1. (a) Allowable fees. A provider may not charge or receive from a consumer, directly or indirectly (except for "fair share" and other such creditor or lender fees or contributions), a fee except for the following:

   1. (1) if the consumer does not enter into a debt management services agreement with the provider:

      1. (A) a fee, not to exceed $50, for a counseling session, an educational program, or materials and supplies provided by the provider to the consumer;
      2. (B) subparagraph (A) of this paragraph does not apply to any services provided pursuant to a federal mandate or program;

   2. (2) if the consumer enters into a debt management services agreement with the provider:

      1. (A) an initial enrollment fee not to exceed $100, for services associated with the establishment of a debt management services agreement with the provider (e.g., setting up an account and consultation);

      2. (B) a monthly service or maintenance fee not to exceed 10% of the consumer's scheduled monthly payment to creditors, allowing a minimum of $10, up to a maximum of $50 per month;

         1. (i) if the consumer makes a payment in an amount less than the amount scheduled, the provider may charge a monthly service or maintenance fee that is calculated on the scheduled amount;
         2. (ii) if the consumer makes a payment in addition to the scheduled payment during the month of the scheduled payment, the provider may charge an additional fee that is calculated on the monthly service or maintenance fee for the scheduled amount;
      3. (C) a fee to cover the provider's out-of-pocket costs for providing credit reports to the consumer.
2. (b) Services not directly related to debt management services or educational services concerning personal finance. A provider may not charge a consumer for or provide credit or other insurance, coupons for goods or services, membership in a club, access to computers or the Internet, or any other matter not directly related to debt management services or educational services concerning personal finance, unless approved by the commissioner in advance.

Source Note:The provisions of this §88.306 adopted to be effective September 6, 2007, 32 TexReg 5662.