§ 8870.153 — FEES.

Texas § 8870.153

• Jurisdiction: Texas
• Code SD: Special District Local Laws Code

Text

Sec. 8870.153. FEES. (a) Except as provided by Subsection (g), the board may impose fees on each nonexempt well in the district.
(b) A fee may be assessed annually, based on:
(1) the size of column pipe used in the well;
(2) the production capacity of the well; or
(3) actual, authorized, and anticipated pumpage.
(c) A fee imposed under this section may not exceed:
(1) $1 per acre-foot for water used for agricultural purposes; or
(2) $40 per acre-foot for water used for a purpose other than an agricultural purpose.
(d) The board may use fees as a regulatory mechanism or a revenue-producing mechanism.
(e) The board shall adopt rules regarding:
(1) fee rates;
(2) the manner and form for filing reports of fees; and
(3) the manner of collecting fees.
(f) To secure payment of a fee imposed under this section, a lien attaches to the property on which the well is located. The lien has the same priority and characteristics as a lien for district taxes. The district may use the lien and all other powers that the district possesses to collect the payment of the fee.
(g) If the district imposes a tax under Section 8870.151 , the district may not impose a fee under this section.

Legislative History

Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026 ), Sec. 1.05, eff. April 1, 2015.