2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter P. Fees › Section 5.701. Fees

Sec. 5.701.  FEES.  (a)  The executive director shall charge and collect the fees prescribed by law.  The executive director shall make a record of fees prescribed when due and shall render an account to the person charged with the fees.  Each fee is a separate charge and is in addition to other fees unless provided otherwise.  Except as otherwise provided, a fee assessed and collected under this section shall be deposited to the credit of the water resource management account.
(1)  Notwithstanding other provisions, the commission by rule may establish due dates, schedules, and procedures for assessment, collection, and remittance of fees due the commission to ensure the cost-effective administration of revenue collection and cash management programs.
(2)  Notwithstanding other provisions, the commission by rule shall establish uniform and consistent requirements for the assessment of penalties and interest for late payment of fees owed the state under the commission's jurisdiction.  Penalties and interest established under this section shall not exceed rates established for delinquent taxes under Sections 111.060 and 111.061, Tax Code.
(b)  Except as otherwise provided by law, the fee for filing an application or petition is $100 plus the cost of any required notice.  The fee for a by-pass permit shall be set by the commission at a reasonable amount to recover costs, but not less than $100.
(c)  The fee for filing a water permit application is $100 plus the cost of required notice.
(d)  The fee for filing an application for fixing or adjusting rates is $100 plus the cost of required notice.
(e)  A person who files with the commission a petition for the creation of a water district or addition of sewage and drainage powers or a resolution for a water district conversion must pay a one-time nonrefundable application fee.  The commission by rule may establish the application fee in an amount sufficient to cover the costs of reviewing and processing the application, plus the cost of required notice.  The commission may also use the application fee to cover other costs incurred to protect water resources in this state, including assessment of water quality, reasonably related to the activities of any of the persons required to pay a fee under the statutes listed in Subsection (p).  This fee is the only fee that the commission may charge with regard to the processing of an application for creation of a water district, addition of sewage or drainage powers, or conversion under this code.
(f)  A person who files a bond issue application with the commission must pay an application fee set by the commission.  The commission by rule may set the application fee in an amount not to exceed the costs of reviewing and processing the application, plus the cost of required notice.  If the bonds are approved by the commission, the seller shall pay to the commission a percentage of the bond proceeds not later than the seventh business day after receipt of the bond proceeds.  The commission by rule may set the percentage of the proceeds in an amount not to exceed 0.25 percent of the principal amount of the bonds actually issued.  Proceeds of the fees shall be used to supplement any other funds available for paying expenses of the commission in supervising the various bond and construction activities of the districts filing the applications.
(g)  The fee for recording an instrument in the office of the commission is $1.25 per page.
(h)  The fee for the use of water for irrigation is 50 cents per acre to be irrigated.
(i)  The fee for impounding water, except under Section 11.142 of this code, is 50 cents per acre-foot of storage, based on the total holding capacity of the reservoir at normal operating level.
(j)  The fee for other uses of water not specifically named in this section is $1 per acre-foot, except that no political subdivision may be required to pay fees to use water for recharge of underground freshwater-bearing sands and aquifers or for abatement of natural pollution.  A fee is not required for a water right that is deposited into the Texas Water Trust.
(k)  A fee charged under Subsections (h) through (j) of this section for one use of water under a permit from the commission may not exceed $50,000. The fee for each additional use of water under a permit for which the maximum fee is paid may not exceed $10,000.
(l)  The fees prescribed by Subsections (h) through (j) of this section are one-time fees, payable when the application for an appropriation is made.  However, if the total fee for a permit exceeds $1,000, the applicant shall pay one-half of the fee when the application is filed and one-half within 180 days after notice is mailed to him that the permit is granted.  If the applicant does not pay all of the amount owed before beginning to use water under the permit, the permit is annulled.
(m)  If a permit is annulled, the matter reverts to the status of a pending, filed application and, on the payment of use fees as provided by Subsections (h) through (l) of this section together with sufficient postage fees for mailing notice of hearing, the commission shall set the application for hearing and proceed as provided by this code.
(n)(1)  Each provider of potable water or sewer utility service shall collect a regulatory assessment from each retail customer as follows:
(A)  A public utility as defined in Section 13.002 shall collect from each retail customer a regulatory assessment equal to one percent of the charge for retail water or sewer service.
(B)  A water supply or sewer service corporation as defined in Section 13.002 shall collect from each retail customer a regulatory assessment equal to one-half of one percent of the charge for retail water or sewer service.
(C)  A district as defined in Section 49.001 that provides potable water or sewer utility service to retail customers shall collect from each retail customer a regulatory assessment equal to one-half of one percent of the charge for retail water or sewer service.
(2)  The regulatory assessment may be listed on the customer's bill as a separate item and shall be collected in addition to other charges for utility services.
(3)  The assessments collected under this subsection may be appropriated by a rider to the General Appropriations Act to an agency with duties related to water and sewer utility regulation or representation of residential and small commercial consumers of water and sewer utility services solely to pay costs and expenses incurred by the agency in the regulation of districts, water supply or sewer service corporations, and public utilities under Chapter 13.
(4)  The commission shall annually use a portion of the assessments to provide on-site technical assistance and training to public utilities, water supply or sewer service corporations, and districts.  The commission shall contract with others to provide the services.
(5)  The commission by rule may establish due dates, collection procedures, and penalties for late payment related to regulatory assessments under this subsection.  The executive director shall collect all assessments from the utility service providers.
(6)  Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 55(c), eff. December 1, 2017.
(7)  The regulatory assessment does not apply to water that has not been treated for the purpose of human consumption.
(o)  A fee imposed under Subsection (j) of this section for the use of saline tidal water for industrial processes shall be $1 per acre-foot of water diverted for the industrial process, not to exceed a total fee of $5,000.
(p)  Notwithstanding any other law, fees collected for deposit to the water resource management account under the following statutes may be appropriated and used to protect water resources in this state, including assessment of water quality, reasonably related to the activities of any of the persons required to pay a fee under:
(1)  Subsection (b), to the extent those fees are paid by water districts, and Subsections (e), (f), and (n); or
(2)  Section 54.037(c).
(q)  Notwithstanding any other law, fees collected for deposit to the water resource management account under the following statutes may be appropriated and used to protect water resources in this state, including assessment of water quality, reasonably related to the activities of any of the persons required to pay a fee under:
(1)  Subsections (b) and (c), to the extent those fees are collected in connection with water use or water quality permits;
(2)  Subsections (h)-(l);
(3)  Section 11.138(g);
(4)  Section 11.145;
(5)  Section 26.0135(h);
(6)  Sections 26.0291, 26.044, and 26.0461; or
(7)  Sections 341.041, 366.058, 366.059, 371.024, 371.026, and 371.062, Health and Safety Code.
(r)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1021, Sec. 2.07, eff. September 1, 2011.
Amended by Acts 1985, 69th Leg., ch. 239, Sec. 38, eff. Sept. 1, 1985.  Renumbered from Sec. 5.182 and amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 399, Sec. 1, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 710, Sec. 10, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.021, eff. Aug. 12, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 4.01, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 564, Sec. 1.02, eff. June 11, 1993;  Acts 1993, 73rd Leg., ch. 746, Sec. 1, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 772, Sec. 1, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 333, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1010, Sec. 4.42, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 966, Sec. 4.03, eff. Sept. 1, 2001.  Redesignated from Sec. 5.235 and amended by Acts 2001, 77th Leg., ch. 965, Sec. 3.02, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 200, Sec. 6(a), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1351 (H.B. 3), Sec. 1.03, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 1.03, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1316 (H.B. 2667), Sec. 4, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 2.07, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 6.03, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 733 (S.B. 1105), Sec. 6, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 867 (H.B. 2771), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 55(c), eff. December 1, 2017.