reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter A. Payment of Fees and Taxes by Check, Credit Card, or Electronic Means › Section 130.005. Liability of Assessor-Collector and Bondsman

Sec. 130.005.  LIABILITY OF ASSESSOR-COLLECTOR AND BONDSMAN.  Except as provided by Section 130.008, a county tax assessor-collector and the assessor-collector's bondsman are not liable for the amount of any fee or tax for which the assessor-collector has accepted a check that is not honored by the drawee bank or credit card invoice that is not honored by the credit card issuer if the assessor-collector complied with the requirements of Section 130.004 and if the assessor-collector did not know or should not reasonably have known that the check was not properly drawn, that the credit card payment was not properly made, or that the check or credit card invoice would not be honored.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(3), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 737, Sec. 3, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter A. Payment of Fees and Taxes by Check, Credit Card, or Electronic Means › Section 130.006. Procedures for Collection of Dishonored Checks and Invoices

Sec. 130.006.  PROCEDURES FOR COLLECTION OF DISHONORED CHECKS AND INVOICES.  (a)  A county tax assessor-collector may establish procedures for the collection of dishonored checks and credit card invoices.  The procedures may include:
(1)  official notification to the maker that the check or invoice has not been honored and that the receipt, registration, certificate, or other instrument issued on the receipt of the check or invoice is not valid until payment of the fee or tax is made;
(2)  notification of the sheriff or other law enforcement officers that a check or credit card invoice has not been honored and that the receipt, registration, certificate, or other instrument held by the maker is not valid;
(3)  notification to the Texas Department of Motor Vehicles, the comptroller of public accounts, or the Department of Public Safety that the receipt, registration, certificate, or other instrument held by the maker is not valid; and
(4)  referral of a dishonored check or credit card invoice to a private collection agency.
(b)  If the county tax assessor-collector refers a dishonored check or credit card invoice to a private collection agency under Subsection (a)(4), the private collection agency may charge a fee to the person responsible for the check or invoice in an amount equal to any amount authorized for a returned check under Section 118.011.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(3), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 737, Sec. 3, eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 165, Sec. 22(46), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3H.01, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 2 (S.B. 492), Sec. 1, eff. May 4, 2017.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter A. Payment of Fees and Taxes by Check, Credit Card, or Electronic Means › Section 130.007. Remission to State Not Required; State Assistance in Collection

Sec. 130.007.  REMISSION TO STATE NOT REQUIRED; STATE ASSISTANCE IN COLLECTION.  (a)  If a fee or tax is required to be remitted to the comptroller or the Texas Department of Motor Vehicles and if payment was made to the county tax assessor-collector by a check that was not honored by the drawee bank or by a credit card invoice that was not honored by the credit card issuer, the amount of the fee or tax is not required to be remitted, but the assessor-collector shall notify the appropriate department of:
(1)  the amount of the fee or tax;
(2)  the type of fee or tax involved; and
(3)  the name and address of the maker.
(b)  The Texas Department of Motor Vehicles and the comptroller shall assist the county tax assessor-collector in collecting the fee or tax and may cancel or revoke any receipt, registration, certificate, or other instrument issued in the name of the state conditioned on the payment of the fee or tax.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(3), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 737, Sec. 3, eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 165, Sec. 22(46), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3H.02, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter A. Payment of Fees and Taxes by Check, Credit Card, or Electronic Means › Section 130.008. Liability of Tax Collector for Violations of Subchapter

Sec. 130.008.  LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF SUBCHAPTER.  If the comptroller or the Texas Department of Motor Vehicles determines that the county tax assessor-collector has accepted payment for fees and taxes to be remitted to that department in violation of Section 130.004 or that more than two percent of the fees and taxes to be received from the assessor-collector are not remitted because of the acceptance of checks that are not honored by the drawee bank or of credit card invoices that are not honored by the credit card issuer, the department may notify the assessor-collector that the assessor-collector may not accept a check or credit card invoice for the payment of any fee or tax to be remitted to that department.  A county tax assessor-collector who accepts a check or credit card invoice for the payment of a fee or tax, after notice that the assessor-collector may not receive a check or credit card invoice for the payment of fees or taxes to be remitted to a department, is liable to the state for the amount of the check or credit card invoice accepted.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(3), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 737, Sec. 3, eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 165, Sec. 22(46), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3H.03, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter A. Payment of Fees and Taxes by Check, Credit Card, or Electronic Means › Section 130.009. State Rules

Sec. 130.009.  STATE RULES.  The comptroller and the Texas Department of Motor Vehicles may make rules concerning the acceptance of checks or credit card invoices by a county tax assessor-collector and for the collection of dishonored checks or credit card invoices.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(3), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 737, Sec. 3, eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 165, Sec. 22(46), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3H.04, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter Z. Other Miscellaneous Provisions › Section 130.901. Sale of Rights to Judgment Proceeds

Sec. 130.901.  SALE OF RIGHTS TO JUDGMENT PROCEEDS.  (a)  The commissioners court of a county may sell the rights of the county to any judgment proceeds belonging to the county if the principal and sureties on the judgment are insolvent so that under any existing process of law the judgment cannot be collected, either in whole or in part.  The court may advertise the sale to the extent that it considers necessary and in the best interest of the county.
(b)  If the amount bid for the rights to the judgment proceeds at the public sale is not considered sufficient, the commissioners court shall refuse to accept the bid and shall dispose of the rights in the manner considered most advantageous to the county's interest.
(c)  If the court sells the rights to the judgment proceeds, the court shall properly assign the rights to the purchaser.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 130.001 by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(1), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter Z. Other Miscellaneous Provisions › Section 130.902. Change Fund in Counties

Sec. 130.902.  CHANGE FUND IN COUNTIES.  (a)  The commissioners court of a county may set aside from the general fund of the county an amount approved by the county auditor for use as a change fund by any county or district official who collects public funds.  The fund may be used only to make change in connection with collections that are due and payable to the county, the state, or another political subdivision of the state that are often made by the official.
(b)  The bond of that official who receives such a change fund must cover the official's responsibility for the correct accounting and disposition of the change fund.
(c)  A change fund may not be used to make loans or advances or to cash checks or orders for payment of any kind.
(d)  On the recommendation of the county auditor, the commissioners court may increase or decrease the change fund at any time.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 130.002 by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(1), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 727, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 28, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter Z. Other Miscellaneous Provisions › Section 130.904. Sheriff's Petty Cash Fund

Sec. 130.904.  SHERIFF'S PETTY CASH FUND.  (a)  The commissioners court of a county may establish a petty cash fund for the sheriff's department in an amount set by the commissioners court.  The court shall appropriate the amount from the general fund of the county.
(b)  Unless otherwise authorized by a resolution of the commissioners court, the petty cash fund may be used only to advance funds to an officer or employee of the sheriff's department who is required to travel outside the county to conduct an investigation or to obtain custody of a prisoner.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 130.004 by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(1), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 578, Sec. 4, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 597, Sec. 88, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 123, Sec. 1, eff. May 11, 1993.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter Z. Other Miscellaneous Provisions › Section 130.905. Petty Cash Fund for County Welfare Department in Populous County

Sec. 130.905.  PETTY CASH FUND FOR COUNTY WELFARE DEPARTMENT IN POPULOUS COUNTY.  (a)  The commissioners court of a county with a population of 1.3 million or more, for the support of paupers through a county welfare department, may authorize the disbursement of an amount not to exceed $2,500 to the head of the county welfare department for use as a petty cash fund in order that cash is immediately available for transportation and other expenses of the paupers.  The petty cash fund must be established under a system provided and installed by the county auditor with reports to be made to the auditor, as the auditor may require, by the head of the county welfare department.
(b)  In making payments to support the paupers that the county is required to support, the commissioners court, with the concurrence of the county auditor, may make one payment to the head of the county welfare department.  The head of the county welfare department may disburse the money to the paupers on orders for payment designed by the county auditor.  The orders are subject to audit by the county auditor at any time.  The disbursements must be reported on forms and at times prescribed by the auditor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 130.005 by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(1), eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 55, 56, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 29, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter Z. Other Miscellaneous Provisions › Section 130.906. National Forest Receipts Allocated for School Districts and Roads

Sec. 130.906.  NATIONAL FOREST RECEIPTS ALLOCATED FOR SCHOOL DISTRICTS AND ROADS.  The commissioners court of a county in which a national forest is located and that receives funds from the federal government under 16 U.S.C. Section 500 shall allocate 50 percent of the funds to the school districts of the county in proportion to the area encompassed by each district and shall either allocate the remaining 50 percent for the benefit of the public roads in the county or transfer that amount to the school districts.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 130.006 by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(1), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter Z. Other Miscellaneous Provisions › Section 130.907. Aid to State and Federal Agencies in County With Population of 22,050 to 23,000

Sec. 130.907.  AID TO STATE AND FEDERAL AGENCIES IN COUNTY WITH POPULATION OF 22,050 TO 23,000.  In each county with a population of 22,050 to 23,000, the commissioners court may provide financial aid and facilities, as the court considers necessary, to a state or federal governmental agency or bureau that conducts activities or maintains projects within the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 130.007 by Acts 1989, 71st Leg., ch. 1, Sec. 23(a)(1), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter Z. Other Miscellaneous Provisions › Section 130.908. Approval of Spending by Certain County and Precinct Officers

Sec. 130.908.  APPROVAL OF SPENDING BY CERTAIN COUNTY AND PRECINCT OFFICERS.  If an incumbent county or precinct officer is not renominated or is not reelected to the county or precinct office of a county, during the time following the date the results of the official canvass of the primary or election returns are announced, the commissioners court must approve any expenditure by the incumbent county or precinct officer who was not renominated or reelected that is over an amount set by the commissioners court.
Added by Acts 1991, 72nd Leg., ch. 793, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 2003, 78th Leg., ch. 592, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter Z. Other Miscellaneous Provisions › Section 130.909. Petty Cash Funds for Certain Officials

Sec. 130.909.  PETTY CASH FUNDS FOR CERTAIN OFFICIALS.  (a)  The commissioners court of a county may set aside from the general fund of the county, for the establishment of a petty cash fund for any county or district official or department head approved by the commissioners court, an amount approved by:
(1)  the county auditor, for a county with a population of 3.3 million or more; or
(2)  the commissioners court, for a county with a population of less than 3.3 million.
(a-1)  The petty cash fund must be established under a system provided and installed by the county auditor and, in a county with a population of 3.3 million or more, the county purchasing agent.  Reports relating to the petty cash fund must be made to the auditor and, if applicable, the purchasing agent as the auditor or purchasing agent requires.
(a-2)  Falsifying documents or reports relating to the petty cash fund is an offense according to Section 32.21 or 37.10, Penal Code.
(b)  The bond of that county or district official or department head who receives such a petty cash fund must cover the official's responsibility for the correct accounting and disposition of the petty cash fund.
(c)  The petty cash fund may not be used to make loans or advances or to cash checks or orders for payment of any kind.
(d)  On the recommendation of the county auditor, the commissioners court may increase or decrease the petty cash fund at any time.
Added by Acts 1995, 74th Leg., ch. 60, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 57, 58, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 830 (S.B. 829), Sec. 1, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 830 (S.B. 829), Sec. 2, eff. June 17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 30, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter Z. Other Miscellaneous Provisions › Section 130.910. Aid to Disaster Victims

Sec. 130.910.  AID TO DISASTER VICTIMS.  (a)  Subject to Subsection (b), the commissioners court of a county may provide money from the general fund of the county to individual residents of the county who are adversely affected by a disaster for which the county judge declared a local state of disaster under Section 418.108, Government Code.
(b)  A county may not provide assistance to an individual under this section until the commissioners court of the county:
(1)  has implemented policies and procedures to ensure that money granted under this section is used for the public purpose of providing disaster relief for emergency food, shelter, transportation, or other items or services necessary for public health and safety; and
(2)  has determined that financial assistance from other sources, including this state and the federal government, is unavailable or inadequate.
Added by Acts 2009, 81st Leg., R.S., Ch. 784 (S.B. 1112), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter Z. Other Miscellaneous Provisions › Section 130.912. Rural Constable's Office Salary Assistance Grant Program

Sec. 130.912.  RURAL CONSTABLE'S OFFICE SALARY ASSISTANCE GRANT PROGRAM.  (a)  In this section:
(1)  "Grant" means a grant authorized to be awarded by the comptroller under the rural constable's office salary assistance grant program established by this section.
(2)  "Qualified constable" means a constable elected to an office created on or before January 1, 2023, who primarily makes motor vehicle stops in the routine performance of the constable's duties.
(3)  "Qualified county" means a county with a population of 300,000 or less.
(b)  The comptroller shall establish and administer the rural constable's office salary assistance grant program to support the state purpose of ensuring professional law enforcement throughout the state by providing financial assistance to constable's offices in qualified counties.
(c)  Not later than the 30th day after the first day of a qualified county's fiscal year, the county may submit an application for a grant to the comptroller.  A county may submit only one application each fiscal year.
(d)  The comptroller shall award a grant to a qualified county that applies for the grant using money appropriated to the comptroller for that purpose.  The comptroller may only award a grant to a county if the county agrees in writing to contribute at least 75 percent of the money required to meet the minimum annual salary requirement established under Subsection (e) for each qualified constable for which the county will also use grant money to provide that salary.
(e)  Subject to Subsection (d), a county that is awarded a grant shall use or authorize the use of the grant money only to provide a minimum annual salary of $45,000 to a qualified constable.
(f)  A county may not reduce the amount of funds provided to the constable's office because of grant funds provided under this section.
(g)  The comptroller shall adopt rules necessary to implement this section, including rules that establish:
(1)  a standardized application process, including the form to be used to apply for a grant and the manner of submitting the form;
(2)  deadlines for:
(A)  applying for the grant;
(B)  disbursement of grant money; and
(C)  spending grant money;
(3)  procedures for:
(A)  monitoring the disbursement of grant money to ensure compliance with this section; and
(B)  the return of grant money that was not used by a county for a purpose authorized by this section; and
(4)  standards to determine if a constable is a qualified constable.
Added by Acts 2023, 88th Leg., R.S., Ch. 370 (S.B. 22), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle B - County Finances › Chapter 130 - Miscellaneous Financial Provisions Affecting Counties › Subchapter Z. Other Miscellaneous Provisions › Section 130.913. Rural Prosecutor's Office Salary Assistance Grant Program

Sec. 130.913.  RURAL PROSECUTOR'S OFFICE SALARY ASSISTANCE GRANT PROGRAM.  (a)  In this section:
(1)  "Grant" means a grant authorized to be awarded by the comptroller under the rural prosecutor's office salary assistance grant program established by this section.
(2)  "Qualified prosecutor's office" means, in a jurisdiction with a population of 300,000 or less, the office of a district attorney, criminal district attorney, or county attorney with criminal prosecution duties.
(b)  The comptroller shall establish and administer the rural prosecutor's office salary assistance grant program to support the state purpose of ensuring professional legal representation of the people's interests throughout the state by providing financial assistance to qualified prosecutor's offices.
(c)  Not later than the 30th day after the first day of a qualified prosecutor's office's fiscal year, the prosecutor's office may submit an application for a grant to the comptroller.  A prosecutor's office may submit only one application each fiscal year.
(d)  The comptroller shall award a grant to a qualified prosecutor's office that applies for the grant using money appropriated to the comptroller for that purpose.  The grant must be in the following applicable amount:
(1)  $100,000 if the prosecutor's office's jurisdiction has a population of less than 10,000;
(2)  $175,000 if the prosecutor's office's jurisdiction has a population of 10,000 or more and less than 50,000; or
(3)  $275,000 if the prosecutor's office's jurisdiction has a population of 50,000 or more and 300,000 or less.
(e)  A prosecutor's office that is awarded a grant shall use or authorize the use of the grant money only:
(1)  to increase the salary of an assistant attorney, an investigator, or a victim assistance coordinator employed at the office; or
(2)  to hire additional staff for the office.
(f)  A county may not reduce the amount of funds provided to a prosecutor's office because of grant funds provided under this section.
(g)  The comptroller shall adopt rules necessary to implement this section, including rules that establish:
(1)  a standardized application process, including the form to be used to apply for a grant and the manner of submitting the form;
(2)  deadlines for:
(A)  applying for the grant;
(B)  disbursement of grant money; and
(C)  spending grant money; and
(3)  procedures for:
(A)  monitoring the disbursement of grant money to ensure compliance with this section; and
(B)  the return of grant money that was not used by a qualified prosecutor's office for a purpose authorized by this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 370 (S.B. 22), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 131 - Depository Provisions Affecting Funds of Municipalities, Counties, and Other Local Governments › Subchapter A. Special Depository › Section 131.001. Special Depository Authorized

Sec. 131.001.  SPECIAL DEPOSITORY AUTHORIZED.  If a financial institution that is a depository under state law for the public funds of a county, municipality, or district suspends business or is taken charge of by a state or federal bank regulatory agency, the local government authority authorized to select the original depository may select by contract a special depository for the public funds in the suspended financial institution.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 5.010, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 131 - Depository Provisions Affecting Funds of Municipalities, Counties, and Other Local Governments › Subchapter A. Special Depository › Section 131.002. Duties of Special Depository

Sec. 131.002.  DUTIES OF SPECIAL DEPOSITORY.  The special depository shall assume the payment of the amount of public funds due by the suspended bank on the date of its suspension, including interest to that date, and shall pay that amount to the designated local government authority in accordance with the contract entered into by the special depository.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 131 - Depository Provisions Affecting Funds of Municipalities, Counties, and Other Local Governments › Subchapter A. Special Depository › Section 131.003. Special Depository Contract

Sec. 131.003.  SPECIAL DEPOSITORY CONTRACT.  (a)  The contract must require the payment of the deposit in installments as agreed to by the parties.  The last installment must be paid not later than three years from the date of the contract.
(b)  The parties may contract for the installments or the amount due to be evidenced by negotiable certificates of deposit or cashier's checks, payable at specified dates.
(c)  The contract must set the rate of interest applicable to the funds placed in the special depository under this subchapter unless the parties agree that the funds are not to bear interest.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 131 - Depository Provisions Affecting Funds of Municipalities, Counties, and Other Local Governments › Subchapter A. Special Depository › Section 131.004. Bond

Sec. 131.004.  BOND.  (a)  To secure the performance of a special depository contract, the special depository shall execute a bond, or bonds in the case of installments, with the same character of sureties required for regular depository bonds.
(b)  The local government authority authorized by law to approve a bond of a regularly selected depository must approve a bond of a special depository.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 131 - Depository Provisions Affecting Funds of Municipalities, Counties, and Other Local Governments › Subchapter A. Special Depository › Section 131.005. State Funds

Sec. 131.005.  STATE FUNDS.  (a)  The comptroller shall determine the amount of state funds 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 subchapter 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 provided by Subsection (a) shall bear the average rate of interest received by the state on state funds placed with regularly selected state depositories.
(c)  The comptroller may proceed with available legal remedies against a suspended bank that is a depository for state funds if the comptroller considers that action to be in the best interest of the public.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 5.011, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 131 - Depository Provisions Affecting Funds of Municipalities, Counties, and Other Local Governments › Subchapter Z. Miscellaneous Provisions › Section 131.901. Out-of-State Depository Prohibited

Sec. 131.901.  OUT-OF-STATE DEPOSITORY PROHIBITED.  (a)  The governing body of a political subdivision, 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 located outside this state to the extent the governing body designates a branch office of such institution that is located in this state.
(b)  An institution selected as a paying agent or trustee for specific bonds or obligations or an institution selected by the governing body to provide safekeeping services is not considered a depository for purposes of this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 234, Sec. 3, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 344, Sec. 5.012, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 131 - Depository Provisions Affecting Funds of Municipalities, Counties, and Other Local Governments › Subchapter Z. Miscellaneous Provisions › Section 131.902. Pursuit of Legal Remedies Against Suspended Bank

Sec. 131.902.  PURSUIT OF LEGAL REMEDIES AGAINST SUSPENDED BANK.  A county, municipality, or district authority may proceed with available legal remedies against a suspended bank that is a depository for public funds of the authority if the authority considers that action to be in the best interest of the public.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 131 - Depository Provisions Affecting Funds of Municipalities, Counties, and Other Local Governments › Subchapter Z. Miscellaneous Provisions › Section 131.903. Conflict of Interest

Sec. 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 subdivision who does not have the duty to select the political subdivision's depository is an officer, director, 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 depository are officers or directors of the bank or own or have a beneficial interest, individually or collectively, in 10 percent or less of the outstanding capital stock of the bank, if:
(A)  a majority of the members of the board, commission, or other body of the political subdivision 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 not be construed as changing or superseding a conflicting provision in the charter of a home-rule municipality.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 36, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 132 - Payment of Fees and Other Costs by Credit Card or Electronic Means in Municipalities and Counties › Section 132.001. Definitions

Sec. 132.001.  DEFINITIONS.  In this chapter:
(1)  "Credit card" means a card, 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, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 148, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 132 - Payment of Fees and Other Costs by Credit Card or Electronic Means in Municipalities and Counties › Section 132.002. Payment of Fees or Costs by Credit Card or Electronic Means

Sec. 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, the electronic processing of checks, or other 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 reimbursement fee for processing the payment by credit card, the electronic processing of checks, or other electronic means.
(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 reimbursement fee for processing the payment by credit card.
(c)  The governing body of a municipality may authorize the acceptance of payment by credit card without requiring collection of a reimbursement fee.
(d)  The commissioners court 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 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 reimbursement fee for processing the payment by electronic means.
(e)  A commissioners court may authorize the acceptance of payment by credit card or by electronic means without requiring collection of a reimbursement fee.
(f)  The director of a community supervision and corrections department, with the approval of the judges described by Section 76.002, Government Code, may authorize a community supervision official who collects fees, fines, court costs, and other charges to:
(1)  accept payment by debit card or credit card of a fee, fine, court cost, or other charge; and
(2)  collect a reimbursement fee for processing the payment by debit card or credit card.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 148, Sec. 6, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 569, Sec. 1, eff. June 11, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1205 (H.B. 1678), Sec. 9, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1022 (H.B. 2717), Sec. 4, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 17, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 12.002, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.52, eff. January 1, 2020.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 132 - Payment of Fees and Other Costs by Credit Card or Electronic Means in Municipalities and Counties › Section 132.003. Reimbursement Fee for Processing Certain Payments

Sec. 132.003.  REIMBURSEMENT FEE FOR PROCESSING CERTAIN PAYMENTS.  (a)  The commissioners court shall set a reimbursement 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 fee authorized by this subsection 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 reimbursement 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 fee authorized by this subsection 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 reimbursement fee for processing a payment by electronic means under Section 132.002(d), the reimbursement 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 reimbursement 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 a reimbursement fee in 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 reimbursement fee under that subsection does not apply to a reimbursement fee collected under this subsection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 148, Sec. 7, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 126, Sec. 1, eff. May 15, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.53, eff. January 1, 2020.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 132 - Payment of Fees and Other Costs by Credit Card or Electronic Means in Municipalities and Counties › Section 132.004. Service Charge

Sec. 132.004.  SERVICE CHARGE.  If, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn, the county or municipality may collect a service charge 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 charge and is for the collection of that original amount.  The amount of the service charge 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, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 132 - Payment of Fees and Other Costs by Credit Card or Electronic Means in Municipalities and Counties › Section 132.005. Encumbrance of Credit Cards; Fee

Sec. 132.005.  ENCUMBRANCE OF CREDIT CARDS;  FEE.  A county or municipality may contract with a company that issues credit cards to collect and seize credit cards issued by the company that are outdated or otherwise unauthorized.  The county or municipality may charge the company a fee for the return of the credit cards.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 132 - Payment of Fees and Other Costs by Credit Card or Electronic Means in Municipalities and Counties › Section 132.006. Disposition of Fees and Charges

Sec. 132.006.  DISPOSITION OF FEES AND CHARGES.  (a)  The county or precinct officer collecting a fee or charge under this chapter shall deposit the fee or charge in the general fund of the county.
(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, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 132 - Payment of Fees and Other Costs by Credit Card or Electronic Means in Municipalities and Counties › Section 132.007. Information, Services, and Payment Through the Internet

Sec. 132.007.  INFORMATION, SERVICES, AND PAYMENT THROUGH THE INTERNET.  (a)  A county or municipality may provide through the Internet:
(1)  access to information;
(2)  collection of payments for taxes, fines, fees, court costs, or other charges;  or
(3)  other county and municipal services authorized by law.
(b)  A county or municipality may charge a reasonable fee for providing access, collecting payments, or providing services authorized by this section.
(c)  A county or municipality that provides access to information or provides services through the Internet under Subsection (a)(1) or (3):
(1)  may only charge a fee for the access or service if the fee is designed to recover the costs directly and reasonably incurred in providing the access or service;  and
(2)  may charge the fee only if the governing body of the county or municipality determines that providing access to the information or providing the service through the Internet would not be feasible without the imposition of the charge.
(d)  A county or municipality may contract with a vendor to provide access, collect payments, or provide services authorized by Subsection (a).  A vendor must promptly submit to the county or municipality all payments collected on behalf of the county or municipality under this section.  The county or municipality must approve any fee charged by a vendor under a contract authorized by this subsection.
Added by Acts 2001, 77th Leg., ch. 94, Sec. 1, eff. May 11, 2001.  Amended by Acts 2003, 78th Leg., ch. 1304, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 133 - Criminal and Civil Fees Payable to the Comptroller › Subchapter A. General Provisions › Section 133.001. Purpose

Sec. 133.001.  PURPOSE.  The purpose of this chapter is to consolidate and standardize:
(1)  collection of fees payable to the comptroller in criminal and civil matters by:
(A)  an officer of a court for deposit in a county or municipal treasury; or
(B)  an officer of a county or municipality for deposit in the county or municipal treasury, as appropriate;
(2)  remittance of those fees to the comptroller as required by this chapter and other law; and
(3)  distribution of those fees by the comptroller to the proper accounts and funds in the state treasury.
Added by Acts 2003, 78th Leg., ch. 209, Sec. 62(a), eff. Jan. 1, 2004.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 1.01, eff. January 1, 2020.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 133 - Criminal and Civil Fees Payable to the Comptroller › Subchapter A. General Provisions › Section 133.002. Definitions

Sec. 133.002.  DEFINITIONS.  In this chapter:
(1)  "Fee" means:
(A)  a criminal fee listed under Section 133.003;  and
(B)  a civil fee listed under Section 133.004.
(2)  "Indigent" means an individual who earns not more than 125 percent of the income standard established by applicable federal poverty guidelines.
(3)  "Treasurer" means the custodian of money in a municipal or county treasury, as appropriate.
Added by Acts 2003, 78th Leg., ch. 209, Sec. 62(a), eff. Jan. 1, 2004.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 133 - Criminal and Civil Fees Payable to the Comptroller › Subchapter A. General Provisions › Section 133.003. Criminal Fees

Sec. 133.003.  CRIMINAL FEES.  This chapter applies to the following criminal fees:
(1)  the consolidated fee imposed under Section 133.102;
(2)   fees for services of peace officers employed by the state imposed under Article 102.011, Code of Criminal Procedure, and forwarded to the comptroller as provided by Section 133.104 of this code; and
(3)  fines on conviction imposed under Section 621.506(g), Transportation Code.
Added by Acts 2003, 78th Leg., ch. 209, Sec. 62(a), eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1360 (S.B. 1704), Sec. 7, eff. September 1, 2005.
Acts 2005, 79th Leg., 2nd C.S., Ch. 3 (H.B. 11), Sec. 10, eff. December 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1014 (H.B. 1267), Sec. 5, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 1.02, eff. January 1, 2020.
2023 Texas Statutes › Local Government Code › Title 4 - Finances › Subtitle C - Financial Provisions Applying to More Than One Type of Local Government › Chapter 133 - Criminal and Civil Fees Payable to the Comptroller › Subchapter A. General Provisions › Section 133.004. Civil Fees

Sec. 133.004.  CIVIL FEES.  This chapter applies to the following civil fees:
(1)  the consolidated fee imposed under Section 133.151;
(2)  fees collected under Section 118.015;
(3)  marriage license fees for the family trust fund collected under Section 118.018; and
(4)  marriage license or declaration of informal marriage fees for the child abuse and neglect prevention trust fund account collected under Section 118.022.
Added by Acts 2003, 78th Leg., ch. 209, Sec. 62(a), eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 3 (H.B. 11), Sec. 11, eff. December 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 718 (H.B. 2359), Sec. 6, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1027 (H.B. 1623), Sec. 13, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1149 (S.B. 1119), Sec. 4, eff. September 1, 2007.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 372 (H.B. 1631), Sec. 5, eff. June 2, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 1.01, eff. January 1, 2022.