By: Metcalf (Senate Sponsor - Zaffirini) H.B. No. 1221          (In the Senate - Received from the House April 26, 2023;   April 26, 2023, read first time and referred to Committee on   Criminal Justice; May 11, 2023, reported favorably by the   following vote:  Yeas 6, Nays 0; May 11, 2023, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to authorizing the comptroller to release a reported   owner's unclaimed property to the owner's crime victim in certain   circumstances and payment by the Texas Department of Criminal   Justice of certain amounts owed by an inmate.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 493, Government Code, is amended by   adding Section 493.035 to read as follows:          Sec. 493.035.  UNCLAIMED PROPERTY CLAIMS FILED ON BEHALF OF   CRIME VICTIMS. (a) The department shall file a claim for unclaimed   property under Section 74.501, Property Code, on behalf of a victim   of a criminal offense if the reported owner of the unclaimed   property:                (1)  was finally convicted of the criminal offense in   this state; and                (2)  based on the final conviction:                      (A)  was ordered to pay criminal restitution to   the victim; and                      (B)  on the date the claim is submitted, is   confined in a facility operated by or under contract with the   department.          (b)  The department shall quarterly send to the comptroller a   data set regarding confined inmates to initiate the filing and   facilitate the approval of the claims submitted under Subsection   (a).          (c)  The department must file a claim under this section only   if the department has:                 (1)  received notification from a court under Section   501.014(e); and                 (2)  confirmed with the county the amount of   outstanding restitution owed before filing the claim if the   department finds the confirmation to be necessary.           (d)  The department may adopt rules necessary to administer   this section.          SECTION 2.  Section 501.014, Government Code, is amended by   amending Subsection (e) and adding Subsection (e-1) to read as   follows:          (e)  On notification by a court, the department shall   withdraw from an inmate's account any amount the inmate is ordered   to pay by order of the court under this subsection.  On receipt of a   valid court order requiring an inmate to pay child support, the   department shall withdraw the appropriate amount from the inmate's   account under this subsection, regardless of whether the court   order is provided by the court or another person.  The department   shall make a payment under this subsection [as ordered by the court]   to either the court or the party specified in the court order.  The   department is not liable for withdrawing or failing to withdraw   money or making payments or failing to make payments under this   subsection.  The department shall make withdrawals and payments   from an inmate's account under this subsection according to the   following schedule of priorities:                (1)  as payment in full for all orders for child   support;                (2)  as payment in full for all orders for restitution;                (3)  as payment in full for all orders for   reimbursement of the Health and Human Services Commission for   financial assistance provided for the child's health needs under   Chapter 31, Human Resources Code, to a child of the inmate;                (4)  as payment in full for all orders for court fees   and costs;                (5)  as payment in full for all orders for fines; and                (6)  as payment in full for any other court order,   judgment, or writ.          (e-1)  Notification from a court under Subsection (e) of an   order for restitution must specify the amount of restitution owed   on the date of notification.          SECTION 3.  Section 74.501, Property Code, is amended by   amending Subsection (e) and adding Subsection (g) to read as   follows:          (e)  Except as provided by Subsection (d)(7), [or] (f), or   (g) or Section 551.051, Estates Code, the comptroller may not pay to   the following persons a claim to which this section applies:                (1)  a creditor, a judgment creditor, a lienholder, or   an assignee of the reported owner or of the owner's heirs;                (2)  a person holding a power of attorney from the   reported owner or the owner's heirs; or                (3)  a person attempting to make a claim on behalf of a   corporation that was previously forfeited, dissolved, or   terminated, if the comptroller finds that:                      (A)  the corporation was revived for the purpose   of making a claim under this section; and                      (B)  the person submitting the claim was not an   authorized representative of the corporation at the time of the   corporation's forfeiture, dissolution, or termination.          (g)  The comptroller may approve a claim for unclaimed   property that complies with Section 493.035, Government Code.          SECTION 4.  Article 42.037, Code of Criminal Procedure, is   amended by adding Subsection (x) to read as follows:          (x)  A county shall accept a restitution payment received   from the Texas Department of Criminal Justice under Section   493.035, Government Code, and forward the payment to the victim or   other person eligible for restitution under this article, including   the compensation to victims of crime fund. The county shall return   to the department any amount in excess of the balance owed to the   victim.          SECTION 5.  The change in law made by this Act applies only   to a claim filed under Section 74.501, Property Code, on or after   the effective date of this Act. A claim filed under that section   before the effective date of this Act is governed by the law in   effect immediately before the effective date of this Act, and that   law is continued in effect for that purpose.          SECTION 6.  This Act takes effect September 1, 2023.     * * * * *