Loading...
09 Credit Card Acceptance§ 131.005 LOCAL GOVERNMENT CODE § 131,005. State Funds (a) The comptroller shall determine the amount of state hinds held by a county depository that suspends business or is taken charge of by a state or federal bank regulatory agency. The comptroller may: (1) contract with a special depository selected by the county authorities as provided by this subchap- ter for the custody and payment of those funds; and (2) approve a bond for the deposit contract. (b) State funds placed in a special depository as pro~4ded by Subsection (a) shall bear the average rate of interest received by tbc state on state funds placed Mth regularly selected state depositories. (c) The comptroller may proceed with available le- gal remedios against a suspended bank that is a dcposito~w fi)r state funds if the comptroller consklers that action to be in the best interest of the public. Added bv Acts 1993, 73rd Leg., ch. 268, § 35, eft. Sept. 1, 1993. A~nended by Acts 1999, 76th Leg., ch. 344, § 5.011, eft. Sept. 1, 1999. [Sections 131.006 to 131.900 rese~wed for expansion] SUBCHAPTER Z. MISCELLANEOUS pi.'OVISIONS § 131.901. Oat-of-State Depository Prohibited (a) The governing body of a political subdMsion, including a county, municipality, school district, or other district, may not designate a financial institution located outside the state as a depository for funds under the governing body's jurisdiction. An out-of- state financial institution is not considered to be locat- ed outside tids stale to thc extent the governing body deslgnales a branch office of sech institution that is located in this state. (b) An institution selected as a pa~ng agent or trastee for specific bonds or obligations or an institu- tion selected by tbe govarning body to provide safe- keeping setwices is not considered a depository for purposes of this section. Acts 19S7, 70th Leg., ch. 149. § 1, eft. Sept. 1, 1987. Amend- ed by Acts 1993, 73rd Leg., ch. 234, § 3, elf. Sept. 1, 1993; Acts 1999, 76th Leg., eh. 344, § 5.012, elf. Sept. 1, 1999. § 131.902. Pnrsuit of Legal Remedies Against Suspended Bank A county, municipality, or district authority may proceed ,~Sth available legal remedies against a sus- ponded bank that is a depository for public funds of 208 the authority ff the authority considem that action to be in the best interest of the public. Acts 1987, 70th Leg., ch. 149, § 1, eft. Sept. 1, 1987. § 131.903. Conflict of Interest (a) A bank is not disqualified from serving as a depository for funds of a political subdivision if: (1) an officer or employee of the political subdivi- sion who does not have the duty to select the political su[a'livlslon's depository is an officer, di- rector, or shareholder of the bank; or (2) one or more officers or employees of the political subdivision who have the duty' to select the political subdivision's depositow are officers m' di- reetors of the bank or o~xm or have a beneficial interest, individually or collectively, in 10 percent or less of the outstanding capital stock of thc bank, if: (A) a majotqty of the meinbers of the imm'd, commission, or other body of the political sul)dM- siou vote to select the bank as a depository; and (B) the interested officer or employee does not vote or take part in the proceedings. (b) This section may ,lot be construed as changSng or snperseding a conflicting provision in the charter of a home-role municipality. Added by Acts 1993, 73rd Leg., ch. 268, § 36. eft. Sept. 1, 1993. CI1APTER 132. PAYMENT OF FEES AND OTH- ER COSTS BY CREDIT CARD OR ELEC- TRONIC MEANS IN MUNICIPA[ATIES AND COUNTIES Section 132.001. 132.002. 132.003. 132.004. 132.005. 132.006. Definitions. Payment at' Fees or Cost~ by Ct~,dit ('m'd or Electronic Means. Processing or Handling Fee. Smwice Charge. Encumbrance of Credit Cards; Fee, Disposition of Fees and Charges. Acts 1997, 75th Leg., ch. 14& § 4, cff Sept. 1, 1997 amended the chapter headb~g § 132.001. Definitions In this chapter: (1) "Credit card" means a cat~l, plate, or simltar device used to make purchases on credit oc to bo~'ow money. (2)" ment b pa.mne~ Acts 1987. ed by Act § 132.092 (a) Th, of a re,' connnissi precinct ~ lng the p (b) Th, thorize ; (1) ~ (2) * credit , (c) Ti~ ty or pr state to: to collect paymenl (d) A, Acts 19:~7 ed by § 132.00. (a) Th fee in a, expense that ext, (b) TI the pro~ related official i lng fee i FINANCES § 132.006 (2) "Payment by electronic means" means pay- ment by telephone or computer but does not include payment in person or by mail. Acts 19S7, 7(Irl~ Leg., ch. 149, § 1, cfr. Sept. l, 1987. Amend- ed by Acts 1997. 75th Leg., ch. 14~q, § 5, elf. Sept. L 1997. § 132.002. Paymen/[ of Fees or Costs by Credit Card or Electronic Means (al Thp commissione~ court of a county may autho- ~ze a cotmty or precinct officer who collects fees, fines, com't cost& or other charges on behalf of the ~unty or the state to accept payment by credit card of a fcc, finp, court cos~% or other charge. The c0mmissi-mq's eoul't may also authorize a county or (b) The governing body of a municipality may thorizc ;t imlnicipal official who erfllcck~ li~es, filleS, (1) acucpt payment hy credit card of a fee, fine, (2) c.lh,ct a fee fin' processing the payment by to collect and retain a handling fee for processing the pa~ent IV' elccWonic means. I 132.093. Processing or Handling Fee (al The c.mmissioners cou~ shah set a processing fee in an anumnt that is reasonably related to tbe expense them'red hy thc courtW or precinct officer processing the pa>qnent by credit card. However, the that exceeds five percent of the amount of the fee, Court cost, or oth~ charge being paid. (b) Thc governing body of a municipality shall set the processing fee in an mnount that is reasonably related W the expense incnn'ed by the municipal official in processing the pa~ent by credit card. HOwever, the governing body may not set the process- ing fee in an amount that exceeds five percent of the amount of the fee, fine, court cost, ur 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 fiat rate that does not exceed $5 for each payment transaction; or (2) at a rate that is reasonably related to the cxpense incun'ed 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 chm'ge being pakh Acts lfl~7, 70th Leg., ch. 149, § 1. cfi. Sept. 1, 19,~7. Amcud- § 132.004. Sclwice Charge If, for lilly i'(!asoIi, a payment by credit card is not honored by the credit card company on which the funds are drawn, the county or mnnicipality nmy collect a service charge from the pm-son who owes the fee, fine, colu~t cost, or othm' charge. The selwice charge is in sddition to the m-ikdnal lk~e, fine, court cost, or other charge and is fl~r thp collection of lhat original amount. The amount of the smwice charge is the same amount as the fee chm'ged fro' the collection of a check drawn on an accmmt with inmffficient funds. Acts 1987, 70th Leg., ch. 149, § 1, ell Sept. 1, 19~7. § 132.005. Encumbrance of Credit Cards; Fee A county or manicipality may contract x~th a com- pany that issues credit cards to collect and seize credit cards issued by the company that are outdated or othem~ise unauthorized. The emmty or municipality may charge the company a fee for the return of the credit pards. Acts 1987, 70th Leg., ch. 149, § 1, eft. Sept. 1, 1987. § 132.006. Disposition of Fees and Charges (al The county or precinct officer collecting a fee or charge under thk~ chapter shall deposit the fee or charge in the general fund of the count,,/. (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, eft. Sept. 1, 1957. [Chapters 133 to 139 reserved for expansion] 209 'i MEMO May 22, 2001 TO: FROM: SUBJECT: Gene Anderson Larry 5chenk Credit Card Payrnent~ of City Utility Bill~ Gene - regarding your inquiry on your pilot project for taking credit card payments, and your question concerning fees the City may charge for processing such payments, I direct your attention to the attached Chapter 132 of the Local Government Code. I believe this will answer all of your issues regarding that question. ~dith regard to your question about Visa having a policy against passing the fee cost on to the customer, I again direct your attention to Chapter 132. My suggestion would be that we advise Visa as to our statutory authority to assess such fees, and if their position is unchanged, we simply do not accept Visa cards. Perhaps we could have a little handout to explain to the customer that because of statutory authority to assess a processing fee (which arguably would also be mandated by our bond covenants to not give away water revenues), we cannot accept Visa card. I hope this adequately responds to your inquiry; if you have any additional questions, please do not hesitate to contact me. LYX,'S/ap Attachment cc: Mike Malone