PROPERTY CODE
CHAPTER 74. REPORT, DELIVERY, AND CLAIMS PROCESS
SUBCHAPTER A. APPLICABILITY
§ 74.001. APPLICABILITY. (a) Except as provided by
Subsection (b), this chapter applies to a holder of property that is
presumed abandoned under Chapter 72, Chapter 73, or Chapter 75.
(b) This chapter does not apply to a holder of property
subject to Chapter 76.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 153, § 13, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1037, § 16, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 465, § 2, eff. Sept. 1, 2003; Acts
2003, 78th Leg., 3rd C.S., ch. 3, § 2.03, eff. Jan. 11, 2004.
SUBCHAPTER B. PROPERTY REPORT
§ 74.101. PROPERTY REPORT. (a) Each holder who on June
30 holds property 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 November 1. The
comptroller may require the report to be in a particular format,
including a format that can be read by a computer.
(b) Repealed by Acts 1999, 76th Leg., ch. 1208, § 5, eff.
Sept. 1, 1999.
(c) The property report must include:
(1) the name and social security number, if known, and
the last known address, if any, of each person who, from the records
of the holder of the property, appears to be the owner of the
property, or 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.
(d) Amounts due that individually are less than $50 may be
reported in the aggregate without furnishing any of the information
required by Subsection (c).
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 426, § 4, eff. Sept. 1,
1987; Acts 1991, 72nd Leg., ch. 153, § 14, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., 1st C.S., ch. 1, § 2, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 1037, § 17, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1423, § 16.06, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 1208, § 5, eff. Sept. 1, 1999; Acts 1999,
76th Leg., ch. 62, § 7.86, eff. Sept. 1, 1999; Acts 2003, 78th
Leg., ch. 465, § 3, eff. Sept. 1, 2003; Acts 2003, 78th Leg., 3rd
C.S., ch. 3, § 2.04, eff. Jan. 11, 2004.
§ 74.102. SIGNED STATEMENT. (a) The person preparing
a property report shall provide with each copy of the report a
statement signed by:
(1) the individual holding the reported property;
(2) a partner, if the holder is a partnership;
(3) an officer, if the holder is an unincorporated
association or a private corporation; or
(4) the chief fiscal officer, if the holder is a public
corporation.
(b) The statement must include the following sentence:
"This report contains a full and complete list of all
property held by the undersigned that, from the knowledge and
records of the undersigned, is abandoned under the laws of the State
of Texas."
(c) The comptroller may adopt rules or policies relating to
the signature requirement, as the comptroller determines
appropriate, to maximize the use of future developments in
electronic filing technology.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1037, § 18, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1208, § 1, eff. Sept. 1, 1999.
§ 74.103. RETENTION OF RECORDS. (a) A holder required
to file a property report under Section 74.101 shall keep a record
of:
(1) the name, the social security number, if known,
and the last known address of each person who, from the records of
the holder of the property, appears to be the owner of the property;
(2) a brief description of the property, including the
identification number, if any; and
(3) the balance of each account, if appropriate.
(b) The record must be kept for 10 years from the date on
which the property is reportable, regardless of whether the
property is reported in the aggregate under Section 74.101.
(c) The comptroller may by rule provide for a shorter period
for keeping a record required by this section.
(d) The comptroller may determine the liability of a holder
required to file a property report under Section 74.101 using the
best information available to the comptroller if the records of the
holder are unavailable or incomplete for any portion of the
required retention period.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1037, § 19, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.07, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1310, § 84, eff. Sept. 1, 2003.
§ 74.104. CONFIDENTIALITY OF PROPERTY
REPORT. (a) Except as provided by Section 74.201, 74.203, or
74.307, a property report filed with the comptroller under Section
74.101 is confidential until the second anniversary of the date the
report is filed.
(b) The social security number of an owner that is provided
to the comptroller is confidential.
Added by Acts 1991, 72nd Leg., ch. 153, § 15, eff. Sept. 1, 1991.
Amended by Acts 1997, 75th Leg., ch. 1037, § 20, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.08, eff. Sept. 1,
1997.
SUBCHAPTER C. NOTICE
§ 74.201. REQUIRED NOTICE. (a) Except as provided by
Section 74.202, the comptroller may use one or more methods as
necessary to provide the most efficient and effective notice to
each reported owner in the calendar year immediately following the
year in which the report required by Section 74.101 is filed. The
notice must be provided:
(1) in the county of the property owner's last known
address; or
(2) in the county in which the holder has its principal
place of business or its registered office for service in this
state, if the property owner's last address is unknown.
(b) The notice must state that the reported property is
presumed abandoned and subject to this chapter and must contain:
(1) the name and city of last known address of the
reported owner;
(2) a statement that, by inquiry, any person
possessing a legal or beneficial interest in the reported property
may obtain information concerning the amount and description of the
property; and
(3) a statement that the person may present proof of
the claim and establish the person's right to receive the property.
(c) Deleted by Acts 1997, 75th Leg., ch. 1037, § 21, eff.
Sept. 1, 1997.
(d) The comptroller may offer for sale space for suitable
advertisements in a notice published under this section.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 426, § 5, eff. Sept. 1,
1987; Acts 1991, 72nd Leg., ch. 153, § 16, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 36, § 3.03, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 1037, § 21, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1423, § 16.09, eff. Sept. 1, 1997.
§ 74.202. NOTICE FOR ITEM WITH VALUE OF LESS THAN
$100. In the notice required by Section 74.201, the comptroller is
not required to publish information regarding an item having a
value that is less than $100 unless the comptroller determines that
publication of that information is in the public interest.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 571, § 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1037, § 21, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1423, § 16.10, eff. Sept. 1, 1997.
§ 74.203. AUTHORIZED NOTICE. (a) During the calendar
year immediately following the year in which the report required by
Section 74.101 is filed, notice may be mailed to each person who has
been reported with a Texas address and appears to be entitled to the
reported property.
(b) The notice under Subsection (a) must conform to the
requirements for notice under Section 74.201(b).
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 153, § 17, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 1037, § 21, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1423, § 16.11, eff. Sept. 1, 1997.
§ 74.205. CHARGE FOR NOTICE. The comptroller may charge
the following against the property delivered under this chapter:
(1) expenses incurred for the publication of notice
required by Section 74.201; and
(2) the amount paid in postage for the notice to the
owner required by Section 74.203.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1037, § 22, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.12, eff. Sept. 1,
1997.
SUBCHAPTER D. DELIVERY
§ 74.301. DELIVERY OF PROPERTY TO
COMPTROLLER. (a) Except as provided by Subsection (c), each
holder who on June 30 holds property that is presumed abandoned
under Chapter 72, 73, or 75 shall deliver the property to the
comptroller on or before the following November 1 accompanied by
the report required to be filed under Section 74.101.
(b) If the property subject to delivery under Subsection (a)
is stock or some other intangible ownership interest in a business
association for which there is no evidence of ownership, the holder
shall issue a duplicate certificate or other evidence of ownership
to the comptroller at the time delivery is required under this
section.
(c) If the property subject to delivery under Subsection (a)
is the contents of a safe deposit box, the comptroller may instruct
a holder to deliver the property on a specified date before November
1 of the following year.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 153, § 19, 30(2), eff. Sept.
1, 1991; Acts 1997, 75th Leg., ch. 1037, § 22, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.13, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1208, § 2, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 465, § 4, eff. Sept. 1, 2003; Acts
2003, 78th Leg., 3rd C.S., ch. 3, § 2.05, eff. Jan. 11, 2004.
§ 74.3011. DELIVERY OF MONEY TO RURAL SCHOLARSHIP
FUND. (a) Notwithstanding and in addition to any other provision
of this chapter or other law, a local telephone exchange company may
deliver reported money to a scholarship fund for rural students
instead of delivering the money to the comptroller as prescribed by
Section 74.301.
(b) A local telephone exchange company may deliver the money
under this section only to a scholarship fund established by one or
more local telephone exchange companies in this state to enable
needy students from rural areas to attend college, technical
school, or another postsecondary educational institution.
(c) A local telephone exchange company shall file with the
comptroller a verification of money delivered under this section
that complies with Section 74.302.
(d) A claim for money delivered to a scholarship fund under
this section must be filed with the local telephone exchange
company that delivered the money. The local telephone exchange
company shall forward the claim to the administrator of the
scholarship fund to which the money was delivered. The scholarship
fund shall pay the claim if the fund determines in good faith that
the claim is valid. A person aggrieved by a claim decision may file
a suit against the fund in a district court in the county in which
the administrator of the scholarship fund is located in accordance
with Section 74.506.
(e) The comptroller shall prescribe forms and procedures
governing this section, including forms and procedures relating to:
(1) notice of presumed abandoned property;
(2) delivery of reported money to a scholarship fund;
and
(3) filing of a claim.
(f) In this section, "local telephone exchange company"
means a telecommunications utility certificated to provide local
exchange service within the state and that is a telephone
cooperative or has fewer than 50,000 access lines in service in this
state.
(g) During a state fiscal year, the total amount of money
that may be transferred by all local telephone exchange companies
under this section may not exceed $400,000. The comptroller shall
keep a record of the total amount of money transferred annually.
When the total amount of money transferred during a state fiscal
year equals the amount allowed by this subsection, the comptroller
shall notify each local telephone exchange company that the company
may not transfer any additional money to the company's scholarship
fund during the remainder of that state fiscal year.
Added by Acts 1995, 74th Leg., ch. 231, § 50(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1037, § 23, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, § 16.14, eff.
Sept. 1, 1997.
§ 74.3012. DELIVERY OF MONEY TO URBAN SCHOLARSHIP
FUND. (a) Notwithstanding and in addition to any other provision
of this chapter or other law, a local exchange company may deliver
reported money to a scholarship fund for urban students instead of
delivering the money to the comptroller as prescribed by Section
74.301.
(b) A local exchange company may deliver the money under
this section only to a scholarship fund established by one or more
local exchange companies in this state to enable needy students
from urban areas to attend college, technical school, or another
postsecondary educational institution.
(c) A local exchange company shall file with the comptroller
a verification of money delivered under this section that complies
with Section 74.302.
(d) A claim for money delivered to a scholarship fund under
this section must be filed with the local exchange company that
delivered the money. The local exchange company shall forward the
claim to the administrator of the scholarship fund to which the
money was delivered. The scholarship fund shall pay the claim if
the fund determines in good faith that the claim is valid. A person
aggrieved by a claim decision may file a suit against the fund in a
district court in the county in which the administrator of the
scholarship fund is located in accordance with Section 74.506.
(e) The comptroller shall prescribe forms and procedures
governing this section, including forms and procedures relating to:
(1) notice of presumed abandoned property;
(2) delivery of reported money to a scholarship fund;
and
(3) filing of a claim.
(f) In this section, "local exchange company" means a
telecommunications utility certificated to provide local exchange
telephone service within the state and that has 50,000 or more
access lines in service in this state and is not a telephone
cooperative.
(g) During each state fiscal year, the total amount of money
that may be transferred by all local exchange companies under this
section may not exceed the total amount of money transferred to
rural scholarship funds under Section 74.3011 during the previous
state fiscal year. The comptroller shall keep a record of the total
amount of money transferred annually. If the total amount of money
transferred during a state fiscal year equals the amount allowed by
this subsection, the comptroller shall notify each local exchange
company that the company may not transfer any additional money to
the company's scholarship fund during the remainder of that state
fiscal year.
Added by Acts 1995, 74th Leg., ch. 231, § 51(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1037, § 24, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, § 16.15, eff.
Sept. 1, 1997.
§ 74.3013. DELIVERY OF MONEY FOR RURAL SCHOLARSHIP AND
ECONOMIC DEVELOPMENT. (a) Notwithstanding and in addition to any
other provision of this chapter or other law, a nonprofit
cooperative corporation may deliver reported money to a scholarship
fund for rural students or to stimulate rural economic development
instead of delivering the money to the comptroller as prescribed in
Section 74.301.
(b) A nonprofit cooperative corporation may deliver the
money under this section only:
(1) to a scholarship fund established by one or more
nonprofit cooperative corporations in this state to enable students
from rural areas to attend college, technical school, or other
postsecondary educational institution; and
(2) to an economic development fund for the
stimulation and improvement of business and commercial activity for
economic development in rural communities.
(c) A nonprofit cooperative corporation shall file with the
comptroller a verification of money delivered under this section
that complies with Section 74.302.
(d) A claim for money delivered under this section must be
filed with the nonprofit cooperative corporation that delivered the
money. A nonprofit cooperative corporation shall forward the claim
to the administrator of the fund to which the money was delivered.
The fund shall pay the claim if the fund determines in good faith
that the claim is valid. A person aggrieved by a claim decision may
file a suit against the fund in a district court in the county in
which the administrator of the fund is located in accordance with
Section 74.506.
(e) The comptroller shall prescribe forms and procedures
governing this section, including forms and procedures relating to:
(1) notice of presumed abandoned property;
(2) delivery of reported money to a scholarship or
economic development fund;
(3) filing of a claim; and
(4) procedures to allow equitable opportunity for
participation by each nonprofit cooperative corporation in the
state.
(f) During a state fiscal year the total amount of money
that may be transferred by all nonprofit cooperative corporations
under this section may not exceed $1 million. No more than 20
percent of each nonprofit cooperative's funds eligible for delivery
under this section shall be used for economic development. The
comptroller shall adopt procedures to record the total amount of
money transferred annually to allow equitable opportunity for
participation with preference given to corporations already
providing similar scholarship opportunities in other states.
(g) Nonprofit cooperative corporations may combine economic
development funds from other sources with any economic development
funds delivered under this section. In addition, such cooperatives
may engage in other business and commercial activities, in their
own behalf or through such subsidiaries and affiliates as deemed
necessary, in order to provide and promote educational
opportunities and to stimulate rural economic development.
(h) In this section, a nonprofit cooperative corporation
means a cooperative corporation organized under Chapters 51 and 52,
Agriculture Code, the Texas Non-Profit Corporation Act (Article
1396-1.01 et seq., Vernon's Texas Civil Statutes), the Cooperative
Association Act (Article 1396-50.01, Vernon's Texas Civil
Statutes), and Chapter 161, Utilities Code.
Added by Acts 1997, 75th Leg., ch. 904, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 18.45, eff. Sept. 1,
1999.
§ 74.302. STATEMENT OF DELIVERED
PROPERTY. (a) Property delivered under Section 74.301 must be
accompanied by a statement that:
(1) the property delivered is a complete and correct
remittance of all accounts subject to this chapter in the holder's
possession;
(2) the existence and location of the listed owners
are unknown to the holder; and
(3) the listed owners have not asserted a claim or
exercised an act of ownership with respect to the owner's reported
property.
(b) The statement required by Subsection (a) shall be signed
by:
(1) the individual holding the reported property;
(2) a partner, if the holder is a partnership;
(3) an officer, if the holder is an unincorporated
association or a private corporation; or
(4) the chief fiscal officer, if the holder is a public
corporation.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 153, § 20, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1208, § 3, eff. Sept. 1, 1999.
§ 74.304. RESPONSIBILITY AFTER DELIVERY. (a) If
reported property is delivered to the comptroller, the state shall
assume custody of the property and responsibility for its
safekeeping.
(b) A holder who delivers property to the comptroller in
good faith is relieved of all liability to the extent of the value
of the property delivered for any claim then existing, that may
arise after delivery to the comptroller, or that may be made with
respect to the property.
(c) If the holder delivers property to the comptroller in
good faith and, after delivery, a person claims the property from
the holder or another state claims the property under its laws
relating to escheat or unclaimed property, the attorney general
shall, on written notice of the claim, defend the holder against the
claim, and the holder shall be indemnified from the unclaimed money
received under this chapter or any other statute requiring delivery
of unclaimed property to the comptroller against any liability on
the claim.
(d) The comptroller is not, in the absence of negligence or
mishandling of the property, liable to the person who claims the
property for damages incurred while the property or the proceeds
from the sale of the property are in the comptroller's possession.
But in any event 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.
(e) For the purposes of this section, payment or delivery is
made in good faith if:
(1) payment or delivery was made in a reasonable
attempt to comply with this chapter;
(2) the holder delivering the property was not a
fiduciary then in breach of trust with respect to the property and
had a reasonable basis for believing based on the facts then known
to the holder that the property was abandoned or inactive for
purposes of this chapter; and
(3) there is no showing that the records under which
the delivery was made did not meet reasonable commercial standards
of practice in the industry.
(f) On delivery of a duplicate certificate or other evidence
of ownership to the comptroller under Subsection (b) of Section
74.301, the holder and any transfer agent, registrar, or other
person acting for or on behalf of a holder in executing or
delivering the duplicate certificate are relieved of all liability
of every kind in accordance with this section to any person,
including any person acquiring the original certificate or the
duplicate of the certificate issued to the comptroller, for any
losses or damages resulting to any person by the issuance and
delivery to the comptroller of the duplicate certificate.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1037, § 25, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.16, eff. Sept. 1,
1997.
§ 74.306. UNCLAIMED PROPERTY HELD BY FEDERAL
GOVERNMENT. (a) If the federal government enacts a law that
provides for the discovery of unclaimed property held by the
federal government and that provides or makes that information
available to the states, the comptroller may pay to the federal
government from the unclaimed money received under this chapter or
any other statute requiring the delivery of unclaimed property to
the comptroller the proportional share of the necessary cost of
examining records.
(b) If the federal government delivers unclaimed property
to the comptroller, this state shall hold the federal government
harmless from claims made by owners of the property after the
delivery.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1037, § 25, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.18, eff. Sept. 1,
1997.
§ 74.3061. ESCHEAT OF FUNDS IN THE POSSESSION OF THE
UNITED STATES. (a) In the event any money is due to a resident of
this state in the nature of a refund, rebate, or other overpayment
of taxes or fees to the United States with respect to which the
resident is likely to have his rights to secure such refund or
rebate barred by a statute of limitations, or if for any reason at
least three years has elapsed after the date on which the resident
could have filed a timely claim for said refund or rebate, the
comptroller is appointed agent of such resident to apply for said
refund or rebate and is authorized to do any act which a natural
person could do to recover said money. When the comptroller files
an application or initiates any other proceeding to secure said
refund or rebate, the comptroller is coupled with an interest in the
money sought and money recovered. All property within this
provision, including all principal and interest accruing thereon,
is declared to have escheated and to have become the property of the
state.
(b) The funds escheated by the state pursuant to this
provision shall be given notice as provided by Section 74.201.
Title to any such property shall be transferred by the state to any
persons who in accordance with Subchapter F can show that the
property belonged to them immediately prior to the escheat or that
they were heirs to those funds immediately prior to the escheat.
Added by Acts 1997, 75th Leg., ch. 1037, § 25, eff. Sept. 1,
1997.
§ 74.307. LIST OF OWNERS. (a) The comptroller shall
compile and revise each year, except as to amounts reported in the
aggregate, an alphabetical list of the names and last known
addresses of the owners listed in the reports and the amount
credited to each account.
(b) The comptroller shall make the list available for public
inspection during all reasonable business hours.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1037, § 25, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.19, eff. Sept. 1,
1997.
§ 74.308. PERIOD OF LIMITATION NOT A BAR. The
expiration, on or after September 1, 1987, of any period specified
by contract, statute, or court order, during which an action or
proceeding may be initiated or enforced to obtain payment of a claim
for money or recovery of property, does not prevent the money or
property from being presumed abandoned property and does not affect
any duty to file a report required by this chapter or to pay or
deliver abandoned property to the comptroller.
Added by Acts 1987, 70th Leg., ch. 426, § 5, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 1037, § 25, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.20, eff. Sept. 1,
1997.
§ 74.309. PRIVATE ESCHEAT AGREEMENTS PROHIBITED. An
individual, corporation, business association, or other
organization may not act through amendment of articles of
incorporation, amendment of bylaws, private agreement, or any other
means to take or divert funds or personal property into income,
divide funds or personal property among locatable patrons or
stockholders, or divert funds or personal property by any other
method for the purpose of circumventing the unclaimed property
process.
Added by Acts 1987, 70th Leg., ch. 426, § 5, eff. Sept. 1, 1987.
SUBCHAPTER E. DISPOSITION OF DELIVERED PROPERTY
§ 74.401. SALE OF PROPERTY. (a) Except as provided by
Subsection (c) or Section 74.404, the comptroller shall sell at
public sale all personal property, other than money and marketable
securities, delivered to the comptroller in accordance with Section
74.301. The comptroller shall conduct the sale in the city in this
state that the comptroller determines affords the most favorable
market for the particular property.
(b) The comptroller shall sell the property to the highest
bidder. If the comptroller determines that the highest bid is
insufficient, the comptroller may decline that bid and offer the
property for public or private sale.
(c) The comptroller is not required to offer property for
sale if the property belongs to a person with an address outside
this state or the comptroller determines that the probable cost of
the sale of the property exceeds its value.
(d) If after investigation the comptroller determines that
property delivered 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.
(e) A person may not maintain any action or proceeding
against the state, an officer of the state, or the holder of
property because of an action taken by the comptroller under this
section.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 36, § 3.04, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1037, § 26, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1423, § 16.21, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 800, § 1, eff. Sept. 1, 2001.
§ 74.402. NOTICE OF SALE. Before the 21st day preceding
the day on which a public sale is held under Section 74.401, the
comptroller shall publish notice of the sale in a newspaper of
general circulation in Travis County or in the county where the sale
is to be held. If the public sale is to be held on the Internet or by
an online auction, the comptroller may post the notice on the
comptroller's own website before the seventh day preceding the date
on which the sale or auction is held.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 36, § 3.05, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1037, § 26, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1423, § 16.22, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 1263, § 80, eff. Sept. 1, 2001.
§ 74.403. PURCHASER'S TITLE. (a) At a sale, public or
private, of property that is held under this subchapter, the
purchaser receives title to the purchased property free from all
claims of the prior owner and prior holder of the property and all
persons claiming through or under the owner or holder.
(b) The comptroller shall execute all documents necessary
to complete the transfer of title.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1037, § 27, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.23, eff. Sept. 1,
1997.
§ 74.404. SALE OF MILITARY AWARDS AND DECORATIONS
PROHIBITED. (a) In this section, "military award or decoration"
means a military decoration for an act of valor, heroism, or
exceptional service, a good conduct medal, a service medal, a
service ribbon, or a badge, tab, certificate, or letter awarded in
connection with military service.
(b) A military award or decoration delivered to the
comptroller under this chapter:
(1) may not be sold under Section 74.401 or destroyed;
and
(2) shall be delivered by the comptroller to the
adjutant general's department.
(c) The adjutant general's department shall conduct a
reasonable search of public records to locate the person to whom the
military award or decoration was awarded. If the department cannot
locate the person, the department shall attempt to locate the
person's next of kin. If the department locates the person or the
person's next of kin, the department shall deliver the award or
decoration to the person or the person's next of kin, as applicable.
(d) If the adjutant general's department cannot locate the
person to whom a military award or decoration was awarded or the
person's next of kin, the award or decoration shall be held in trust
for the comptroller at:
(1) a museum established by the department; or
(2) if no museum exists, any other public facility
designated by the department.
(e) Except as provided by this subsection, a military award
or decoration held in trust by a museum or facility designated under
Subsection (d) shall be used in a display or exhibit that honors
persons who have served the state or nation in military service. If
the museum or facility cannot practically incorporate the award or
decoration into an established display or exhibit of the museum or
facility, the award or decoration shall be kept in a secure storage
area or loaned to another museum for use in a display or exhibit
that honors persons who have served the state or nation in military
service.
(f) This section does not affect a person's right to claim a
military award or decoration under Subchapter F.
Added by Acts 2001, 77th Leg., ch. 800, § 2, eff. Sept. 1, 2001.
SUBCHAPTER F. CLAIM FOR DELIVERED PROPERTY
§ 74.501. CLAIM FILED WITH COMPTROLLER. (a) The
comptroller shall review the validity of each claim filed under
this section.
(b) If the comptroller determines that a claim is valid, the
comptroller or the comptroller's authorized agent shall approve the
claim. If the claim is for money and has been approved under this
section, the comptroller shall pay the claim. If a claim is for
personal property other than money and has been approved under this
section, the comptroller shall deliver the property to the claimant
unless the comptroller has sold the property. If the property has
been sold under Section 74.401, the comptroller shall pay to the
claimant the proceeds from the sale.
(c) All claims to which this section applies must 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 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;
(3) if the reported owner died intestate:
(A) the legal heirs of the owner as provided by
Section 38, Texas Probate Code; or
(B) the court-appointed administrator of the
owner's estate;
(4) the legal heirs of the reported owner 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 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; 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.
(e) 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; or
(2) a person holding a power of attorney from the
reported owner or the owner's heirs.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1037, § 28, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.24, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1310, § 85, eff. Sept. 1, 2003.
§ 74.502. CLAIM FILED WITH HOLDER. (a) If a claim 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 shall 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.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 851, § 1, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1037, § 28, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1423, § 16.25, eff. Sept. 1, 1997.
§ 74.504. HEARING. (a) The comptroller may hold a
hearing and receive evidence concerning a claim filed under this
subchapter.
(b) If the comptroller considers that a hearing is necessary
to determine the validity of a claim, the comptroller shall sign the
statement of the findings and the decision on the claim. The
statement shall report the substance of the evidence heard and the
reasons for the decision. The statement is a public record.
(c) If the comptroller determines that a claim is valid, the
comptroller shall approve and sign the claim.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 36, § 3.07, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 851, § 3, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 1037, § 29, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1423, § 16.27, eff. Sept. 1, 1997.
§ 74.506. APPEAL. (a) A person aggrieved by the
decision of 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 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, Texas. The
state's immunity from suit without consent is abolished with
respect to suits brought under this section.
(d) A court shall try an action filed under this section de
novo and shall apply the rules of practice of the court.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1037, § 30, eff. Sept. 1,
1997.
§ 74.507. FEE FOR RECOVERY. (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. 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.
(b) The person who informs a potential claimant and by
contract or other written agreement is to receive a percentage of
the value of the property may not file or receive a form to claim on
behalf of a claimant.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 426, § 5, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 36, § 3.09, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 1037, § 31, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1423, § 16.29, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 1208, § 4, eff. Sept. 1, 1999.
§ 74.508. CLAIM OF ANOTHER STATE TO RECOVER PROPERTY;
PROCEDURE. (a) At any time after property has been paid or
delivered to the comptroller under this chapter, another state may
recover the property if:
(1) the property was subjected to custody by this
state because the records of the holder did not reflect the last
known address of the apparent owner when the property was presumed
abandoned under this chapter, and the other state establishes that
the last known address of the apparent owner or other person
entitled to the property was in that state and under the laws of
that state the property escheated to or was subject to a claim of
abandonment by that state;
(2) the last known address of the apparent owner or
other person entitled to the property, as reflected by the records
of the holder are in the other state and under the laws of that state
the property has escheated to or become subject to a claim of
abandonment by that state;
(3) the records of the holder were erroneous in that
they did not accurately reflect the actual owner of the property and
the last known address of the actual owner is in the other state and
under the laws of that state the property escheated to or was
subject to a claim of abandonment by that state;
(4) the property was subjected to custody by this
state under Subdivision (6) of Subsection (a) of Section 72.001 and
under the laws of the state of domicile of the holder the property
has escheated to or become subject to a claim of abandonment by that
state; or
(5) the property is the sum payable on a traveler's
check, money order, or other similar instrument that was subjected
to custody by this state under Subdivision (4) and the instrument
was purchased in the other state and under the laws of that state
the property escheated to or became subject to a claim of
abandonment by that state.
(b) The claim of another state to recover escheated or
abandoned property must be presented in a form prescribed by the
comptroller, who shall decide the claim within 90 days after it is
presented. The comptroller shall allow the claim if he determines
that the other state is entitled to the abandoned property under
Subsection (a).
Added by Acts 1987, 70th Leg., ch. 426, § 5, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 1037, § 31, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.30, eff. Sept. 1,
1997.
§ 74.509. HANDLING FEE FOR PROCESSING UNCLAIMED
PROPERTY. A handling fee may be deducted from the amount of the
claim payment if the payment is at least $100.
Added by Acts 1993, 73rd Leg., ch. 36, § 3.10, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1037, § 31, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, § 16.31, eff.
Sept. 1, 1997.
SUBCHAPTER G. UNCLAIMED MONEY
§ 74.601. UNCLAIMED MONEY. (a) The comptroller shall
maintain a record that documents unclaimed money received under
this chapter or any other statute requiring the delivery of
unclaimed property to the comptroller.
(b) The comptroller shall deposit to the credit of the
general revenue fund:
(1) all funds, including marketable securities,
delivered to the comptroller under this chapter or any other
statute requiring the delivery of unclaimed property to the
comptroller;
(2) all proceeds from the sale of any property,
including marketable securities, under this chapter;
(3) all funds that have escheated to the state under
Chapter 71, except that funds relating to escheated real property
shall be deposited according to Section 71.202; and
(4) any income derived from investments of the
unclaimed money.
(c) The comptroller shall keep a separate record and
accounting for delivered unclaimed property, other than money,
before its sale.
(d) Except as provided by Subsection (e), the comptroller
shall from time to time invest the amount of unclaimed money in
investments approved by law for the investment of state funds.
(e) The comptroller may from time to time 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 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.
(f) The comptroller shall keep a separate record and
accounting for securities delivered, sold, purchased, or exchanged
and the proceeds and earnings from the securities.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 36, § 3.11, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1037, § 32, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1423, § 16.32, eff. Sept. 1, 1997.
§ 74.602. USE OF MONEY. Except as provided by Section
381.004, Local Government Code, the comptroller shall use the
unclaimed money received under this chapter or any other statute
requiring the delivery of unclaimed property to the comptroller to
pay the claims of persons or states establishing ownership of
property in the possession of the comptroller under this chapter or
under any other unclaimed property or escheat statute.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg. ch. 304, § 1.40, eff. Jan. 1,
1992; Acts 1993, 73rd Leg., ch. 27, § 3, eff. April 13, 1993;
Acts 1993, 73rd Leg., ch. 36, § 3.13, eff. Sept. 1, 1993; Acts
1993, 73rd Leg., ch. 506, § 1, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 1037, § 32, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1423, § 16.33, eff. Sept. 1, 1997.
§ 74.603. AUDIT; APPROPRIATION. The unclaimed money
received under this chapter or any other statute requiring the
delivery of unclaimed property to the comptroller is subject to
audit by the State Auditor and to appropriation by the legislature
for enforcing and administering this title.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1037, § 32, eff. Sept. 1,
1997.
SUBCHAPTER H. ENFORCEMENT
§ 74.701. RULES. The comptroller may adopt rules
necessary to carry out this title.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1037, § 33, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.34, eff. Sept. 1,
1997.
§ 74.702. 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, at any reasonable time, may 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
pursuant to an agreement with another state allowing joint audits
or the exchange of information obtained under this section.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 153, § 21, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 36, § 3.12, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 1037, § 33, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1423, § 16.35, eff. Sept. 1, 1997.
§ 74.703. ADDITIONAL PERSONNEL. (a) The comptroller
and the attorney general may employ, in the office of either
official, additional personnel necessary to enforce this title.
(b) The salary rate of additional personnel may not exceed
the rate paid to other state employees for similar services.
(c) The salaries of additional personnel shall be paid in
accordance with Section 74.602.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th leg., ch. 1037, § 34, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.36, eff. Sept. 1,
1997.
§ 74.704. ASSISTANCE IN ENFORCEMENT. If the
comptroller or the attorney general requests, the State Auditor,
Banking Commissioner of Texas, securities commissioner,
commissioner of insurance, savings and loan commissioner, Credit
Union Commission, Department of Public Safety of the State of
Texas, or any district or county attorney shall assist the
comptroller or attorney general in enforcing this title.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th leg., ch. 1037, § 35, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 16.37, eff. Sept. 1,
1997.
§ 74.705. INTEREST. A holder who fails to pay or
deliver property within the time prescribed by this chapter shall
pay to the comptroller interest, at an annual rate of 10 percent, on
the property from the date the property should have been paid or
delivered until the date the property is actually paid or
delivered.
(b) to (e) Deleted by Acts 1997, 75th Leg., ch. 1037, §
33, eff. Sept. 1, 1997.
(f) A person is exempt from payment of interest under
Subsection (a) if the person's action or omission is in connection
with the person's official duties as an officer or employee of a
political subdivision of this state.
(g) In this section, "person" does not include a local
governmental entity or an officer or employee of a local
governmental entity who is performing the officer's or employee's
official duties for the local governmental entity.
Added by Acts 1985, 69th Leg., ch. 230, § 17, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 426, § 5, eff. Sept. 1,
1987; Acts 1997, 75th Leg., ch. 483, § 1, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 888, § 1, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1037, § 35, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1423, § 16.38, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 62, § 19.01(90), eff. Sept. 1, 1999.
§ 74.706. PENALTY. (a) A penalty equal to five percent
of the value of the property due shall be imposed on a holder who
fails to pay or deliver property within the time prescribed by this
chapter. If a holder fails to pay or deliver property before the
31st day after the date the property is due, an additional penalty
equal to five percent of the value of the property due shall be
imposed.
(b) For purposes of Subsection (a), "holder" does not
include a local governmental entity or an officer or employee of a
local governmental entity who is performing the officer's or
employee's official duties for the local governmental entity.
Added by Acts 1997, 75th Leg., ch. 1037, § 36, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 748, § 1, eff. Sept.
1, 1999.
§ 74.707. WAIVER OR ABATEMENT OF PENALTY OR
INTEREST. (a) The comptroller may waive penalty or interest
imposed on delinquent property if the comptroller determines that
the holder has made a good faith effort to comply with Chapters
72-75.
(b) The comptroller may provide for periods during which a
holder of delinquent property may report and remit the unclaimed
property without paying a penalty or interest.
(c) The comptroller may waive penalty and interest imposed
on delinquent property if the holder delivering the property was
required to deliver the property on or before November 1, 1997.
Added by Acts 1997, 75th Leg., ch. 1037, § 36, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 137, § 1, eff. May 16,
2001.
§ 74.708. PROPERTY HELD IN TRUST. A holder who on June
30 holds property presumed abandoned under Chapters 72-75 holds the
property in trust for the benefit of the state on behalf of the
missing owner and is liable to the state for the full value of the
property, plus any accrued interest and penalty. A holder is not
required by this section to segregate or establish trust accounts
for the property provided the property is timely delivered to the
comptroller in accordance with Section 74.301.
Added by Acts 1997, 75th Leg., ch. 1037, § 36, eff. Sept. 1,
1997.
§ 74.709. SUIT TO COMPEL DELIVERY OF PROPERTY AND CIVIL
PENALTIES. (a) On request of the comptroller, the attorney
general shall bring an action in district court, in the name of the
state, to compel a holder to deliver property or to file a property
report.
(b) Venue for a suit brought under this section is in Travis
County.
(c) The fact that a suit seeks enforcement of this section
from more than one holder is not grounds for an objection concerning
misjoinder of parties or causes of action.
(d) When introduced into evidence, the verified property
report, unless rebutted, is sufficient evidence that the property
is abandoned and subject to delivery under this chapter and for
entry of a judgment transferring custody of the property to the
comptroller.
(e) The attorney general, on behalf of the comptroller, may
recover reasonable attorney's fees from the holder in addition to
recovery of any unclaimed property accrued or a penalty or interest
due.
(f) In addition to a penalty or interest assessed on
delinquent property, a holder who fails to pay or deliver property
or who fails to file a property report within the time prescribed by
this chapter is subject to a civil penalty not to exceed $100 for
each day of violation.
Added by Acts 1997, 75th Leg., ch. 1037, § 36, eff. Sept. 1,
1997.
§ 74.710. CRIMINAL OFFENSE. (a) A holder commits an
offense if the holder wilfully violates this chapter, including:
(1) failing to file a report in accordance with this
chapter;
(2) failing to pay or deliver property in accordance
with this chapter; or
(3) refusing to permit examination of records in
accordance with this chapter.
(b) An offense under this section is a Class B misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1037, § 36, eff. Sept. 1,
1997.
