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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of fees and other costs by credit card, |
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debit card or electronic means in municipalities and counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 132.001, LOCAL GOVERNMENT CODE, is |
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hereby amended to read as follows: |
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Sec. 132.001. DEFINITIONS. In this chapter: |
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(1) "Credit card" means a card, plate, or similar |
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device used to make purchases on credit or to borrow money. |
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(2) "Debit card" means a card, plate or similar device |
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that provides the holder electronic access to the holder's bank |
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account(s) at a financial institution. |
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(3) "Payment by electronic means" means payment by |
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telephone or computer but does not include payment in person or by |
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mail. |
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SECTION 2. Section 132.002, LOCAL GOVERNMENT CODE, is |
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hereby amended to read as follows: |
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Sec. 132.002. PAYMENT OF FEES OR COSTS BY CREDIT CARD, DEBIT |
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CARD OR ELECTRONIC MEANS. (a) The commissioners court of a county |
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may authorize a county or precinct officer who collects fees, |
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fines, court costs, or other charges on behalf of the county or the |
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state to accept payment by credit card or debit card of a fee, fine, |
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court costs, or other charge. The commissioners court may also |
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authorize a county or precinct officer to collect and retain a fee |
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for processing the payment by credit card or debit card. |
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(b) The governing body of a municipality may authorize a |
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municipal official who collects fees, fines, court costs, or other |
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charges to: |
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(1) accept payment by credit card or debit card of a |
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fee, fine, court cost, or other charge; and |
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(2) collect and retain a fee for processing the |
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payment by credit card or debit card. |
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(c) The governing body of a municipality may authorize the |
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acceptance of payment by credit card or debit card without |
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requiring collection of a fee. |
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(d) The commissioners court may authorize a county or |
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precinct officer who collects fees, fines, court costs, or other |
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charges on behalf of the county or the state to accept payment by |
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electronic means of a fee, fine, court costs, or other charge. The |
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commissioners court may also authorize a county or precinct officer |
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to collect and retain a handling fee for processing the payment by |
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electronic means. |
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(e) A commissioners court may authorize the acceptance of |
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payment by credit card, debit card or by electronic means without |
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requiring collection of a fee. |
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(f) The director of a community supervision and corrections |
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department, with the approval of the judges described by Section |
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76.002, Government Code, may authorize a community supervision |
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official who collects fees, fines, court costs, and other charges |
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to: |
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(1) accept payment by debit card or credit card or |
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electronic means of a fee, fine, court cost, or other charge; and |
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(2) collect a fee for processing the payment by debit |
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card or credit card or electronic means. |
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SECTION 3. Section 132.003, LOCAL GOVERNMENT CODE, is |
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hereby amended to read as follows: |
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Sec. 132.003. PROCESSING OR HANDLING FEE. (a) The |
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commissioners court shall set a processing fee in an amount that is |
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reasonably related to the expense incurred by the county or |
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precinct officer in processing the payment by credit card, debit |
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card or electronic means. However, the court may not set the |
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processing fee in an amount that exceeds five percent of the amount |
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of the fee, court cost, or other charge being paid. |
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(b) The governing body of a municipality shall set the |
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processing fee in an amount that is reasonably related to the |
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expense incurred by the municipal official in processing the |
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payment by credit card, debit card or electronic means. However, |
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the governing body may not set the processing fee in an amount that |
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exceeds five percent of the amount of the fee, fine, court cost, or |
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other charge being paid. |
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(c) If the commissioners court authorizes collection of a |
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handling fee under Section 132.002(d), the fee shall be set: |
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(1) at a flat rate that does not exceed $5 for each |
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payment transaction; or |
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(2) at a rate that is reasonably related to the expense |
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incurred by the county or precinct officer in processing a payment |
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by electronic means and that does not exceed five percent of the |
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amount of the fee, court cost, or other charge being paid. |
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(d) In addition to the fee set under Subsection (a), the |
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commissioners court of a county may authorize a county or precinct |
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officer to collect on behalf of the county from a person making |
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payment by credit card, debit card or electronic means an amount |
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equal to the amount of any transaction fee charged to the county by |
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a vendor providing services in connection with payments made by |
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credit card, debit card or electronic means. The limitation |
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prescribed by Subsection (a) on the amount of a fee does not apply |
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to a fee collected under this subsection. |
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(e) In addition to the fee set under Subsection (b), the |
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governing body of a municipality may authorize a municipal official |
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to collect on behalf of the municipality from a person making |
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payment by credit card, debit card or electronic means an amount |
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equal to the amount of any transaction fee charged to the |
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municipality by a vendor providing services in connection with |
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payments made by credit card, debit card or electronic means. The |
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limitation prescribed by Subsection (b) on the amount of a fee does |
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not apply to a fee collected under this subsection. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |