Sec. 8854.102.  AUTHORITY TO SET FEES.  (a)  In this section, "agriculture" includes:
(1)  cultivating the soil;
(2)  producing crops for:
(A)  human food;
(B)  animal feed;
(C)  planting seed; or
(D)  the production of fibers;
(3)  floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non-soil media;
(4)  raising, feeding, or keeping livestock or other animals for the production of food or fiber, leather, pelts, or other tangible products having a commercial value;
(5)  wildlife management;
(6)  planting cover crops, including cover crops cultivated for transplantation; and
(7)  leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure.
(b)  The district may set and collect fees for all services provided outside the boundaries of the district.  The fees may not unreasonably exceed the cost to the district of providing the services outside the district.
(c)  The district may assess a production fee based on the amount of water a permit authorizes to be withdrawn from a well or the amount actually withdrawn.  The district may assess a production fee instead of or in conjunction with any tax otherwise imposed by the district.  The district may use production fee revenue for any lawful purpose.  Production fees may not exceed:
(1)  $1 per acre-foot for water used for agriculture; or
(2)  $10 per acre-foot annually for water used for another purpose.
(d)  The district may assess a production fee under Subsection (c) for water that is:
(1)  produced under an exemption under Section 36.117, Water Code; and
(2)  subsequently sold to another person.
(e)  Notwithstanding Section 36.117, Water Code, the district may assess a production fee under Subsection (c) of this section for any water produced for injection into a geologic formation for the recovery of oil or natural gas.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.03, eff. April 1, 2013.