§ 54.0482 — TREATMENT OF RESTITUTION PAYMENTS.

Texas § 54.0482

• Jurisdiction: Texas
• Code FA: Family Code

Text

Sec. 54.0482. TREATMENT OF RESTITUTION PAYMENTS. (a) A juvenile probation department that receives a payment to a victim as the result of a juvenile court order for restitution shall immediately:
(1) deposit the payment in an interest-bearing account in the county treasury; and
(2) notify the victim that a payment has been received.
(b) The juvenile probation department shall promptly remit the payment to a victim who has been notified under Subsection (a) and makes a claim for payment.
(b-1) If the victim does not make a claim for payment on or before the 30th day after the date of being notified under Subsection (a), the juvenile probation department shall notify the victim by certified mail, sent to the last known address of the victim, that a payment has been received.
(c) On or before the fifth anniversary of the date the juvenile probation department receives a payment for a victim that is not claimed by the victim, the department shall make and document a good faith effort to locate and notify the victim that an unclaimed payment exists, including:
(1) confirming, if possible, the victim's most recent address with the Department of Public Safety; and
(2) making at least one additional certified mailing to the victim.
(d) A juvenile probation department satisfies the good faith requirement under Subsection (c) by sending by certified mail to the victim, during the period the child is required by the juvenile court order to make payments to the victim, a notice that the victim is entitled to an unclaimed payment.
(e) If a victim claims a payment on or before the fifth anniversary of the date on which the juvenile probation department mailed a notice to the victim under Subsection (b-1), the juvenile probation department shall pay the victim the amount of the original payment, less any interest earned while holding the payment.
(f) If a victim does not claim a payment on or before the fifth anniversary of the date on which the juvenile probation department mailed a notice to the victim under Subsection (b-1), the department:
(1) has no liability to the victim or anyone else in relation to the payment; and
(2) shall transfer the payment from the interest-bearing account to a special fund of the county treasury, the unclaimed juvenile restitution fund.
(g) The county may spend money in the unclaimed juvenile restitution fund only for the same purposes for which the county may spend juvenile state aid.

Legislative History

Added by Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884 ), Sec. 12, eff. September 1, 2007. Renumbered from Family Code, Section 54.0481 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969 ), Sec. 27.001(14), eff. September 1, 2009. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862 ), Sec. 19, eff. September 1, 2013.