H.B. No. 1866

	AN ACT
	relating to compensation and restitution to crime victims and the
	disposition of unclaimed restitution payments; providing for an
	administrative penalty; authorizing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 56.54, Code of Criminal Procedure, is
	amended by amending Subsections (a), (d), (f), (g), and (l) and
	adding Subsection (m-1) to read as follows:
	(a)  The compensation to victims of crime fund is [and the
	compensation to victims of crime auxiliary fund are] in the state
	treasury.
	(d)  The attorney general may not make compensation payments
	in excess of the amount of money available in the compensation to
	victims of crime fund [from the combined funds].
	(f)  The office of the attorney general is authorized to
	accept gifts, grants, and donations to be credited to the
	compensation to victims of crime fund [and compensation to victims
	of crime auxiliary fund] and shall file annually with the governor
	and the presiding officer of each house of the legislature a
	complete and detailed written report accounting for all gifts,
	grants, and donations received and disbursed, used, or maintained
	by the office for the attorney general that are credited to the fund
	[these funds].
	(g)  Money in the compensation to victims of crime fund [or
	in the compensation to victims of crime auxiliary fund] may be used
	only as provided by this subchapter and is not available for any
	other purpose. Section 403.095, Government Code, does not apply to
	the fund.
	(l)  As appropriated by the legislature, the [The] attorney
	general may use the compensation to victims of crime auxiliary fund
	to cover costs incurred by the attorney general in administering
	the address confidentiality program established under Subchapter
	C.
	(m-1)  Notwithstanding Subsection (m), the attorney general
	may not transfer money under that subsection during a fiscal year
	beginning September 1, 2017, or September 1, 2018. This subsection
	expires September 1, 2019.
	SECTION 2.  Section 76.013, Government Code, is amended by
	amending Subsections (a), (b), and (c) and adding Subsections
	(b-1), (b-2), and (b-3) to read as follows:
	(a)  If a judge requires a defendant to make restitution to a
	victim of the defendant's offense, and a restitution payment is
	received by a department from the defendant for transmittal to a
	victim of the offense, the department [that receives the payment
	for disbursement to the victim] shall immediately deposit the
	payment in an interest-bearing account in the county treasury as
	required by Section 140.003(f), Local Government Code.
	(b)  If a department receives an initial restitution payment
	[is received by a department], the department shall immediately
	[shall] notify the victim [of that fact] by certified mail, mailed
	to the last known address of the victim, that the restitution
	payment has been received and shall inform the victim of how a claim
	for payment of restitution can be made. [If a victim then makes a
	claim for payment, the department promptly shall remit the payment
	to the victim. A department is obligated to make a good faith
	effort to locate and notify a victim that an unclaimed payment
	exists. The department satisfies the good faith requirement under
	this subsection by sending to the victim by certified mail on any
	one occasion during the period the defendant is required to make
	payments a notice that the victim is entitled to an unclaimed
	payment. Not earlier than the fifth anniversary of the date on
	which the department mails notice under this subsection, if the
	victim has not made a claim for payment, the department shall
	transfer from the interest-bearing account to the comptroller all
	payments received. After making an initial transfer of payments to
	the comptroller under this subsection, the department, not later
	than the 121st day after the date the department receives a
	subsequent payment, shall transfer the subsequent payment to the
	comptroller. The department shall deduct five percent of the
	payment or subsequent payment as a collection fee and deduct any
	interest accrued on the payment or subsequent payment before
	transferring the payment to the comptroller under this subsection.
	The comptroller shall deposit the payment in the state treasury to
	the credit of the compensation to victims of crime auxiliary fund.]
	(b-1)  If a victim makes a claim for payment of restitution
	with the department, the department shall promptly remit to the
	victim all restitution payments received by the department from the
	defendant for transmittal to the victim.
	(b-2)  If a victim who is entitled to restitution does not
	make a claim for payment before the fifth anniversary of the date
	the department receives the initial restitution payment or if,
	after the victim makes a claim for payment, the department is unable
	to locate the victim for a period of five years after the date the
	department last made a payment to the victim, any unclaimed
	restitution payments being held by the department for payment to
	the victim are presumed abandoned. The department shall report and
	deliver to the comptroller all unclaimed restitution payments
	presumed abandoned under this section, less a collection fee of one
	and one-half percent, in the manner provided by Chapter 77,
	Property Code.
	(b-3)  If on March 1 a department is not holding unclaimed
	restitution payments that are presumed abandoned under this
	section, the department shall file a property report under Section
	77.051, Property Code, that certifies that the department is not
	holding any unclaimed restitution payments that are presumed
	abandoned under this section.
	(c)  The collection fee under Subsection (b-2) [(b)] and the
	accrued interest under Subsection [Subsections] (a) [and (b)] shall
	be deposited in the special fund of the county treasury provided by
	Section 509.011 to be used for the same purposes for which state aid
	may be used under that section. [The department has a maximum of
	121 days after the five-year expiration date to transfer the funds
	to the comptroller's office. Failure to comply with the 121-day
	deadline will result in a five percent collection fee penalty
	calculated from the total deposit and all interest attributable to
	the unclaimed funds.]
	SECTION 3.  Section 508.322, Government Code, is amended by
	amending Subsection (e) and adding Subsection (f) to read as
	follows:
	(e)  If a victim who is entitled to restitution does not make
	a claim for payment before the fifth anniversary of the date the
	department receives the initial restitution payment or if, after
	the victim makes a claim for payment, the department is unable to
	locate the victim for a period of five years after the date the
	department last made a payment to the victim, any unclaimed
	restitution payments being held by the department for payment to
	the victim are presumed abandoned. The department shall report and
	deliver to the comptroller all unclaimed restitution payments
	presumed abandoned under this section in the manner provided by
	Chapter 77, Property Code [Money that remains unclaimed shall be
	transferred to the compensation to victims of crime auxiliary fund
	on the fifth anniversary of the date the money was deposited to the
	credit of the releasee restitution fund].
	(f)  If on March 1 a department is not holding unclaimed
	restitution payments that are presumed abandoned under this
	section, the department shall file a property report under Section
	77.051, Property Code, that certifies that the department is not
	holding any unclaimed restitution payments that are presumed
	abandoned under this section.
	SECTION 4.  Title 6, Property Code, is amended by adding
	Chapter 77 to read as follows:
	CHAPTER 77. REPORT, DELIVERY, AND CLAIMS PROCESS FOR
	UNCLAIMED RESTITUTION PAYMENTS
	SUBCHAPTER A. APPLICABILITY
	Sec. 77.001.  APPLICABILITY. This chapter applies to
	unclaimed restitution payments that are presumed abandoned under
	Section 76.013 or 508.322, Government Code.
	SUBCHAPTER B. PROPERTY REPORT
	Sec. 77.051.  PROPERTY REPORT. (a) Notwithstanding the
	confidentiality provisions of Chapters 57, 57A, 57B, and 57D, Code
	of Criminal Procedure, 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 file a property report with the
	comptroller on or before the following July 1. The comptroller may
	prescribe the form to be used for the report required by this
	section and may require the report to be filed electronically.
	(b)  The property report must include, if known by the
	holder:
	(1)  the name, social security number, driver's license
	or state identification number, e-mail address, and last known
	address of the victim who, from the records of the holder, is
	entitled to the unclaimed restitution payment;
	(2)  the cause number of the case in which a judge
	ordered a defendant to pay restitution to the victim, the amount of
	restitution ordered, and the balance owed to the victim;
	(3)  the date of the last transaction with the victim
	concerning the restitution payments; and
	(4)  other information that the comptroller requires to
	be disclosed as necessary for the administration of this chapter.
	(c)  A holder who is required by Subsection (a) to file a
	report in any year shall file a report each successive year
	thereafter. If a person required to file a report under this
	subsection is not holding any restitution payments that are
	presumed abandoned under Section 76.013 or 508.322, Government
	Code, the person shall certify that the person is not holding any
	restitution payments that are presumed abandoned under those
	sections.
	Sec. 77.052.  NOTICE BY HOLDER REQUIRED. A holder who on
	March 1 holds an unclaimed restitution payment that is presumed
	abandoned under Section 76.013 or 508.322, Government Code, shall,
	on or before the following May 1, mail to the last known address of
	the victim entitled to the unclaimed restitution payment written
	notice stating that:
	(1)  the holder is holding the restitution payment to
	which the victim is entitled; and
	(2)  the holder may be required to deliver the
	restitution payment to the comptroller on or before July 1 if the
	victim does not claim the restitution payment.
	Sec. 77.053.  SIGNED STATEMENT. (a) The person preparing a
	property report required by this chapter shall provide with each
	copy of the report a statement signed by the holder's chief fiscal
	officer, as designated by the holder. The signature required by
	this section may be in an electronic or other form prescribed by the
	comptroller and shall have the same effect as an original
	signature.
	(b)  The statement must include the following sentence:
	"This report contains a full and complete list of all
	restitution payments held by the undersigned that, from the
	knowledge and records of the undersigned, are abandoned under the
	laws of the State of Texas."
	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 number, and address of a victim are confidential and
	are not subject to disclosure under Chapter 552, Government Code.
	For the purposes of this subsection, the victim's address includes
	information that identifies a victim's place of residence or post
	office box but does not include the city or county in which the
	victim resides.
	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 under Section 77.051.
	(b)  The comptroller or an officer or employee of the
	comptroller's office is immune from any civil liability for
	publishing or disclosing confidential information under this
	section if the comptroller, officer, or employee published or
	disclosed the information in reliance on the report filed with the
	comptroller under Section 77.051.
	SUBCHAPTER C. NOTICE BY COMPTROLLER
	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.
	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 information that identifies a victim's
	address. For the purposes of this subsection, the victim's address
	includes information that identifies a victim's place of residence
	or post office box but does not include the city or county in which
	the victim resides.
	SUBCHAPTER D. DELIVERY
	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 accompanied by the report required to be filed
	under Section 77.051.
	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 safekeeping.
	(b)  A holder who delivers an unclaimed restitution payment
	to the comptroller in compliance with this chapter is relieved of
	all liability to the extent of the value of the payment delivered
	for any claim then existing, that may arise after delivery to the
	comptroller, or that may be made with respect to the payment.
	(c)  If the holder delivers an unclaimed restitution payment
	to the comptroller in good faith and, after delivery, a person
	claims the property from the holder, the attorney general shall, on
	written notice of the claim, defend the holder against the claim,
	and the holder shall be indemnified against any liability on the
	claim.
	SUBCHAPTER E. CLAIM FOR DELIVERED PROPERTY
	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 approve the
	claim. If a claim is approved under this section, the comptroller
	shall pay the claim.
	(c)  All claims to which this section applies must be filed
	in accordance with the procedures, contain the information, and be
	on forms prescribed by the comptroller.
	(d)  On receipt of a claim form and all necessary
	documentation as may be appropriate under the circumstances, the
	comptroller may approve the claim of:
	(1)  the victim;
	(2)  if the victim died testate:
	(A)  the appropriate legal beneficiaries of the
	victim as provided by the last will and testament of the victim that
	has been accepted into probate or filed as a muniment of title; or
	(B)  the executor of the victim's last will and
	testament who holds current letters testamentary;
	(3)  if the victim died intestate or is deceased and
	presumed intestate:
	(A)  the legal heirs of the victim as provided by
	Chapter 201, Estates Code; or
	(B)  the court-appointed administrator of the
	victim's estate, on behalf of the legal heirs of the victim;
	(4)  the legal heirs of the victim as established by an
	affidavit of heirship order signed by a judge of the county probate
	court or by a county judge;
	(5)  if the victim is a minor child or an adult who has
	been adjudged incompetent by a court of law, the parent or legal
	guardian of the child or adult;
	(6)  if the victim is a trust:
	(A)  the trustee, on behalf of the trust; or
	(B)  the beneficiaries of the trust, if the trust
	is dissolved;
	(7)  if the victim is a corporation:
	(A)  the president or chair of the board of
	directors of the corporation, on behalf of the corporation;
	(B)  any person who has been delegated legal
	authority to act on behalf of the corporation by the president or
	board of directors of the corporation; or
	(C)  a receiver appointed for the corporation;
	(8)  if the victim is a corporation that has been
	dissolved, liquidated, or otherwise terminated:
	(A)  the surviving shareholders of the
	corporation in proportion to their ownership of the corporation at
	the time of dissolution, liquidation, or termination;
	(B)  the corporation's bankruptcy trustee; or
	(C)  a receiver appointed for the corporation;
	(9)  if the victim is a state agency, the comptroller;
	or
	(10)  any other person that is entitled to receive the
	unclaimed restitution payment under other law or comptroller
	policy.
	(e)  Except as provided by Subsections (f) and (g), the
	comptroller may not approve the claim of or pay a claim to the
	following persons:
	(1)  a creditor, a judgment creditor, a lienholder, or
	an assignee of the victim or of any other person entitled to receive
	an unclaimed restitution payment under this section;
	(2)  a receiver, if the receiver is appointed at the
	request of a person the comptroller may not pay under Subdivision
	(1);
	(3)  a person attempting to make a claim on behalf of a
	trust or corporation that has previously been dissolved or
	terminated, if it appears the trust or corporation was revived for
	the purpose of making a claim under this section and the person
	submitting the claim was not an authorized representative of the
	corporation or trust at the time of the dissolution or termination;
	or
	(4)  a person holding a power of attorney, if the person
	holding a power of attorney is a person the comptroller may not pay
	under this subsection.
	(f)  The comptroller may approve a claim for child support
	arrearages owed by the victim and reflected in a child support lien
	notice that complies with Section 157.313, Family Code. A claim
	under this subsection may be submitted by the lienholder.
	(g)  The comptroller may approve a claim for debts owed by
	the victim to the state or any state agency. A claim under this
	subsection may be submitted by the attorney general or the
	comptroller on behalf of the state or state agency.
	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.
	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 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 and may not exceed the amount previously reported and
	delivered by the holder to the comptroller.
	(d)  The comptroller may not reimburse a holder for a claim
	paid to a person the comptroller is not permitted to pay under
	Section 77.201(e).
	(e)  The liability of the comptroller to reimburse a holder
	under this section is limited to the extent of the property
	delivered under this chapter and remaining in the possession of the
	comptroller at the time a holder requests reimbursement.
	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 claimant may appeal within the
	60-day period beginning on the 91st day after the day of filing.
	(c)  An appeal under this section must be made by filing suit
	against the state in a district court in Travis County.
	(d)  A court shall try an action filed under this section de
	novo and shall apply the rules of practice of the court.
	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.
	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 recovered.
	(b)  A person who receives a fee for recovery from a claimant
	that exceeds 10 percent of the value of the property recovered is
	liable to the claimant for the amount of the fee plus attorney's
	fees and expenses.
	SUBCHAPTER F. UNCLAIMED PAYMENTS
	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 crime
	auxiliary fund in the state treasury.
	(c)  Income or interest derived from unclaimed restitution
	payments deposited in the fund shall remain in the compensation to
	victims of crime auxiliary fund.
	Sec. 77.252.  USE OF MONEY. (a) Except as provided by
	Subsection (b) and Chapter 56, 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. Section 403.095, Government Code, does not
	apply to the fund.
	(b)  The legislature may appropriate money in the
	compensation to victims of crime auxiliary fund to cover costs
	incurred by the comptroller in administering this chapter.
	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.
	SUBCHAPTER G. ENFORCEMENT
	Sec. 77.301.  RULES. The comptroller may adopt rules
	necessary to carry out this chapter.
	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 records of any holder.
	(b)  The comptroller, the attorney general, or an agent of
	either may not make public any information obtained by an
	examination made under this section and may not disclose that
	information except in the course of a judicial proceeding,
	authorized by this chapter, in which the state is a party or under
	an agreement with another state allowing joint audits or the
	exchange of information obtained under this section.
	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 comptroller's designee, may take
	testimony, administer oaths, and issue subpoenas to compel any
	person, at a time and place reasonable under the circumstances, to
	appear and give testimony, and to produce relevant books, records,
	documents, or other data, in whatever form, for audit, inspection,
	and copying.
	(b)  A person authorized to serve process under the Texas
	Rules of Civil Procedure may serve a subpoena issued under
	Subsection (a). The person shall serve the subpoena in accordance
	with the Texas Rules of Civil Procedure.
	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 subpoena, the attorney general shall, on the
	request of the comptroller, bring suit to enforce the subpoena. The
	suit may be brought in a state district court where service may be
	obtained on the person refusing to testify or produce records.
	(b)  A court that determines that the subpoena was issued in
	good faith shall order compliance with the subpoena. The court may
	apply penalties for civil and criminal contempt otherwise available
	at law where a person refuses to comply with the court's order.
	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.
	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.
	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 restitution payment before the 121st day after the date
	the payment is due, an additional penalty equal to five percent of
	the value of the payment due shall be imposed.
	Sec. 77.308.  WAIVER OR ABATEMENT OF PENALTY. The
	comptroller may waive any penalty or interest imposed under this
	chapter.
	SECTION 5.  The following laws are repealed:
	(1)  Article 56.54(c), Code of Criminal Procedure; and
	(2)  Section 76.013(d), Government Code.
	SECTION 6.  As soon as is practicable after the effective
	date of this Act, but not later than January 1, 2018, the office of
	the attorney general and the comptroller of public accounts shall
	establish a plan for the identification and transfer of records,
	property, and unspent appropriations of the attorney general that
	are used for the purpose of managing the compensation to victims of
	crime auxiliary fund.
	SECTION 7.  As soon as is practicable after the effective
	date of this Act, but not later than March 1, 2018, a department
	that prior to the effective date of this Act had previously
	transferred payments to the comptroller under Section 76.013 or
	508.322, Government Code, shall provide to the comptroller the
	information required under Section 77.051(b), Property Code, as
	added by this Act, for each victim for whom the department
	previously transferred a payment to the comptroller.
	SECTION 8.  This Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1866 was passed by the House on May 6,
	2017, by the following vote:  Yeas 137, Nays 1, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1866 was passed by the Senate on May
	23, 2017, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor