By Pitts                                              H.B. No. 2162
         77R6424 DWS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to collection of a check processing fee on behalf of
 1-3     holder of dishonored check.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Article 102.007(e), Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           (e)  In addition to the collection fee specified in
 1-8     Subsection (c) of this article, the county attorney, district
 1-9     attorney, or criminal district attorney shall [may] collect the fee
1-10     authorized by Article 9022, Vernon's Texas Civil Statutes, for the
1-11     benefit of the holder of a check or its assignee, agent,
1-12     representative, or any other person retained by the holder to seek
1-13     collection of the check.
1-14           SECTION 2. Article 102.0071, Code of Criminal Procedure, is
1-15     amended to read as follows:
1-16           Art. 102.0071.  JUSTICE COURT DISHONORED CHECK. On conviction
1-17     in justice court of an offense under Section 32.41, Penal Code, or
1-18     an offense under Section 31.03 or 31.04, Penal Code, in which it is
1-19     shown that the defendant committed the offense by issuing or
1-20     passing a check that was subsequently dishonored, the court shall
1-21     [may] collect from the defendant and pay to the holder of the check
1-22     the fee permitted by Article 9022, Vernon's Texas Civil Statutes.
1-23           SECTION 3. (a)  The change in law made by this Act applies
1-24     only to an offense committed on or after the effective date of this
 2-1     Act.  For the purposes of this section, an offense is committed
 2-2     before the effective date of this Act if any element of the offense
 2-3     occurs before that date.
 2-4           (b)  An offense committed before the effective date of this
 2-5     Act is governed by the law in effect when the offense was
 2-6     committed, and the former law is continued in effect for that
 2-7     purpose.
 2-8           SECTION 4. This Act takes effect September 1, 2001.