Bill Text: TX SB1711 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the claim process for unclaimed property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-22 - Referred to Business & Commerce [SB1711 Detail]
Download: Texas-2017-SB1711-Introduced.html
85R1067 PMO-D | ||
By: Huffines | S.B. No. 1711 |
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relating to the claim process for unclaimed property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 74.501, Property Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) If the comptroller or the comptroller's authorized | ||
agent determines that a claim is not valid, the comptroller or the | ||
comptroller's authorized agent shall deny the claim. The | ||
comptroller or the comptroller's authorized agent shall mail to the | ||
person aggrieved by the denial decision a notice that states that: | ||
(1) the claim is denied; and | ||
(2) the person may: | ||
(A) before the 61st day after the day on which the | ||
decision was rendered appeal the denial decision under Section | ||
74.506; or | ||
(B) not later than the first anniversary of the | ||
date the decision was rendered: | ||
(i) request a hearing under Section 74.5065 | ||
for review of the denial decision; or | ||
(ii) appeal the denial decision under | ||
Section 74.5066. | ||
SECTION 2. Section 74.506, Property Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) A person who appeals a decision of a claim under this | ||
section waives the right to a review hearing under Section 74.5065 | ||
and an appeal under Section 74.5066. | ||
SECTION 3. Subchapter F, Chapter 74, Property Code, is | ||
amended by adding Sections 74.5065 and 74.5066 to read as follows: | ||
Sec. 74.5065. REVIEW OF CLAIM DENIAL DECISION. (a) A | ||
person aggrieved by the denial of a claim under Section 74.501 may | ||
request a hearing to review the denial decision by submitting to the | ||
comptroller or the comptroller's authorized agent a request in | ||
writing not later than the first anniversary of the date the claim | ||
was denied. | ||
(b) If a request is submitted as provided by Subsection (a), | ||
the comptroller or the comptroller's authorized agent shall hold a | ||
hearing not later than the 30th day after the date the comptroller | ||
or the comptroller's authorized agent receives the request for | ||
review. | ||
(c) At the hearing, the aggrieved person may present | ||
relevant evidence and argument against the denial of the claim. | ||
(d) Not later than the 30th day after the date of the | ||
conclusion of the hearing, the comptroller or the comptroller's | ||
authorized agent shall affirm or reverse the denial of the claim. | ||
The comptroller or the comptroller's authorized agent shall | ||
promptly notify the aggrieved person in writing of the decision | ||
issued under this subsection. If the comptroller or the | ||
comptroller's authorized agent fails to issue a decision within the | ||
period prescribed by this subsection, the denial of the claim is | ||
affirmed. | ||
(e) A person aggrieved by a decision under Subsection (d) | ||
may appeal the decision before the 61st day after the date on which | ||
the decision was issued or the date on which the decision was | ||
affirmed by operation of law if the comptroller or the | ||
comptroller's authorized agent fails to issue a decision within the | ||
prescribed period. Sections 74.506(c) and (d) apply to an appeal of | ||
the decision under this subsection. | ||
(f) A person who requests a review hearing under this | ||
section waives the right to an appeal under Section 74.5066. | ||
Sec. 74.5066. APPEAL TO JUSTICE COURT. (a) Subject to | ||
Subsection (b), a person aggrieved by the denial of a claim under | ||
Section 74.501 may appeal the denial decision by filing suit | ||
against the state in justice court in the county in which the | ||
claimant resides not later than the first anniversary of the date | ||
the decision was rendered. The state's immunity from suit without | ||
consent is abolished with respect to suits brought under this | ||
section. | ||
(b) An action may be filed under this section only if the | ||
amount in controversy is within the limits prescribed by Section | ||
27.031, Government Code. | ||
(c) A justice court shall try an action filed under this | ||
section de novo. | ||
(d) A person who appeals a denial decision under this | ||
section waives the right to a review hearing under Section 74.5065. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
a claim filed on or after the effective date of this Act. A claim | ||
filed before the effective date of this Act is governed by the law | ||
in effect on the date the claim was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2017. |