89th Legislature Regular Session

HB 3636

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3636 proposes changes to the Texas Government Code to improve how the Texas Department of Criminal Justice (TDCJ) processes restitution payments owed to crime victims. Under this legislation, if TDCJ claims unclaimed property to fulfill a restitution order, it must now transfer those payments to the clerk of the court that originally issued the order. Along with the payment, TDCJ must also provide the victim’s last known address if available. The bill emphasizes that any victim information transferred to court clerks is confidential and not subject to public disclosure under the state's open records laws.

Additionally, the bill mandates that TDCJ maintain on its public website a designated contact for county officials seeking assistance regarding restitution payments. This measure is designed to ensure clearer communication and easier access to information for local officials administering restitution funds.

A notable procedural change included in the bill reduces the time period after which unclaimed restitution funds are considered abandoned property from five years to three years. This adjustment allows quicker resolution and transfer of unclaimed payments to the Texas Comptroller, ensuring more efficient handling of victims' restitution funds.

The originally filed version of HB 3636 focused on transferring unclaimed restitution payments to the Crime Victims' Compensation Fund after a three-year period of inactivity, changing the current law that treats such funds as abandoned property. It also required that the Texas Department of Criminal Justice (TDCJ) provide county clerks with a detailed payment history for each victim, including payment dates, amounts, mailing addresses, and remaining balances. This original approach sought to more tightly link unclaimed restitution directly to supporting victims but would have imposed additional administrative requirements on TDCJ and court clerks.

The Committee Substitute, however, takes a different direction. It removes the provision sending funds to the Crime Victims' Compensation Fund, instead keeping the current abandoned property process by transferring unclaimed restitution to the Texas Comptroller under Chapter 77 of the Property Code. The substitute bill simplifies the information TDCJ must send to court clerks: only the victim’s last known address must accompany the restitution payment, without the extra burden of transmitting a full payment history. Additionally, the substitute adds a new requirement that TDCJ publish a public contact to assist county officials with any issues related to restitution payments.

Overall, the Committee Substitute shifts the bill toward a more streamlined, administratively lighter model that maintains the traditional unclaimed property system while still enhancing victims' access to restitution. It reflects a balance between protecting victims' interests and ensuring governmental efficiency.
Author
William Metcalf
Terri Leo-Wilson
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3636 would have no significant fiscal implications for the state. The proposed requirements—such as transferring restitution payments along with limited victim information and maintaining a public contact for county officials—are expected to be manageable using the existing resources of the Texas Department of Criminal Justice (TDCJ) and the Office of Court Administration. Therefore, no additional state funding or budgetary adjustments would be necessary to implement the bill.

Similarly, there is no significant fiscal impact expected for local governments. Although county clerks will receive and process more detailed restitution payment transfers, the responsibilities added by the bill (such as protecting confidential information and handling the payments) are not considered burdensome enough to require additional staffing or resources. The limited nature of the administrative changes allows local governments to absorb any minor costs within their current operational frameworks.

Overall, HB 3636 is designed to streamline procedures and enhance efficiency without creating new financial strains on either the state or local governments. Its careful structuring avoids imposing unfunded mandates or significant operational costs, which helps preserve fiscal discipline while improving victim restitution processes.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on HB 3636 because it strengthens the restitution process for crime victims while maintaining a strong commitment to limited, efficient government. The bill addresses problems created by prior reforms that unintentionally left court clerks without the information needed to disburse restitution payments. It now requires the Texas Department of Criminal Justice (TDCJ) to transmit a victim’s last known address when transferring restitution funds to a court clerk, ensuring more timely and accurate distribution. It also enhances privacy protections by clarifying that victim information remains confidential.

Importantly, the bill does not grow the size or scope of government. It simply streamlines existing duties without creating new agencies, programs, or layers of bureaucracy. There is no increase in taxpayer burden, as the Legislative Budget Board found that any minor implementation costs can be absorbed with current resources. Further, the bill imposes no new regulatory burdens on individuals, businesses, or nonprofits — its requirements are internal to government operations.

Additionally, HB 3636 shortens the period for declaring restitution funds "abandoned" from five to three years, enabling quicker transfer of those funds to the Texas Comptroller for proper handling.

  • Individual Liberty: The bill directly advances individual liberty by improving the process for crime victims to receive restitution payments. By requiring TDCJ to provide victims’ last known addresses and ensuring confidential handling of their information, the bill makes it easier for individuals to claim property that is rightfully theirs without unnecessary barriers. Victims are better protected and empowered under the law.
  • Personal Responsibility: The bill reinforces the principle that both offenders (through restitution) and state agencies (through proper administration) have personal responsibilities to fulfill. It ensures that restitution payments are handled in a timely and organized manner, reflecting the importance of meeting obligations to others without undue delay.
  • Free Enterprise: The bill does not impact businesses or free markets. It is solely concerned with governmental and judicial administrative processes and does not interfere with or impose burdens on the private sector.
  • Private Property Rights: Restitution payments represent private financial rights of crime victims. The bill protects those rights by ensuring that victim payments are not unnecessarily delayed, lost, or inaccessible. It also shortens the abandonment period from five years to three years, expediting the process for unclaimed property to be handled properly.
  • Limited Government: Rather than growing government, the bill limits and streamlines administrative responsibilities. It simplifies information sharing requirements, reduces bureaucratic delay, avoids creating new government entities, and carries no additional taxpayer burden. It tightens government processes to be more efficient and less invasive.
Related Legislation
View Bill Text and Status