property has not been exercised.
Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter A. General Provisions › Section 71.005. Act of Ownership

Sec. 71.005.  ACT OF OWNERSHIP.  For the purposes of this chapter, an individual exercises a lawful act of ownership in property by, personally or through an agent, paying taxes to this state on the property.
Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter A. General Provisions › Section 71.006. Review of Probate Decree

Sec. 71.006.  REVIEW OF PROBATE DECREE.  (a)  If the state claims that an estate that has been administered in probate court in this state is subject to escheat, the state may have the judgment of the probate court reviewed by filing a petition in district court alleging that the administration of the estate was obtained by fraud or mistake of fact.
(b)  The case shall be tried in accordance with the law for the revision and correction of a decree of the probate court.
Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter A. General Provisions › Section 71.007. Identification of Real Property Subject to Escheat

Sec. 71.007.  IDENTIFICATION OF REAL PROPERTY SUBJECT TO ESCHEAT.  The tax assessor-collector of each county shall:
(1)  take all steps necessary to identify real property that may be subject to escheat;  and
(2)  notify the commissioner of the General Land Office and the attorney general so that they may take appropriate action.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 13.002(d), eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter B. Escheat Proceedings › Section 71.101. Petition for Escheat

Sec. 71.101.  PETITION FOR ESCHEAT.  (a)  If any person, including the attorney general, the comptroller, or a district attorney, criminal district attorney, county attorney, county clerk, district clerk, or attorney ad litem is informed or has reason to believe that real or personal property is subject to escheat under this chapter, the person may file a sworn petition requesting the escheat of the property and requesting a writ of possession for the property.
(b)  The petition must contain:
(1)  a description of the property;
(2)  the name of the deceased owner of the property;
(3)  the name of the tenants or persons claiming the estate, if known;  and
(4)  the facts supporting the escheat of the estate.
(c)  If the petition is filed by a person other than the attorney general, the person shall send to the attorney general written notice of the filing and a copy of the petition to permit the attorney general to elect to participate on behalf of the state.
(d)  An action brought under this section is governed by the procedure relating to class actions provided by the Texas Rules of Civil Procedure.
(e)  A petition filed under this section is not subject to an objection relating to misjoinder of parties or causes of action.
Acts 1983, 68th Leg., p. 3586, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 230, Sec. 4, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 153, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1037, Sec. 4, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter B. Escheat Proceedings › Section 71.102. Citation

Sec. 71.102.  CITATION.  (a)  If a petition is filed under this subchapter, the district clerk shall issue citation as in other civil suits to:
(1)  each defendant alleged by the petition to possess or claim the property that is the subject of the petition;
(2)  any person required by this chapter to be cited;  and
(3)  persons interested in the estate, including lienholders of record.
(b)  The citation required by Subdivision (3) of Subsection (a) must be published as required for other civil suits and must:
(1)  briefly state the contents of the petition;  and
(2)  request all persons interested in the estate to appear and answer at the next term of the court.
Acts 1983, 68th Leg., p. 3587, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 923, Sec. 21, eff. Aug. 26, 1985.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter B. Escheat Proceedings › Section 71.103. Party to Proceeding

Sec. 71.103.  PARTY TO PROCEEDING.  (a)  A person who exercises a lawful act of ownership in property that is the subject of an escheat proceeding must be made a party to the proceeding by:
(1)  personal service of citation if the person is a resident of this state and the person's address can be obtained by reasonable diligence;  or
(2)  service of citation on a person's agent if the person is a nonresident or a resident who cannot be found and the agent can be found by the use of reasonable diligence.
(b)  For the purposes of this section, reasonable diligence includes an inquiry and investigation of the records of the office of the tax assessor-collector of the county in which the property sought to be escheated is located.
(c)  The comptroller is an indispensable party to any judicial or administrative proceeding concerning the disposition and handling of property that is the subject of an escheat proceeding and must be made a party to the proceeding by personal service of citation.
Acts 1983, 68th Leg., p. 3587, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 2, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1037, Sec. 5, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter B. Escheat Proceedings › Section 71.104. Appearance of Claimants

Sec. 71.104.  APPEARANCE OF CLAIMANTS.  Any person, whether named in the escheat petition or not, who claims an interest in property that is the subject of an escheat proceeding may appear, enter a pleading, and oppose the facts stated in the petition.
Acts 1983, 68th Leg., p. 3588, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter B. Escheat Proceedings › Section 71.105. Trial

Sec. 71.105.  TRIAL.  (a)  If a person appears and denies the state's right to the property or opposes a material fact of the petition, the court shall try the issue as any other issue of fact.
(b)  The court may order a survey as in other cases in which the title or the boundary of the land is in question.
Acts 1983, 68th Leg., p. 3588, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter B. Escheat Proceedings › Section 71.106. Default Judgment

Sec. 71.106.  DEFAULT JUDGMENT.  If citation is issued in accordance with Section 71.102 and no person answers within the period provided by the Texas Rules of Civil Procedure, the court shall render a default judgment in favor of the state.
Acts 1983, 68th Leg., p. 3588, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter B. Escheat Proceedings › Section 71.107. Judgment for State

Sec. 71.107.  JUDGMENT FOR STATE.  (a)  If the court renders a judgment for the state finding that an intestate died without heirs, the property escheats to the state and title to the property is considered to pass to the state on the date of death of the owner as established by the escheat proceeding.  The court may award court costs to the state.
(b)  If the judgment involves real property, the state may sell the property under the general laws governing the sale of Permanent School Fund lands, and, after the second anniversary of the date of the final judgment, the court shall issue a writ of possession for the property.
(c)  If the judgment involves personal property, the court shall issue a writ of possession that contains an adequate description of the property as in other cases for recovery of personal property.
(d)  When the record of an escheat proceeding reflects that a lienholder or his predecessor received actual or constructive notice of the escheat proceeding, the entry of the judgment in the escheat proceeding will either satisfy or extinguish any lien which the lienholder or his predecessor claimed or could have claimed on the escheated property at the escheat proceeding.
(e)  The sheriff, constable, court clerk, or other officer appointed by the judge in an escheat proceeding shall execute a writ of possession by filing the writ with the deed or map records of the county when the escheated property relates to realty and by serving the writ on any holder, tenant, or occupant of any escheated property.  Additionally, the person who executes a writ of possession shall either:
(1)  post the writ for at least three consecutive weeks on the door or posting board of the county courthouse in the county where the proceeding was conducted or in the county where the property is located;  or
(2)  in the case of real property, post the writ for at least two consecutive weeks at a reasonably conspicuous place on the realty;  or
(3)  publicize the writ in any other fashion ordered by the court.
(f)  After validly executing a writ of possession, the sheriff, constable, court clerk, or other appointed officer shall note the method of the execution of the writ on the writ return and shall return the writ to the clerk to be filed in the court records of the escheat proceeding.
Acts 1983, 68th Leg., p. 3588, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 230, Sec. 5, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 923, Sec. 22, eff. Aug. 26, 1985.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter B. Escheat Proceedings › Section 71.108. Costs Paid by State

Sec. 71.108.  COSTS PAID BY STATE.  If the property does not escheat, the state shall pay court costs.  The clerk of the court shall certify the amount of the costs, and when the certificate is filed in the office of the comptroller of public accounts, the comptroller shall issue a warrant for the amount of the costs.
Acts 1983, 68th Leg., p. 3588, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter B. Escheat Proceedings › Section 71.109. Appeal; Writ of Error

Sec. 71.109.  APPEAL;  WRIT OF ERROR.  A party who appeared at an escheat proceeding may appeal the judgment rendered or may file an application for a writ of error on the judgment.  The attorney general or the other person acting on behalf of the state in the escheat proceeding may make an appeal or file the writ.
Acts 1983, 68th Leg., p. 3589, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter C. Disposition of Escheated Property › Section 71.201. Seizure and Sale of Personal Property

Sec. 71.201.  SEIZURE AND SALE OF PERSONAL PROPERTY.  (a)  If personal property escheated to the state, the court shall issue to the sheriff a writ that commands the sheriff to seize the escheated property.
(b)  The sheriff shall:
(1)  dispose of the personal property at public auction in accordance with the law regarding the sale of personal property under execution;  and
(2)  deposit into the State Treasury the proceeds of the sale, less court costs.
Acts 1983, 68th Leg., p. 3589, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter C. Disposition of Escheated Property › Section 71.202. Disposition of Real Property

Sec. 71.202.  DISPOSITION OF REAL PROPERTY.  (a)  Real property that escheats to the state under this title before January 1, 1985, becomes a part of the permanent school fund.  Real property that escheats to the state on or after January 1, 1985, is held in trust by the Commissioner of the General Land Office for the use and benefit of the foundation school fund.  The revenue from all leases, sales, and use of land held for the foundation school fund shall be deposited to the credit of the foundation school fund.
(b)  Before the 91st day after the day on which a judgment that provides for the recovery of real property is rendered, the clerk of the district court rendering the judgment shall send to the Commissioner of the General Land Office:
(1)  a certified copy of the judgment;  and
(2)  notice of any appeal of that judgment.
(c)  The commissioner shall list real property as escheated foundation school fund land or permanent school land as appropriate when the commissioner receives:
(1)  a certified copy of a judgment under which the property escheats to the state and from which appeal is not taken;  or
(2)  a certified copy of notice of the affirmance on appeal of a judgment under which the property escheats to the state.
Acts 1983, 68th Leg., p. 3589, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 28, art. II, part B, Sec. 13, eff. Sept. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter C. Disposition of Escheated Property › Section 71.203. Account of Escheated Property

Sec. 71.203.  ACCOUNT OF ESCHEATED PROPERTY.  The comptroller shall keep an account of the money paid to and real property vested in this state under this chapter.
Acts 1983, 68th Leg., p. 3590, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter D. Recovery of Escheated Property › Section 71.301. Suit for Escheated Personal Property

Sec. 71.301.  SUIT FOR ESCHEATED PERSONAL PROPERTY.  (a)  If personal property of a deceased owner escheats to the state under this chapter and is delivered to the state, a person who claims the property as an heir, devisee, or legatee of the deceased may file suit against the state in a district court of Travis County, Texas.  The suit must be filed on or before the fourth anniversary of the date of the final judgment of the escheat proceeding.
(b)  The petition must state the nature of the claim and request that the money be paid to the claimant.
(c)  A copy of the petition shall be served on the comptroller, who shall represent the interests of the state.  As the comptroller elects and with the approval of the attorney general, the attorney general, the county attorney or criminal district attorney for the county, or the district attorney for the district shall represent the comptroller.
Acts 1983, 68th Leg., p. 3590, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 3, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1037, Sec. 6, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.03, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter D. Recovery of Escheated Property › Section 71.302. Recovery of Personal Property

Sec. 71.302.  RECOVERY OF PERSONAL PROPERTY.  (a)  If in a suit filed under Section 71.301 the court finds that a claimant is entitled to recover personal property, the court shall order the comptroller to issue a warrant for payment of the claim without interest or costs.
(b)  A copy of the order under seal of the court is sufficient voucher for issuing the warrant.
Acts 1983, 68th Leg., p. 3590, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter D. Recovery of Escheated Property › Section 71.303. Suit for Escheated Real Property

Sec. 71.303.  SUIT FOR ESCHEATED REAL PROPERTY.  (a)  If real property escheats to the state under this chapter, a person who was not personally served with citation in the escheat proceedings may file suit in the district court of Travis County for all or a part of the property.  The suit must be filed not later than the second anniversary of the date of the final judgment in the escheat proceedings.
(b)  A copy of the petition must be served on the attorney general, who shall represent the interests of the state.
(c)  To the extent the claimant is adjudged to be the owner of all or a part of the property, the state is divested of the property.
Acts 1983, 68th Leg., p. 3590, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 71 - Escheat of Property › Subchapter D. Recovery of Escheated Property › Section 71.304. State as Party in Suit for Assets

Sec. 71.304.  STATE AS PARTY IN SUIT FOR ASSETS.  (a)  A suit brought for the collection of personal property delivered to the comptroller under this chapter must be brought in the name of this state.
(b)  A suit brought for the possession of real property held in trust by the Commissioner of the General Land Office under this chapter must be brought in the name of this state.
Acts 1983, 68th Leg., p. 3591, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 4, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1037, Sec. 7, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.04, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 72 - Abandonment of Personal Property › Subchapter B. Presumption of Abandonment › Section 72.1015. Unclaimed Wages

Sec. 72.1015.  UNCLAIMED WAGES.  (a)  In this section, "wages" has the meaning assigned by Section 61.001, Labor Code.
(b)  An amount of unclaimed wages is presumed abandoned if, for longer than one year:
(1)  the existence and location of the person to whom the wages are owed is unknown to the holder of the wages;  and
(2)  according to the knowledge and records of the holder of the wages, a claim to the wages has not been asserted or an act of ownership of the wages has not been exercised.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 2.02, eff. Jan. 11, 2004.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 72 - Abandonment of Personal Property › Subchapter B. Presumption of Abandonment › Section 72.1016. Stored Value Card

Sec. 72.1016.  STORED VALUE CARD.  (a)  This section applies to a stored value card, as defined by Section 604.001, Business & Commerce Code, other than a card:
(1)  to which Chapter 604, Business & Commerce Code, does not apply by operation of Sections 604.002(1)(A) and (C) and 604.002(2)-(5) of that code; or
(2)  that is linked to and draws its value solely from a deposit account subject to Chapter 73.
(b)  If the existence and location of the owner of a stored value card is unknown to the holder of the property, the stored value card is presumed abandoned to the extent of its unredeemed and uncharged value on the earlier of:
(1)  the card's expiration date;
(2)  the third anniversary of the date the card was issued, if the card is not used after it is issued, or the date the card was last used or value was last added to the card; or
(3)  the first anniversary of the date the card was issued, if the card is not used after it is issued, or the date the card was last used or value was last added to the card, if the card's value represents wages, as defined by Section 61.001, Labor Code.
(c)  If the person who sells or issues a stored value card in this state does not obtain the name and address of the apparent owner of the card and maintain a record of the owner's name and address and the identification number of the card, the address of the apparent owner is considered to be the Austin, Texas, address of the comptroller.
(d)  A person may charge a fee against a stored value card as provided by Chapter 604, Business & Commerce Code.  A fee may not be charged against a stored value card after the card is presumed abandoned under this section.
(e)  The comptroller shall transfer five percent of the money collected from cards presumed to be abandoned for use as grants under Subchapter M, Chapter 56, Education Code.
(f)  This section does not create a cause of action against a person who issues or sells a stored value card.
Added by Acts 2005, 79th Leg., Ch. 81 (S.B. 446), Sec. 3, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.33, eff. April 1, 2009.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 72 - Abandonment of Personal Property › Subchapter B. Presumption of Abandonment › Section 72.1017. Utility Deposits

Sec. 72.1017.  UTILITY DEPOSITS.  (a)  In this section:
(1)  "Utility" has the meaning assigned by Section 183.001, Utilities Code.
(2)  "Utility deposit" is a refundable money deposit a utility requires a user of the utility service to pay as a condition of initiating the service.
(b)  Notwithstanding Section 73.102, a utility deposit is presumed abandoned on the latest of:
(1)  the first anniversary of the date a refund check for the utility deposit was payable to the owner of the deposit;
(2)  the first anniversary of the date  the utility last received documented communication from the owner of the utility deposit; or
(3)  the first anniversary of the date the utility issued a refund check for the deposit payable to the owner of the deposit if, according to the knowledge and records of the utility or payor of the check, during that period, a claim to the check has not been asserted or an act of ownership by the payee has not been exercised.
(c)  A utility deposit is not presumed abandoned for two years from the time the depositor provides documentation to the utility of being called to active military service in any branch of the United States armed forces during any part of the period described by Subsection (b).
Added by Acts 2011, 82nd Leg., R.S., Ch. 685 (H.B. 257), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 5.01, eff. September 28, 2011.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 72 - Abandonment of Personal Property › Subchapter B. Presumption of Abandonment › Section 72.102. Traveler's Check and Money Order

Sec. 72.102.  TRAVELER'S CHECK AND MONEY ORDER.  (a)  A traveler's check or money order is not presumed to be abandoned under this chapter unless:
(1)  the records of the issuer of the check or money order indicate that it was purchased in this state;
(2)  the issuer's principal place of business is in this state and the issuer's records do not indicate the state in which the check or money order was purchased;  or
(3)  the issuer's principal place of business is in this state, the issuer's records indicate that the check or money order was purchased in another state, and the laws of that state do not provide for the escheat or custodial taking of the check or money order.
(b)  A traveler's check to which Subsection (a) applies is presumed to be abandoned on the latest of:
(1)  the 15th anniversary of the date on which the check was issued;
(2)  the 15th anniversary of the date on which the issuer of the check last received from the owner of the check communication concerning the check;  or
(3)  the 15th anniversary of the date of the last writing, on file with the issuer, that indicates the owner's interest in the check.
(c)  A money order to which Subsection (a) applies is presumed to be abandoned on the latest of:
(1)  the third anniversary of the date on which the money order was issued;
(2)  the third anniversary of the date on which the issuer of the money order last received from the owner of the money order communication concerning the money order; or
(3)  the third anniversary of the date of the last writing, on file with the issuer, that indicates the owner's interest in the money order.
Acts 1983, 68th Leg., p. 3593, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 230, Sec. 10, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1037, Sec. 8, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 179, Sec. 1, eff. June 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 685 (H.B. 257), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 72 - Abandonment of Personal Property › Subchapter B. Presumption of Abandonment › Section 72.1021. Shares of Mutual Fund; Designation of Representative for Notice

Sec. 72.1021.  SHARES OF MUTUAL FUND; DESIGNATION OF REPRESENTATIVE FOR NOTICE. (a) The owner of shares of a mutual fund may designate the name and a mailing or e-mail address of a representative of the owner only for the purpose of receiving the notice required by Section 74.1011. The owner is not required to designate a representative under this subsection.
(a-1)  A holder of shares of a mutual fund shall notify the owner of the shares when the owner makes the initial purchase of shares in the fund that the owner may designate a representative under Subsection (a).
(b)  The comptroller shall prescribe a form that a holder of shares of a mutual fund may make available to an owner of the shares to designate a representative for notice under this section.
(c)  A representative for notice designated under this section does not have any rights to the mutual fund shares and may not access the shares.
(d)  The running of the three-year period of abandonment under Section 72.101 ceases immediately if a representative designated under this section communicates to the holder that the representative knows:
(1)  the owner's location; and
(2)  that the owner exists and has not abandoned the shares of the mutual fund.
Added by Acts 2015, 84th Leg., R.S., Ch. 925 (H.B. 1454), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 170 (H.B. 2964), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 72 - Abandonment of Personal Property › Subchapter B. Presumption of Abandonment › Section 72.103. Preservation of Property

Sec. 72.103.  PRESERVATION OF PROPERTY.  Notwithstanding any other provision of this title except a provision of this section or Section 72.1016 relating to a money order or a stored value card, a holder of abandoned property shall preserve the property and may not at any time, by any procedure, including a deduction for service, maintenance, or other charge, transfer or convert to the profits or assets of the holder or otherwise reduce the value of the property.  For purposes of this section, value is determined as of the date of the last transaction or contact concerning the property, except that in the case of a money order, value is determined as of the date the property is presumed abandoned under Section 72.102(c).  If a holder imposes service, maintenance, or other charges on a money order prior to the time of presumed abandonment, such charges may not exceed the amount of $1 per month for each month the money order remains uncashed prior to the month in which the money order is presumed abandoned.
Acts 1983, 68th Leg., p. 3594, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 230, Sec. 11, eff. Sept. 1, 1985;  Acts 1997, 75th Leg., ch. 1037, Sec. 9, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 179, Sec. 2, eff. June 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 81 (S.B. 446), Sec. 4, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 685 (H.B. 257), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 72 - Abandonment of Personal Property › Subchapter B. Presumption of Abandonment › Section 72.104. Tangible Personal Property Held by County

Sec. 72.104.  TANGIBLE PERSONAL PROPERTY HELD BY COUNTY.  Tangible personal property that is found on county land or in a county park, facility, or right-of-way is presumed abandoned if, for longer than 120 days:
(1)  the personal property is held by the county;
(2)  the existence and location of the owner of the personal property is unknown to the county; and
(3)  according to the knowledge and records of the county, a claim to the personal property has not been asserted or an act of ownership of the personal property has not been exercised.
Added by Acts 2015, 84th Leg., R.S., Ch. 606 (S.B. 569), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 73 - Property Held by Financial Institutions › Subchapter A. General Provisions › Section 73.001. Definitions and Application of Chapter

Sec. 73.001.  DEFINITIONS AND APPLICATION OF CHAPTER.  (a)  In this chapter:
(1)  "Account" means funds deposited with a depository in an interest-bearing account, a checking or savings account, or a child support debit card account established under Section 234.010, Family Code, or funds received by a depository in exchange for the purchase of a stored value card.
(2)  "Depositor" means a person who has an ownership interest in an account.
(3)  "Owner" means a person who has an ownership interest in a safe deposit box.
(4)  "Holder" means a depository.
(5)  "Check" includes a draft, cashier's check, certified check, registered check, or similar instrument.
(b)  This chapter supplements other chapters in this title, and each chapter shall be followed to the extent applicable.
(c)  Any property, other than an account, check, or safe deposit box, held by a depository is subject to the abandonment provisions of Chapter 72.
(d)  A holder of accounts, checks, or safe deposit boxes presumed abandoned under this chapter is subject to the procedures of Chapter 74.
Acts 1983, 68th Leg., p. 3607, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 230, Sec. 13, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 153, Sec. 7, 8, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1037, Sec. 11, 12, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 81 (S.B. 446), Sec. 5, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 551 (S.B. 1777), Sec. 3, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 35, eff. June 19, 2009.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 73 - Property Held by Financial Institutions › Subchapter A. General Provisions › Section 73.002. Depository

Sec. 73.002.  DEPOSITORY.  For the purposes of this chapter, a depository is a bank, savings and loan association, credit union, or other banking organization that:
(1)  receives and holds a deposit of money or the equivalent of money in banking practice or other personal property in this state;  or
(2)  receives and holds such a deposit or other personal property in another state for a person whose last known residence is in this state.
Acts 1983, 68th Leg., p. 3607, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 13, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 73 - Property Held by Financial Institutions › Subchapter A. General Provisions › Section 73.003. Preservation of Inactive Account or Safe Deposit Box

Sec. 73.003.  PRESERVATION OF INACTIVE ACCOUNT OR SAFE DEPOSIT BOX.  (a)  A depository shall preserve an account that is inactive and the contents of a safe deposit box that is inactive.  The depository may not, at any time, by any procedure, including the imposition of a service charge, transfer or convert to the profits or assets of the depository or otherwise reduce the value of the account or the contents of such a box.  For purposes of this subsection, value is determined as of the date the account or safe deposit box becomes inactive.
(b)  An account is inactive if for more than one year there has not been a debit or credit to the account because of an act by the depositor or an agent of the depositor, other than the depository, and the depositor has not communicated with the depository.  A safe deposit box is inactive if the rental on the box is delinquent.
(c)  This section does not affect the provisions of Subchapter B, Chapter 59, Finance Code.
Acts 1983, 68th Leg., p. 3607, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 8(b), eff. Oct. 2, 1984;  Acts 1985, 69th Leg., ch. 230, Sec. 14, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 153, Sec. 9, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 36, Sec. 3.02, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 914, Sec. 11, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1037, Sec. 13, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 7.85, eff. Sept. 1, 1999.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 73 - Property Held by Financial Institutions › Subchapter B. Presumption of Abandonment › Section 73.101. Inactive Account or Safe Deposit Box Presumed Abandoned

Sec. 73.101.  INACTIVE ACCOUNT OR SAFE DEPOSIT BOX PRESUMED ABANDONED.  (a)  An account or safe deposit box is presumed abandoned if:
(1)  except as provided by Subsection (c), the account or safe deposit box has been inactive for at least five years as determined under Subsection (b);
(2)  the location of the depositor of the account or owner of the safe deposit box is unknown to the depository; and
(3)  the amount of the account or the contents of the box have not been delivered to the comptroller in accordance with Chapter 74.
(b)  For purposes of Subsection (a)(1):
(1)  an account becomes inactive beginning on the date of the depositor's last transaction or correspondence concerning the account;  and
(2)  a safe deposit box becomes inactive beginning on the date a rental was due but not paid.
(c)  If the account is a checking or savings account or is a matured certificate of deposit, the account is presumed abandoned if the account has been inactive for at least three years as determined under Subsection (b)(1).
Acts 1983, 68th Leg., p. 3607, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 8(d), eff. Oct. 2, 1984;  Acts 1985, 69th Leg., ch. 230, Sec. 16, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 153, Sec. 11, 12, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1037, Sec. 14, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 16.05, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 685 (H.B. 257), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 73 - Property Held by Financial Institutions › Subchapter B. Presumption of Abandonment › Section 73.102. Checks

Sec. 73.102.  CHECKS.  A check is presumed to be abandoned on the latest of:
(1)  the third anniversary of the date the check was payable;
(2)  the third anniversary of the date the issuer or payor of the check last received documented communication from the payee of the check;  or
(3)  the third anniversary of the date the check was issued if, according to the knowledge and records of the issuer or payor of the check, during that period, a claim to the check has not been asserted or an act of ownership by the payee has not been exercised.
Added by Acts 1997, 75th Leg., ch. 1037, Sec. 15, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 73 - Property Held by Financial Institutions › Subchapter B. Presumption of Abandonment › Section 73.103. Designation of Representative for Notice

Sec. 73.103.  DESIGNATION OF REPRESENTATIVE FOR NOTICE. (a) The depositor of an account or the owner of the contents of a safe deposit box may designate the name and a mailing or e-mail address of a representative of the depositor or the owner only for the purpose of receiving the notice required by Section 74.1011. The depositor or owner is not required to designate a representative under this subsection.
(b)  The comptroller shall prescribe a form that a holder of an account or the contents of a safe deposit box may make available to a depositor of the account or owner of the contents of the box to designate a representative for notice under this section.
(c)  A representative for notice designated under this section does not have any rights to the account or safe deposit box and may not access the account or box.
(d)  The running of a period of abandonment under Section 73.101 ceases immediately if a representative designated under this section communicates to the holder that the representative knows:
(1)  the depositor's or owner's location; and
(2)  that the depositor or owner exists and has not abandoned the account or the contents of a safe deposit box.
Added by Acts 2015, 84th Leg., R.S., Ch. 925 (H.B. 1454), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter A. Applicability › Section 74.001. Applicability

Sec. 74.001.  APPLICABILITY.  (a)  Except as  provided by this section, this chapter applies to:
(1)  property that is presumed abandoned under Chapter 72, Chapter 73, or Chapter 75;
(2)  property that is presumed abandoned under Chapter 154, Finance Code;
(3)  unclaimed proceeds under Chapter 1109, Insurance Code; or
(4)  any other law requiring a person to report and deliver property to the comptroller under this chapter.
(b)  This chapter does not apply to a holder of property subject to Chapter 76.
(c)  This chapter does not apply to small credit balances held by an institution of higher education in an unclaimed money fund under Section 51.011, Education Code.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 13, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1037, Sec. 16, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 465, Sec. 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 2.03, eff. Jan. 11, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 1.07, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 2, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 4, eff. May 18, 2021.
2023 Texas Statutes › Property Code › Title 6 - Unclaimed Property › Chapter 74 - Report, Delivery, and Claims Process › Subchapter B. Property Report › Section 74.1011. Notice by Property Holder Required

Sec. 74.1011.  NOTICE BY PROPERTY HOLDER REQUIRED.  (a)  Except as provided by Subsection (b), a holder who on March 1  holds property to which this chapter applies that is valued at more than $250 shall, not later than the 60th  day before the date the property is delivered to the comptroller, provide to the owner by mail to the last known address of the owner or by e-mail written notice stating that:
(1)  the holder is holding the property; and
(2)  the holder may be required to deliver the property to the comptroller on or before July 1 if the property is not claimed.
(b)  The notice required under Subsection (a) does not apply to a holder who:
(1)  has already provided such notice to the owner of the property or a person entitled to the property under existing federal law, rules, and regulations or state law within the time specified under Subsection (a); or
(2)  does not have a record of a physical or e-mail address for the property owner or any other person entitled to the property.
(b-1)  If an owner has designated a representative for notice under Section 72.1021 or 73.103, the holder shall mail or e-mail the written notice required under Subsection (a) to the representative in addition to providing written notice to the owner.
(c)  A holder that provides notice under this section may charge the cost of the postage as a service charge against the property.
Added by Acts 2009, 81st Leg., R.S., Ch. 232 (S.B. 1589), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 685 (H.B. 257), Sec. 7, eff. January 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 925 (H.B. 1454), Sec. 4, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 6, eff. May 18, 2021.