Issue Date: 1983-09-01
Revised Date: 2020-06-25

Legal Citations

Origin:

1983 by H.B. 411, 68th Leg., R.S.

Purpose

If a payment is received from a probationer for transmittal to a victim of an offense and the victim cannot be located, the probation department that receives the payment deposits it in an interest-bearing account.

If the payment is not claimed by the victim before the fifth anniversary of the date notification is mailed, the probation department deducts 1.5% as a collection fee and deducts the interest earned and transmits the balance to this account.  The payment is reported as abandoned to the comptroller under Property Code Ch. 77. The comptroller administers all claims for unclaimed restitution payments and may use the account for administrative expenses.

If a subsequent claim is made, the comptroller shall pay the victim less the collection fee from this account.

The account may also be used to cover costs incurred in administering the Address Confidentiality Program.

The Attorney General, not later than Sept. 15 of each year, may transfer up to 50% of the amount that exceeds $5 million in the account at the end of the preceding fiscal year to GR Account 469 -- Compensation to Victims of Crime.

Classification Group 02: Constitutional Funds Expendable for a Specific Purpose [?]
Depository Interest Retained in account
Disposition of Balance Accumulative
Appropriation Technique General Appropriations Act

Financial Activity

To view this GR account's current revenue and expenditure activity by agency or comptroller object code, visit the following links:

Note

Previously administered by the Industrial Accident Board then the Workers’ Compensation Commission (453). S.B. 616, 72nd Leg., R.S. moved the administration of this account and program to the Attorney General (302).

Exempt from loss of dedication (§ 403.094, Government Code) and court costs re-exempt by H.B. 3050, 74th Leg. R.S.

S.J.R. 33, 75th Leg., R.S. passed by the voters 11-4-97 (effective 1-1-98) also created this fund as an account in General Revenue.

S.B. 74,80th Leg., R.S. added Address Confidentiality Program.

S.B. 1377, 81st Leg., R.S. added transfer to GR Account 0469.

H.B. 1866, 85th Leg., R.S. added comptroller administration of unclaimed restitution payments. H.B. 1866, prohibited the 50% transfer to GR Account 0469 for the 2018-19 biennium. This prohibition expired 9/1/2019.

H.B. 4173, 86th Leg., R.S. recodified Code of Criminal Procedure chapter 56 to chapters 56A and 56B, effective January 1, 2021.

USAS Values

USAS Title GR ACCT-COMP VICTIMS CRIME AUX
Consolidated Fund 0001
State Fund Group 02 - CONSTITUTIONAL FDS EXP FOR SPECIFIC PURP
USAS Status A
Created by the state's constitution or receiving constitutionally dedicated revenue and expended for a specific purpose.