H.R. No. 873
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
2-1 the governing body of the Evergreen Underground Water District, by
2-2 the Medina Underground Water Conservation District, or by the
2-3 Uvalde County Underground Water Conservation District, with the
2-4 person appointed by the Evergreen Underground Water District
2-5 serving the first term, followed by a person appointed by the
2-6 Medina Underground Water Conservation District to serve the second
2-7 term, followed by a person appointed by the Uvalde County
2-8 Underground Water Conservation District to serve the third term,
2-9 and rotating in that order of appointment for subsequent terms.
2-10 Explanation: The amendment is needed to specify the board
2-11 members who serve in rotation and the method of their appointment.
2-12 (3) House Rule 13, Section 9(a)(1), is suspended to permit
2-13 the committee to amend Section 1.14(d) (House version Section
2-14 1.14(e), Senate version Section 1.15(d)) of the bill to read as
2-15 follows:
2-16 (d) If, through studies and implementation of water
2-17 management strategies, including conservation, springflow
2-18 augmentation, diversions downstream of the springs, reuse,
2-19 supplemental recharge, conjunctive management of surface and
2-20 subsurface water, and drought management plans, the authority
2-21 determines that additional supplies are available from the aquifer,
2-22 the authority, in consultation with appropriate state and federal
2-23 agencies, may review and may increase the maximum amount of
2-24 withdrawals provided by this section and set a different maximum
2-25 amount of withdrawals.
3-1 Explanation: The change is needed to provide that the
3-2 authority may increase but not decrease the maximum amount of
3-3 withdrawals under the section.
3-4 (4) House Rule 13, Section 9(a)(1), is suspended to permit
3-5 the committee to amend Section 1.14(f) (House version Section
3-6 1.14(f), Senate version Section 1.15(e)) of the bill to read as
3-7 follows:
3-8 (f) If the level of the aquifer is equal to or greater than
3-9 650 feet above mean sea level as measured at Well J-17, the
3-10 authority may authorize withdrawal from the San Antonio pool, on an
3-11 uninterruptible basis, of permitted amounts. If the level of the
3-12 aquifer is equal to or greater than 845 feet at Well J-27, the
3-13 authority may authorize withdrawal from the Uvalde pool, on an
3-14 uninterruptible basis, of permitted amounts. The authority shall
3-15 limit the additional withdrawals to ensure that springflows are not
3-16 affected during critical drought conditions.
3-17 Explanation: The change is needed to set the aquifer levels
3-18 at 650 feet at Well J-17 and at 845 feet at Well J-27 and to give
3-19 the authority power to authorize on an uninterruptible basis the
3-20 withdrawal of permitted amounts at the stated levels.
3-21 (5) House Rule 13, Sections 9(a)(1) and (4), are suspended
3-22 to allow the committee to amend Section 1.26(4) (House version
3-23 1.17(4), Senate version 1.27(3)) to read as follows:
3-24 (4) require reduction of nondiscretionary use by
3-25 permitted or contractual users, to the extent further reductions
4-1 are necessary, in the reverse order of the following water use
4-2 preferences:
4-3 (A) municipal, domestic, and livestock;
4-4 (B) industrial and crop irrigation;
4-5 (C) residential landscape irrigation;
4-6 (D) recreational and pleasure; and
4-7 (E) other uses that are authorized by law.
4-8 Explanation: The change is needed to make clear that the
4-9 reduction in nondiscretionary use is required of permitted or
4-10 contractual users.
4-11 (6) House Rule 13, Sections 9(a)(1) and (4), are suspended
4-12 to allow the committee to add new Subsection (b) to Section 1.34
4-13 (House version Section 1.25, Senate version Section 1.35) of the
4-14 bill to read as follows, and to appropriately reletter the
4-15 subsequent subsection:
4-16 (b) The authority by rule may establish a procedure by which
4-17 a person who installs water conservation equipment may sell the
4-18 water conserved.
4-19 Explanation: The change is needed to provide for the sale of
4-20 conserved water by a person who installs conservation equipment.
4-21 (7) House Rule 13, Section 9(a)(4), is suspended to allow
4-22 the committee to add new Section 3.04 of the bill to read as
4-23 follows:
4-24 SECTION 3.04. COOPERATION. All state and local governmental
4-25 entities are hereby directed to cooperate with the authority to the
5-1 maximum extent practicable so that the authority can best be able
5-2 to accomplish the purposes set forth under Article 3. The
5-3 authority shall, on or before January 1, 1995, submit a report to
5-4 the governor, lieutenant governor, and speaker of the house,
5-5 evaluating the extent to which other entities have cooperated and
5-6 assisted the authority.
5-7 Explanation: The change is needed to require state and local
5-8 governmental entities to cooperate with the authority and to
5-9 require a report on the extent of cooperation.
5-10 Explanation: The change is needed to require state and local
5-11 governmental entities to cooperate with the authority and to
5-12 require a report on the extent of cooperation.
5-13 Lewis
5-14 H.R. No. 873
5-15 _______________________________
5-16 Speaker of the House
5-17 I certify that H.R. No. 873 was adopted by the House on May
5-18 30, 1993, by a non-record vote.
5-19 _______________________________
5-20 Chief Clerk of the House