1-1 AN ACT 1-2 relating to the collection of certain warrants or checks issued by 1-3 a county treasurer. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 116, Local Government Code, 1-6 is amended by adding Section 116.120 to read as follows: 1-7 Sec. 116.120. COLLECTION OF CERTAIN OVERDUE COUNTY WARRANTS 1-8 OR CHECKS. (a) This section applies only to a warrant or check 1-9 issued by a county treasurer in settlement of a claim against a 1-10 county that has not been presented for payment. 1-11 (b) A person attempting to recover funds from the county for 1-12 a check or warrant issued by the county treasurer may not charge 1-13 the person to whom the check or warrant was issued and on whose 1-14 behalf the attempted recovery is made, or that person's successors 1-15 or assigns, a fee in an amount equal to more than 10 percent of the 1-16 face value of the check or warrant. 1-17 (c) A county treasurer may collect a reasonable research fee 1-18 to determine if a claim submitted under this section is valid. The 1-19 treasurer may include the costs of inquiries to depository banks, 1-20 research of accounting records, and other similar actions in 1-21 setting the fee. A county treasurer may require the fee to be paid 1-22 before a claim may be processed or researched under this section. 1-23 SECTION 2. This Act takes effect September 1, 1997, and 1-24 applies only to a contract for the collection of an overdue county 2-1 check or warrant made on or after that date. A contract for the 2-2 collection of an overdue county check or warrant made before the 2-3 effective date of this Act is governed by the law as it existed 2-4 immediately before the effective date of this Act, and that law is 2-5 continued in effect for that purpose. 2-6 SECTION 3. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2185 was passed by the House on April 18, 1997, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 2185 on May 7, 1997, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2185 was passed by the Senate, with amendments, on May 5, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor