75R11513 DRH-D
By Lindsay S.B. No. 655
Substitute the following for S.B. No. 655:
By Kamel C.S.S.B. No. 655
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fees charged by local governmental officials and
1-3 the means by which fees may be paid.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading of Subchapter A, Chapter 130, Local
1-6 Government Code, is amended to read as follows:
1-7 SUBCHAPTER A. PAYMENT OF FEES AND TAXES BY CHECK, [OR]
1-8 CREDIT CARD, OR ELECTRONIC MEANS
1-9 SECTION 2. Section 130.001, Local Government Code, is
1-10 amended by adding Subdivision (4) to read as follows:
1-11 (4) "Payment by electronic means" means payment by
1-12 telephone or computer but does not include payment in person or by
1-13 mail.
1-14 SECTION 3. Subchapter A, Chapter 130, Local Government Code,
1-15 is amended by adding Section 130.0046 to read as follows:
1-16 Sec. 130.0046. FEE FOR PAYMENT BY ELECTRONIC MEANS. A
1-17 county tax assessor-collector that accepts payment by electronic
1-18 means as conditional payment of a county or state fee or tax may
1-19 collect a handling fee for processing the payment. The handling
1-20 fee is in addition to the amount of the fee or tax and may be paid
1-21 conditionally by electronic means at the same time the tax or fee
1-22 is paid.
1-23 SECTION 4. The heading to Chapter 132, Local Government
1-24 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:
2-26 (1) accept payment by credit card of a fee, fine,
2-27 court cost, or other charge; and
3-1 (2) collect a fee for processing the payment by credit
3-2 card.
3-3 (c) The commissioners court may authorize a county or
3-4 precinct officer who collects fees, fines, court costs, or other
3-5 charges on behalf of the county or the state to accept payment by
3-6 electronic means of a fee, fine, court costs, or other charge. The
3-7 commissioners court may also authorize a county or precinct officer
3-8 to collect and retain a handling fee for processing the payment by
3-9 electronic means.
3-10 (d) A commissioners court may authorize the acceptance of
3-11 payment by credit card or by electronic means without requiring
3-12 collection of a fee.
3-13 SECTION 7. Section 132.003, Local Government Code, is
3-14 amended to read as follows:
3-15 Sec. 132.003. PROCESSING OR HANDLING FEE. (a) The
3-16 commissioners court shall set a [the] processing fee in an amount
3-17 that is reasonably related to the expense incurred by the county or
3-18 precinct officer in processing the payment by credit card.
3-19 However, the court may not set the processing fee in an amount that
3-20 exceeds five percent of the amount of the fee, court cost, or other
3-21 charge being paid.
3-22 (b) The governing body of a municipality shall set the
3-23 processing fee in an amount that is reasonably related to the
3-24 expense incurred by the municipal official in processing the
3-25 payment by credit card. However, the governing body may not set
3-26 the processing fee in an amount that exceeds five percent of the
3-27 amount of the fee, fine, court cost, or other charge being paid.
4-1 (c) If the commissioners court authorizes collection of a
4-2 handling fee under Section 132.002(c), the fee shall be set:
4-3 (1) at a flat rate that does not exceed $5 for each
4-4 payment transaction; or
4-5 (2) at a rate that is reasonably related to the
4-6 expense incurred by the county or precinct officer in processing a
4-7 payment by electronic means and that does not exceed five percent
4-8 of the amount of the fee, court cost, or other charge being paid.
4-9 SECTION 8. Section 502.153, Transportation Code, is amended
4-10 by amending Subsections (b), (c), (e), and (h) and adding
4-11 Subsection (i) to read as follows:
4-12 (b) The county assessor-collector shall examine the evidence
4-13 of financial responsibility to determine whether it complies with
4-14 Subsection (c). After examining the evidence, the
4-15 assessor-collector shall return the evidence unless it is in the
4-16 form of a photocopy or an electronic submission.
4-17 (c) In this section, evidence of financial responsibility
4-18 may be:
4-19 (1) a document listed under Section 601.053(a);
4-20 (2) a liability self-insurance or pool coverage
4-21 document issued by a political subdivision or governmental pool
4-22 under the authority of Chapter 791, Government Code, Chapter 119,
4-23 Local Government Code, or other applicable law in at least the
4-24 minimum amounts required by Chapter 601; [or]
4-25 (3) a photocopy of a document described by Subdivision
4-26 (1) or (2); or
4-27 (4) an electronic submission of a document or the
5-1 information contained in a document described by Subdivision (1) or
5-2 (2).
5-3 (e) At the time of registration, the county
5-4 assessor-collector shall provide to a person registering a motor
5-5 vehicle a separate [document that contains a] statement that the
5-6 motor vehicle being registered may not be operated in this state
5-7 unless:
5-8 (1) liability insurance coverage for the motor vehicle
5-9 in at least the minimum amounts required by law remains in effect
5-10 to insure against potential losses; or
5-11 (2) the motor vehicle is exempt from the insurance
5-12 requirement because the person has established financial
5-13 responsibility in a manner described by Section 601.051(2)-(5) or
5-14 is exempt under Section 601.052.
5-15 (h) This section does not prevent a person from registering
5-16 a motor vehicle by mail or through an electronic submission.
5-17 (i) To be valid under this section, an electronic submission
5-18 must be in a format that is:
5-19 (1) submitted by electronic means, including a
5-20 telephone, facsimile machine, or computer;
5-21 (2) approved by the department; and
5-22 (3) authorized by the commissioners court for use in
5-23 the county.
5-24 SECTION 9. Section 601.087, Transportation Code, is amended
5-25 to read as follows:
5-26 Sec. 601.087. GOVERNMENTAL RECORD; UNAUTHORIZED CERTIFICATE
5-27 OR FORM. A standard proof of motor vehicle liability insurance
6-1 form described by Section 601.081, a certificate described by
6-2 Section 601.083, [or] a document purporting to be such a form or
6-3 certificate that is not issued by an insurer authorized to write
6-4 motor vehicle liability insurance in this state, or an electronic
6-5 submission in a form described by Section 502.153(i) is a
6-6 governmental record for purposes of Chapter 37, Penal Code.
6-7 SECTION 10. Section 601.196(a), Transportation Code, is
6-8 amended to read as follows:
6-9 (a) A person commits an offense if the person:
6-10 (1) forges an evidence of financial responsibility;
6-11 (2) signs an evidence of financial responsibility
6-12 without authority; [or]
6-13 (3) files or offers for filing evidence of financial
6-14 responsibility that the person knows or has reason to believe is
6-15 forged or signed without authority; or
6-16 (4) files or offers for filing an electronic
6-17 submission of financial information in a form described by Section
6-18 502.153(i) that the person knows or has reason to believe is false.
6-19 SECTION 11. This Act takes effect September 1, 1997.
6-20 SECTION 12. The importance of this legislation and the
6-21 crowded condition of the calendars in both houses create an
6-22 emergency and an imperative public necessity that the
6-23 constitutional rule requiring bills to be read on three several
6-24 days in each house be suspended, and this rule is hereby suspended.