Texas Statutes
Subchapter D. Financial Provisions
Section 8870.153. Fees

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

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