(a) The department shall set and collect:
(1) an application fee for an initial license in an amount not to exceed $100;
(2) a license renewal fee in an amount not to exceed $100;
(3) a participation fee for each location described by § 122.103(a)(1) and each location added after the application is submitted in an amount not to exceed $100;
(4) a site modification fee for each change to a location described by § 122.103(a)(1) in an amount not to exceed $500; and
(5) a collection and testing fee for each preharvest test or postharvest test if performed by the department in an amount not to exceed $300.
(b) A fee set by the department under this section may not exceed the amount necessary to administer this chapter. The comptroller may authorize the department to collect a fee described by Subsection (a) in an amount greater than the maximum amount provided by that subsection if necessary to cover the department’s costs of administering this chapter.

(c) The department may not set or collect a fee associated with the cultivation of hemp that is not listed in Subsection (a), other than:
(1) a fee for the organic certification of hemp under Chapter 18 or for participation in another optional marketing program; or
(2) a fee for the certification of seed or plants under Chapter 62.
(d) Fees collected by the department under this chapter are not refundable and may be appropriated only to the department for the purpose of administering this chapter.