Tex. Codes » Property Code · TITLE 6. UNCLAIMED PROPERTY · CHAPTER 74. REPORT, DELIVERY, AND CLAIMS PROCESS
Texas Codes

Tex. Prop. Code § 74.309 (2026)

Private Escheat Agreements Prohibited

✓ laws through the 89th Legislature (2025)
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 74.309. PRIVATE ESCHEAT AGREEMENTS PROHIBITED. An individual, corporation, business association, or other organization may not act through amendment of articles of incorporation, amendment of bylaws, private agreement, or any other means to take or divert funds or personal property into income, divide funds or personal property among locatable patrons or stockholders, or divert funds or personal property by any other method for the purpose of circumventing the unclaimed property process.

Added by Acts 1987, 70th Leg., ch. 426, Sec. 5, eff. Sept. 1, 1987.

SUBCHAPTER E. DISPOSITION OF DELIVERED PROPERTY


Notes of Decisions
Cited in 3 cases, 1997–2014 · leading case: State v. Snell, 950 S.W.2d 108 (Tex. App.—El Paso 1997).
Sort: Relevance Newest Treatment
State v. Snell, 950 S.W.2d 108 (Tex. App.—El Paso 1997). · cites it 2× “The objection stated the Unclaimed Property Provision generally contravened Texas unclaimed property law and also violated the Texas Property Code § 74.309, which prohibits private parties from contracting in an attempt to defeat the statutory unclaimed property provisions.”
State v. Highland Homes, Ltd., 417 S.W.3d 478 (Tex. App.—El Paso 2012). · cites it 2× “But Texas has adopted a statute specifically providing that the expiration of a period of limitation on the owner’s right to receive or recover property, whether specified by contract, statute, or court order, does not prevent the property from being presumed abandoned or affect…”
Highland Homes Ltd. v. State, 448 S.W.3d 403 (Tex. 2014). “” Tex. Prop.Code § 74.309. Highland and the class representative agreed “to a cy pres distribution of unclaimed funds owed to class members” who, although known, could not be found to cash their settlement checks within 90 days of issuance.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.