CHAPTER 132. PAYMENT OF FEES AND OTHER COSTS BY CREDIT CARD OR ELECTRONIC MEANS IN MUNICIPALITIES AND COUNTIES - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 4. FINANCES

SUBTITLE C. FINANCIAL PROVISIONS APPLYING TO MORE THAN ONE TYPE

OF LOCAL GOVERNMENT

CHAPTER 132. PAYMENT OF FEES AND OTHER COSTS BY CREDIT CARD OR

ELECTRONIC MEANS IN MUNICIPALITIES AND COUNTIES

Sec. 132.001. DEFINITIONS. In this chapter:

(1) "Credit card" means a card, plate, or similar device used to

make purchases on credit or to borrow money.

(2) "Payment by electronic means" means payment by telephone or

computer but does not include payment in person or by mail.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 148, Sec. 5, eff. Sept. 1,

1997.

Sec. 132.002. PAYMENT OF FEES OR COSTS BY CREDIT CARD OR

ELECTRONIC MEANS. (a) The commissioners court of a county may

authorize a county or precinct officer who collects fees, fines,

court costs, or other charges on behalf of the county or the

state to accept payment by credit card of a fee, fine, court

costs, or other charge. The commissioners court may also

authorize a county or precinct officer to collect and retain a

fee for processing the payment by credit card.

(b) The governing body of a municipality may authorize a

municipal official who collects fees, fines, court costs, or

other charges to:

(1) accept payment by credit card of a fee, fine, court cost, or

other charge; and

(2) collect a fee for processing the payment by credit card.

(c) The governing body of a municipality may authorize the

acceptance of payment by credit card without requiring collection

of a fee.

(d) The commissioners court may authorize a county or precinct

officer who collects fees, fines, court costs, or other charges

on behalf of the county or the state to accept payment by

electronic means of a fee, fine, court costs, or other charge.

The commissioners court may also authorize a county or precinct

officer to collect and retain a handling fee for processing the

payment by electronic means.

(e) A commissioners court may authorize the acceptance of

payment by credit card or by electronic means without requiring

collection of a fee.

(f) The director of a community supervision and corrections

department, with the approval of the judges described by Section

76.002, Government Code, may authorize a community supervision

official who collects fees, fines, court costs, and other charges

to:

(1) accept payment by debit card or credit card of a fee, fine,

court cost, or other charge; and

(2) collect a fee for processing the payment by debit card or

credit card.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 148, Sec. 6, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 569, Sec. 1, eff. June 11, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1205, Sec. 9, eff. September 1, 2007.

Sec. 132.003. PROCESSING OR HANDLING FEE. (a) The

commissioners court shall set a processing fee in an amount that

is reasonably related to the expense incurred by the county or

precinct officer in processing the payment by credit card.

However, the court may not set the processing fee in an amount

that exceeds five percent of the amount of the fee, court cost,

or other charge being paid.

(b) The governing body of a municipality shall set the

processing fee in an amount that is reasonably related to the

expense incurred by the municipal official in processing the

payment by credit card. However, the governing body may not set

the processing fee in an amount that exceeds five percent of the

amount of the fee, fine, court cost, or other charge being paid.

(c) If the commissioners court authorizes collection of a

handling fee under Section 132.002(c), the fee shall be set:

(1) at a flat rate that does not exceed $5 for each payment

transaction; or

(2) at a rate that is reasonably related to the expense incurred

by the county or precinct officer in processing a payment by

electronic means and that does not exceed five percent of the

amount of the fee, court cost, or other charge being paid.

(d) In addition to the fee set under Subsection (a), the

commissioners court of a county may authorize a county or

precinct officer to collect on behalf of the county from a person

making payment by credit card an amount equal to the amount of

any transaction fee charged to the county by a vendor providing

services in connection with payments made by credit card. The

limitation prescribed by Subsection (a) on the amount of a fee

does not apply to a fee collected under this subsection.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 148, Sec. 7, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 126, Sec. 1, eff. May 15, 2001.

Sec. 132.004. SERVICE CHARGE. If, for any reason, a payment by

credit card is not honored by the credit card company on which

the funds are drawn, the county or municipality may collect a

service charge from the person who owes the fee, fine, court

cost, or other charge. The service charge is in addition to the

original fee, fine, court cost, or other charge and is for the

collection of that original amount. The amount of the service

charge is the same amount as the fee charged for the collection

of a check drawn on an account with insufficient funds.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 132.005. ENCUMBRANCE OF CREDIT CARDS; FEE. A county or

municipality may contract with a company that issues credit cards

to collect and seize credit cards issued by the company that are

outdated or otherwise unauthorized. The county or municipality

may charge the company a fee for the return of the credit cards.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 132.006. DISPOSITION OF FEES AND CHARGES. (a) The county

or precinct officer collecting a fee or charge under this chapter

shall deposit the fee or charge in the general fund of the

county.

(b) The municipal official collecting a fee or charge under this

chapter shall deposit the fee or charge in the general fund of

the municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 132.007. INFORMATION, SERVICES, AND PAYMENT THROUGH THE

INTERNET. (a) A county or municipality may provide through the

Internet:

(1) access to information;

(2) collection of payments for taxes, fines, fees, court costs,

or other charges; or

(3) other county and municipal services authorized by law.

(b) A county or municipality may charge a reasonable fee for

providing access, collecting payments, or providing services

authorized by this section.

(c) A county or municipality that provides access to information

or provides services through the Internet under Subsection (a)(1)

or (3):

(1) may only charge a fee for the access or service if the fee

is designed to recover the costs directly and reasonably incurred

in providing the access or service; and

(2) may charge the fee only if the governing body of the county

or municipality determines that providing access to the

information or providing the service through the Internet would

not be feasible without the imposition of the charge.

(d) A county or municipality may contract with a vendor to

provide access, collect payments, or provide services authorized

by Subsection (a). A vendor must promptly submit to the county or

municipality all payments collected on behalf of the county or

municipality under this section. The county or municipality must

approve any fee charged by a vendor under a contract authorized

by this subsection.

Added by Acts 2001, 77th Leg., ch. 94, Sec. 1, eff. May 11, 2001.

Amended by Acts 2003, 78th Leg., ch. 1304, Sec. 1, eff. Sept. 1,

2003.