Suspending limitations on conference committee
jurisdiction, S.B. 1477.
By: Lewis, R. H.R. No. 854
73R11927 JJT-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, That Rule 13, Section 9(a), Rules of the House of
1-3 Representatives, 73rd Legislature, is suspended, as provided by
1-4 House Rule 13, Section 9(f), to the extent described in this
1-5 resolution, to enable the conference committee appointed to adjust
1-6 the differences between the house and senate versions of S.B. No.
1-7 1477, relating to the creation, administration, powers, duties,
1-8 operation, and financing of the Edwards Aquifer Authority and the
1-9 management of the Edwards Aquifer, to successfully conclude the
1-10 committee's deliberations, by authorizing the conferees to consider
1-11 and take action on the following specific matters:
1-12 (1) House Rule 13, Section 9(a)(4), is suspended to permit
1-13 the committee to add the following language in the bill at the end
1-14 of Section 1.08(b) of the bill:
1-15 This subsection is not intended to allow the authority to
1-16 regulate surface water.
1-17 Explanation: The addition is needed to clarify the intent of
1-18 the legislature regarding the authority's powers.
1-19 (2) House Rule 13, Section 9(a)(1), is suspended to permit
1-20 the committee to amend Subdivision (7) of Section 1.09(b) to read
1-21 as follows:
1-22 (7) one person appointed in rotation who is from
1-23 Atascosa, Medina, or Uvalde counties, with that person appointed by
1-24 the governing body of the Evergreen Underground Water District, by
2-1 the Medina Underground Water Conservation District, or by the
2-2 Uvalde County Underground Water Conservation District, with the
2-3 person appointed by the Evergreen Underground Water District
2-4 serving the first term, followed by a person appointed by the
2-5 Medina Underground Water Conservation District to serve the second
2-6 term, followed by a person appointed by the Uvalde County
2-7 Underground Water Conservation District to serve the third term,
2-8 and rotating in that order of appointment for subsequent terms.
2-9 Explanation: The amendment is needed to specify the board
2-10 members who serve in rotation and the method of their appointment.
2-11 (3) House Rule 13, Section 9(a)(1), is suspended to permit
2-12 the committee to amend Section 1.14(d) (House version Section
2-13 1.14(e), Senate version Section 1.15(d)) of the bill to read as
2-14 follows:
2-15 (d) If, through studies and implementation of water
2-16 management strategies, including conservation, springflow
2-17 augmentation, diversions downstream of the springs, reuse,
2-18 supplemental recharge, conjunctive management of surface and
2-19 subsurface water, and drought management plans, the authority
2-20 determines that additional supplies are available from the aquifer,
2-21 the authority, in consultation with appropriate state and federal
2-22 agencies, may review and may increase the maximum amount of
2-23 withdrawals provided by this section and set a different maximum
2-24 amount of withdrawals.
2-25 Explanation: The change is needed to provide that the
2-26 authority may increase but not decrease the maximum amount of
2-27 withdrawals under the section.
3-1 (4) House Rule 13, Section 9(a)(1), is suspended to permit
3-2 the committee to amend Section 1.14(f) (House version Section
3-3 1.14(f), Senate version Section 1.15(e)) of the bill to read as
3-4 follows:
3-5 (f) If the level of the aquifer is equal to or greater than
3-6 650 feet above mean sea level as measured at Well J-17, the
3-7 authority may authorize withdrawal from the San Antonio pool, on an
3-8 uninterruptible basis, of permitted amounts. If the level of the
3-9 aquifer is equal to or greater than 845 feet at Well J-27, the
3-10 authority may authorize withdrawal from the Uvalde pool, on an
3-11 uninterruptible basis, of permitted amounts. The authority shall
3-12 limit the additional withdrawals to ensure that springflows are not
3-13 affected during critical drought conditions.
3-14 Explanation: The change is needed to set the aquifer levels
3-15 at 650 feet at Well J-17 and at 845 feet at Well J-27 and to give
3-16 the authority power to authorize on an uninterruptible basis the
3-17 withdrawal of permitted amounts at the stated levels.
3-18 (5) House Rule 13, Sections 9(a)(1) and (4), are suspended
3-19 to allow the committee to amend Section 1.26(4) (House version
3-20 1.17(4), Senate version 1.27(3)) to read as follows:
3-21 (4) require reduction of nondiscretionary use by
3-22 permitted or contractual users, to the extent further reductions
3-23 are necessary, in the reverse order of the following water use
3-24 preferences:
3-25 (A) municipal, domestic, and livestock;
3-26 (B) industrial and crop irrigation;
3-27 (C) residential landscape irrigation;
4-1 (D) recreational and pleasure; and
4-2 (E) other uses that are authorized by law.
4-3 Explanation: The change is needed to make clear that the
4-4 reduction in nondiscretionary use is required of permitted or
4-5 contractual users.
4-6 (6) House Rule 13, Sections 9(a)(1) and (4), are suspended
4-7 to allow the committee to add new Subsection (b) to Section 1.34
4-8 (House version Section 1.25, Senate version Section 1.35) of the
4-9 bill to read as follows, and to appropriately reletter the
4-10 subsequent subsection:
4-11 (b) The authority by rule may establish a procedure by which
4-12 a person who installs water conservation equipment may sell the
4-13 water conserved.
4-14 Explanation: The change is needed to provide for the sale of
4-15 conserved water by a person who installs conservation equipment.