(a)(No change.) (b)If I want to operate a perpetual care cemetery, what fees must I pay to the department? (1)A filing fee of $500 must be paid with your application for a certificate of authority [letter of intent] to operate a perpetual care cemetery as required by Section 712.0033(a) [712.0031(a)] of the Act. (2)An annual renewal fee must be paid as required by Section 712.0037 [712.042] of the Act. This annual renewal fee is based on your fund balance as reflected on the [most recent annual] statement of funds in the most recent annual renewal report you have filed with the department. Your annual renewal fee will be calculated according to the following table: Figure: 7 TAC §26.1(b)(2) (No change.) (3)If the department does not receive both your completed renewal report and renewal fee by the due date, a late fee of $100 per day for each business day after the due date that the department does not receive your completed renewal report and renewal fee may be imposed. You must pay this fee immediately upon receipt of the department's written invoice. (4) [(3)] An annual assessment will be imposed [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 Sections 712.042 and 712.044(b) [Section 712.004(b)] of the Act. The annual assessment will be collected pursuant to 7 TAC §26.1(c)(1). The amount of your annual assessment is based on your fund balance as reflected on the statement of funds in the most recent annual renewal [statement of funds] report you have filed with the department. You must pay the annual assessment specified in the following table: Attached Graphic (5) [(4)] If you are a new certificate holder and have not yet filed your first annual renewal report, which includes the statement of funds [report] required by Section 712.041 of the Act, you must pay an examination fee of $75.00 per hour [at the same rate established for bank examiners by §3.36(h)(2) of this title] for each examiner and all associated travel expenses. Your subsequent annual assessments will be calculated in accordance with paragraph (4) [(3)] of this subsection. (c)How will the department bill me for the annual assessment and the annual fees and when must I pay them? (1)Your annual assessment may be billed in quarterly or fewer installments each fiscal year. You must pay a billed installment by ACH debit 15 days after the date of the department's notice of payment due. The commissioner may decrease your annual assessment if it is determined that a lesser amount than would otherwise be collected is adequate to administer the Act. (2) - (3)(No change.) (d)Must I pay for additional examinations and if so how much and when? (1)If more than one examination is required in the same fiscal year as a result of your failure to comply with the Act, this chapter, or a request by the department, for each additional examination you must pay a fee for each assigned examiner of $75 per hour [at the same rate established for bank examiners by §3.36(h)(2) of this title] and reimburse the department for all associated travel expenses. (2)(No change.) (e) - (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 19, 2011
TRD-201103315 A. Kaylene Ray
General Counsel
Texas Department of Banking
Proposed date of adoption: October 21, 2011
For further information, please call: (512) 475-1300
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