1-1     By:  Goolsby (Senate Sponsor - Carona)                H.B. No. 2185
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 9, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 9, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to fees collected by a county tax assessor-collector for
 1-9     processing certain payments by credit card.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 130.0045, Local Government Code, is
1-12     amended to read as follows:
1-13           Sec. 130.0045.  CREDIT CARD PAYMENT PROCESSING FEE.  (a)  If
1-14     a county tax assessor-collector accepts a credit card invoice as
1-15     conditional payment of a fee or tax, the assessor-collector may
1-16     [shall] collect a fee for processing the invoice.
1-17           (b)  The assessor-collector [collector] shall set a [the] fee
1-18     collected under Subsection (a) in an amount that is reasonably
1-19     related to the expense incurred in processing the credit card
1-20     invoice, not to exceed five percent of the amount of the fee or
1-21     tax.  The processing fee is in addition to the amount of the fee or
1-22     tax, and may be paid conditionally by including the amount of the
1-23     processing fee on the credit card invoice.
1-24           SECTION 2. Section 31.06(c), Tax Code, is amended to read as
1-25     follows:
1-26           (c)  If a tax is paid by credit card, the collector may
1-27     [shall] collect a fee for processing the payment.  The collector
1-28     shall set the fee in an amount that is reasonably related to the
1-29     expense incurred by the collector or taxing unit in processing the
1-30     payment by credit card, not to exceed five percent of the amount of
1-31     taxes and any penalties or interest being paid.  The fee is in
1-32     addition to the amount of taxes, penalties, or interest.
1-33           SECTION 3.  This Act takes effect immediately if it receives
1-34     a vote of two-thirds of all the members elected to each house, as
1-35     provided by Section 39, Article III, Texas Constitution.  If this
1-36     Act does not receive the vote necessary for immediate effect, this
1-37     Act takes effect September 1, 2001.
1-38                                  * * * * *