By Deshotel H.B. No. 136
77R858 MTB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fees charged in connection with collection of a
1-3 dishonored check.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1(a), Chapter 617, Acts of the 68th
1-6 Legislature, Regular Session, 1983 (Article 9022, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 (a) The holder of a check or its assignee, agent,
1-9 representative, or any other person retained by the holder to seek
1-10 collection of the face value of the dishonored check on return of
1-11 the check to the holder following its dishonor by a payor may
1-12 charge the drawer or endorser a reasonable processing fee, which
1-13 shall not exceed $15 [25]. A person may not charge a processing fee
1-14 to a drawer or endorser under this subsection if the fee has been
1-15 collected under Article 102.007(e) or Article 102.0071, Code of
1-16 Criminal Procedure. If a processing fee has been collected under
1-17 this subsection and the holder subsequently receives a fee
1-18 collected under Article 102.007(e) or Article 102.0071, Code of
1-19 Criminal Procedure, the holder shall immediately refund the fee
1-20 previously collected from the drawer or endorser. Notwithstanding
1-21 any other provisions of law, a loan agreement made under Chapter
1-22 342, Finance Code, may provide that on return of a dishonored check
1-23 given in payment under the agreement, the holder may charge the
1-24 obligor under the agreement the processing fee authorized by this
2-1 Act, and the fee may be added to the unpaid balance owed under the
2-2 agreement, except that interest may not be charged on the fee
2-3 during the term of the agreement.
2-4 SECTION 2. (a) The change in law made by this Act applies
2-5 only to a check issued on or after the effective date of this Act.
2-6 (b) A check issued before the effective date of this Act is
2-7 covered by the law in effect when the check was issued, and the
2-8 former law is continued in effect for that purpose.
2-9 SECTION 3. This Act takes effect September 1, 2001.