1-1                                   AN ACT
 1-2     relating to fees collected by a county tax assessor-collector for
 1-3     processing certain payments by credit card.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 130.0045, Local Government Code, is
 1-6     amended to read as follows:
 1-7           Sec. 130.0045.  CREDIT CARD PAYMENT PROCESSING FEE.  (a)  If
 1-8     a county tax assessor-collector accepts a credit card invoice as
 1-9     conditional payment of a fee or tax, the assessor-collector may
1-10     [shall] collect a fee for processing the invoice.
1-11           (b)  The assessor-collector [collector] shall set a [the] fee
1-12     collected under Subsection (a) in an amount that is reasonably
1-13     related to the expense incurred in processing the credit card
1-14     invoice, not to exceed five percent of the amount of the fee or
1-15     tax.  The processing fee is in addition to the amount of the fee or
1-16     tax, and may be paid conditionally by including the amount of the
1-17     processing fee on the credit card invoice.
1-18           SECTION 2. Section 31.06(c), Tax Code, is amended to read as
1-19     follows:
1-20           (c)  If a tax is paid by credit card, the collector may
1-21     [shall] collect a fee for processing the payment.  The collector
1-22     shall set the fee in an amount that is reasonably related to the
1-23     expense incurred by the collector or taxing unit in processing the
1-24     payment by credit card, not to exceed five percent of the amount of
 2-1     taxes and any penalties or interest being paid.  The fee is in
 2-2     addition to the amount of taxes, penalties, or interest.
 2-3           SECTION 3.  This Act takes effect immediately if it receives
 2-4     a vote of two-thirds of all the members elected to each house, as
 2-5     provided by Section 39, Article III, Texas Constitution.  If this
 2-6     Act does not receive the vote necessary for immediate effect, this
 2-7     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2185 was passed by the House on April
         20, 2001, by the following vote:  Yeas 142, Nays 0, 2 present, not
         voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2185 was passed by the Senate on May
         17, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor