1-1  By:  Sims                                              S.B. No. 965
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  April 27, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; April 27, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Sims               x                               
   1-10        Truan              x                               
   1-11        Armbrister         x                               
   1-12        Barrientos         x                               
   1-13        Bivins             x                               
   1-14        Brown                                          x   
   1-15        Carriker                                       x   
   1-16        Lucio              x                               
   1-17        Montford           x                               
   1-18        Ratliff                                        x   
   1-19        Shelley            x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 965               By:  Armbrister
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the authority of the Upper Guadalupe River Authority to
   1-24  appropriate state water for recharging certain underground fresh
   1-25  water bearing sands and aquifers.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Section 16, Chapter 5, page 1062, Special Laws,
   1-28  Acts of the 46th Legislature, Regular Session, 1939, is amended by
   1-29  adding Subsections (c) and (d) to read as follows:
   1-30        (c)  As a necessary aid to the conservation, control,
   1-31  preservation, and distribution of the water described in Subsection
   1-32  (a) of this section for beneficial use, the District shall have the
   1-33  right, power, privilege, function, and authority to obtain a permit
   1-34  from the Texas Natural Resource Conservation Commission to
   1-35  appropriate state water, including the ordinary or normal flow,
   1-36  subject to existing water rights, of the Upper Guadalupe River and
   1-37  its tributaries within the boundaries of the District for the
   1-38  purpose of recharging underground fresh water bearing sands and
   1-39  aquifers within the boundaries of the District.  The District may
   1-40  retrieve water for beneficial use from beneath land owned by the
   1-41  District or land owned by a person who has contracted with the
   1-42  District for the withdrawal of that water.   The District may make
   1-43  contracts with municipalities and other persons or entities located
   1-44  in Kerr County for the sale of that water.
   1-45        (d)  State water used to recharge underground fresh water
   1-46  bearing sands and aquifers under Subsection (c) of this section
   1-47  loses its character as state water and becomes percolating
   1-48  groundwater, subject to rules adopted by an underground water
   1-49  conservation district having jurisdiction.
   1-50        SECTION 2.  A reference in this Act to the Texas Natural
   1-51  Resource Conservation Commission is a reference to the Texas Water
   1-52  Commission or its successor if:
   1-53              (1)  the change in name of the Texas Water Commission
   1-54  to the Texas Natural Resource Conservation Commission does not take
   1-55  effect as provided by Section 1.085, Chapter 3, Acts of the 72nd
   1-56  Legislature, 1st Called Session, 1991;
   1-57              (2)  the transfer of the powers, duties, rights, and
   1-58  obligations of the Texas Water Commission to the Texas Natural
   1-59  Resource Conservation Commission does not take effect as provided
   1-60  by Chapter 3, Acts of the 72nd Legislature, 1st Called Session,
   1-61  1991; or
   1-62              (3)  the 73rd Legislature does not pass an Act that
   1-63  becomes law and provides for the transfer of certain powers,
   1-64  duties, rights, and obligations of the Texas Water Commission to
   1-65  the Texas Natural Resource Conservation Commission on or before
   1-66  September 1, 1993.
   1-67        SECTION 3.  The importance of this legislation and the
   1-68  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended,
    2-4  and that this Act take effect and be in force from and after its
    2-5  passage, and it is so enacted.
    2-6                               * * * * *
    2-7                                                         Austin,
    2-8  Texas
    2-9                                                         April 27, 1993
   2-10  Hon. Bob Bullock
   2-11  President of the Senate
   2-12  Sir:
   2-13  We, your Committee on Natural Resources to which was referred S.B.
   2-14  No. 965, have had the same under consideration, and I am instructed
   2-15  to report it back to the Senate with the recommendation that it do
   2-16  not pass, but that the Committee Substitute adopted in lieu thereof
   2-17  do pass and be printed.
   2-18                                                         Sims,
   2-19  Chairman
   2-20                               * * * * *
   2-21                               WITNESSES
   2-22                                                  FOR   AGAINST  ON
   2-23  ___________________________________________________________________
   2-24  Name:  Ken Kramer                                        x
   2-25  Representing:  Sierra Club
   2-26  City:  Austin
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   2-28  Name:  Bernard W. Bruns                          x
   2-29  Representing:  U.G.R.A
   2-30  City:  Kerrville
   2-31  -------------------------------------------------------------------
   2-32  Name:  Paul D. Thornhill                         x
   2-33  Representing:  U.G.R.A.
   2-34  City:  Austin
   2-35  -------------------------------------------------------------------
   2-36  Name:  Ed R. McCarthy                            x
   2-37  Representing:  U.G.R.A.
   2-38  City:  Austin
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