Bill Text: TX SB658 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the disposition of money from certain attorney accounts delivered to the comptroller as unclaimed property.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB658 Detail]
Download: Texas-2023-SB658-Enrolled.html
| S.B. No. 658 | ||
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| relating to the disposition of money from certain attorney accounts | ||
| delivered to the comptroller as unclaimed property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 74.602, Property Code, is amended to | ||
| read as follows: | ||
| Sec. 74.602. USE OF MONEY. Except as provided by Section | ||
| 381.004, Local Government Code, and Section 74.604 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. | ||
| SECTION 2. Subchapter G, Chapter 74, Property Code, is | ||
| amended by adding Section 74.604 to read as follows: | ||
| Sec. 74.604. DISPOSITION OF MONEY DELIVERED TO COMPTROLLER | ||
| FROM CERTAIN ATTORNEY ACCOUNTS. (a) In this section, "IOLTA | ||
| account" means an account established as required by the Interest | ||
| on Lawyers' Trust Accounts Program administered by the Texas Access | ||
| to Justice Foundation under supreme court rule. | ||
| (b) Except as provided by Subsection (c), this section | ||
| applies to money delivered to the comptroller under Section 74.301 | ||
| as: | ||
| (1) unclaimed or unidentified money in a client trust | ||
| account established by an attorney or law firm; or | ||
| (2) money in an abandoned IOLTA account. | ||
| (c) This section does not apply to money paid or delivered | ||
| to a reported owner by the comptroller under Section 74.503. | ||
| (d) Notwithstanding any other law, the comptroller shall | ||
| deposit money to which this section applies to the credit of the | ||
| basic civil legal services account of the judicial fund. Except as | ||
| provided by Subsection (e), money deposited to the credit of the | ||
| basic civil legal services account under this section may be | ||
| appropriated only to the supreme court for use in programs approved | ||
| by the supreme court that provide basic civil legal services to | ||
| indigent persons. | ||
| (e) If the comptroller pays a claim for money deposited to | ||
| the credit of the basic civil legal services account under | ||
| Subsection (d), the supreme court shall reimburse the comptroller | ||
| from the account for the amount of the claim. The supreme court may | ||
| use money deposited under Subsection (d) to reimburse the | ||
| comptroller. | ||
| (f) The comptroller and the supreme court may adopt rules | ||
| necessary to implement this section. | ||
| SECTION 3. (a) The changes in law made by this Act apply to | ||
| money described by Section 74.604(b), Property Code, as added by | ||
| this Act, that was delivered to the comptroller of public accounts | ||
| under Section 74.301, Property Code, on, before, or after the | ||
| effective date of this Act. | ||
| (b) As soon as practicable after the effective date of this | ||
| Act, the comptroller of public accounts shall identify money | ||
| described by Subsection (a) of this section that was delivered to | ||
| the comptroller of public accounts before the effective date of | ||
| this Act and for which a claim has not been paid by the comptroller | ||
| and that has not otherwise been paid or delivered to a reported | ||
| owner by the comptroller under Subchapter F, Chapter 74, Property | ||
| Code, and deposit the money to the credit of the basic civil legal | ||
| services account in the judicial fund in accordance with Section | ||
| 74.604(d), Property Code, as added by this Act. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 658 passed the Senate on | ||
| April 3, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 658 passed the House on | ||
| May 19, 2023, by the following vote: Yeas 141, Nays 2, | ||
| two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
