Sec. 551.103. ENFORCEMENT OF PAYMENT AND DAMAGES; RECOVERY ON BOND. (a) The comptroller may apply in the name of this state to the court that issued an order for the payment of funds of an estate under this chapter to enforce the payment of:
(1) funds the executor or administrator has failed to pay to the comptroller under the order; and
(2) any damages that have accrued under Section 551.102.
(b) The court shall enforce the payment under Subsection (a) in the manner prescribed for enforcement of other payment orders.
(c) In addition to the action under Subsection (a), the comptroller may bring an action in the name of this state against the executor or administrator and the sureties on the executor's or administrator's bond for the recovery of the funds ordered to be paid and any accrued damages.
(d) The county attorney or criminal district attorney for the county, the district attorney for the district, or the attorney general, at the election of the comptroller and with the approval of the attorney general, shall represent the comptroller in all proceedings under this section, and shall also represent the interests of this state in all other matters arising under this code.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle L - Payment of Estates Into Treasury
Chapter 551 - Payment of Certain Estates to State
Subchapter C. Penalties; Enforcement
Section 551.101. Liability of Court Clerk; Penalty
Section 551.102. Damages for Failure to Make Payments
Section 551.103. Enforcement of Payment and Damages; Recovery on Bond