Tex. Prop. Code 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 person to:

(1)

permit examination of records in accordance with this chapter;

(2)

deliver property; or

(3)

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, Sec. 36, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 11, eff. June 10, 2019.

Source: Section 74.709 — Suit to Compel Delivery of Property and Civil Penalties, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­74.­htm#74.­709 (accessed Jun. 5, 2024).

74.001
Applicability 74.101
Property Report 74.102
Signed Statement 74.103
Retention of Records 74.104
Confidentiality of Property Report 74.105
Combined Reporting 74.106
Continuing Reporting Requirement 74.201
Required Notice 74.203
Authorized Notice 74.205
Charge for Notice 74.206
Advertising and Promotion 74.301
Delivery of Property to Comptroller 74.302
Statement of Delivered Property 74.304
Responsibility After Delivery 74.306
Unclaimed Property Held by Federal Government 74.307
List of Owners 74.308
Period of Limitation Not a Bar 74.309
Private Escheat Agreements Prohibited 74.401
Sale of Property 74.402
Notice of Sale 74.403
Purchaser’s Title 74.404
Sale of Military Awards and Decorations Prohibited 74.405
Disposition of Securities 74.501
Claim Filed with Comptroller 74.502
Claim Filed with Holder 74.503
Waiver of Claim Requirement 74.504
Hearing 74.506
Appeal 74.507
Assistance of Claimant 74.508
Claim of Another State to Recover Property 74.509
Handling Fee for Processing Unclaimed Property 74.601
Unclaimed Money 74.602
Use of Money 74.603
Audit 74.604
Disposition of Money Delivered to Comptroller from Certain Attorney Accounts 74.701
Rules 74.702
Examination of Records 74.703
Additional Personnel 74.704
Assistance in Enforcement 74.705
Interest 74.706
Penalty 74.707
Waiver or Abatement of Penalty or Interest 74.708
Property Held in Trust 74.709
Suit to Compel Delivery of Property and Civil Penalties 74.710
Criminal Offense 74.711
Authority to Take Testimony and Issue Administrative Subpoenas 74.712
Enforcement of Subpoenas 74.1011
Notice by Property Holder Required 74.3011
Delivery of Money to Rural Scholarship Fund 74.3012
Delivery of Money to Urban Scholarship Fund 74.3013
Delivery of Money for Rural Scholarship, Economic Development, and Energy Efficiency Assistance 74.3061
Escheat of Funds in the Possession of the United States 74.7021
Limitation Period for Examination
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 74.709’s source at texas​.gov