SECTION 60.82. Dishonored Payment Fee

(a) This section applies to any authorized form or method of payment that is issued to the department by an applicant, a license holder, or other person for payment of any required fees or administrative penalties and that is dishonored.

(1) An authorized form or method of payment may include, but is not limited to, a check, credit card, item, paper or electronic payment, electronic funds transfer, or other payment instrument.

(2) A dishonored payment means a payment that is declined or not approved for payment upon presentment to a financial institution.

(b) If a payment issued to the department is dishonored, the department shall charge a processing fee of $30 to the person who submitted the dishonored payment. This processing fee is in addition to the amount of the original payment submitted to the department that was dishonored.

(c) The department will notify the applicant, license holder, or other person by certified mail that the payment has been dishonored. The applicant, license holder, or other person must pay the required processing fee and the amount of the original payment submitted to the department within 15 days after receipt of notice of the dishonored payment.

(d) If the applicant, license holder, or other person does not pay the processing fee and the amount of the original payment submitted to the department within the required time period, it is a violation of this chapter. The applicant or license holder is subject to administrative enforcement proceedings, including license denial or revocation, and collections proceedings. Other persons are subject to collections proceedings.

Source Note: The provisions of this §60.82 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective August 15, 2014, 39 TexReg 5746; amended to be effective June 1, 2023, 48 TexReg 2694