SRC-JEC C.S.H.B. 249 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 249
78R785 MI-FBy: Goolsby (Madla)
Intergovernmental Relations
5/21/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Most county officers are currently allowed to set and collect a fee of $15
to $30 for a returned check, but a county clerk can only charge $15 to
$25.  C.S.H.B. 249 authorizes a county clerk to set and collect a fee up
to $30 for a returned check.  The bill also authorizes any holder of a
dishonored check to charge the drawer or endorser a processing fee of not
more than $30, rather than $25. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3.506(a), Business & Commerce Code, to
authorize a holder, holder's assignee, agent, or representative, or any
other person retained by the holder to seek collection of the face value
of a dishonored check, on return of a check to the holder following
dishonor of the check, to charge the drawer or endorser a reasonable
processing fee of not more than $30, rather than $25. 

SECTION 2.  Amends Section 118.011(b), Local Government Code, to authorize
a county clerk to set and collect a returned check fee of not less than
$15 or more than $30, rather than $25. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 2003.