AN ACT
1-1 relating to the fees charged by local governmental officials and
1-2 the means by which fees may be paid; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading of Subchapter A, Chapter 130, Local
1-5 Government Code, is amended to read as follows:
1-6 SUBCHAPTER A. PAYMENT OF FEES AND TAXES BY CHECK, [OR]
1-7 CREDIT CARD, OR ELECTRONIC MEANS
1-8 SECTION 2. Section 130.001, Local Government Code, is
1-9 amended by adding Subdivision (4) to read as follows:
1-10 (4) "Payment by electronic means" means payment by
1-11 telephone or computer but does not include payment in person or by
1-12 mail.
1-13 SECTION 3. Subchapter A, Chapter 130, Local Government Code,
1-14 is amended by adding Section 130.0046 to read as follows:
1-15 Sec. 130.0046. FEE FOR PAYMENT BY ELECTRONIC MEANS. A
1-16 county tax assessor-collector that accepts payment by electronic
1-17 means as conditional payment of a county or state fee or tax may
1-18 collect a handling fee for processing the payment. The handling
1-19 fee is in addition to the amount of the fee or tax and may be paid
1-20 conditionally by electronic means at the same time the tax or fee
1-21 is paid.
1-22 SECTION 4. The heading to Chapter 132, Local Government
1-23 Code, is amended to read as follows:
2-1 CHAPTER 132. PAYMENT OF FEES AND OTHER COSTS BY CREDIT CARD
2-2 OR ELECTRONIC MEANS IN MUNICIPALITIES AND COUNTIES
2-3 SECTION 5. Section 132.001, Local Government Code, is
2-4 amended to read as follows:
2-5 Sec. 132.001. DEFINITIONS [DEFINITION]. In this chapter:
2-6 (1) "Credit[, "credit] card" means a card, plate, or
2-7 similar device used to make purchases on credit or to borrow money.
2-8 (2) "Payment by electronic means" means payment by
2-9 telephone or computer but does not include payment in person or by
2-10 mail.
2-11 SECTION 6. Section 132.002, Local Government Code, is
2-12 amended to read as follows:
2-13 Sec. 132.002. PAYMENT OF FEES OR COSTS BY CREDIT CARD OR
2-14 ELECTRONIC MEANS. (a) The commissioners court of a county may
2-15 authorize a county or precinct officer who collects fees, fines,
2-16 court costs, or other charges on behalf of the county or the state
2-17 to[:]
2-18 [(1)] accept payment by credit card of a fee, fine,
2-19 court costs, or other charge. The commissioners court may also
2-20 authorize a county or precinct officer to[; and]
2-21 [(2)] collect and retain a fee for processing the
2-22 payment by credit card.
2-23 (b) The governing body of a municipality may authorize a
2-24 municipal official who collects fees, fines, court costs, or other
2-25 charges to:
3-1 (1) accept payment by credit card of a fee, fine,
3-2 court cost, or other charge; and
3-3 (2) collect a fee for processing the payment by credit
3-4 card.
3-5 (c) The commissioners court may authorize a county or
3-6 precinct officer who collects fees, fines, court costs, or other
3-7 charges on behalf of the county or the state to accept payment by
3-8 electronic means of a fee, fine, court costs, or other charge. The
3-9 commissioners court may also authorize a county or precinct officer
3-10 to collect and retain a handling fee for processing the payment by
3-11 electronic means.
3-12 (d) A commissioners court may authorize the acceptance of
3-13 payment by credit card or by electronic means without requiring
3-14 collection of a fee.
3-15 SECTION 7. Section 132.003, Local Government Code, is
3-16 amended to read as follows:
3-17 Sec. 132.003. PROCESSING OR HANDLING FEE. (a) The
3-18 commissioners court shall set a [the] processing fee in an amount
3-19 that is reasonably related to the expense incurred by the county or
3-20 precinct officer in processing the payment by credit card.
3-21 However, the court may not set the processing fee in an amount that
3-22 exceeds five percent of the amount of the fee, court cost, or other
3-23 charge being paid.
3-24 (b) The governing body of a municipality shall set the
3-25 processing fee in an amount that is reasonably related to the
4-1 expense incurred by the municipal official in processing the
4-2 payment by credit card. However, the governing body may not set
4-3 the processing fee in an amount that exceeds five percent of the
4-4 amount of the fee, fine, court cost, or other charge being paid.
4-5 (c) If the commissioners court authorizes collection of a
4-6 handling fee under Section 132.002(c), the fee shall be set:
4-7 (1) at a flat rate that does not exceed $5 for each
4-8 payment transaction; or
4-9 (2) at a rate that is reasonably related to the
4-10 expense incurred by the county or precinct officer in processing a
4-11 payment by electronic means and that does not exceed five percent
4-12 of the amount of the fee, court cost, or other charge being paid.
4-13 SECTION 8. Section 502.153, Transportation Code, is amended
4-14 by amending Subsections (b), (c), (e), and (h) and adding
4-15 Subsection (i) to read as follows:
4-16 (b) The county assessor-collector shall examine the evidence
4-17 of financial responsibility to determine whether it complies with
4-18 Subsection (c). After examining the evidence, the
4-19 assessor-collector shall return the evidence unless it is in the
4-20 form of a photocopy or an electronic submission.
4-21 (c) In this section, evidence of financial responsibility
4-22 may be:
4-23 (1) a document listed under Section 601.053(a);
4-24 (2) a liability self-insurance or pool coverage
4-25 document issued by a political subdivision or governmental pool
5-1 under the authority of Chapter 791, Government Code, Chapter 119,
5-2 Local Government Code, or other applicable law in at least the
5-3 minimum amounts required by Chapter 601; [or]
5-4 (3) a photocopy of a document described by Subdivision
5-5 (1) or (2); or
5-6 (4) an electronic submission of a document or the
5-7 information contained in a document described by Subdivision (1) or
5-8 (2).
5-9 (e) At the time of registration, the county
5-10 assessor-collector shall provide to a person registering a motor
5-11 vehicle a separate [document that contains a] statement that the
5-12 motor vehicle being registered may not be operated in this state
5-13 unless:
5-14 (1) liability insurance coverage for the motor vehicle
5-15 in at least the minimum amounts required by law remains in effect
5-16 to insure against potential losses; or
5-17 (2) the motor vehicle is exempt from the insurance
5-18 requirement because the person has established financial
5-19 responsibility in a manner described by Section 601.051(2)-(5) or
5-20 is exempt under Section 601.052.
5-21 (h) This section does not prevent a person from registering
5-22 a motor vehicle by mail or through an electronic submission.
5-23 (i) To be valid under this section, an electronic submission
5-24 must be in a format that is:
5-25 (1) submitted by electronic means, including a
6-1 telephone, facsimile machine, or computer;
6-2 (2) approved by the department; and
6-3 (3) authorized by the commissioners court for use in
6-4 the county.
6-5 SECTION 9. Section 601.087, Transportation Code, is amended
6-6 to read as follows:
6-7 Sec. 601.087. GOVERNMENTAL RECORD; UNAUTHORIZED CERTIFICATE
6-8 OR FORM. A standard proof of motor vehicle liability insurance
6-9 form described by Section 601.081, a certificate described by
6-10 Section 601.083, [or] a document purporting to be such a form or
6-11 certificate that is not issued by an insurer authorized to write
6-12 motor vehicle liability insurance in this state, or an electronic
6-13 submission in a form described by Section 502.153(i) is a
6-14 governmental record for purposes of Chapter 37, Penal Code.
6-15 SECTION 10. Subsection (a), Section 601.196, Transportation
6-16 Code, is amended to read as follows:
6-17 (a) A person commits an offense if the person:
6-18 (1) forges an evidence of financial responsibility;
6-19 (2) signs an evidence of financial responsibility
6-20 without authority; [or]
6-21 (3) files or offers for filing evidence of financial
6-22 responsibility that the person knows or has reason to believe is
6-23 forged or signed without authority; or
6-24 (4) files or offers for filing an electronic
6-25 submission of financial information in a form described by Section
S.B. No. 655
7-1 502.153(i) that the person knows or has reason to believe is false.
7-2 SECTION 11. This Act takes effect September 1, 1997.
7-3 SECTION 12. The importance of this legislation and the
7-4 crowded condition of the calendars in both houses create an
7-5 emergency and an imperative public necessity that the
7-6 constitutional rule requiring bills to be read on three several
7-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 655 passed the Senate on
March 20, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 7, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 655 passed the House, with
amendment, on May 2, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor