SECTION 71.14. Credit Card Payment Option

(a) Fees payable to the Office of the Secretary of State may be paid with a valid and current American Express, Discover, MasterCard, or VISA or such other credit card specified in the contract then existing between the Office of the Secretary of State, the Comptroller of Public Accounts, and the relevant financial institution.

(b) Unless provided otherwise, fees payable to the Office of the Secretary of State may also be paid through an automated clearinghouse (ACH) debit system account established by an agreement executed between the debit system account applicant and the financial institution under contract to the Office of the Secretary of State and the Comptroller of Public Accounts.

(c) As authorized by §405.031 of the Government Code, the Office of the Secretary of State requires users of the credit card payment option via the Internet, facsimile, or telephone to pay the relevant statutory fee or fees plus a convenience fee. The amount to be collected "per credit card transaction" processed via the Internet or by telephone in connection with this payment option is currently set at 2.7% of the total fees incurred. For purposes of this rule, "per credit card transaction" processed via the Internet, facsimile or by telephone shall be defined as simultaneous payment of one or more fees using an American Express, Discover, MasterCard, or VISA or other valid and current credit/debit card designated by the contract(s) then existing between the Office of the Secretary of State, the Comptroller of Public Accounts, and the relevant financial institution. The Office of the Secretary of State shall deposit all fees, including all convenience fees collected under this payment option, in the Texas State treasury.

(d) To utilize this payment option for documents filed with the secretary of state in person or by mail, the document sender must either submit a completed credit card payment form available from the secretary of state or provide the following information in written form:

(1) the name of the credit card being used (American Express, Discover, MasterCard, or VISA or such other card as may be referred to in the contract between the Office of the Secretary of State, the Comptroller of Public Accounts, and the relevant financial institution);

(2) the account number of the credit card;

(3) the expiration date of the credit card;

(4) the signature of the card holder; and

(5) the sum of all fees to be charged.

(e) If a credit card payment is dishonored when presented by the state for payment, the secretary of state shall treat the document submitted for filing in the same manner as if no filing fee had been presented. The secretary of state will then be entitled to take all appropriate action authorized by law.

Source Note: The provisions of this §71.14 adopted to be effective October 20, 2004, 29 TexReg 9671; amended to be effective October 9, 2005, 30 TexReg 6425; amended to be effective October 20, 2011, 36 TexReg 6939