BWH C.S.H.B. 1078 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.H.B. 1078
By: Hilbert
3-12-97
Committee Report (Substituted)



BACKGROUND 

Current law allows county commissioners courts to authorize a county or
precinct officer who collects fees, fines, court costs, or other charges
to accept payment by credit card and requires that a fee be assessed for
processing the credit card payment. The major credit card issuers VISA and
MASTERCARD, will not approve a merchant agreement in which a fee is
assessed by the merchant for the use of a credit card. Thus, county
commissioners courts are unable to provide the public the convenience of
payment by credit card for various fees, fines, court costs or other
charges. 

PURPOSE

C.S.H.B. 1078 would provide that a commissioners court may authorize the
acceptance of a credit card for payment of fees, fines, court costs or
other charges but makes the assessment of a processing fee permissive
instead of mandatory as provided by current law. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 132.002 (a), Local Government Code by:
 1)  Combining Subsections (a)(1) and (2); and
 2)  Adding language to Subsection (a) which makes it permissive for a
commissioners court to authorize the collection of a fee under Section
132.002. 
 
SECTION 2. Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1078 differs from H.B. 1078 as follows:
 1)  Under Subsection 132.002(a), the substitute removes the population
bracket; and 
 2)  The substitute removes the new Subsection 132.002(b); and 
 3)  Adds permissive language regarding the collection of fees under
Subsection 132.002(a) of the substitute.