(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) Renewal fee. The renewal fee for an existing permit is based on the number of outstanding contracts as reflected on the most recent annual report you have filed with the department, as specified in the Renewal Fee Schedule following this paragraph. You must pay the renewal fee by ACH debit on or before March 1 of each year, or by another method if directed to do so by the department. At least 15 days prior to the scheduled ACH transfer, the department will send you a notice specifying the amount of the renewal fee and the date the department will initiate payment of the fee by ACH debit, which will be March 1 of each year or, if March 1 is a holiday, the last business day immediately preceding March 1. Attached Graphic (3) 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.
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