Tex.
Code of Crim. Proc. Article 102.007
Reimbursement Fee for Collecting and Processing Check or Similar Sight Order
(a)
A county attorney, district attorney, or criminal district attorney may collect a reimbursement fee if the attorney’s office collects and processes a check or similar sight order, as defined by Section 1.07 (Definitions), Penal Code, and the check or similar sight order:(1)
has been issued or passed in a manner that makes the issuance or passing an offense under:(A)
Section 31.03 (Theft), Penal Code;(B)
Section 31.04 (Theft of Service), Penal Code; or(C)
Section 32.41 (Issuance of Bad Check or Similar Sight Order), Penal Code; or(2)
has been forged, as defined by Section 32.21 (Forgery), Penal Code.(b)
The county attorney, district attorney, or criminal district attorney may collect the reimbursement fee from any person who is a party to the offense described in Subsection (a).(c)
The amount of the reimbursement fee may not exceed:(1)
$10 if the face amount of the check or sight order does not exceed $10;(2)
$15 if the face amount of the check or sight order is greater than $10 but does not exceed $100;(3)
$30 if the face amount of the check or sight order is greater than $100 but does not exceed $300;(4)
$50 if the face amount of the check or sight order is greater than $300 but does not exceed $500; and(5)
$75 if the face amount of the check or sight order is greater than $500.(d)
If the person from whom the reimbursement fee is collected was a party to the offense of forgery, as defined by Section 32.21 (Forgery), Penal Code, committed by altering the face amount of the check or sight order, the face amount as altered governs for the purposes of determining the amount of the fee.(e)
In addition to the reimbursement fee specified in Subsection (c), the county attorney, district attorney, or criminal district attorney may collect the fee authorized by Section 3.506 (Processing Fee by Holder of Payment Device), Business & Commerce Code, for the benefit of the holder of a check or similar sight order or the holder’s assignee, agent, representative, or any other person retained by the holder to seek collection of the check or order.(f)
Reimbursement fees collected under Subsection (c) shall be deposited in the county treasury in a special fund to be administered by the county attorney, district attorney, or criminal district attorney. Expenditures from this fund shall be at the sole discretion of the attorney and may be used only to defray the salaries and expenses of the prosecutor’s office, but in no event may the county attorney, district attorney, or criminal district attorney supplement his or her own salary from this fund.(g)
In addition to the reimbursement fee specified in Subsections (b) and (c), the issuer of a check or similar sight order that has been issued or passed as described by Subsection (a)(1) is liable for a reimbursement fee in an amount equal to the costs of delivering notification by registered or certified mail with return receipt requested. The reimbursement fee under this subsection must be collected in all cases described by Subsection (a)(1), and on receipt of proof of the actual costs expended, the fee shall be remitted to the holder of the check or similar sight order.
Source:
Article 102.007 — Reimbursement Fee for Collecting and Processing Check or Similar Sight Order, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.102.htm#102.007 (accessed Apr. 13, 2024).
