1. (a) Remittance of fees. Effective September 1, 1991, each credit union authorized to do business under the Act shall remit to the Credit Union Department its annual operating fee prior to October 1 of each year. Such fees received after September 30 of each year will be subject to a monthly 10% late fee unless waived by the commissioner for good cause.
2. (b) Calculation of operating fees. The schedule provided in this section shall serve as the basis for calculating operating fees. The base date shall be June 30 of the year in which operating fees are calculated. The asset base may be reduced by the amount of reverse-repurchase balances extant on the June 30 base date. The commissioner is authorized to increase or decrease the fee schedule annually by amounts not to exceed 10% per year with prior approval of the commission, as needed to match revenue with appropriations.
3. (c) Supplemental examinations. If the commissioner or deputy commissioner schedules a special examination in addition to the regular examination, the credit union shall pay a supplemental fee of $36 for each hour of time expended on the examination. The commissioner may waive the supplemental fee or reduce the fee as he deems appropriate. Such waiver or reduction shall be in writing and signed by the commissioner. The examiner in charge shall fully explain the time and charges for each special examination to the president or designated official in charge of operations of a credit union.
4. (d) Liquidations. Credit unions in liquidation shall pay an annual operating fee of $100.
5. (e) Out of state branches. Credit unions operating branch offices in Texas as authorized by §91.211 of this title (relating to Application for a Certificate of Authority To Do Business in the State of Texas) shall pay an annual operating fee of $200 per branch office.

6. (f) Credit union conversion fee. A credit union organized under the laws of the United States or of another State that converts to a credit union organized under the laws of this State shall remit to the Credit Union Department an annual operating fee within 30 days after the issuance of a charter by the commissioner. The schedule provided in subsection (b) of this section shall serve as the basis for calculating the operating fee. All provisions set forth in subsection (b) of this section shall apply to converting credit unions with the following exceptions:

   1. (1) Should the effective date of the conversion fall on or after October 31, the base date shall be the calendar quarter end immediately preceding the issuance date of a charter by the commissioner.
   2. (2) The amount of the operating fee calculated under this section will be prorated based upon the number of full months remaining until September 1. For example, should the effective date of the conversion be January 31, the converting credit union will remit seven-twelfths of the amount of the operating fee calculated using December 31 base date.
   3. (3) Any fee received more than 30 days after the issuance of a charter will be subject to a monthly 10% late fee unless waived by the commissioner for good cause.
7. (g) In the event a credit union in existence as of June 30 merges or consolidates with another credit union and the merger/consolidation is completed on or before September 1, the surviving credit union shall remit to the department the amount that the merging/consolidating credit union would have paid if it had still been in existence on September 1.

Source Note:The provisions of this §97.113 adopted to be effective August 2, 1991, 16 TexReg 4002; amended to be effective August 26, 1993, 18 TexReg 5395; amended to be effective July 8, 1994, 19 TexReg 4946; amended to be effective May 12, 1997, 22 TexReg 3891; amended to be effective May 10, 1998, 23 TexReg 4569.