HBA-LJP H.B. 3404 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3404
By: King, Tracy
Natural Resources
8/15/2001
Enrolled



BACKGROUND AND PURPOSE 

When the Edwards Aquifer Authority (authority) was created in the 73rd
legislative session, it did not provide definitions for "agricultural use"
and "nursery grower."  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 nonagricultural uses.  House Bill 3404 adds
the definitions of "agricultural use" and "nursery grower" 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

House Bill 3404 amends law to provide the definitions of "agricultural use"
and "nursery grower" for purposes of fees and regulations imposed by the
Edwards Aquifer Authority.  The bill provides that "agricultural use" means
any use or activity involving: 

_cultivation of soil to produce crops or planting seed for the production
of fibers; 

_floriculture, viticulture, silviculture, and horticulture;

_raising, feeding, or keeping animals for breeding purposes or for the
production of tangible products with commercial value; 

_wildlife management

_raising or keeping equine animals; or

_planting cover crops.

"Nursery grower" means a person who grows more than 50 percent of the
products that the person either sells or leases, regardless of the variety
sold, leased, or grown. 

EFFECTIVE DATE

June 15, 2001.