1. (a) In this section, a cut of a county road means the act of excavating or cutting the surface of a county road.
2. (b) To provide funds for the future inspection, repair, and maintenance of a cut road, a county may impose a fee on a person or other entity for each cut of a county road during or as an incident to the installation, maintenance, or repair of any facilities or properties of the person or entity.

3. (c) The fee authorized by this section:

   1. (1) may not exceed $500;
   2. (2) may be imposed either before or after the cutting of the road; and
   3. (3) is in addition to any other charge the county is authorized to impose to repair damage to the road because of the cut.

4. (d) This section does not apply in relation to a person or other entity that:

   1. (1) has entered into an agreement with the county that provides for fees to be paid by the person or entity for the use of the county roads; or
   2. (2) is a utility that is not required under Chapter 181, Utilities Code, to provide notice to a commissioners court of a county.

Added by Acts 2005, 79th Leg., Ch. 957 (H.B. 1610), Sec. 1, eff. June 18, 2005.