SECTION 95.106. Methods of Payment

Filing fees and fees for public records services may be paid by the following methods.

(1) Cash. Payment in cash shall be accepted if paid in person at the filing office.

(2) Checks. Personal checks, cashier's checks and money orders made payable to the filing office shall be accepted for payment provided that the drawer (or the issuer in the case of a cashier's check or money order) is deemed creditworthy by the filing office in its discretion. Checks may be made payable in an amount to be filled in by the filing office if the filing office is clearly authorized to fill in the amount. All checks must be drawn on a U.S. bank.

(3) Electronic funds transfer. The filing office may accept payment via electronic funds transfer under National Automated Clearing House Association ("NACHA") rules from Remitters who have entered into appropriate NACHA-approved arrangements for such transfers and who authorize the relevant transfer pursuant to such arrangements and rules.

(4) Prepaid account. A Remitter may open an account for prepayment of fees. The filing officer shall issue an account number to be used by a Remitter who chooses to pay filing fees by this method. The filing officer shall deduct filing fees from the Remitter's prepaid account when authorized to do so by the Remitter. The Remitter may authorize transactions against the prepaid account by use of the Remitter's SOSDirect account, by written authorization, facsimile, and by telephone authorization.

(5) Credit cards. The filing office shall accept payment by credit cards issued by approved credit card issuers. Approved credit card issuers are: American Express, Discover, MasterCard, or Visa or other valid and current credit cards 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. Remitters shall provide the filing officer with the card number, the expiration date of the card, the name of the card issuer, the name of the person or entity to whom the card was issued and the billing address for the card. Payment will not be deemed tendered until the issuer or its agent has confirmed payment. Fees paid by credit card are subject to a statutorily authorized convenience fee of the total fees incurred, when applicable. The convenience fee is assessed per credit card transaction.

(6) LegalEase. The filing office accepts payment via LegalEase from Remitters who have entered into appropriate LegalEase arrangements for such transfers and who authorize the relevant transfer pursuant to such arrangements.

Source Note: The provisions of this §95.106 adopted to be effective July 1, 2012, 37 TexReg 4571; amended to be effective January 9, 2014, 39 TexReg 73