Legislation

Legislation

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AN ACT

BE IT ENACTED BY THE 75th LEGISLATURE OF THE STATE OF TEXAS:

Section 1. Subchapter E, Chapter 116, Local Government Code, is amended by adding Section 116.120 to read as follows:

Sec. 116.120. COLLECTION OF CERTAIN OVERDUE COUNTY WARRANTS OR CHECKS

(a.) This section applies only to a warrant or check issued by a County Treasurer in settlement of a claim against a County that has not been presented for payment.

(b.) A person attempting to recover funds from the County for a check or warrant issued by the County Treasurer may not charge the person to whom the check or warrant was issued and on whose behalf the attempted recovery is made, or that persons successors or assigns, a fee in an amount equal to more than 10 percent of the face value of the check or warrant.

(c.) A County Treasurer may collect a reasonable research fee to determine if a claim submitted under this section is valid. The Treasurer may include the costs of inquiries to depository banks, research of accounting records, and other similar actions in setting the fee. A County Treasurer may require the fee to be paid before a claim may be process or researched under this section.

Added by Acts 1997, 75th Leg., ch. 142, Sec. 1, eff. Sept. 1, 1997.