Tex. Water Code § 36.205 · Subchapter G. DISTRICT REVENUES
AUTHORITY TO SET FEES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A district may set fees for administrative acts of the district, such as filing applications. Fees set by a district may not unreasonably exceed the cost to the district of performing the administrative function for which the fee is charged.
(b) A district shall 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(c) A district may assess production fees based on the amount of water authorized by permit to be withdrawn from a well or the amount actually withdrawn. A district may assess the fees in lieu of, or in conjunction with, any taxes otherwise levied by the district. A district may use revenues generated by the fees for any lawful purpose. Production fees shall not exceed:
(1) $1 per acre-foot payable annually for water used for agricultural use; or
(2) $10 per acre-foot payable annually for water used for any other purpose.
(d) The Lone Star Groundwater Conservation District and the Guadalupe County Groundwater Conservation District may not charge production fees for an annual period greater than $1 per acre-foot for water used for agricultural use or 17 cents per thousand gallons for water used for any other purpose. This subsection shall take precedence over all prior enactments.
(e) Subsection (c) does not apply to the following districts:
(1) the Fort Bend Subsidence District;
(2) the Harris-Galveston Subsidence District;
(3) the Barton Springs-Edwards Aquifer Conservation District; or
(4) any district that collects a property tax and that was created before September 1, 1999, unless otherwise authorized by special law.
(f) A district, including a district described under Subsection (d), may assess a production fee under Subsection (c) and an export fee under Subsection (g), if applicable, for any water produced under an exemption under Section 36.117 if that water is subsequently sold to another person.
(g) A district may assess an export fee under Section 36.122.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.53, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1405 (S.B. 747), Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 21.003, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 12, eff. June 10, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1135 (H.B. 2729), Sec. 14, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/WA/htm/WA.36.htm
- Text hash
- sha256 225b83ea2ba623df5b0bd46356c95c85d67b8817cc0f28d0f5c91c8a0c8195d6
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 8 provisions
Provisions in this library whose text cites Tex. Water Code § 36.205. Each shows the citation as that text prints it.
Special District Local Laws Code
- Tex. Spec. Dist. Local Laws Code § 8824.151DISTRICT REVENUE AND FEES.Printed as Section 36.205, Water Code
- Tex. Spec. Dist. Local Laws Code § 8829.151DISTRICT REVENUE AND FEES.Printed as Section 36.205, Water Code
- Tex. Spec. Dist. Local Laws Code § 8831.151DISTRICT REVENUE AND FEES.Printed as Section 36.205, Water Code
- Tex. Spec. Dist. Local Laws Code § 8867.103FEES.Printed as Section 36.122(e) or 36.205(c), Water Code | Section 36.205(e), Water Code
- Tex. Spec. Dist. Local Laws Code § 8891.103FEES.Printed as Section 36.205, Water Code
Water Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.