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 * * * * *