Processing fee by holder of dishonored check

Art. 9022. Processing fee by holder of dishonored check

The holder of a check may charge the drawer of endorser a reasonable processing fee, which shall not exceed $30.00.  A person may not charge a processing fee to a drawer or endorser if the fee has been collected.  If a processing fee has been collected and the holder subsequently receives a fee, the holder shall immediately refund the fee previously collected from the drawer or endorser.  Provided that on return of a dishonored check given in payment under the agreement, the holder may charge the obligor under the agreement the processing fee authorized by the Act, and the fee may be added to the unpaid balance owed under the agreement, except that interest may not be charged on the fee.

Art. 102.007.  Fee for Collecting and Processing Sight Order

A District Attorney, county attorney, or criminal district attorney may collect a fee if his/her office collects and processes a check of similar sight order if the check or similar sight order:

(a)     has been issued or passed in a manner that make the issuance of passing an offense under:

(1)   Section 31.03, Penal Code;

(2)   Section 31.04, Penal Code; or

(3)   Section 32.41, Penal Code; or

(4)    Has been forged, as defined by Section 32.21, Penal Code.

The county attorney, district attorney, or criminal district attorney may collect the fee from any person who is a party to the offense described in Subsection (1).

The amount of the 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.

        (5) $75 of the face amount of the check or sight order is greater than $500.