| 1 | 1 | | 81R6706 EAH-F |
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| 2 | 2 | | By: Gallego H.B. No. 2061 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the acceptance of electronic check and credit card |
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| 8 | 8 | | payments for certain fees and taxes by a county tax |
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| 9 | 9 | | assessor-collector. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 130.002, Local Government Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 130.002. ACCEPTANCE OF CHECK OR CREDIT CARD PAYMENT OF |
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| 14 | 14 | | CERTAIN FEES AND TAXES. A county tax assessor-collector shall |
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| 15 | 15 | | [may] accept a check or credit card invoice for the payment of: |
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| 16 | 16 | | (1) motor vehicle registration fees under Chapter 502, |
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| 17 | 17 | | Transportation Code; |
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| 18 | 18 | | (2) motor vehicle sales taxes imposed by Chapter 152, |
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| 19 | 19 | | Tax Code; |
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| 20 | 20 | | (3) occupation taxes paid to the assessor-collector |
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| 21 | 21 | | under Chapter 191, Tax Code; |
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| 22 | 22 | | (4) motor vehicle title transfer fees under Chapter |
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| 23 | 23 | | 501, Transportation Code; |
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| 24 | 24 | | (5) license or permit fees under the Alcoholic |
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| 25 | 25 | | Beverage Code; and |
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| 26 | 26 | | (6) property taxes. |
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| 27 | 27 | | SECTION 2. Sections 130.0045 and 130.0046, Local Government |
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| 28 | 28 | | Code, are amended to read as follows: |
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| 29 | 29 | | Sec. 130.0045. CREDIT CARD PAYMENT PROCESSING FEE. (a) A |
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| 30 | 30 | | [If a] county tax assessor-collector [accepts a credit card invoice |
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| 31 | 31 | | as conditional payment of a fee or tax, the assessor-collector] may |
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| 32 | 32 | | collect a fee for processing a credit card [the] invoice accepted as |
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| 33 | 33 | | a conditional payment of a fee or tax. |
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| 34 | 34 | | (b) The assessor-collector may [shall] set a fee collected |
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| 35 | 35 | | under Subsection (a) in an amount that is reasonably related to the |
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| 36 | 36 | | expense incurred in processing the credit card invoice, not to |
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| 37 | 37 | | exceed three [five] percent of the amount of the fee or tax. The |
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| 38 | 38 | | processing fee is in addition to the amount of the fee or tax, and |
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| 39 | 39 | | may be paid conditionally by including the amount of the processing |
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| 40 | 40 | | fee on the credit card invoice. |
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| 41 | 41 | | Sec. 130.0046. [FEE FOR] PAYMENT BY ELECTRONIC MEANS. A |
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| 42 | 42 | | county tax assessor-collector shall accept [that accepts] payment |
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| 43 | 43 | | by electronic means as conditional payment of a county or state fee |
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| 44 | 44 | | or tax [may collect a handling fee for processing the payment. The |
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| 45 | 45 | | handling fee is in addition to the amount of the fee or tax and may |
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| 46 | 46 | | be paid conditionally by electronic means at the same time the tax |
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| 47 | 47 | | or fee is paid]. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2009. |
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