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