BILL ANALYSIS



S.B. 418
By: Armbrister (R. Lewis)
3-13-95
Committee Report (Unamended)


BACKGROUND
During the 73rd Legislature, S.B. 1477 repealed Article 8280-219,
V.T.C.S.  The U.S. Justice Department is currently blocking the
implementation of S.B. 1477 because it abolished an elected board
and replaced it with an appointed regional authority.


PURPOSE
As proposed, S.B. 418 authorizes the Edwards Aquifer Underground
Water District to grant money to a person for water conservation
equipment, technology, projects, and education.


RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS
SECTION 1. (a) Repealer: Section 1.41, Chapter 626, Acts of the
73rd Legislature, 1993 (Repealer; Transfers; Rules).

     (b) Provides that Article 8280-219, V.T.C.S., is not repealed
     by operation of Section 1.41, Chapter 626, Acts of the 73rd
     Legislature, 1993, and remains in effect as if that section
     had not been passed and signed into law.
     
     SECTION 2.     Amends Article 8280-219, V.T.C.S., by adding Section 3D,
as follows:

     Sec.  3D.  LOANS AND GRANTS.  Authorizes the Edwards
     Underground Water District (district) under authority granted
     by Section 52-a, Article III, Texas Constitution, to grant
     money to a person for water conservation equipment or
     technology for water conservation on land used for cultivation
     or ranching in the region, water conservation or development
     projects to assist growth of agriculture or economic
     development in the region, or education in the region to
     promote innovation agricultural water conservation practices.
     
     SECTION 3.     Emergency clause.
           Effective date: upon passage.


SUMMARY OF COMMITTEE ACTION
S.B.418 was considered by the committee in a public hearing on
February 27, 1995. 
The following persons testified in favor of the bill:
     Representative Alec Rhodes;
     Mr. Billy G. Moore, representing the City of San Marcos;  
     Mr. Doug Miller, representing New Braunfels Utilities, Comal
County, City of New Braunfels.

The following persons testified on the bill:
     Mr. Nelson W. Wolff, Mayor, City of San Antonio;
     Mr. Russell S. Johnson, representing San Antonio Water System;
     Mr. Steven P. Quarles, representing San Antonio Water System;
     Mr. Joe G. Moore, Jr., Court Monitor, representing Judge
Lucius Bunton, Federal District Court for the Western District of
Texas;
     Mr. Kent Caperton, representing himself and the Edwards
Underground Water District;
     Dr. Rae F. Blackerby, representing the Edwards Underground
Water District;
     Mr. Jack Willome, representing himself and Greater San Antonio
Chamber of Commerce. 
     
The following persons testified on and against the bill:
     Mr. Bill Clayton, Uvalde Water District;
     Representative Hilderbran.

The following persons testified against the bill:
     Mr. Ross Briggs;
     Representative Ciro Rodriguez;
     Mr. Carl A. Nentwich, representing himself;
     Mr. Danny McFadin, representing himself and Uvalde County Farm
Bureau;
     Ms. Virginia Friesenhahn, representing herself;
     Mr. Lawrence A. Friesenhahn, representing himself;
     Ms. Luana Buckner, General Manager, Medina County Underground
Water Conservation District, representing herself;
     Mr. Bill Powers, representing the Texas Farm Bureau;
     Ms. Kay Turner, representing herself and Protect Our Water;
     Mr. Paul Edwards, representing Uvalde County Underground Water
Conservation District;
     Mr. Rodney Reagan, representing Uvalde County Underground
Water Conservation District;
     Ms. Knoxie Johnson, representing herself and Uvalde County
Underground Water Conservation District;
     Mr. Vic Hilderbran, Uvalde County Underground Water
Conservation District;
     Mr. Tom Culbertson, representing Regional Clean Air & Water
Association; 
     Mr. Rene Neira, representing himself and Southside Alliance
for Economic Development;
     Mr. A. Maurice Rimkus, representing himself;
     Mr. Kirk Patterson, representing himself and Protect Our
Water;
     Ms. Cristin Hines, representing herself;
     Mr. Howard B. Shadrock; representing himself;
     Ms. Judith Sanders-Castro, representing LULAC of Texas and
LULAC District 15;
     Ms. Margaret Kemp, representing herself;
     Mr. James Hannah, representing himself and the Lake Medina
Conservation Society;
     Mr. Jack M. Finger, representing himself;
     Ms. Carol Patterson, representing herself and constituents.
The bill was left pending.


S.B.418 was considered by the committee in a public hearing on
February 28, 1995.
The following person testified on the bill:
     Mr. Samuel Issacharoff, Professor of Law, University of Texas
Law School.
The bill was left pending.


S.B.418 was considered by the committee in a public hearing on
March 6, 1995.
No testimony was taken.
The bill was left pending.

S.B.418 was considered by the committee in a public hearing on
March 13, 1995.
The following person testified on the bill:
     Mr. Joe G. Moore, Jr., Court Monitor, representing Judge
Lucius Bunton, Federal District Court for the Western District of
Texas.
The committee considered two (2) amendments to the bill.  One (1)
of those amendments was withdrawn.  The other one (1) of those
amendments was tabled by a record vote of five (5) Ayes, three (3)
Nays, one (1) PNV, zero (0) Absent.  The bill was reported
favorably without amendment with the recommendation that it do pass
and be printed, by a record vote of six (6) Ayes, two (2) Nays, one
(1) PNV, zero (0) Absent.