Current through Reg. 49, No. 12; March 22, 2024
(a)
Authority. As permitted by Texas Civil Statutes, Article 6447n, the Commission
authorizes payment of regulatory fees, fines, penalties, and charges for goods
and services by means of an electronic payment method or a credit card issued
by a financial institution chartered by a state or the United States or issued
by a nationally recognized credit organization approved by the Commission.
Payment by an authorized method may be made in person, by telephone, or through
the Internet. A person who makes a payment to the Commission by means of an
electronic payment method or credit card shall pay a convenience fee in an
amount reasonable and necessary to reimburse the Commission for the costs
involved in processing the payment.
(b) Definitions. The following words and
terms, when used in this subchapter, shall have the following meanings, unless
the context clearly indicates otherwise.
(1)
Commission--The Railroad Commission of Texas.
(2) Convenience fees--An additional charge by
the Commission collected from the payer to cover the cost of credit card
merchant fees, Internet transactions, and/or other charges associated with
non-cash payments.
(3) Electronic
payment--Non-cash payment made to the Commission over the Internet or
otherwise.
(4) Electronic
processing--The required use of an electronic processing system owned by
financial institution chartered by a state or the United States or issued by a
nationally recognized credit organization approved by the Commission to make a
payment to the Commission.
(5)
Merchant fees--Charges by a third party to the Commission for the electronic
processing of non-cash payments, which can include both flat fees and charges
based on a percentage of the total payment amount.
(6) Non-cash payments--The use of credit
cards, debit cards, charge cards, or other payment methods offered by a
financial institution chartered by a state or the United States or issued by a
nationally recognized credit organization approved by the Commission.
(7) Payments--Regulatory fees, fines,
penalties, and charges for goods and services paid to the Commission.
(8) Payer--Any entity making a payment to the
Commission.
(9) Refunds--Payments
returned by the Commission to the payer.
(10) Transaction fees--Charges incurred by
the Commission to cover the cost of processing debit card, credit card,
Internet, and other non-cash transactions. These include the charges incurred
by the Commission for Texas Online Internet payment processing
services.
(c)
Explanation of how the Commission charges convenience fees.
(1) General. The Commission will assess
convenience fees on a per-transaction basis in an amount that will cover the
cost of the transaction fee paid by the Commission for electronic payment
processing services, including but not limited to the transaction cost incurred
by the Commission through the use of Texas Online Internet payment services.
Payers shall pay convenience fees when they make payment to the Commission
using any payment method that requires electronic processing. The Commission
will refund convenience fees using the same electronic processing system used
to make the payment.
(2) Examples.
The fact situations in subparagraphs (A) through (C) of this paragraph
illustrate the Commission's interpretation and application of Texas Civil
Statutes, Article 6447n, and demonstrate how the Commission will calculate the
amount of any convenience fee that may be due. The fact situations in
subparagraphs (A) through (C) of this paragraph are illustrative only.
(A) Customer #1 pays for a drilling permit
application over the Internet using a credit card or a debit card through the
Texas Online payment portal services. Customer #1 also pays a convenience fee
that includes merchant fees and a $2.00 per transaction charge for using Texas
Online Internet processing services.
(B) Customer #2 pays for a drilling permit
application in person using a credit card or a debit card. Customer #2 also
pays a convenience fee that includes merchant fees only.
(C) Customer #3 pays for a drilling permit
application by writing a check. Customer # 3 pays no convenience
fees.