Section 3.37 - Calculation of Annual Assessment for Banks(a) Bank assessment calculation table. The annual assessment for a state bank is calculated as described in this section and paid as provided by § 3.36 of this title (relating to Annual Assessments and Specialty Examination Fees), based on the values in the following table, as such values may be periodically adjusted in the manner provided by subsection (b) of this section. Certain terms used in this section and in the following table are defined in §3.36(b). Attached Graphic
(b) Adjustments for inflation. In this section, "GDPIPD" means the Gross Domestic Product Implicit Price Deflator, published quarterly by the Bureau of Economic Analysis, United States Department of Commerce. The "annual GDPIPD factor" is equal to the percentage change in the GDPIPD index values published for the first quarter of the current year compared to the first quarter of the previous year (the March-to-March period immediately preceding the calculation date), rounded to a hundredth of a percent (two decimal places). (1) Each September 1, the table in subsection (a) of this section, as most recently revised before such date pursuant to this subsection, may be revised as follows:(A) each marginal assessment factor listed in Step 3 of the table is increased (or decreased) by an amount proportionate to the measure of inflation (or deflation) reflected in the annual GDPIPD factor, rounded to six decimal places;(B) the base assessment amount listed in Step 4 for assessable asset group 1 is increased (or decreased) by an amount proportionate to the measure of inflation (or deflation) reflected in the annual GDPIPD factor, rounded to whole dollars; and(C) each base assessment amount listed in Step 4 for assessable asset groups 2 through 14 is adjusted to an amount equal to the maximum annual assessment possible for the next lower assessable asset group (without surcharge), rounded to whole dollars. For example, the base assessment amount for assessable asset group 2 is equal to the annual assessment (without surcharge) calculated under assessable asset group 1 for a bank with exactly $10 million in assessable assets.(2) If the table in subsection (a) of this section is revised for inflation (or deflation), then not later than August 1 of each year, the department shall calculate and prepare a revised table reflecting the inflation-adjusted values to be applied effective the following September 1, and shall provide each state bank with notice of and access to the revised table. At least once every four years, the department shall propose amendments to this section for the purpose of substituting a current revised table in subsection (a) of this section, and for such other purposes as may be appropriate.7 Tex. Admin. Code § 3.37
The provisions of this §3.37 adopted to be effective January 5, 1996, 20 TexReg 10994; amended to be effective September 9, 1999, 24 TexReg 6969; amended to be effective July 11, 2002, 27 TexReg 5961; amended to be effective September 4, 2003, 28 TexReg 7347; amended to be effective July 5, 2007, 32 TexReg 3977; amended to be effective January 3, 2008, 32 TexReg 9939; Amended by Texas Register, Volume 40, Number 44, October 30, 2015, TexReg 7620, eff. 11/5/2015; Amended by Texas Register, Volume 41, Number 53, December 30, 2016, TexReg 10561, eff. 1/5/2017; Amended by Texas Register, Volume 45, Number 52, December 25, 2020, TexReg 9413, eff. 12/31/2020; Amended by Texas Register, Volume 47, Number 35, September 2, 2022, TexReg 5330, eff. 9/8/2022; Amended by Texas Register, Volume 48, Number 09, March 3, 2023, TexReg 1291, eff. 3/9/2023