2005 Texas Local Government Code CHAPTER 132. PAYMENT OF FEES AND OTHER COSTS BY CREDIT CARD OR ELECTRONIC MEANS IN MUNICIPALITIES AND COUNTIES

LOCAL GOVERNMENT CODE

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


	§ 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, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1997, 75th Leg., ch. 148, § 5, eff. Sept. 1, 1997.


	§ 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.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1997, 75th Leg., ch. 148, § 6, eff. Sept. 1, 1997;  Acts 
2001, 77th Leg., ch. 569, § 1, eff. June 11, 2001.


	§ 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, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1997, 75th Leg., ch. 148, § 7, eff. Sept. 1, 1997;  Acts 
2001, 77th Leg., ch. 126, § 1, eff. May 15, 2001.


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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, § 1, eff. Sept. 1, 1987.                    


	§ 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, § 1, eff. May 11, 2001.  
Amended by Acts 2003, 78th Leg., ch. 1304, § 1, eff. Sept. 1, 
2003.