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.