Tex. Code Crim. Proc. art. 102.007 · Subchapter A. COSTS; REIMBURSEMENT FEES; FINES
REIMBURSEMENT FEE FOR COLLECTING AND PROCESSING CHECK OR SIMILAR SIGHT ORDER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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, 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, Penal Code;
(B) Section 31.04, Penal Code; or
(C) Section 32.41, Penal Code; or
(2) has been forged, as defined by Section 32.21, 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, 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, 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.
Notes and commentary — not statutory text
History
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1, 1985. Subsec. (e) amended by and Subsec. (f) added by Acts 1991, 72nd Leg., ch. 396, Sec. 2, eff. Sept. 1, 1991; Subsec. (c) amended by Acts 1997, 75th Leg., ch. 256, Sec. 1, eff. Sept. 1, 1997; amended by Acts 1999, 76th Leg., ch. 49, Sec. 1, eff. Sept. 1, 1999; Subsec. (e) amended by Acts 2001, 77th Leg., ch. 1420, Sec. 2.001(b), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 976 (S.B. 548), Sec. 3, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 128 (S.B. 821), Sec. 8, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.27, eff. January 1, 2020.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.102.htm
- Text hash
- sha256 a39149187cab278d42ec50af9e7f78182b7d35ddb62f21ca05040a2b90c69eee
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business & Commerce Code
Penal Code
- Tex. Penal Code § 1.07DEFINITIONS.Printed as Section 1.07, Penal Code
- Tex. Penal Code § 31.03THEFT.Printed as Section 31.03, Penal Code
- Tex. Penal Code § 31.04THEFT OF SERVICE.Printed as Section 31.04, Penal Code
- Tex. Penal Code § 32.21FORGERY.Printed as Section 32.21, Penal Code
- Tex. Penal Code § 32.41ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER.Printed as Section 32.41, Penal Code
Cited by 3 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 102.007. Each shows the citation as that text prints it.
Business & Commerce Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.