Sec. 121.211. PIPELINE SAFETY AND REGULATORY FEES. (a) The railroad commission by rule may adopt a fee to be assessed annually against operators of gas distribution pipelines and their pipeline facilities and gas master metered pipelines and their pipeline facilities subject to this title. (b) The railroad commission by rule shall establish the method by which the fee will be calculated and assessed. In adopting a fee structure, the railroad commission may consider any factors necessary to provide for the equitable allocation among operators of the costs of administering the railroad commission's pipeline safety and regulatory program under this title. (c) The total amount of fees estimated to be collected under rules adopted by the railroad commission under this section may not exceed the amount estimated by the railroad commission to be necessary to recover the costs of administering the railroad commission's pipeline safety and regulatory program under this title, excluding costs that are fully funded by federal sources. (d) The commission may assess each operator of a gas distribution system subject to this title an annual fee not to exceed one dollar for each service line reported by the system on the Distribution Annual Report, Form RSPA F7100.1-1, due on March 15 of each year. The fee is due March 15 of each year. (e) The railroad commission may assess each operator of a gas master metered system subject to this title an annual fee not to exceed $100 for each master metered system. The fee is due June 30 of each year. (f) The railroad commission may assess a late payment penalty of 10 percent of the total assessment due under Subsection (d) or (e) that is not paid within 30 days after the annual due date established by the applicable subsection. (g) Each operator of a gas distribution system and each gas master meter operator shall recover as a surcharge to its existing rates the amounts paid to the commission under this section. Amounts collected under this subsection by an investor-owned gas distribution system or a cooperatively owned gas distribution system shall not be included in the revenue or gross receipts of the company for the purpose of calculating municipal franchise fees or any tax imposed under Subchapter B , Chapter 182 , Tax Code, or under Chapter 122 . Those amounts are not subject to a sales and use tax imposed by Chapter 151 , Tax Code, or Subtitle C, Title 3, Tax Code. (h) A fee collected under this section shall be deposited to the credit of the oil and gas regulation and cleanup fund as provided by Section 81.067 , Natural Resources Code.
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