|
(a)Definitions. (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 the items described in Section 712.044(a) of the Act. (3)Financially insolvent-- (A)the inability to pay debts as they mature or pay obligations as they become due and payable; or (B)having debts in excess of assets. (4)You, Your, I--the owner or operator of a perpetual care cemetery. (5)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. (6)Fiscal year--the 12-month period from September 1st to August 31st. (b)If I want to operate a perpetual care cemetery, what fees (excluding fees under Subsection (d) of this Section) must I pay to the department? (1)You must pay a one-time $500 filing fee with your letter of intent to operate a perpetual care cemetery as required by Section 712.0031(a) of the Act. (2)With the filing of your annual statement of funds you must also pay an annual fee as required by Section 712.042 of the Act. This annual fee is due by March 1st of each year and is based on your fund balance as of your last examination. Your annual fee will be calculated according to the following table: Attached Graphic (c)What if I cannot afford the annual fee? If you are experiencing financial difficulties, you may be able to obtain a one-year reduction in the amount of your annual fee. To request a one-year reduction in your annual fee, you must file a written application as described in paragraph (1) of this subsection and the commissioner must find that your application satisfies the requirements described in paragraph (2) of this subsection. The commissioner has discretion to decide whether to reduce your annual fee and to decide the amount of any reduction. (1)To request a one-year reduction in your annual fee, you must: (A)not later than the date the current annual fee is due, file with the department a written application accompanied by a written business recovery plan and other supporting documentation sufficient to demonstrate that you satisfy each factor described in paragraph (B) of this subsection; and (B)file any additional documentation the department requests not later than the seventh day after the date you receive the request. (2)The commissioner will not grant a one-year reduction of your annual fee unless the commissioner finds, based on your application and supporting documentation, that: (A)you are financially insolvent or payment of the full annual fee will cause you to become financially insolvent, and your current or impending financial insolvency is temporary; and (B)you reasonably expect to have the ability to pay your annual fee in full by at least the third year after the year in which your request is made, based on a written business recovery plan that is reasonable and attainable. (d)What fees must I pay for department examinations? (1)Section 712.044(b) of the Act requires that you pay a reasonable and necessary examination fee. This annual examination fee is calculated at a rate of $0.0026 per dollar of your fund balance as of your last examination. Except that: (A)If your annual examination fee calculation is less than $100, your annual examination fee will be $100; or (B)If your annual examination fee calculation is more than $5,500, your annual examination fee will be $5,500. (2)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, you must pay for each additional examination at a rate of $600 per day for each examiner required to conduct the additional examination and all associated travel expenses. (3)Your examination fees will not be reduced or waived. (e)How will the department bill me for the examination fees and when must I pay them? (1)Your annual examination fee may be billed in quarterly or fewer installments each fiscal year. You must pay this fee no later than the 15th day after the date of the department's billing. (2)You will be billed for additional examinations described in Subsection (d)(2) with the delivery of the examination report. You must pay this fee upon receipt of the examination report.
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 December 13, 2002
TRD-200208246 Everette D.
Jobe
Certifying Official
Texas Department of Banking
Proposed date of adoption: February 14, 2003
For further information, please call: (512) 475-1300
|
