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.