Texas Codes

Tex. Prop. Code § 74.506 (2026)

Appeal

✓ current as of May 2026
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Sec. 74.506. APPEAL. (a) A person who has filed a claim that complies with Section 74.501(c) may appeal the decision of the comptroller on the claim before the 61st day after the day on which it was rendered.

(b) If a claim that complies with Section 74.501(c) has not been decided before the 91st day after the day on which it was filed, the claimant may file an appeal if, after the claimant provides notice by certified mail to the comptroller of the intent to file an appeal, the comptroller does not reach a decision on the claim on or before the 60th day after the date the notice is delivered to the comptroller. An appeal under this section must be made within one year of the date the claim was filed.

(c) An appeal under this section must be made by filing suit against the state in a district court in Travis County, Texas. The state's immunity from suit without consent is abolished with respect to suits brought under this section.

(d) A court shall try an action filed under this section de novo and shall apply the rules of practice of the court.

Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 30, eff. Sept. 1, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 13, eff. May 18, 2021.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 2000–2026 · leading case: Kerrville State Hosp. v. Fernandez, 28 S.W.3d 1 (Tex. 2000).
Kerrville State Hosp. v. Fernandez, 28 S.W.3d 1 (Tex. 2000). · cites it 2× “"); Tex. Prop.Code § 74.506(c) ("The state's immunity from suit without consent is abolished with respect to suits brought under this section.”
City of Midlothian v. Black, 271 S.W.3d 791 (Tex. App. 2008). “”); Tex. Prop.Code Ann. § 74.506(c) (Vernon Supp.”
Romo v. Cavender Toyota, Inc., 330 S.W.3d 648 (Tex. App. 2010). · cites it 2× “"), and TEX. PROP.CODE ANN. § 74.506(c) (West Supp.”
Arnett Ex Rel. Est. of Arnett v. Strayhorn, 515 F. Supp. 2d 690 (W.D. Tex. 2006). “See Tex. Prop.Code Ann. § 74.506(b) (person *696 aggrieved by decision under this chapter has right to appeal by filing suit in state district court).”
City of Oak Ridge North v. Mendes, 339 S.W.3d 222 (Tex. App. 2011). “”); Tex. Prop.Code § 74.506(c) ("The state's immunity from suit without consent is abolished with respect to suits brought under this section.”
Lewisville Indep. Sch. Dist. v. CH Townhomes, Inc., 346 S.W.3d 21 (Tex. App. 2011). “”); Tex. Prop. Code Ann. § 74.506 (c) (Vernon 2007) (“The state’s immunity from suit without consent is abolished with respect to suits brought under this section.”
Glenn Hegar, Texas Comptroller of Pub. Accounts// Arnulfo P. Alcorta v. Arnulfo P. Alcorta// Cross-Appellee, Glenn Hegar, Texas Comptroller of Pub. Accounts (Tex. App. 2020). · cites it 2× “Tex. Prop. Code § 74.506(a). By employing this language, the Legislature incorporated subchapter F’s other provisions to define the scope of the waiver.”
The State of Texas & Kyle Madsen in His Off. Capacity as Dir. of Right of Way v. Jrj Pusok Holdings, LLC (Tex. 2026). · cites it 2× “And so does a different provision of the Property Code, which provides that “[t]he state’s immunity from suit without consent is abolished with respect to suits brought under this section”—namely, appeals of Comptroller decisions regarding claims for unclaimed property.”
the City of Midlothian, Texas v. Letha Black (Tex. App. 2008). “010(d) (Vernon 2005) ("Governmental immunity to suit is waived and abolished only to the extent of the liability created by Subsection (b)."); TEX. GOV’T CODE ANN.”
Lewisville Indep. Sch. Dist. v. CH Townhomes, Inc. (Tex. App. 2011). “‖); Tex. Prop. Code Ann. § 74.506 (c) (Vernon 2007) (―The state’s immunity from suit without consent is abolished with respect to suits brought under this section.”
Lewisville Indep. Sch. Dist. v. CH Townhomes, Inc. (Tex. App. 2011). “”); Tex. Prop. Code Ann. § 74.506 (c) (Vernon 2007) (“The state’s immunity from suit without consent is abolished with respect to suits brought under this section.”
Sylvia S. Romo, Bexar Cnty. Tax Assessor - Collector v. Cavender Toyota, Inc. (Tex. App. 2010). “”), and TEX. PROP. CODE ANN. § 74.506(c) (West Supp.”
— Tex. Prop. Code § 74.506(a) — 2 cases
Glenn Hegar, Texas Comptroller of Pub. Accounts// Arnulfo P. Alcorta v. Arnulfo P. Alcorta// Cross-Appellee, Glenn Hegar, Texas Comptroller of Pub. Accounts (Tex. App. 2020). “Tex. Prop. Code § 74.506(a). By employing this language, the Legislature incorporated subchapter F’s other provisions to define the scope of the waiver.”
The State of Texas & Kyle Madsen in His Off. Capacity as Dir. of Right of Way v. Jrj Pusok Holdings, LLC (Tex. 2026). “And so does a different provision of the Property Code, which provides that “[t]he state’s immunity from suit without consent is abolished with respect to suits brought under this section”—namely, appeals of Comptroller decisions regarding claims for unclaimed property.”
— Tex. Prop. Code § 74.506(b) — 1 case
Arnett Ex Rel. Est. of Arnett v. Strayhorn, 515 F. Supp. 2d 690 (W.D. Tex. 2006). “See Tex. Prop.Code Ann. § 74.506(b) (person *696 aggrieved by decision under this chapter has right to appeal by filing suit in state district court).”
— Tex. Prop. Code § 74.506(c) — 9 cases
Kerrville State Hosp. v. Fernandez, 28 S.W.3d 1 (Tex. 2000). “"); Tex. Prop.Code § 74.506(c) ("The state's immunity from suit without consent is abolished with respect to suits brought under this section.”
City of Midlothian v. Black, 271 S.W.3d 791 (Tex. App. 2008). “”); Tex. Prop.Code Ann. § 74.506(c) (Vernon Supp.”
Romo v. Cavender Toyota, Inc., 330 S.W.3d 648 (Tex. App. 2010). “"), and TEX. PROP.CODE ANN. § 74.506(c) (West Supp.”
City of Oak Ridge North v. Mendes, 339 S.W.3d 222 (Tex. App. 2011). “”); Tex. Prop.Code § 74.506(c) ("The state's immunity from suit without consent is abolished with respect to suits brought under this section.”
The State of Texas & Kyle Madsen in His Off. Capacity as Dir. of Right of Way v. Jrj Pusok Holdings, LLC (Tex. 2026). “And so does a different provision of the Property Code, which provides that “[t]he state’s immunity from suit without consent is abolished with respect to suits brought under this section”—namely, appeals of Comptroller decisions regarding claims for unclaimed property.”
— Tex. Prop. Code § 74.506(d) — 1 case
Glenn Hegar, Texas Comptroller of Pub. Accounts// Arnulfo P. Alcorta v. Arnulfo P. Alcorta// Cross-Appellee, Glenn Hegar, Texas Comptroller of Pub. Accounts (Tex. App. 2020). “Tex. Prop. Code § 74.506(a). By employing this language, the Legislature incorporated subchapter F’s other provisions to define the scope of the waiver.”
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