By Hilbert                                      H.B. No. 1078

      75R4186 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the payment of fees and other charges to certain

 1-3     counties by credit card.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 132.002, Local Government Code, is

 1-6     amended to read as follows:

 1-7           Sec. 132.002.  PAYMENT OF FEES OR COSTS BY CREDIT CARD.  (a)

 1-8     The commissioners court of a county with a population of less than

 1-9     2.8 million may authorize a county or precinct officer who

1-10     collects fees, fines, court costs, or other charges to:

1-11                 (1)  accept payment by credit card of a fee, fine,

1-12     court cost, or other charge; and

1-13                 (2)  collect a fee for processing the payment by credit

1-14     card.

1-15           (b)  The commissioners court of a county with a population of

1-16     2.8 million or more may authorize a county or precinct officer who

1-17     collects fees, fines, court costs, or other charges to accept

1-18     payment by credit card of a fee, fine, court cost, or other charge.

1-19           (c)  The governing body of a municipality may authorize a

1-20     municipal official who collects fees, fines, court costs, or other

1-21     charges to:

1-22                 (1)  accept payment by credit card of a fee, fine,

1-23     court cost, or other charge; and

1-24                 (2)  collect a fee for processing the payment by credit

 2-1     card.

 2-2           SECTION 2.  Section 132.003(a), Local Government Code, is

 2-3     amended to read as follows:

 2-4           (a)  A [The] commissioners court authorized to collect a fee

 2-5     for processing a payment by credit card shall set the  processing

 2-6     fee in an amount that is reasonably related to the expense incurred

 2-7     by the county or precinct officer in processing the payment by

 2-8     credit card.  However, the court may not set the processing fee in

 2-9     an amount that exceeds five percent of the amount of the fee, court

2-10     cost, or other charge being paid.

2-11           SECTION 3.  The change in law made by this Act applies only

2-12     to payments made by credit card on or after the effective date of

2-13     this Act.  Payments made by credit card before the effective date

2-14     of this Act are governed by the law in effect when the payments

2-15     were made, and the former law is continued in effect for that

2-16     purpose.

2-17           SECTION 4.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.