When restitution money is paid to a department, the department must deposit it, notify the victim, remit payments after a claim, report abandoned payments to the comptroller, and handle related fees and interest as directed.
Sec. 76.013. RESTITUTION. (a) If a judge requires a defendant to make restitution to a victim of the defendant's offense, and a restitution payment is received by a department from the defendant for transmittal to a victim of the offense, the department shall immediately deposit the payment in an interest-bearing account in the county treasury as required by Section 140.003(f), Local Government Code. (b) If a department receives an initial restitution payment, the department shall immediately notify the victim by certified mail, mailed to the last known address of the victim, that the restitution payment has been received and shall inform the victim of how a claim for payment of restitution can be made. (b-1) If a victim makes a claim for payment of restitution with the department, the department shall promptly remit to the victim all restitution payments received by the department from the defendant for transmittal to the victim. (b-2) If a victim who is entitled to restitution does not make a claim for payment before the fifth anniversary of the date the department receives the initial restitution payment or if, after the victim makes a claim for payment, the department is unable to locate the victim for a period of five years after the date the department last made a payment to the victim, any unclaimed restitution payments being held by the department for payment to the victim are presumed abandoned. The department shall report and deliver to the comptroller all unclaimed restitution payments presumed abandoned under this section, less a collection fee of one and one-half percent, in the manner provided by Chapter 77, Property Code. (b-3) If on March 1 a department is not holding unclaimed restitution payments that are presumed abandoned under this section, the department shall file a property report under Section 77.051, Property Code, that certifies that the department is not holding any unclaimed restitution payments that are presumed abandoned under this section. (c) The collection fee under Subsection (b-2) and the accrued interest under Subsection (a) shall be deposited in the special fund of the county treasury provided by Section 509.011 to be used for the same purposes for which state aid may be used under that section. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 5(2), eff. September 1, 2017. Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 9.04(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 796, Sec. 1, eff. Sept. 1, 1997. Amended by: Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 2, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 351 (H.B. 1866), Sec. 5(2), eff. September 1, 2017.