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