Texas Property Code Title 6, Chapter 74 - Report, Delivery, And Claims Process
SUBCHAPTER A APPLICABILITY
SUBCHAPTER B PROPERTY REPORT
- Texas Section 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...
- Texas Section 74.101 - Property Report
(a) Each holder who on March 1 holds property that is presumed abandoned under Chapter 72, 73, or 75 of this code or under Chapter...
- Texas Section 74.1011 - Notice By Property Holder Required
(a) Except as provided by Subsection (b), a holder who on March 1 holds property valued at more than $250 that is presumed abandoned under...
- Texas Section 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...
- Texas Section 74.103 - Retention Of Records
Sec. 74.103. RETENTION OF RECORDS. Text of subsection effective until September 01, 2017 (a) A holder required to file a property report under Section 74.101...
SUBCHAPTER C NOTICE BY COMPTROLLER
- Texas Section 74.104 - Confidentiality Of Property Report; Exceptions
(a) Except as provided by Subsection (c) and Section 74.201, 74.203, or 74.307, a property report filed with the comptroller under Section 74.101 is confidential...
- Texas Section 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...
- Texas Section 74.202 - Notice For Item With Value Of Less Than $100
Sec. 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...
- Texas Section 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...
SUBCHAPTER D DELIVERY
- Texas Section 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;...
- Texas Section 74.301 - Delivery Of Property To Comptroller
(a) Except as provided by Subsection (c), each holder who on March 1 holds property that is presumed abandoned under Chapter 72, 73, or 75...
- Texas Section 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...
- Texas Section 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...
- Texas Section 74.3013 - Delivery Of Money For Rural Scholarship, Economic Development, And Energy Efficiency Assistance
(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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 74.307 - List Of Owners; Other Public Information
(a) The comptroller shall compile and revise each year: (1) except as to amounts reported in the aggregate, an alphabetical list of the names and...
- Texas Section 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...
SUBCHAPTER E DISPOSITION OF DELIVERED PROPERTY
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F CLAIM FOR DELIVERED PROPERTY
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
SUBCHAPTER G UNCLAIMED MONEY
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER H ENFORCEMENT
- Texas Section 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...
- Texas Section 74.701 - Rules
The comptroller may adopt rules necessary to carry out this title. Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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 mortgage lending commissioner,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 74.708 - Property Held In Trust
A holder who on March 1 holds property presumed abandoned under Chapters 72-75 holds the property in trust for the benefit of the state on...
- Texas Section 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...
- Texas Section 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;...
Last modified: September 28, 2016