HBA-ATS C.S.H.B. 2890 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2890 By: Bonnen Business & Industry 4/22/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law exempts unclaimed checks with a value of $100 or less that are held by counties and municipalities from escheat. School districts are not exempted. C.S.H.B. 2890 includes a school district among the governmental entities to which Chapter 76 (Report, Delivery, and Claims Process for Certain Property) applies. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 76.001, Property Code, to include a school district among the governmental entities to which Chapter 76 (Report, Delivery, and Claims Process for Certain Property) applies. SECTION 2. Amends Section 76.002, Property Code, to provide that a reference to the chief fiscal officer of a holder includes a person performing the duties of the chief fiscal officer of a holder in a school district, municipality, or county in which the office of chief fiscal officer does not exist. Makes a conforming change. SECTION 3. Effective date: September 1, 2000. Makes application of Section 76.001, Property Code, to unclaimed property held by a holder, as amended by this Act, prospective beginning June 30, 2000. Makes application of Section 76.001, Property Code, as amended by this Act, prospective beginning June 30, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2890 adds new SECTION 2 to amend Section 76.002, Property Code, to provide that a reference to the treasurer of a holder includes a person performing the duties of the treasurer of a holder in a school district, as well as in a municipality or county. The substitute also provides that a reference to the chief fiscal officer of a holder includes a person performing the duties of the chief fiscal officer of a holder in a school district, municipality, or county in which the office of chief fiscal officer does not exist. Makes a conforming change. SECTION 3 of the substitute, as redesignated from SECTION 2 of the original, makes the effective date September 1, 2000, rather than 1999, and adds new Subsections (b) and (c) making application of Section 76.001, Property Code, to unclaimed property held by a holder, as amended by this Act, prospective beginning June, 30, 2000; and application of Section 76.001, Property Code, as amended by this Act, prospective beginning June 30, 1999. SECTION 4 (emergency clause) of the substitute is redesignated from SECTION 3 of the original.