1. (a) Notwithstanding any other law, a district may establish different charges, fees, rentals, or deposits among classes of customers that are based on any factor the district considers appropriate, including:

   1. (1) the similarity of the type of customer to other customers in the class, including:

      1. (A) residential;
      2. (B) commercial;
      3. (C) industrial;
      4. (D) apartment;
      5. (E) rental housing;
      6. (F) irrigation;
      7. (G) homeowner associations;
      8. (H) builder;
      9. (I) out-of-district;
      10. (J) nonprofit organization; and
      11. (K) any other type of customer as determined by the district;
   2. (2) the type of services provided to the customer class;
   3. (3) the cost of facilities, operations, and administrative services to provide service to a particular class of customer, including additional costs to the district for security, recreational facilities, or fire protection paid from other revenues; and
   4. (4) the total revenues, including ad valorem tax revenues and connection fees, received by the district from a class of customers relative to the cost of service to the class of customers.
2. (b) A district is presumed to have weighed and considered appropriate factors and to have properly established charges, fees, rentals, and deposits absent a showing that the district acted arbitrarily and capriciously.

Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 7.01, eff. September 1, 2007.