(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. 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.
Texas Legal Code