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

Tex. Prop. Code § 74.709 (2026)

Suit To Compel Delivery Of Property And Civil Penalties

✓ current as of May 2026
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Sec. 74.709. SUIT TO COMPEL DELIVERY OF PROPERTY AND CIVIL PENALTIES. (a) On request of the comptroller, the attorney general shall bring an action in district court, in the name of the state, to compel a person to:

(1) permit examination of records in accordance with this chapter;

(2) deliver property; or

(3) file a property report.

(b) Venue for a suit brought under this section is in Travis County.

(c) The fact that a suit seeks enforcement of this section from more than one holder is not grounds for an objection concerning misjoinder of parties or causes of action.

(d) When introduced into evidence, the verified property report, unless rebutted, is sufficient evidence that the property is abandoned and subject to delivery under this chapter and for entry of a judgment transferring custody of the property to the comptroller.

(e) The attorney general, on behalf of the comptroller, may recover reasonable attorney's fees from the holder in addition to recovery of any unclaimed property accrued or a penalty or interest due.

(f) In addition to a penalty or interest assessed on delinquent property, a holder who fails to pay or deliver property or who fails to file a property report within the time prescribed by this chapter is subject to a civil penalty not to exceed $100 for each day of violation.

Added by Acts 1997, 75th Leg., ch. 1037, Sec. 36, eff. Sept. 1, 1997.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 897 (H.B. 3598), Sec. 11, eff. June 10, 2019.

Notes of Decisions
Cited in 5 cases, 2003–2011 · leading case: In Re Lease Oil Antitrust Litig., 570 F.3d 244 (5th Cir. 2009).
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In Re Lease Oil Antitrust Litig., 570 F.3d 244 (5th Cir. 2009). · cites it 2× “See TEX. PROP.CODE § 74.709 (Vernon 2007). If Texas won such a suit, however, it would create a legal morass.”
All v. All, 645 F.3d 329 (5th Cir. 2011). “3d at 251 (citing Tex. Prop.Code Ann. § 74.709). If the district court is permitted to disregard the Act, the result will be the elimination of that property right, based purely on the fact that this case happened to be settled in federal, rather than state, court.”
De La Cruz v. Brown, 109 S.W.3d 73 (Tex. App. 2003). “017(i)(authorizing attorney general to file suit to collect civil penalty against a title insurance company officer for filing a false affidavit that mortgagor *79 has paid off mortgage); Tex.PROp.Code Ann. § 74.709 (Vernon Supp.”
Poynor v. Chesapeake Expl. Ltd. P'ship, 570 F.3d 244 (5th Cir. 2009). · cites it 2× “See Tex. Prop.Code § 74.709 (Vernon 2007). If Texas won such a suit, however, it would create a legal morass.”
De La Cruz, Arturo v. Brown, Columbus P., A/K/A C. P. Brown (Tex. App. 2003). “017(i)(authorizing attorney general to file suit to collect civil penalty against a title insurance company officer for filing a false affidavit that mortgagor has paid off mortgage); Tex.Prop.Code Ann. § 74.709 (Vernon Supp.”
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