HBA-CBW C.S.H.B. 3404 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3404 By: King, Tracy Natural Resources 4/10/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE When the Edwards Aquifer Authority (authority) was created in the 73rd Legislative Session, it did not provide definitions for "agricultural use," "non-agricultural use," and "horticultural products." Currently, the authority charges fees for water usage. The fees for water used for agricultural purposes are calculated at different rates than those for water used for non-agricultural uses. C.S.H.B. 3404 adds the definitions of "agricultural use," "non-agricultural use," and "horticultural products," for the purpose of clarifying which rate should be charged for a particular use of water. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 3404 amends law to provide the definitions of "agricultural use," "non-agricultural use," and "horticultural products" for purposes of fees and regulations imposed by the Edwards Aquifer Authority. The bill provides that "agricultural use" means the use of water for irrigation horticulture, or for the raising of livestock and "non-agricultural use" means any other use. "Horticultural products" means nursery, floral, and greenhouse plants or plant products produced from seeds, rootings, cuttings, tissue cultures, seedlings, or other propagation materials and grown in the soil or in containers by a nursery grower. The bill repeals a provision which subjects the authority to the open meetings law, the open records law, and the Administrative Procedure and Texas Register Act. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3404 differs from the original bill by adding the definition of "horticultural products" for purposes of fees and regulations imposed by the Edwards Aquifer Authority (authority). The substitute repeals a provision which subjects the authority to the open meetings law, the open records law, and the Administrative Procedure and Texas Register Act.