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(a)Definitions. The following words and terms, when used in this section, will have the following meanings, unless the text clearly indicates otherwise. (1)Act--Health and Safety Code, Chapter 712, as amended. (2)Examination--the department's review and evaluation of the books and records of a perpetual care cemetery corporation by on-site examination or off-site review pursuant to Section 712.044(a) of the Act. (3)You, Your, I--the owner or operator of a perpetual care cemetery. (4)Fund balance--the total amount of perpetual care monies that are required to be deposited in your perpetual care fund under the Act, excluding capital gains, capital losses, undistributed interest income and any voluntary contributions. (5)Fiscal year--the 12-month period from September 1st to August 31st. (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 to operate a perpetual care cemetery as required by Section 712.0033(a) of the Act. (2)An annual renewal fee must be paid as required by Section 712.0037 of the Act. This annual renewal fee is based on your fund balance as reflected on the 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)An annual assessment will be imposed as an examination fee on a perpetual care cemetery corporation to defray the cost of administering the Act, as required by Sections 712.042 and 712.044(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 report you have filed with the department. You must pay the annual assessment specified in the following table: Attached Graphic (5)If you are a new certificate holder and have not yet filed your first annual renewal report, which includes the statement of funds required by Section 712.041 of the Act, you must pay an examination fee of $75.00 per hour for each examiner and all associated travel expenses. Your subsequent annual assessments will be calculated in accordance with paragraph (4) 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)Your annual fee must be paid with the filing of your annual statement of funds by ACH debit on or before March 1st of each year. (3)A fee is considered paid as of the date the department receives payment. (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 and reimburse the department for all associated travel expenses. (2)You will be billed for an additional examination by written invoice submitted in connection with delivery of the examination report. You must pay this fee upon receipt of the examination report. (e)Are any fees refundable? Fees paid under this section are nonrefundable. (f)What will happen if a fee is deemed unlawful or in excess of the department's authority? If a fee or reimbursement imposed or required by this section or the manner of its calculation is determined to be unlawful or to exceed the department's authority to adopt and impose, the remainder of the section is unaffected.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.
Filed with the Office
of the Secretary of State on October 21, 2011
TRD-201104496 A. Kaylene Ray
General Counsel
Texas Department of Banking
Effective date: November 10, 2011
Proposal publication date: September 2, 2011
For further information, please call: (512)
475-1300
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