(a) Definitions.
(1) Outstanding contracts--Unmatured, prepaid funeral
benefit contracts.
(2) You, Your or I--A person having a valid permit
to sell prepaid funeral benefit contracts issued by the Department
under §154.101 of the Finance Code, except that, for purposes
of subsection (b)(1) of this section, "you," "your," or "I" means
an applicant for a new prepaid funeral benefits permit.
(b) Application fees. The application fees set forth
in this subsection have been set in accordance with the Finance Code,
Chapter 154, for the purpose of defraying the cost of administering
the Finance Code, Chapter 154. Except as otherwise provided in this
subsection, all fees are due at the time the application is filed
and are nonrefundable. An application submitted without the appropriate
filing fee will be deemed incomplete and will not be considered.
(1) New permit application fee. If you apply for a
new prepaid funeral benefits permit, you must pay a $500 fee. In addition
to the application fee, you must pay any extraordinary costs incurred
by the department pursuant to any out of state investigation of you
as required by the Finance Code, §154.102(3). You must pay any
extraordinary costs within 20 days after written request by the department.
(2) Conversion application fee. If you apply to convert
a trust-funded prepaid funeral benefits operation to an insurance-funded
prepaid funeral benefits operation, you must pay a $1,000 fee per
application. In the event additional processing time is required because
the application is incomplete, you must pay the additional processing
costs incurred in excess of the filing fee originally submitted, at
the rate of $600 per eight-hour employee day, provided that the total
fee cannot exceed $2,000. Until you have paid any such additional
fee, the application will be deemed incomplete and will not be considered.
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Source Note: The provisions of this §25.23 adopted to be effective February 24, 1994, 19 TexReg 1037; amended to be effective August 18, 1994, 19 TexReg 6092; amended to be effective November 17, 1997, 22 TexReg 10958; amended to be effective July 11, 2002, 27 TexReg 5963; amended to be effective March 6, 2003, 28 TexReg 1834; amended to be effective September 9, 2004, 29 TexReg 8505; amended to be effective November 10, 2005, 30 TexReg 7210; amended to be effective November 8, 2007, 32 TexReg 7904; amended to be effective November 5, 2009, 34 TexReg 7599; amended to be effective September 8, 2019, 44 TexReg 4708 |