| (a) Definitions. Words and terms used in this section that are defined in the Health and Safety Code, §712.001, have the same meanings as defined therein. The following words and terms, when used in this section, shall have the following meanings, unless the text clearly indicates otherwise. (1) Act--Health and Safety Code, Chapter 712, as amended. (2) Examination--The process of evaluating the books and records of a corporation relating to its fund or portion thereof pertaining to each perpetual care cemetery operated by the corporation in this state, either by field examination or internal banking department review in lieu of or in addition to field examination. (3) Fiscal year--The 12-month period from September 1st to August 31st of the next succeeding calendar year. (b) Filing fees. The filing fees set forth in this subsection are either specifically set out in the Act or have been
set in accordance with the Act to reasonably approximate the agency's cost of administering the Act with respect to each particular filing. (1) Notice fee. Pursuant to the Act, §712.0031, each corporation required to file notice of intent to operate a perpetual care cemetery with the banking department shall submit with such notice a fee of $500 for each perpetual care cemetery located in this state. (2) Annual statement fee. A corporation shall pay an annual $500 fee in connection with the filing of each annual statement of funds required under the Act. (3) Time of payment. Except as otherwise provided in this section, all fees are nonrefundable and due at the time the related documentary filing is made. Failure to timely pay fees or costs under this section constitutes grounds for enforcement action by the department under the Act. (c) Examination fees. The banking department shall assess and
collect nonrefundable examination fees in accordance with this subsection. Except as otherwise provided in this section, any assessed fee or an installment payment as part of a fee is due at the time of billing. The banking department shall annually assess each corporation an examination fee for one examination of its fund or each portion thereof pertaining to a single perpetual care cemetery operated by the corporation in this state, not to exceed $5,500 in a fiscal year for each perpetual care cemetery, at a rate of not more than $0.0026 per dollar of the aggregate of required deposits to the fund, excluding capital gains, capital losses, and any voluntary contributions, from inception of the fund to the date of the most recent examination report or annual statement as determined pursuant to the Act, §712.028, and reflected in the examination report or annual statement. The banking department may levy this fee in quarterly or fewer installments in such periodically adjusted
amounts as reasonably appear necessary to defray the costs of examination and the administration of the Act. If the examination fee as computed in this subsection is less than $100, a minimum examination fee of $100 shall be levied and collected. If additional examinations of a fund or a portion thereof pertaining to a single perpetual care cemetery are required in the same fiscal year as a result of the corporation's failure to comply with the Act or this chapter with respect to such fund or portion thereof or as a result of its failure to comply with departmental requests in furtherance of the banking department's regulatory responsibilities under the Act or this chapter, an additional fee of $500 per day, plus examiner travel costs, will be assessed against the corporation for each examiner assigned to an additional examination. (d) Reduction of fees. Upon a showing of substantial hardship by an affected corporation, the commissioner may in the exercise
of discretion reduce or waive the annual fee imposed by subsection (b)(2) of this section or any examination fee installment imposed by subsection (c) of this section. An application for reduced fee shall be made in writing no later than 15 days after the due date for such fee, specifically describing the anticipated financial hardship, and any approved reduction or waiver of fees shall not be deemed to be a continuing reduction or waiver with respect to future fees. In the event a corporation that operates only one perpetual care cemetery in this state and has less than $25,000 in assets in its fund applies for a reduced fee on or before the due date for such fee, the application for reduction may be submitted in lieu of the fee, provided that the corporation submits the fee determined by the commissioner to be due within 15 days after receipt of the commissioner's determination. Any other corporation that applies for a reduced fee shall pay the fee when due subject to possible
reduction and rebate of the fee. (e) Severability. If any fee in this section or the manner of its calculation is determined to be unlawful or in excess of the authority of the department to adopt and impose, the remainder of this section shall be unaffected, and other fees specified herein shall continue to be due and collected.
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| Source Note: The provisions of this §26.1 adopted to be effective March 7, 1994, 19 TexReg 1213; amended to be effective August 18, 1994, 19 TexReg 6092; amended to be effective April 2, 1996, 21 TexReg 2359; amended to be effective August 28, 1997, 22 TexReg 8039.
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