HBA-BSM H.B. 1389 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1389 By: Shields Natural Resources 3/8/2001 Introduced BACKGROUND AND PURPOSE Current law governing the Edwards Aquifer Authority provides definitions for domestic or livestock use, industrial use, irrigation use, and municipal use of water, but does not define agricultural use on nonagricultural use of water. The Edwards Aquifer Authority Board recently adopted rules for assessing management fees for agriculture and nonagriculture users, but classified nursery owners growing plants above ground in containers as nonagricultural use, resulting in the assessment of higher aquifer management fees. House Bill 1389 defines horticultural products and provides that the use of water for horticultural products is an irrigation use. 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 House Bill 1389 amends law to provide that "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 in containers by a nursery grower. The bill also provides that "irrigation use" means the use of water for the irrigation of pastures, commercial crops, including orchards, and horticultural products. EFFECTIVE DATE September 1, 2001.