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-^ COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Jannett Pieper
MEETING DATE: March 11, 2002
OFFICE: County Clerk
TIME PREFERRED: AM
SUBJECT: (Please Be Specific)
Consider and discuss a handling fee for processing payments by credit cazds as
per Chapter 132 of the Local Government Code.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING COURT: Jannett Pieper
ESTIMATED LENGTH OF PRESENTATION: 5 minutes
.-,
li PERSONNEL MATTER -NAME OF EMPLOYEE
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting schedule for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
Q
All Agenda Requests will be screened by the County Judge's Offrce to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation
will be appreciated and contribute towards your request being addressed at the earliest opportunity. See
Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722.
CHAPTER 132. PAYMENT OF FEES AND OTHER COSTS BY CREDIT CARD OR
„_ ELECTRONIC MEANS 1N MiTNICIPALITIESRND COUNI7ES
§ 132.001. Definitions
In this chapter:
(1) "Credit card" means a cazd, 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.
_~j (c) The commissioners court may authorize a county or precinct officer who collects fees, fines, court
costs, or other chazges 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.
(d) 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.
§ 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 ma not the processing fee in an amount that exceeds five percent of the amount of the fee,
court cost, or other chazge 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, wart 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 chazge being paid.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 148, § 7,
eff. Sept. 1, 1947.
§ 132.004. Service Charge
If, for any reason, a payment by credit card is nat honored by the credit card company on which the
funds aze drawn, the county or municipality may collect a service chazge 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 chazge and is for the collection of that original amount. The amount of the service chazge 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 wanly or municipality may contract with a company that issues credit cards to collect and seize
credit cards issued by the tympany that aze outdated or otherwise unauthorized. The wunty or
municipality may charge the tympany 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 wanly or precinct officer wllecting a fee or charge under this chapter shall deposit the fee or
chazge in the general fund of the wunty.
(b) The municipal official wilecfing a fee or chazge 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.