1-1     By:  Goolsby (Senate Sponsor - Carona)                H.B. No. 2185

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 23, 1997, read first time and referred to Committee on

 1-4     Intergovernmental Relations; April 29, 1997, reported adversely,

 1-5     with favorable Committee Substitute by the following vote:  Yeas

 1-6     10, Nays 0; April 29, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2185                  By:  Carona

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the collection of certain warrants or checks issued by

1-11     a county treasurer.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter E, Chapter 116, Local Government Code,

1-14     is amended by adding Section 116.120 to read as follows:

1-15           Sec. 116.120.  COLLECTION OF CERTAIN OVERDUE COUNTY WARRANTS

1-16     OR CHECKS.  (a)  This section applies only to a warrant or check

1-17     issued by a county treasurer in settlement of a claim against a

1-18     county that has not been presented for payment.

1-19           (b)  A person attempting to recover funds from the county for

1-20     a check or warrant issued by the county treasurer may not charge

1-21     the person to whom the check or warrant was issued and on whose

1-22     behalf the attempted recovery is made, or that person's successors

1-23     or assigns, a fee in an amount equal to more than 10 percent of the

1-24     face value of the check or warrant.

1-25           (c)  A county treasurer may collect a reasonable research fee

1-26     to determine if a claim submitted under this section is valid.  The

1-27     treasurer may include the costs of inquiries to depository banks,

1-28     research of accounting records, and other similar actions in

1-29     setting the fee.  A county treasurer may require the fee to be paid

1-30     before a claim may be processed or researched under this section.

1-31           SECTION 2.  This Act takes effect September 1, 1997, and

1-32     applies only to a contract for the collection of an overdue county

1-33     check or warrant made on or after that date.  A contract for the

1-34     collection of an overdue county check or warrant made before the

1-35     effective date of this Act is governed by the law as it existed

1-36     immediately before the effective date of this Act, and that law is

1-37     continued in effect for that purpose.

1-38           SECTION 3.  The importance of this legislation and the

1-39     crowded condition of the calendars in both houses create an

1-40     emergency and an imperative public necessity that the

1-41     constitutional rule requiring bills to be read on three several

1-42     days in each house be suspended, and this rule is hereby suspended.

1-43                                  * * * * *