Title PR, Property Code

Sec. 77.054. CONFIDENTIALITY OF PROPERTY REPORT. (a) The property report filed with the comptroller under Section 77.051 is confidential and is not subject to disclosure under Chapter 552, Government Code. (b) The social security number, driver's license or state identification n…

Sec. 77.055. EXCEPTION TO LIABILITY. (a) It is an exception to the application of Section 552.352, Government Code, that the comptroller or an officer or employee of the comptroller's office published or disclosed information in reliance on the report filed with the comptroller u…

Sec. 77.101. NOTICE. The comptroller may use one or more methods as necessary to provide the most efficient and effective notice to victims that the comptroller is holding unclaimed restitution payments that are subject to this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 35…

Sec. 77.102. PUBLICATION. Notwithstanding Section 77.054, the comptroller may publish on the Internet information regarding unclaimed restitution payments received by the comptroller, except that the comptroller may not publish information that identifies a person as a victim or …

Sec. 77.151. DELIVERY OF PROPERTY TO COMPTROLLER. Each holder who on March 1 holds an unclaimed restitution payment that is presumed abandoned under Section 76.013 or 508.322, Government Code, shall deliver the property to the comptroller on or before the following July 1 accompa…

Sec. 77.152. RESPONSIBILITY AFTER DELIVERY. (a) If an unclaimed restitution payment that is presumed abandoned under Section 76.013 or 508.322, Government Code, is reported and delivered to the comptroller, the state shall assume custody of the payment and responsibility for its …

Sec. 77.201. CLAIM FILED WITH COMPTROLLER. (a) The comptroller shall review the validity of each claim for an unclaimed restitution payment filed under this section. (b) If the comptroller determines a claim for an unclaimed restitution payment is valid, the comptroller shall app…

Sec. 77.202. CLAIMS NOT ASSIGNABLE. Notwithstanding Section 9.406(f), Business & Commerce Code, an interest in a claim under this chapter may not be assigned. Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.

Sec. 77.203. CLAIM FILED WITH HOLDER. (a) If a claim for an unclaimed restitution payment is filed with a holder under this section and the holder determines in good faith that the claim is valid, the holder may pay the amount of the claim. (b) The comptroller may reimburse the h…

Sec. 77.204. APPEAL. (a) A person aggrieved by the decision of a claim filed under this chapter may appeal the decision before the 61st day after the day on which it was rendered. (b) If a claim has not been decided before the 91st day after the day on which it was filed, the cla…

Sec. 77.205. LIMITATION OF LIABILITY. The liability of the state is limited to the extent of the property delivered under this chapter and remaining in the possession of the comptroller at the time a suit is filed. Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4,…

Sec. 77.206. FEE FOR RECOVERY. (a) A person who informs a potential claimant that the claimant may be entitled to claim property under this chapter may not contract for or receive from the claimant for services an amount that exceeds 10 percent of the value of the property recove…

Sec. 77.251. UNCLAIMED RESTITUTION PAYMENTS. (a) The comptroller shall maintain a record that documents unclaimed restitution payments received under this chapter. (b) The comptroller shall deposit all unclaimed restitution payments to the credit of the compensation to victims of…

Sec. 77.252. USE OF MONEY. (a) Except as provided by Subsection (b) and Chapter 56B, Code of Criminal Procedure, money in the compensation to victims of crime auxiliary fund may only be used to pay claims as provided by this chapter and is not available for any other purpose. Sec…

Sec. 77.253. EXCESS CLAIMS. The comptroller may pay a claim under this chapter that is more than the money available in the compensation to victims of crime auxiliary fund using funds appropriated by the legislature for paying claims under this title. Added by Acts 2017, 85th Leg…

Sec. 77.301. RULES. The comptroller may adopt rules necessary to carry out this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.

Sec. 77.302. EXAMINATION OF RECORDS. (a) To enforce this chapter and to determine whether reports have been made as required by this chapter, the comptroller, the attorney general, or an authorized agent of either, may, at any reasonable time and place, examine the books and reco…

Sec. 77.303. AUTHORITY TO TAKE TESTIMONY AND ISSUE ADMINISTRATIVE SUBPOENAS. (a) In addition to the authority to examine granted by Section 77.302, to enforce this chapter and to determine whether reports have been made as required by this chapter, the comptroller, or the comptro…

Sec. 77.304. ENFORCEMENT OF SUBPOENAS. (a) If the person to whom a subpoena is directed under Section 77.303 fails to comply with the subpoena, or fails to file a motion to quash or otherwise demand a pre-compliance review of the subpoena, within the return date specified in the …

Sec. 77.305. VENUE FOR PRE-COMPLIANCE REVIEW. A person receiving a subpoena under this chapter may, before the return date specified in the subpoena, petition a district court in Travis County for an order to modify or quash the subpoena. Added by Acts 2017, 85th Leg., R.S., Ch. …

Sec. 77.306. ASSISTANCE IN ENFORCEMENT. If the comptroller or attorney general requests, any state agency, county clerk, district clerk, county attorney, or district attorney shall assist the comptroller or attorney general in enforcing this chapter. Added by Acts 2017, 85th Leg.…

Sec. 77.307. PENALTY. A penalty equal to five percent of the value of the unclaimed restitution payment due shall be imposed on a holder who fails to pay or deliver the payment within the time prescribed by this chapter. If a holder fails to pay or deliver an unclaimed restitutio…

Sec. 77.308. WAIVER OR ABATEMENT OF PENALTY. The comptroller may waive any penalty or interest imposed under this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 4, eff. September 1, 2017.