H.B. No. 1514
 
 
 
 
AN ACT
  relating to the administration of unclaimed property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 551.005(b), Estates Code, is amended to
  read as follows:
         (b)  The clerk of a court that orders an executor or
  administrator to pay funds to the comptroller under Section 551.001
  shall provide to [serve on] the comptroller, by certified mail or
  e-mail [personal service of citation], a certified copy of the
  court order not later than the fifth day after the date the order is
  issued.
         SECTION 2.  Section 1109.013(c), Insurance Code, is amended
  to read as follows:
         (c)  An insurer shall report and deliver unclaimed proceeds
  to the comptroller as required by Chapter 74, Property Code
  [Section 1109.051].
         SECTION 3.  Section 72.001, Property Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Tangible or intangible personal property is not
  subject to this chapter if it is a worthless or non-freely
  transferable security.
         SECTION 4.  Section 74.001(a), Property Code, is amended to
  read as follows:
         (a)  Except as provided by this section [Subsection (b)],
  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.
         SECTION 5.  Section 74.101(a), Property Code, is amended to
  read as follows:
         (a)  Each holder who on March 1 holds property to which this
  chapter applies [that is presumed abandoned under Chapter 72, 73,
  or 75 of this code or under Chapter 154, Finance Code,] shall file a
  report of that property on or before the following July 1. The
  comptroller may require the report to be in a particular format,
  including a format that can be read by a computer.
         SECTION 6.  Sections 74.1011(a), (b), and (b-1), Property
  Code, are amended to read as follows:
         (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 [that is presumed abandoned under Chapter 72, 73,
  or 75 of this code or Chapter 154, Finance Code,] shall, not later
  than the 60th day before the date the property is delivered to the
  comptroller, provide to the owner by [on or before the following May
  1,] mail to the last known address of the [known] 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 [an]
  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 [mailing the] notice to the owner.
         SECTION 7.  Section 74.301(a), Property Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (c), each holder who on
  March 1 holds property to which this chapter applies [that is
  presumed abandoned under Chapter 72, 73, or 75] shall deliver the
  property to the comptroller on or before the following July 1
  accompanied by the report required to be filed under Section
  74.101.
         SECTION 8.  Section 74.401(d), Property Code, is amended to
  read as follows:
         (d)  If after investigation the comptroller determines that
  property delivered under this chapter is not marketable or [from a
  safe deposit box or other repository] has insubstantial commercial
  value, the comptroller may destroy or otherwise dispose of the
  property at any time.
         SECTION 9.  Subchapter E, Chapter 74, Property Code, is
  amended by adding Section 74.405 to read as follows:
         Sec. 74.405.  DISPOSITION OF SECURITIES. (a) The
  comptroller may sell or otherwise liquidate a security delivered to
  the comptroller under this chapter.
         (b)  The comptroller may not sell a security listed on an
  established stock exchange for less than the price prevailing on
  the exchange at the time of sale. The comptroller may sell a
  security not listed on an established exchange by any commercially
  reasonable method.
         SECTION 10.  Sections 74.501(c), (d), and (f), Property
  Code, are amended to read as follows:
         (c)  All claims to which this subchapter [section] applies
  must:
               (1)  identify the specific property in the possession
  of the comptroller that is being claimed;
               (2)  include all necessary documentation the
  comptroller may require; and
               (3)  except as provided by Section 74.503, be filed in
  accordance with procedures, contain the information, and be on
  forms prescribed by the comptroller.
         (d)  On receipt of a claim form and all necessary
  documentation the comptroller may require, or [and] as may be
  appropriate under the circumstances, the comptroller may approve
  the claim of:
               (1)  the reported owner of the property;
               (2)  if the reported owner died testate:
                     (A)  the appropriate legal beneficiaries of the
  owner as provided by the last will and testament of the owner that
  has been accepted into probate or filed as a muniment of title; [or]
                     (B)  the executor of the owner's last will and
  testament who holds current letters testamentary; or
                     (C)  the appropriate legal beneficiaries of the
  owner as provided by a valid last will and testament of the owner
  that has not been accepted into probate or filed as a muniment of
  title, if:
                           (i)  the amount of the property being
  claimed is less than $10,000; and
                           (ii)  the beneficiaries named in the will
  are the same persons who would inherit the property if the owner had
  died intestate; 
               (3)  if the reported owner died intestate:
                     (A)  the legal heirs of the owner as provided by
  Sections 201.001,[and] 201.002, and 201.003, Estates Code; [or]
                     (B)  the court-appointed independent
  administrator of the owner's estate, if the administrator was
  appointed before the fourth anniversary of the date of the death of
  the owner; or
                     (C)  the court-appointed dependent administrator
  of the owner's estate;
               (4)  the legal heirs of the reported owner as
  established by a determination [an affidavit] of heirship order
  signed by a judge of the county probate court or by a county judge;
               (5)  if the reported owner 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 reported owner is a corporation:
                     (A)  the president or chair of the board of
  directors of the corporation, on behalf of the corporation; or
                     (B)  any person who has legal authority to act on
  behalf of the corporation;
               (7)  if the reported owner is a corporation that has
  been dissolved or liquidated:
                     (A)  the sole surviving shareholder of the
  corporation, if there is only one surviving shareholder;
                     (B)  the surviving shareholders of the
  corporation in proportion to their ownership of the corporation, if
  there is more than one surviving shareholder;
                     (C)  the corporation's bankruptcy trustee,
  bankruptcy estate representative, or other person authorized
  pursuant to Title 11, United States Code, or an order of a
  bankruptcy court to act on behalf of or for the benefit of the
  corporation's bankruptcy estate, or any assignee of any such
  person; or
                     (D)  the court-ordered receiver for the
  corporation; or
               (8)  any other person that is entitled to receive the
  unclaimed property under other law or comptroller policy.
         (f)  Notwithstanding Subsection (e), the [The] comptroller
  may approve the [a] claim of [for]:
               (1)  the attorney general or other Title IV-D agency,
  as defined by Section 101.033, Family Code, for child support
  arrearages owed by the reported owner of the property that are [and]
  reflected in a child support lien notice that complies with Section
  157.313, Family Code; or
               (2)  a person holding a durable power of attorney of a
  person who is medically incapacitated. [A claim under this
  subsection may be submitted by the lienholder or the attorney
  general on behalf of the lienholder.]
         SECTION 11.  Section 74.501(e), Property Code, as amended by
  Chapters 267 (S.B. 1420) and 897 (H.B. 3598), Acts of the 86th
  Legislature, Regular Session, 2019, is reenacted and amended to
  read as follows:
         (e)  Except as provided by Subsection (d)(7) or (f) or
  Section 551.051, Estates Code, the comptroller may not pay to the
  following persons a claim to which this section applies:
               (1)  a creditor, a judgment creditor, a lienholder, or
  an assignee of the reported owner or of the owner's heirs;
               (2)  a person holding a power of attorney from the
  reported owner or the owner's heirs; or
               (3)  a person attempting to make a claim on behalf of a
  corporation that was previously forfeited, dissolved, or
  terminated, if the comptroller finds that:
                     (A)  the corporation was revived for the purpose
  of making a claim under this section; and
                     (B)  the person submitting the claim was not an
  authorized representative of the corporation at the time of the
  corporation's forfeiture, dissolution, or termination.
         SECTION 12.  Subchapter F, Chapter 74, Property Code, is
  amended by adding Section 74.503 to read as follows:
         Sec. 74.503.  WAIVER OF CLAIM REQUIREMENT. The comptroller
  may waive the requirement of filing a claim and pay or deliver
  property directly to a person who does not file a claim if:
               (1)  the person receiving the property is the reported
  owner of the property; 
               (2)  the comptroller reasonably believes the person is
  entitled to receive the property or payment; and
               (3)  the property has a value of less than $5,000.
         SECTION 13.  Sections 74.506(a) and (b), Property Code, are
  amended to read as follows:
         (a)  A person who has filed a claim that complies with
  Section 74.501(c) may appeal [aggrieved by] the decision of the
  comptroller on the [a] claim [filed under this subchapter may
  appeal the decision] before the 61st day after the day on which it
  was rendered.
         (b)  If a claim that complies with Section 74.501(c) has not
  been decided before the 91st day after the day on which it was
  filed, the claimant may file an appeal if, after the claimant
  provides notice by certified mail to the comptroller of the intent
  to file an appeal, the comptroller does not reach a decision on the
  claim on or before the 60th day after the date the notice is
  delivered to the comptroller. An appeal under this section must be
  made within one year of the date the claim was filed [the 60-day
  period beginning on the 91st day after the day of filing].
         SECTION 14.  The heading to Section 74.507, Property Code,
  is amended to read as follows:
         Sec. 74.507.  ASSISTANCE OF CLAIMANT; FEE FOR RECOVERY.
         SECTION 15.  Section 74.507, Property Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  A person who informs a potential claimant that the
  claimant may be entitled to claim property that is reportable to the
  comptroller under this chapter, that has been reported to the
  comptroller, or that is in the possession of the comptroller may not
  contract for or receive from the claimant for services an amount
  that exceeds 10 percent of the value of the property recovered, plus
  reasonable attorney's fees necessary to pursue the claim. If the
  property involved is mineral proceeds, the amount for services may
  not include a portion of the underlying minerals or any production
  payment, overriding royalty, or similar payment.
         (c)  An agreement to assist a claimant in the recovery of
  property that is reportable to the comptroller, that has been
  reported to the comptroller, or that is in the possession of the
  comptroller under this chapter is enforceable only if the
  agreement:
               (1)  clearly states the nature of the property and the
  services to be provided;
               (2)  is signed by or on behalf of the claimant; and
               (3)  states the amount or value of the property
  reasonably expected to be recovered, computed before and after a
  fee or other compensation has been deducted. 
         SECTION 16.  Section 74.601(e), Property Code, is amended to
  read as follows:
         (e)  The comptroller may [on receipt or from time to time may
  sell securities, including stocks, bonds, and mutual funds,
  received under this chapter or any other statute requiring the
  delivery of unclaimed property to the comptroller and] use the
  proceeds from the sale of securities delivered under this chapter
  to buy, exchange, invest, or reinvest in marketable securities.
  When making or selling the investments, the comptroller shall
  exercise the judgment and care of a prudent person.
         SECTION 17.  Section 74.707(a), Property Code, is amended to
  read as follows:
         (a)  The comptroller may waive penalty or interest, in whole
  or in part, imposed on delinquent property if the comptroller
  determines that the holder has made a good faith effort to comply
  with Chapters 72-75, or for other good cause.
         SECTION 18.  The following provisions of the Insurance Code
  are repealed:
               (1)  Section 1109.013(d);
               (2)  Section 1109.101; and
               (3)  Subchapters B and D, Chapter 1109.
         SECTION 19.  Section 1109.013(c), Insurance Code, as amended
  by this Act, applies only to a report that is due under Chapter 74,
  Property Code, on or after September 1, 2021.
         SECTION 20.  To the extent of any conflict, this Act prevails
  over another Act of the 87th Legislature, Regular Session, 2021,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 21.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1514 was passed by the House on April
  8, 2021, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1514 on May 3, 2021, by the following vote:  Yeas 145, Nays 0, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1514 was passed by the Senate, with
  amendments, on April 29, 2021, by the following vote:  Yeas 31,
  Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor