Texas Property Code 74.709 – Suit to Compel Delivery of Property and Civil Penalties
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(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.
Terms Used In Texas Property Code 74.709
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Venue: The geographical location in which a case is tried.
(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.