Tex.
Bus. & Com. Code Section 3.507
Delivery Notification Fee by Holder of Check or Similar Sight Order
(a)
On return of a check or similar sight order, as defined by Section 1.07 (Definitions), Penal Code, to the holder following dishonor of the check or sight order by a payor and prior to the check or sight order being referred for prosecution, the holder, the holder’s assignee, agent, or representative, or any other person retained by the holder to seek collection of the dishonored check or sight order may charge the drawer or indorser of the check or sight order the cost of delivery notification by registered or certified mail with return receipt requested under Section 31.06 (Presumption for Theft by Check or Similar Sight Order) or Section 32.41 (Issuance of Bad Check or Similar Sight Order), Penal Code, as applicable.(b)
A person may not charge a delivery notification fee to a drawer or indorser under this section if the fee has been collected under Article 102.007 (Reimbursement Fee for Collecting and Processing Check or Similar Sight Order)(g), Code of Criminal Procedure. If a delivery notification fee has been collected under this section and the holder subsequently receives a fee collected under Article 102.007 (Reimbursement Fee for Collecting and Processing Check or Similar Sight Order)(g), Code of Criminal Procedure, the holder shall immediately refund the fee previously collected from the drawer or indorser.(c)
This section does not affect any right or remedy to which the holder of a check or similar sight order may be entitled under any rule, written contract, judicial decision, or other statute, including Section 3.506 (Processing Fee by Holder of Payment Device).
Source:
Section 3.507 — Delivery Notification Fee by Holder of Check or Similar Sight Order, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.3.htm#3.507 (accessed Jun. 5, 2024).
