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.