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  S.B. No. 1589
 
 
 
 
AN ACT
  relating to the reporting and handling of unclaimed property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (c), Section 74.101, Property Code,
  is amended to read as follows:
         (c)  The property report must include, if known by the
  holder:
               (1)  the name, [and] social security number, driver's
  license or state identification number, e-mail address [if known],
  and the last known address[, if any,] of:
                     (A)  each person who, from the records of the
  holder of the property, appears to be the owner of the property;[,]
  or
                     (B)  [the name and address, if known, of] any
  person who is entitled to the property;
               (2)  a description of the property, the identification
  number, if any, and, if appropriate, a balance of each account,
  except as provided by Subsection (d);
               (3)  the date that the property became payable,
  demandable, or returnable;
               (4)  the date of the last transaction with the owner
  concerning the property; and
               (5)  other information that the comptroller by rule
  requires to be disclosed as necessary for the administration of
  this chapter.
         SECTION 2.  Subchapter B, Chapter 74, Property Code, is
  amended by adding Section 74.1011 to read as follows:
         Sec. 74.1011.  NOTICE BY PROPERTY HOLDER REQUIRED.  
  (a)  Except as provided by Subsection (b), a holder who on June 30
  holds property valued at more than $250 that is presumed abandoned
  under Chapter 72, 73, or 75 of this code or Chapter 154, Finance
  Code, shall, on or before the following August 1, mail to the last
  known address of the known owner 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 November 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 an address for the
  property owner or any other person entitled to the property.
         (c)  A holder that provides notice under this section may
  charge the cost of the postage as a service charge against the
  property.
         SECTION 3.  The heading to Subchapter C, Chapter 74,
  Property Code, is amended to read as follows:
  SUBCHAPTER C.  NOTICE BY COMPTROLLER
         SECTION 4.  Section 74.601, Property Code, is amended by
  adding Subsection (g) to read as follows:
         (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.
         SECTION 5.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.0111 to read as follows:
         Sec. 411.0111.  PROVISION OF CERTAIN INFORMATION TO
  COMPTROLLER.  (a)  Not later than June 1 of each year, the
  department shall provide to the comptroller, for the purpose of
  assisting the comptroller in the identification of persons entitled
  to unclaimed property reported to the comptroller, the name,
  address, social security number, date of birth, and driver's
  license or state identification number of each person about whom
  the department has such information in its records.
         (b)  Information provided to the comptroller under this
  section is confidential and may not be disclosed to the public.
         (c)  The department shall provide the information in the
  format prescribed by rule of the comptroller.
         SECTION 6.  Subchapter A, Chapter 811, Government Code, is
  amended by adding Section 811.010 to read as follows:
         Sec. 811.010.  PROVISION OF CERTAIN INFORMATION TO
  COMPTROLLER.  (a)  Not later than June 1 of each year, the
  retirement system shall provide to the comptroller, for the purpose
  of assisting the comptroller in the identification of persons
  entitled to unclaimed property reported to the comptroller, the
  name, address, social security number, and date of birth of each
  member, retiree, and beneficiary from the retirement system's
  records.
         (b)  Information provided to the comptroller under this
  section is confidential and may not be disclosed to the public.
         (c)  The retirement system shall provide the information in
  the format prescribed by rule of the comptroller.
         SECTION 7.  Subchapter A, Chapter 821, Government Code, is
  amended by adding Section 821.010 to read as follows:
         Sec. 821.010.  PROVISION OF CERTAIN INFORMATION TO
  COMPTROLLER.  (a)  Not later than June 1 of each year, the
  retirement system shall provide to the comptroller, for the purpose
  of assisting the comptroller in the identification of persons
  entitled to unclaimed property reported to the comptroller, the
  name, address, social security number, and date of birth of each
  member, retiree, and beneficiary from the retirement system's
  records.
         (b)  Information provided to the comptroller under this
  section is confidential and may not be disclosed to the public.
         (c)  The retirement system shall provide the information in
  the format prescribed by rule of the comptroller.
         SECTION 8.  Subchapter F, Chapter 301, Labor Code, is
  amended by adding Section 301.086 to read as follows:
         Sec. 301.086.  PROVISION OF CERTAIN INFORMATION TO
  COMPTROLLER.  (a)  Not later than June 1 of each year, the
  commission shall provide to the comptroller, for the purpose of
  assisting the comptroller in the identification of persons entitled
  to unclaimed property reported to the comptroller, the name,
  address, social security number, and date of birth of each person
  about whom the commission has such information in its records.
         (b)  Information provided to the comptroller under this
  section is confidential and may not be disclosed to the public.
         (c)  The commission shall provide the information in the
  format prescribed by rule of the comptroller.
         SECTION 9.  The heading to Section 521.044, Transportation
  Code, is amended to read as follows:
         Sec. 521.044.  USE OR DISCLOSURE OF SOCIAL SECURITY NUMBER
  INFORMATION [FOR CHILD SUPPORT COLLECTION].
         SECTION 10.  Subsection (a), Section 521.044,
  Transportation Code, is amended to read as follows:
         (a)  Information provided on a driver's license application
  that relates to the applicant's social security number may be used
  only by the department or disclosed only to:
               (1)  the child support enforcement division of the
  attorney general's office;
               (2)  another state entity responsible for enforcing the
  payment of child support; [or]
               (3)  the United States Selective Service System as
  provided by Section 521.147; or
               (4)  the unclaimed property division of the
  comptroller's office.
         SECTION 11.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1589 passed the Senate on
  April 30, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1589 passed the House on
  May 15, 2009, by the following vote:  Yeas 142, Nays 2, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor