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CS/CS/CS/HB 681: Unclaimed Funds Held by the Clerks of Court

GENERAL BILL by Judiciary Committee ; Appropriations Committee ; Oversight, Transparency and Administration Subcommittee ; Clemons ; Ingoglia ; (CO-INTRODUCERS) Mercado ; Roth

Unclaimed Funds Held by the Clerks of Court; Repeals provisions relating to deposit of certain unclaimed funds with CFO to credit of State School Fund; revises time period for certain persons to file claims for unclaimed surplus funds; requires clerk to report certain unclaimed property as surplus; specifies procedures for clerk to use in handling surpluses; specifies entity entitled to surplus; repeals provisions relating to qualifications & appointment of surplus trustee in foreclosure actions; exempts certain funds remaining after a judicial sale from becoming distributable & subject to certain reporting requirements; revises service charges that clerk may receive & deduct from surplus.

Effective Date: 7/1/2017
 Last Action: 5/5/2017 Senate - Died in Governmental Oversight and Accountability
Bill Text: PDF
Senate Committee References:
  1. Governmental Oversight and Accountability (GO)
  2. Appropriations (AP)

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  • Bill History

    Date Chamber Action
    2/7/2017 House • Filed
    2/15/2017 House • Referred to Oversight, Transparency and Administration Subcommittee; Appropriations Committee; Government Accountability Committee -HJ 81
    3/7/2017 House • Introduced -HJ 81
    3/9/2017 House • On Committee agenda-- Oversight, Transparency and Administration Subcommittee, 03/13/17, 1:00 pm, Morris Hall
    3/13/2017 House • CS by Oversight, Transparency and Administration Subcommittee; YEAS 12 NAYS 0 -HJ 369
    3/14/2017 House • Pending review of CS under Rule 7.18(c)
    3/15/2017 House • CS by Oversight, Transparency and Administration Subcommittee read 1st time -HJ 365
    3/17/2017 House • Original reference(s) removed: Government Accountability Committee
    • CS referred to Appropriations Committee; Judiciary Committee -HJ 389
    • Now in Appropriations Committee -HJ 389
    3/27/2017 House • On Committee agenda-- Appropriations Committee, 03/29/17, 11:30 am, Webster Hall
    3/29/2017 House • CS/CS by Appropriations Committee; YEAS 26 NAYS 0 -HJ 525
    3/31/2017 House • Pending review of CS under Rule 7.18(c)
    • CS/CS by Appropriations Committee read 1st time -HJ 524
    4/3/2017 House • Now in Judiciary Committee -HJ 527
    4/18/2017 House • On Committee agenda-- Judiciary Committee, 04/20/17, 8:00 am, Sumner Hall
    4/20/2017 House • CS/CS/CS by- Judiciary Committee; YEAS 16 NAYS 0 -HJ 806
    4/22/2017 House • Pending review of CS -under Rule 7.18(c)
    4/24/2017 House • Placed on Calendar -HJ 805
    • Placed on Special Order Calendar, 04/27/17
    • CS/CS/CS by Judiciary Committee read 1st time -HJ 798
    4/27/2017 House • Read 2nd time -HJ 945
    • Placed on 3rd reading
    4/28/2017 House • Read 3rd time -HJ 977
    • CS passed; YEAS 117 NAYS 0 -HJ 978
    4/28/2017 Senate • In Messages
    4/30/2017 Senate • Referred to Governmental Oversight and Accountability; Appropriations -SJ 607
    5/1/2017 Senate • Received -SJ 607
    5/5/2017 Senate • Indefinitely postponed and withdrawn from consideration
    • Died in Governmental Oversight and Accountability

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  • CS/CS/CS/HB 681, Committee Substitute 3 (Current Bill Version) Posted 4/22/2017 at 7:16 PM

    Bill Text:   PDF
    Analyses:   None

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 536 (c1) Unclaimed Funds Held by the Clerks of Court Brandes Compare Last Action: 5/5/2017 S Died in Appropriations Track This Bill

    Floor Votes (1)

    Date Chamber Result
    4/28/2017 1:41 PM House 117 Yeas - 0 Nays

    Citations - Statutes (10)

    Citation Catchline Location in Bill Location In Bill Help
    43.19 Money paid into court; unclaimed funds. Page 2 (pdf)
    45.031 Judicial sales procedure. Page 2 (pdf)
    45.032 Disbursement of surplus funds after judicial sale. Page 4 (pdf)
    45.033 Sale or assignment of rights to surplus funds in a property subject to foreclosure. Page 9 (pdf)
    45.034 Qualifications and appointment of a surplus trustee in foreclosure actions. Page 10 (pdf)
    45.035 Clerk’s fees. Page 10 (pdf)
    717.113 Property held by courts and public agencies. Page 11 (pdf)
    717.124 Unclaimed property claims. Page 11 (pdf)
    717.138 Rulemaking authority. Page 11 (pdf)
    717.1401 Repeal. Page 12 (pdf)

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  • CS/CS/HB 681, Committee Substitute 2 Posted 3/31/2017 at 11:31 AM

    Bill Text:   PDF
    Analyses:   Judiciary Committee (Post-Meeting) 4/22/2017 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 536 (c1) Unclaimed Funds Held by the Clerks of Court Brandes Similar Last Action: 5/5/2017 S Died in Appropriations Track This Bill

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    910913 - Strike All Amendment
    Remove lines 32-52 and insert:     		Clemons 4/19/2017
    9:57 AM     		Adopted without Objection
    4/20/2017     		PDF

    Citations - Statutes (9)

    Citation Catchline Location in Bill Location In Bill Help
    43.19 Money paid into court; unclaimed funds. Page 2 (pdf)
    45.032 Disbursement of surplus funds after judicial sale. Page 2 (pdf)
    45.033 Sale or assignment of rights to surplus funds in a property subject to foreclosure. Page 5 (pdf)
    45.034 Qualifications and appointment of a surplus trustee in foreclosure actions. Page 5 (pdf)
    45.035 Clerk’s fees. Page 5 (pdf)
    717.113 Property held by courts and public agencies. Page 6 (pdf)
    717.124 Unclaimed property claims. Page 6 (pdf)
    717.138 Rulemaking authority. Page 7 (pdf)
    717.1401 Repeal. Page 7 (pdf)

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  • CS/HB 681, Committee Substitute 1 Posted 3/14/2017 at 7:13 PM

    Bill Text:   PDF
    Analyses:   Appropriations Committee (Post-Meeting) 3/31/2017 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 536 (c1) Unclaimed Funds Held by the Clerks of Court Brandes Similar Last Action: 5/5/2017 S Died in Appropriations Track This Bill

    Committee Amendments (2)

    Amendment Sponsor Filed Last Committee Action Format
    675657 - Amendment
    Remove lines 36-44 and insert:     		Clemons 3/28/2017
    8:18 PM     		Adopted without Objection
    3/29/2017     		PDF
    041311 - Amendment
    Between lines 107 and 108, insert:     		Clemons 3/28/2017
    8:19 PM     		Adopted without Objection
    3/29/2017     		PDF

    Citations - Statutes (8)

    Citation Catchline Location in Bill Location In Bill Help
    43.19 Money paid into court; unclaimed funds. Page 1 (pdf)
    45.032 Disbursement of surplus funds after judicial sale. Page 2 (pdf)
    45.033 Sale or assignment of rights to surplus funds in a property subject to foreclosure. Page 4 (pdf)
    45.034 Qualifications and appointment of a surplus trustee in foreclosure actions. Page 4 (pdf)
    45.035 Clerk’s fees. Page 4 (pdf)
    717.124 Unclaimed property claims. Page 5 (pdf)
    717.138 Rulemaking authority. Page 5 (pdf)
    717.1401 Repeal. Page 6 (pdf)

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  • HB 681, Original Filed Version Posted 2/7/2017 at 3:54 PM

    Bill Text:   PDF
    Analyses:   Oversight, Transparency and Administration Subcommittee (Post-Meeting) 3/14/2017 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 536 (c1) Unclaimed Funds Held by the Clerks of Court Brandes Similar Last Action: 5/5/2017 S Died in Appropriations Track This Bill

    Committee Amendments (2)

    Amendment Sponsor Filed Last Committee Action Format
    578847 - Amendment
    Remove lines 34-129 and insert:     		Clemons 3/10/2017
    5:17 PM     		Adopted without Objection
    3/13/2017     		PDF
    366989 - Amendment
    Remove line 128 and insert:     		Clemons 3/10/2017
    2:34 PM     		Withdrawn Prior to Consideration
    3/10/2017     		PDF

    Citations - Statutes (8)

    Citation Catchline Location in Bill Location In Bill Help
    43.19 Money paid into court; unclaimed funds. Page 1 (pdf)
    45.032 Disbursement of surplus funds after judicial sale. Page 2 (pdf)
    45.033 Sale or assignment of rights to surplus funds in a property subject to foreclosure. Page 7 (pdf)
    45.034 Qualifications and appointment of a surplus trustee in foreclosure actions. Page 7 (pdf)
    45.035 Clerk’s fees. Page 8 (pdf)
    717.124 Unclaimed property claims. Page 8 (pdf)
    717.138 Rulemaking authority. Page 8 (pdf)
    717.1401 Repeal. Page 9 (pdf)

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