By Goolsby H.B. No. 2185 75R7752 CAG-D A BILL TO BE ENTITLED 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 person attempting the recovery for a check or warrant 1-18 that has not been presented for payment shall pay the county a fee 1-19 of one percent of the face value of the check or warrant if the 1-20 county issues a new negotiable check or warrant. 1-21 (d) A county treasurer may collect a reasonable research fee 1-22 to determine if a claim submitted under this section is valid. The 1-23 treasurer may include the costs of inquiries to depository banks, 1-24 research of accounting records, and other similar actions in 2-1 setting the fee. A county treasurer may require the fee to be paid 2-2 before a claim may be processed or researched under this section. 2-3 SECTION 2. This Act takes effect September 1, 1997, and 2-4 applies only to a contract for the collection of an overdue county 2-5 check or warrant made on or after that date. A contract for the 2-6 collection of an overdue county check or warrant made before the 2-7 effective date of this Act is governed by the law as it existed 2-8 immediately before the effective date of this Act, and that law is 2-9 continued in effect for that purpose. 2-10 SECTION 3. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended.