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Section 8870.153. Fees

TX Spec Dist Code § 8870.153 (2019) (N/A)
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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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Section 8870.152. Limitation on Taxes; Prohibited Taxes and Fees
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