Texas Local Government Code - Section 132.003. Processing Or Handling Fee
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Texas Lawyer > Local Government Code > Texas Local Government Code - Section 132.003. Processing Or Handling Fee
§ 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.
Section: 131.004 131.005 131.901 131.902 131.903 132.001 132.002 132.003 132.004 132.005 132.006 132.007 133.001 133.002 133.003
Last modified: August 10, 2007
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