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CHAPTER 72. ABANDONMENT OF PERSONAL PROPERTY

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PROPERTY CODETITLE 6. UNCLAIMED PROPERTYCHAPTER 72. ABANDONMENT OF PERSONAL PROPERTYSUBCHAPTER A. GENERAL PROVISIONSSec. 72.001.APPLICATION OF CHAPTER.(a)Tangible orintangible personal property is subject to this chapter if it iscovered by Section 72.101 and:(1)the last known address of the apparent owner, as shown onthe records of the holder, is in this state;(2)the records of the holder do not disclose the identity ofthe person entitled to the property, and it is established thatthe last known address of the person entitled to the property isin this state;(3)the records of the holder do not disclose the last knownaddress of the apparent owner, and it is established that:(A)the last known address of the person entitled to theproperty is in this state; or(B)the holder is a domiciliary or a government or governmentalsubdivision or agency of this state and has not previously paidor delivered the property to the state of the last known addressof the apparent owner or other person entitled to the property;(4)the last known address of the apparent owner, as shown onthe records of the holder, is in a state that does not provide bylaw for the escheat or custodial taking of the property or is ina state in which the state's escheat or unclaimed property law isnot applicable to the property, and the holder is a domiciliaryor a government or governmental subdivision or agency of thisstate;(5)the last known address of the apparent owner, as shown onthe records of the holder, is in a foreign nation and the holderis a domiciliary or a government or governmental subdivision oragency of this state; or(6)the transaction out of which the property arose occurred inthis state and:(A)the last known address of the apparent owner or other personentitled to the property is:(i)unknown; or(ii)in a state that does not provide by law for the escheat orcustodial taking of the property or in a state in which thestate's escheat or unclaimed property law is not applicable tothe property; and(B)the holder is a domiciliary of a state that does not provideby law for the escheat or custodial taking of the property or astate in which the state's escheat or unclaimed property law isnot applicable to the property.(b)This chapter supplements other chapters in this title, andeach chapter shall be followed to the extent applicable.(c)This chapter applies to property held by life insurancecompanies with the exception of unclaimed proceeds to whichChapter 1109, Insurance Code, applies and that are held by thosecompanies that are subject to Chapter 1109, Insurance Code.(d)A holder of property presumed abandoned under this chapteris subject to the procedures of Chapter 74.(e)In this chapter, a holder is a person, wherever organized ordomiciled, who is:(1)in possession of property that belongs to another;(2)a trustee; or(3)indebted to another on an obligation.(f)In this chapter, a corporation shall be deemed to be adomiciliary of the state of its incorporation.Acts 1983, 68th Leg., p. 3592, ch. 576, Sec. 1, eff. Jan. 1,1984. Amended by Acts 1985, 69th Leg., ch. 230, Sec. 7, eff.Sept. 1, 1985; Acts 1987, 70th Leg., ch. 426, Sec. 2, eff. Sept.1, 1987; Acts 1991, 72nd Leg., ch. 153, Sec. 5, eff. Sept. 1,1991; Acts 2001, 77th Leg., ch. 1419, Sec. 30, eff. June 1, 2003.SUBCHAPTER B. PRESUMPTION OF ABANDONMENTSec. 72.101.PERSONAL PROPERTY PRESUMED ABANDONED.(a)Exceptas provided by this section and Sections 72.1015, 72.1016, and72.102, personal property is presumed abandoned if, for longerthan three years:(1)the existence and location of the owner of the property isunknown to the holder of the property;and(2)according to the knowledge and records of the holder of theproperty, a claim to the property has not been asserted or an actof ownership of the property has not been exercised.(b)(1) The three-year period leading to a presumption ofabandonment of stock or another intangible ownership interest ina business association, the existence of which is evidenced byrecords available to the association, commences on the first datethat either a sum payable as a result of the ownership interestis unclaimed by the owner or a communication to the owner isreturned undelivered by the United States Postal Service.(2)The running of the three-year period of abandonment ceasesimmediately on the exercise of an act of ownership interest orsum payable or a communication with the association as evidencedby a memorandum or other record on file with the association orits agents.(3)At the time an ownership is presumed abandoned under thissection, any sum then held for interest or owing to the owner asa result of the interest and not previously presumed abandoned ispresumed abandoned.(4)Any stock or other intangible ownership interest enrolled ina plan that provides for the automatic reinvestment of dividends,distributions, or other sums payable as a result of the ownershipinterest is subject to the presumption of abandonment as providedby this section.(c)Property distributable in the course of a demutualization orrelated reorganization of an insurance company is presumedabandoned on the first anniversary of the date the propertybecomes distributable if, at the time of the first distribution,the last known address of the owner according to the records ofthe holder of the property is known to be incorrect or thedistribution or statements related to the distribution arereturned by the post office as undeliverable and the owner hasnot:(1)communicated in writing with the holder of the property orthe holder's agent regarding the interest; or(2)otherwise communicated with the holder regarding theinterest as evidenced by a memorandum or other record on filewith the holder or its agents.(d)Property distributable in the course of a demutualization orrelated reorganization of an insurance company that is notsubject to Subsection (c) is presumed abandoned as otherwiseprovided by this section.(e)This section does not apply to money collected as childsupport that:(1)is being held for disbursement by the state disbursementunit under Chapter 234, Family Code, or a local registry, asdefined by Section 101.018, Family Code, pending identificationand location of the person to whom the money is owed; or(2)has been disbursed by the state disbursement unit underChapter 234, Family Code, by electronic funds transfer into achild support debit card account established for an individualunder Section 234.010, Family Code, but not activated by theindividual.Acts 1983, 68th Leg., p. 3593, ch. 576, Sec. 1, eff. Jan. 1,1984. Amended by Acts 1985, 69th Leg., ch. 230, Sec. 9, eff.Sept. 1, 1985; Acts 1987, 70th Leg., ch. 426, Sec. 3, eff. Sept.1, 1987; Acts 1991, 72nd Leg., ch. 153, Sec. 6, eff. Sept. 1,1991; Acts 1993, 73rd Leg., ch. 36, Sec. 3.01, eff. Sept. 1,1993; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 2.01, 3.01,eff. Jan. 11, 2004.Amended by:Acts 2005, 79th Leg., Ch.81, Sec. 2, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch.551, Sec. 2, eff. June 19, 2009.Acts 2009, 81st Leg., R.S., Ch.767, Sec. 34, eff. June 19, 2009.Sec. 72.1015.UNCLAIMED WAGES.(a)In this section, "wages"has the meaning assigned by Section 61.001, Labor Code.(b)An amount of unclaimed wages is presumed abandoned if, forlonger than one year:(1)the existence and location of the person to whom the wagesare owed is unknown to the holder of the wages; and(2)according to the knowledge and records of the holder of thewages, a claim to the wages has not been asserted or an act ofownership of the wages has not been exercised.Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 2.02, eff.Jan. 11, 2004.Sec. 72.1016.STORED VALUE CARD.(a)This section applies to astored value card, as defined by Section 604.001, Business &Commerce Code, other than a card:(1)to which Chapter 604, Business & Commerce Code, does notapply by operation of Sections 604.002(1)(A) and (C) and604.002(2)-(5) of that code; or(2)that is linked to and draws its value solely from a depositaccount subject to Chapter 73.(b)If the existence and location of the owner of a stored valuecard is unknown to the holder of the property, the stored valuecard is presumed abandoned to the extent of its unredeemed anduncharged value on the earlier of:(1)the card's expiration date;(2)the third anniversary of the date the card was issued, ifthe card is not used after it is issued, or the date the card waslast used or value was last added to the card; or(3)the first anniversary of the date the card was issued, ifthe card is not used after it is issued, or the date the card waslast used or value was last added to the card, if the card'svalue represents wages, as defined by Section 61.001, Labor Code.(c)If the person who sells or issues a stored value card inthis state does not obtain the name and address of the apparentowner of the card and maintain a record of the owner's name andaddress and the identification number of the card, the address ofthe apparent owner is considered to be the Austin, Texas, addressof the comptroller.(d)A person may charge a fee against a stored value card asprovided by Chapter 604, Business & Commerce Code.A fee maynot be charged against a stored value card after the card ispresumed abandoned under this section.(e)The comptroller shall transfer five percent of the moneycollected from cards presumed to be abandoned for use as grantsunder Subchapter M, Chapter 56, Education Code.(f)This section does not create a cause of action against aperson who issues or sells a stored value card.Added by Acts 2005, 79th Leg., Ch.81, Sec. 3, eff. September 1, 2005.Amended by:Acts 2007, 80th Leg., R.S., Ch.885, Sec. 2.33, eff. April 1, 2009.Sec. 72.102.TRAVELER'S CHECK AND MONEY ORDER.(a)Atraveler's check or money order is not presumed to be abandonedunder this chapter unless:(1)the records of the issuer of the check or money orderindicate that it was purchased in this state;(2)the issuer's principal place of business is in this stateand the issuer's records do not indicate the state in which thecheck or money order was purchased; or(3)the issuer's principal place of business is in this state,the issuer's records indicate that the check or money order waspurchased in another state, and the laws of that state do notprovide for the escheat or custodial taking of the check or moneyorder.(b)A traveler's check to which Subsection (a) applies ispresumed to be abandoned on the latest of:(1)the 15th anniversary of the date on which the check wasissued;(2)the 15th anniversary of the date on which the issuer of thecheck last received from the owner of the check communicationconcerning the check; or(3)the 15th anniversary of the date of the last writing, onfile with the issuer, that indicates the owner's interest in thecheck.(c)A money order to which Subsection (a) applies is presumed tobe abandoned on the latest of:(1)the seventh anniversary of the date on which the money orderwas issued;(2)the seventh anniversary of the date on which the issuer ofthe money order last received from the owner of the money ordercommunication concerning the money order; or(3)the seventh anniversary of the date of the last writing, onfile with the issuer, that indicates the owner's interest in themoney order.Acts 1983, 68th Leg., p. 3593, ch. 576, Sec. 1, eff. Jan. 1,1984. Amended by Acts 1985, 69th Leg., ch. 230, Sec. 10, eff.Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1037, Sec. 8, eff. Sept.1, 1997; Acts 2001, 77th Leg., ch. 179, Sec. 1, eff. June 1,2004.Sec. 72.103.PRESERVATION OF PROPERTY.Notwithstanding anyother provision of this title except a provision of this sectionor Section 72.1016 relating to a money order or a stored valuecard, a holder of abandoned property shall preserve the propertyand may not at any time, by any procedure, including a deductionfor service, maintenance, or other charge, transfer or convert tothe profits or assets of the holder or otherwise reduce the valueof the property.For purposes of this section, value isdetermined as of the date of the last transaction or contactconcerning the property, except that in the case of a moneyorder, value is determined as of the date the property ispresumed abandoned under Section 72.102(c).If a holder imposesservice, maintenance, or other charges on a money order prior tothe time of presumed abandonment, such charges may not exceed theamount of 50 cents per month for each month the money orderremains uncashed prior to the month in which the money order ispresumed abandoned.Acts 1983, 68th Leg., p. 3594, ch. 576, Sec. 1, eff. Jan. 1,1984. Amended by Acts 1985, 69th Leg., ch. 230, Sec. 11, eff.Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1037, Sec. 9, eff. Sept.1, 1997; Acts 2001, 77th Leg., ch. 179, Sec. 2, eff. June 1,2002.Amended by:Acts 2005, 79th Leg., Ch.81, Sec. 4, eff. September 1, 2005.
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  • PROPERTY CODE

    TITLE 6. UNCLAIMED PROPERTY

    CHAPTER 72. ABANDONMENT OF PERSONAL PROPERTY

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 72.001. APPLICATION OF CHAPTER. (a) Tangible or

    intangible personal property is subject to this chapter if it is

    covered by Section 72.101 and:

    (1) the last known address of the apparent owner, as shown on

    the records of the holder, is in this state;

    (2) the records of the holder do not disclose the identity of

    the person entitled to the property, and it is established that

    the last known address of the person entitled to the property is

    in this state;

    (3) the records of the holder do not disclose the last known

    address of the apparent owner, and it is established that:

    (A) the last known address of the person entitled to the

    property is in this state; or

    (B) the holder is a domiciliary or a government or governmental

    subdivision or agency of this state and has not previously paid

    or delivered the property to the state of the last known address

    of the apparent owner or other person entitled to the property;

    (4) the last known address of the apparent owner, as shown on

    the records of the holder, is in a state that does not provide by

    law for the escheat or custodial taking of the property or is in

    a state in which the state's escheat or unclaimed property law is

    not applicable to the property, and the holder is a domiciliary

    or a government or governmental subdivision or agency of this

    state;

    (5) the last known address of the apparent owner, as shown on

    the records of the holder, is in a foreign nation and the holder

    is a domiciliary or a government or governmental subdivision or

    agency of this state; or

    (6) the transaction out of which the property arose occurred in

    this state and:

    (A) the last known address of the apparent owner or other person

    entitled to the property is:

    (i) unknown; or

    (ii) in a state that does not provide by law for the escheat or

    custodial taking of the property or in a state in which the

    state's escheat or unclaimed property law is not applicable to

    the property; and

    (B) the holder is a domiciliary of a state that does not provide

    by law for the escheat or custodial taking of the property or a

    state in which the state's escheat or unclaimed property law is

    not applicable to the property.

    (b) This chapter supplements other chapters in this title, and

    each chapter shall be followed to the extent applicable.

    (c) This chapter applies to property held by life insurance

    companies with the exception of unclaimed proceeds to which

    Chapter 1109, Insurance Code, applies and that are held by those

    companies that are subject to Chapter 1109, Insurance Code.

    (d) A holder of property presumed abandoned under this chapter

    is subject to the procedures of Chapter 74.

    (e) In this chapter, a holder is a person, wherever organized or

    domiciled, who is:

    (1) in possession of property that belongs to another;

    (2) a trustee; or

    (3) indebted to another on an obligation.

    (f) In this chapter, a corporation shall be deemed to be a

    domiciliary of the state of its incorporation.

    Acts 1983, 68th Leg., p. 3592, ch. 576, Sec. 1, eff. Jan. 1,

    1984. Amended by Acts 1985, 69th Leg., ch. 230, Sec. 7, eff.

    Sept. 1, 1985; Acts 1987, 70th Leg., ch. 426, Sec. 2, eff. Sept.

    1, 1987; Acts 1991, 72nd Leg., ch. 153, Sec. 5, eff. Sept. 1,

    1991; Acts 2001, 77th Leg., ch. 1419, Sec. 30, eff. June 1, 2003.

    SUBCHAPTER B. PRESUMPTION OF ABANDONMENT

    Sec. 72.101. PERSONAL PROPERTY PRESUMED ABANDONED. (a) Except

    as provided by this section and Sections 72.1015, 72.1016, and

    72.102, personal property is presumed abandoned if, for longer

    than three years:

    (1) the existence and location of the owner of the property is

    unknown to the holder of the property; and

    (2) according to the knowledge and records of the holder of the

    property, a claim to the property has not been asserted or an act

    of ownership of the property has not been exercised.

    (b)(1) The three-year period leading to a presumption of

    abandonment of stock or another intangible ownership interest in

    a business association, the existence of which is evidenced by

    records available to the association, commences on the first date

    that either a sum payable as a result of the ownership interest

    is unclaimed by the owner or a communication to the owner is

    returned undelivered by the United States Postal Service.

    (2) The running of the three-year period of abandonment ceases

    immediately on the exercise of an act of ownership interest or

    sum payable or a communication with the association as evidenced

    by a memorandum or other record on file with the association or

    its agents.

    (3) At the time an ownership is presumed abandoned under this

    section, any sum then held for interest or owing to the owner as

    a result of the interest and not previously presumed abandoned is

    presumed abandoned.

    (4) Any stock or other intangible ownership interest enrolled in

    a plan that provides for the automatic reinvestment of dividends,

    distributions, or other sums payable as a result of the ownership

    interest is subject to the presumption of abandonment as provided

    by this section.

    (c) Property distributable in the course of a demutualization or

    related reorganization of an insurance company is presumed

    abandoned on the first anniversary of the date the property

    becomes distributable if, at the time of the first distribution,

    the last known address of the owner according to the records of

    the holder of the property is known to be incorrect or the

    distribution or statements related to the distribution are

    returned by the post office as undeliverable and the owner has

    not:

    (1) communicated in writing with the holder of the property or

    the holder's agent regarding the interest; or

    (2) otherwise communicated with the holder regarding the

    interest as evidenced by a memorandum or other record on file

    with the holder or its agents.

    (d) Property distributable in the course of a demutualization or

    related reorganization of an insurance company that is not

    subject to Subsection (c) is presumed abandoned as otherwise

    provided by this section.

    (e) This section does not apply to money collected as child

    support that:

    (1) is being held for disbursement by the state disbursement

    unit under Chapter 234, Family Code, or a local registry, as

    defined by Section 101.018, Family Code, pending identification

    and location of the person to whom the money is owed; or

    (2) has been disbursed by the state disbursement unit under

    Chapter 234, Family Code, by electronic funds transfer into a

    child support debit card account established for an individual

    under Section 234.010, Family Code, but not activated by the

    individual.

    Acts 1983, 68th Leg., p. 3593, ch. 576, Sec. 1, eff. Jan. 1,

    1984. Amended by Acts 1985, 69th Leg., ch. 230, Sec. 9, eff.

    Sept. 1, 1985; Acts 1987, 70th Leg., ch. 426, Sec. 3, eff. Sept.

    1, 1987; Acts 1991, 72nd Leg., ch. 153, Sec. 6, eff. Sept. 1,

    1991; Acts 1993, 73rd Leg., ch. 36, Sec. 3.01, eff. Sept. 1,

    1993; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 2.01, 3.01,

    eff. Jan. 11, 2004.

    Amended by:

    Acts 2005, 79th Leg., Ch.

    81, Sec. 2, eff. September 1, 2005.

    Acts 2009, 81st Leg., R.S., Ch.

    551, Sec. 2, eff. June 19, 2009.

    Acts 2009, 81st Leg., R.S., Ch.

    767, Sec. 34, eff. June 19, 2009.

    Sec. 72.1015. UNCLAIMED WAGES. (a) In this section, "wages"

    has the meaning assigned by Section 61.001, Labor Code.

    (b) An amount of unclaimed wages is presumed abandoned if, for

    longer than one year:

    (1) the existence and location of the person to whom the wages

    are owed is unknown to the holder of the wages; and

    (2) according to the knowledge and records of the holder of the

    wages, a claim to the wages has not been asserted or an act of

    ownership of the wages has not been exercised.

    Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 2.02, eff.

    Jan. 11, 2004.

    Sec. 72.1016. STORED VALUE CARD. (a) This section applies to a

    stored value card, as defined by Section 604.001, Business &

    Commerce Code, other than a card:

    (1) to which Chapter 604, Business & Commerce Code, does not

    apply by operation of Sections 604.002(1)(A) and (C) and

    604.002(2)-(5) of that code; or

    (2) that is linked to and draws its value solely from a deposit

    account subject to Chapter 73.

    (b) If the existence and location of the owner of a stored value

    card is unknown to the holder of the property, the stored value

    card is presumed abandoned to the extent of its unredeemed and

    uncharged value on the earlier of:

    (1) the card's expiration date;

    (2) the third anniversary of the date the card was issued, if

    the card is not used after it is issued, or the date the card was

    last used or value was last added to the card; or

    (3) the first anniversary of the date the card was issued, if

    the card is not used after it is issued, or the date the card was

    last used or value was last added to the card, if the card's

    value represents wages, as defined by Section 61.001, Labor Code.

    (c) If the person who sells or issues a stored value card in

    this state does not obtain the name and address of the apparent

    owner of the card and maintain a record of the owner's name and

    address and the identification number of the card, the address of

    the apparent owner is considered to be the Austin, Texas, address

    of the comptroller.

    (d) A person may charge a fee against a stored value card as

    provided by Chapter 604, Business & Commerce Code. A fee may

    not be charged against a stored value card after the card is

    presumed abandoned under this section.

    (e) The comptroller shall transfer five percent of the money

    collected from cards presumed to be abandoned for use as grants

    under Subchapter M, Chapter 56, Education Code.

    (f) This section does not create a cause of action against a

    person who issues or sells a stored value card.

    Added by Acts 2005, 79th Leg., Ch.

    81, Sec. 3, eff. September 1, 2005.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    885, Sec. 2.33, eff. April 1, 2009.

    Sec. 72.102. TRAVELER'S CHECK AND MONEY ORDER. (a) A

    traveler's check or money order is not presumed to be abandoned

    under this chapter unless:

    (1) the records of the issuer of the check or money order

    indicate that it was purchased in this state;

    (2) the issuer's principal place of business is in this state

    and the issuer's records do not indicate the state in which the

    check or money order was purchased; or

    (3) the issuer's principal place of business is in this state,

    the issuer's records indicate that the check or money order was

    purchased in another state, and the laws of that state do not

    provide for the escheat or custodial taking of the check or money

    order.

    (b) A traveler's check to which Subsection (a) applies is

    presumed to be abandoned on the latest of:

    (1) the 15th anniversary of the date on which the check was

    issued;

    (2) the 15th anniversary of the date on which the issuer of the

    check last received from the owner of the check communication

    concerning the check; or

    (3) the 15th anniversary of the date of the last writing, on

    file with the issuer, that indicates the owner's interest in the

    check.

    (c) A money order to which Subsection (a) applies is presumed to

    be abandoned on the latest of:

    (1) the seventh anniversary of the date on which the money order

    was issued;

    (2) the seventh anniversary of the date on which the issuer of

    the money order last received from the owner of the money order

    communication concerning the money order; or

    (3) the seventh anniversary of the date of the last writing, on

    file with the issuer, that indicates the owner's interest in the

    money order.

    Acts 1983, 68th Leg., p. 3593, ch. 576, Sec. 1, eff. Jan. 1,

    1984. Amended by Acts 1985, 69th Leg., ch. 230, Sec. 10, eff.

    Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1037, Sec. 8, eff. Sept.

    1, 1997; Acts 2001, 77th Leg., ch. 179, Sec. 1, eff. June 1,

    2004.

    Sec. 72.103. PRESERVATION OF PROPERTY. Notwithstanding any

    other provision of this title except a provision of this section

    or Section 72.1016 relating to a money order or a stored value

    card, a holder of abandoned property shall preserve the property

    and may not at any time, by any procedure, including a deduction

    for service, maintenance, or other charge, transfer or convert to

    the profits or assets of the holder or otherwise reduce the value

    of the property. For purposes of this section, value is

    determined as of the date of the last transaction or contact

    concerning the property, except that in the case of a money

    order, value is determined as of the date the property is

    presumed abandoned under Section 72.102(c). If a holder imposes

    service, maintenance, or other charges on a money order prior to

    the time of presumed abandonment, such charges may not exceed the

    amount of 50 cents per month for each month the money order

    remains uncashed prior to the month in which the money order is

    presumed abandoned.

    Acts 1983, 68th Leg., p. 3594, ch. 576, Sec. 1, eff. Jan. 1,

    1984. Amended by Acts 1985, 69th Leg., ch. 230, Sec. 11, eff.

    Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1037, Sec. 9, eff. Sept.

    1, 1997; Acts 2001, 77th Leg., ch. 179, Sec. 2, eff. June 1,

    2002.

    Amended by:

    Acts 2005, 79th Leg., Ch.

    81, Sec. 4, eff. September 1, 2005.

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