(a)(No change.) (b)If I want to operate a perpetual care cemetery, what fees must I pay to the department? (1)(No change.) (2)An annual fee must be paid as required by Section 712.042 of the Act. This annual fee is based on your fund balance as reflected on the most recent annual statement of funds report you have filed with the department [of the date of your last examination]. Your annual fee will be calculated according to the following table: Figure: 7 TAC §26.1(b)(2) (No change.) (3)An annual assessment must be paid as an examination fee imposed annually on a perpetual care cemetery corporation to defray the cost of administering the Act as required by Section 712.004(b) of the Act. The amount of your annual assessment is based on your fund balance as reflected on the most recent annual statement of funds report you have filed with the department. You must pay the annual assessment specified in the following table: [Your annual assessment is calculated at a rate of $0.0030 per dollar of your fund balance as of the date of your last examination, except that:] Attached Graphic [(A)If your calculated annual assessment is less than $115, your annual assessment will be $115; or] [(B)If your calculated annual assessment is more than $6,400, your annual assessment will be $6,400.] (4)If you are a new certificate holder and have not yet filed your first annual statement of funds report required by Section 712.041 of the Act, you must pay an examination fee of $600 per day for each examiner and all associated travel expenses. Your subsequent annual assessments will be calculated in accordance with paragraph (3) of this subsection. (c) - (f)(No change.)
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the
agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on August 17, 2007
TRD-200703702 Sarah J. Shirley
General Counsel
Texas Department of Banking
Proposed date of adoption: October 19, 2007
For further information, please call: (512) 475-1300
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