(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 deliver property within the time prescribed by this chapter. If a holder fails to pay or deliver property before the 31st day after the date the property is due, an additional penalty equal to five percent of the value of the property due shall be imposed.
(b) For purposes of Subsection (a), “holder” does not include a local governmental entity or an officer or employee of a local governmental entity who is performing the officer’s or employee’s official duties for the local governmental entity.