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                                                                  H.B. No. 1935




AN ACT
relating to the acceptance of credit cards by a water district for the payment of fees and charges imposed by the district. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter H, Chapter 49, Water Code, is amended by adding Section 49.2121 to read as follows: Sec. 49.2121. ACCEPTANCE OF CREDIT CARDS. (a) In this section, "credit card" means a card, plate, or similar device authorizing a designated person or bearer to obtain goods, services, money, or any other thing of value on credit. (b) A district may: (1) accept a credit card for the payment of any fees and charges imposed by the district; (2) collect a fee, not to exceed five percent of the amount of the fee or charge being paid, that is reasonably related to the expense incurred by the district in processing the payment by credit card; and (3) collect a service charge for the expense incurred by the district in collecting the original fee or charge if the payment by credit card is not honored by the credit card company on which the funds are drawn. (c) The service charge under Subsection (b)(3) may not exceed the amount charged for the collection of a check drawn on an account with insufficient funds. (d) The district may not collect the service charge under Subsection (b)(3) if: (1) the district is notified at the time of payment that the payment is not honored; and (2) the customer immediately submits to the district an alternative form of payment. SECTION 2. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1935 was passed by the House on April 22, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 1935 was passed by the Senate on May 17, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor