(a) If a person makes a request for an individual's unclaimed personal funds or property that:
  (1) exceeds $500 and provides written authorization from the probate court to receive such funds or property, staff release the funds or property.
  (2) is $500 or less and the CEO or designee is reasonably certain that the person is the lawful heir and that there is no concern for a future dispute over the disbursed funds or property, facility staff release the funds or property.
(b) If no request for the unclaimed funds or property is received, staff must make a good faith effort to locate the individual to whom the funds or property belong or the LAR. If the individual or LAR:
  (1) is located or a request for the personal funds or property is received, staff must transfer the funds or property to the individual or LAR; or
  (2) is not located, staff must maintain the personal funds in a bank account as described in §417.42(b) of this title (relating to SMHF--Managed Personal Funds) or maintain the property in a secure location.
    (A) The SMHF must hold the unclaimed personal funds or property for three years.
    (B) At the end of three years if no request for the funds or property is received, the SMHF must transfer to State Comptroller's Office the unclaimed funds or property according to the Holder Information Report instructions published by the State Comptroller's Office.

Source Note: The provisions of this §417.45 adopted to be effective April 27, 2003, 28 TexReg 3347