78R2037 DWS-F

By:  Pitts                                                        H.B. No. 247



A BILL TO BE ENTITLED

AN ACT

relating to collection of a check processing fee on behalf of a 
holder of a dishonored check.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 102.007(e), Code of Criminal Procedure, 
is amended to read as follows:
	(e)  In addition to the collection fee specified in 
Subsection (c) of this article, the county attorney, district 
attorney, or criminal district attorney shall [may] collect the fee 
authorized by Section 3.506, Business & Commerce Code, for the 
benefit of the holder of a check or its assignee, agent, 
representative, or any other person retained by the holder to seek 
collection of the check.
	SECTION 2.  Article 102.0071, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 102.0071.  JUSTICE COURT DISHONORED CHECK.  On 
conviction in justice court of an offense under Section 32.41, 
Penal Code, or an offense under Section 31.03 or 31.04, Penal Code, 
in which it is shown that the defendant committed the offense by 
issuing or passing a check that was subsequently dishonored, the 
court shall [may] collect from the defendant and pay to the holder 
of the check the fee permitted by Section 3.506, Business & Commerce 
Code.
	SECTION 3.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For the purposes of this section, an offense is committed 
before the effective date of this Act if any element of the offense 
occurs before that date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.