By Hamric H.B. No. 2302
75R8390 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fees charged by county officials and the means by
1-3 which fees may be paid.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 118.121, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 118.121. FEE SCHEDULE. A justice of the peace shall
1-8 collect the following fees for services rendered to any person:
1-9 (1) Services rendered before judgment (Sec. 118.122):
1-10 (A) Justice court........................ $15.00
1-11 (B) Small claims court................... $10.00
1-12 (2) Services rendered after judgment (Sec. 118.123):
1-13 (A) Transcript........................... $10.00
1-14 (B) Abstract of judgment.................. $5.00
1-15 (C) Execution, order of sale, writ of
1-16 restitution, or other writ or process............... $5.00 per page
1-17 Issuing other document (no return
1-18 required) ............ not to exceed $1 per
1-19 page [copy charge]
1-20 SECTION 2. Section 118.123(e), Local Government Code, is
1-21 amended to read as follows:
1-22 (e) The fee for "Issuing other document (no return
1-23 required)" under Section 118.121(2) is for issuing a certificate,
1-24 certified copy, notice, statement, or any other document a justice
2-1 of the peace is authorized or required to issue on which a return
2-2 is not to be recorded. The fee for each page or part of a page may
2-3 not exceed $1 [the cost for copies designated by the State
2-4 Purchasing and General Services Commission under Section 552.261,
2-5 Government Code]. The fee must be paid at the time the order is
2-6 placed.
2-7 SECTION 3. The heading of Subchapter A, Chapter 130, Local
2-8 Government Code, is amended to read as follows:
2-9 SUBCHAPTER A. PAYMENT OF FEES AND TAXES BY CHECK, [OR]
2-10 CREDIT CARD, OR ELECTRONIC MEANS
2-11 SECTION 4. Section 130.001, Local Government Code, is
2-12 amended by adding Subdivision (4) to read as follows:
2-13 (4) "Payment by electronic means" means payment by
2-14 telephone or computer but does not include payment in person or by
2-15 mail.
2-16 SECTION 5. Section 130.0045, Local Government Code, is
2-17 amended to read as follows:
2-18 Sec. 130.0045. CREDIT CARD PAYMENT PROCESSING FEE. (a)
2-19 This section does not apply to a county with a population of 2.8
2-20 million or more.
2-21 (b) If a county tax assessor-collector accepts a credit card
2-22 invoice as conditional payment of a fee or tax, the
2-23 assessor-collector may [shall] collect a fee for processing the
2-24 invoice. [The collector shall set the fee in an amount that is
2-25 reasonably related to the expense incurred in processing the credit
2-26 card invoice, not to exceed five percent of the amount of the fee
2-27 or tax.] The processing fee is in addition to the amount of the
3-1 fee or tax, and may be paid conditionally by including the amount
3-2 of the processing fee on the credit card invoice.
3-3 SECTION 6. Subchapter A, Chapter 130, Local Government Code,
3-4 is amended by adding Section 130.0046 to read as follows:
3-5 Sec. 130.0046. FEE FOR PAYMENT BY ELECTRONIC MEANS. (a)
3-6 This section applies only to a county with a population of 2.8
3-7 million or more.
3-8 (b) A county tax assessor-collector that accepts payment by
3-9 electronic means as conditional payment of a county or state fee or
3-10 tax may collect a handling fee for processing the payment. The
3-11 handling fee is in addition to the amount of the fee or tax and may
3-12 be paid conditionally by electronic means at the same time the tax
3-13 or fee is paid.
3-14 SECTION 7. The heading to Chapter 132, Local Government
3-15 Code, is amended to read as follows:
3-16 CHAPTER 132. PAYMENT OF FEES AND OTHER COSTS BY CREDIT CARD
3-17 OR ELECTRONIC MEANS IN MUNICIPALITIES AND COUNTIES
3-18 SECTION 8. Section 132.001, Local Government Code, is
3-19 amended to read as follows:
3-20 Sec. 132.001. DEFINITIONS [DEFINITION]. In this chapter:
3-21 (1) "Credit [, "credit] card" means a card, plate, or
3-22 similar device used to make purchases on credit or to borrow money.
3-23 (2) "Payment by electronic means" means payment by
3-24 telephone or computer but does not include payment in person or by
3-25 mail.
3-26 SECTION 9. Section 132.002, Local Government Code, is
3-27 amended to read as follows:
4-1 Sec. 132.002. PAYMENT OF FEES OR COSTS BY CREDIT CARD OR
4-2 ELECTRONIC MEANS. (a) The commissioners court of a county may
4-3 authorize a county or precinct officer who collects fees, fines,
4-4 court costs, or other charges on behalf of the county or the state
4-5 to:
4-6 (1) accept payment by credit card of a fee, fine,
4-7 court costs, or other charge; and
4-8 (2) collect and retain a fee for processing the
4-9 payment by credit card.
4-10 (b) The governing body of a municipality may authorize a
4-11 municipal official who collects fees, fines, court costs, or other
4-12 charges to:
4-13 (1) accept payment by credit card of a fee, fine,
4-14 court cost, or other charge; and
4-15 (2) collect a fee for processing the payment by credit
4-16 card.
4-17 (c) The commissioners court of a county with a population of
4-18 2.8 million or more may authorize a county or precinct officer who
4-19 collects fees, fines, court costs, or other charges on behalf of
4-20 the county or the state to:
4-21 (1) accept payment by electronic means of a fee, fine,
4-22 court cost, or other charge; and
4-23 (2) collect and retain a handling fee for processing
4-24 the payment by electronic means.
4-25 (d) A commissioners court may authorize the acceptance of
4-26 payment by credit card or by electronic means without requiring
4-27 collection of an additional fee.
5-1 SECTION 10. Section 132.003, Local Government Code, is
5-2 amended to read as follows:
5-3 Sec. 132.003. PROCESSING OR HANDLING FEE. (a) The
5-4 commissioners court shall set a [the] processing fee in an amount
5-5 that is reasonably related to the expense incurred by the county or
5-6 precinct officer in processing the payment by credit card.
5-7 However, the court may not set the processing fee in an amount that
5-8 exceeds five percent of the amount of the fee, court cost, or other
5-9 charge being paid.
5-10 (b) The governing body of a municipality shall set the
5-11 processing fee in an amount that is reasonably related to the
5-12 expense incurred by the municipal official in processing the
5-13 payment by credit card. However, the governing body may not set
5-14 the processing fee in an amount that exceeds five percent of the
5-15 amount of the fee, fine, court cost, or other charge being paid.
5-16 (c) The commissioners court of a county with a population of
5-17 2.8 million or more shall set a handling fee:
5-18 (1) at a flat rate that does not exceed $5 for each
5-19 payment transaction; or
5-20 (2) that is reasonably related to the expense incurred
5-21 by the county or precinct officer in processing a payment by
5-22 electronic means and that does not exceed five percent of the
5-23 amount of the fee, court cost, or other charge being paid.
5-24 SECTION 11. Section 502.153, Transportation Code, is amended
5-25 by amending Subsections (b), (c), (e), and (h) and adding
5-26 Subsection (i) to read as follows:
5-27 (b) The county assessor-collector shall examine the evidence
6-1 of financial responsibility to determine whether it complies with
6-2 Subsection (c). After examining the evidence, the
6-3 assessor-collector shall return the evidence unless it is in the
6-4 form of a photocopy or an electronic submission.
6-5 (c) In this section, evidence of financial responsibility
6-6 may be:
6-7 (1) a document listed under Section 601.053(a);
6-8 (2) a liability self-insurance or pool coverage
6-9 document issued by a political subdivision or governmental pool
6-10 under the authority of Chapter 791, Government Code, Chapter 119,
6-11 Local Government Code, or other applicable law in at least the
6-12 minimum amounts required by Chapter 601; [or]
6-13 (3) a photocopy of a document described by Subdivision
6-14 (1) or (2); or
6-15 (4) an electronic submission of a document or the
6-16 information contained in a document described by Subdivision (1) or
6-17 (2).
6-18 (e) At the time of registration, the county
6-19 assessor-collector shall provide to a person registering a motor
6-20 vehicle a separate [document that contains a] statement that the
6-21 motor vehicle being registered may not be operated in this state
6-22 unless:
6-23 (1) liability insurance coverage for the motor vehicle
6-24 in at least the minimum amounts required by law remains in effect
6-25 to insure against potential losses; or
6-26 (2) the motor vehicle is exempt from the insurance
6-27 requirement because the person has established financial
7-1 responsibility in a manner described by Section 601.051(2)-(5) or
7-2 is exempt under Section 601.052.
7-3 (h) This section does not prevent a person from registering
7-4 a motor vehicle by mail or through an electronic submission.
7-5 (i) To be valid under this section, an electronic submission
7-6 must be in a format that is:
7-7 (1) submitted by electronic means, including a
7-8 telephone, facsimile machine, or computer;
7-9 (2) approved by the department; and
7-10 (3) authorized by the commissioners court for use in
7-11 the county.
7-12 SECTION 12. Section 601.087, Transportation Code, is amended
7-13 to read as follows:
7-14 Sec. 601.087. GOVERNMENTAL RECORD; UNAUTHORIZED CERTIFICATE
7-15 OR FORM. A standard proof of motor vehicle liability insurance
7-16 form described by Section 601.081, a certificate described by
7-17 Section 601.083, [or] a document purporting to be such a form or
7-18 certificate that is not issued by an insurer authorized to write
7-19 motor vehicle liability insurance in this state, or an electronic
7-20 submission in a form described by Section 502.153(i) is a
7-21 governmental record for purposes of Chapter 37, Penal Code.
7-22 SECTION 13. Section 601.196(a), Transportation Code, is
7-23 amended to read as follows:
7-24 (a) A person commits an offense if the person:
7-25 (1) forges an evidence of financial responsibility;
7-26 (2) signs an evidence of financial responsibility
7-27 without authority; [or]
8-1 (3) files or offers for filing evidence of financial
8-2 responsibility that the person knows or has reason to believe is
8-3 forged or signed without authority; or
8-4 (4) files or offers for filing an electronic
8-5 submission of financial information in a form described by Section
8-6 502.153(i) that the person knows or has reason to believe is false.
8-7 SECTION 14. This Act takes effect September 1, 1997.
8-8 SECTION 15. The importance of this legislation and the
8-9 crowded condition of the calendars in both houses create an
8-10 emergency and an imperative public necessity that the
8-11 constitutional rule requiring bills to be read on three several
8-12 days in each house be suspended, and this rule is hereby suspended.