| (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.
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