Suspending limitations on conference committee
                            jurisdiction, H.B. 2890
       By ____________________                               H.R. No. ____
       74R14379 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, 74th Legislature, Regular Session, 1995, is
    1-4  suspended, as provided by Rule 13, Section 9(f), to the extent
    1-5  described in this resolution, to enable the conference committee
    1-6  appointed to resolve the differences on House Bill No. 2890,
    1-7  relating to the management of the Edwards Aquifer, to consider and
    1-8  take action on the following specific matters:
    1-9        (1)  House Rule 13, Section 9(a)(4), is suspended to permit
   1-10  the committee to amend Section 1.10(f), Chapter 626, Acts of the
   1-11  73rd Legislature, Regular Session, 1993, to read as follows:
   1-12        (f)  The advisory committee by resolution may request the
   1-13  board to reconsider any board action that the committee determines
   1-14  is <considered> prejudicial to downstream water interests.  If the
   1-15  board review does not result in a resolution satisfactory to the
   1-16  advisory committee and the action affects downstream water rights
   1-17  or water quality, changes fees or pumping limits, or materially
   1-18  impedes the advisory committee in exercising its duties under this
   1-19  article, the advisory committee by resolution may request the
   1-20  commission to review the action.  The commission shall hold a
   1-21  hearing to review the action before the 61st day after the date the
   1-22  commission receives the request and make a written determination of
   1-23  whether the action is prejudicial to downstream water interests or
   1-24  materially impedes the advisory committee.  In the determination,
    2-1  the commission shall affirm the board's action or recommend that
    2-2  the board modify or withdraw the action.  If the commission
    2-3  recommends that the board modify or withdraw an action and the
    2-4  board fails to modify or withdraw the action as recommended, the
    2-5  advisory committee may bring an action in district court to compel
    2-6  the board to act in conformance with the commission's
    2-7  recommendation <and may make a recommendation to the board.  If the
    2-8  board determines that the board's action is contrary to an action
    2-9  of the commission affecting downstream interests, the board shall
   2-10  reverse itself>.
   2-11        Explanation:  the amendment is necessary to narrow the scope
   2-12  of committee's right of appeal and to make the results of an appeal
   2-13  more certain.
   2-14        (2)  House Rule 13, Section 9(a)(2), is suspended to permit
   2-15  the committee to omit the amendment to Section 1.12, Chapter 626,
   2-16  Acts of the 73rd Legislature, Regular Session, 1993.
   2-17        Explanation:  the omission is necessary to provide certainty
   2-18  to the continued existence of the board of directors of the Edwards
   2-19  Aquifer Authority.
   2-20        (3)  House Rule 13, Section 9(a)(3), is suspended to permit
   2-21  the committee to amend Section 1.26(4) and to add Sections 1.26(5)
   2-22  and (6), Chapter 626, Acts of the 73rd Legislature, Regular
   2-23  Session, 1993, to read as follows:
   2-24              (4)  provide for exemptions for nondiscretionary use
   2-25  for United States Department of Defense mission;
   2-26              (5) <(4)>  require reductions <reduction> of
   2-27  nondiscretionary use other than exempt use by permitted or
    3-1  contractual users, to the extent further reductions are necessary,
    3-2  provided that the amount of such reductions that would have been
    3-3  required to be made by United States Department of Defense missions
    3-4  except for the exemption in subsection (4) of this section shall be
    3-5  apportioned among and required to be made by the nonexempt
    3-6  permitted or contractual users in Bexar County; and <in the reverse
    3-7  order of the following water use preferences:>
    3-8              (6)  require that the reductions under Subdivision (5)
    3-9  shall be in the reverse order of the following water use
   3-10  preferences;
   3-11                    (A)  municipal, domestic, and livestock;
   3-12                    (B)  industrial and crop irrigation;
   3-13                    (C)  residential landscape irrigation;
   3-14                    (D)  recreational and pleasure; and
   3-15                    (E)  other uses that are authorized by law.
   3-16        Explanation:  the amendment is necessary to clarify the
   3-17  Edwards Aquifer's Authority to order water use reductions for
   3-18  certain federal projects.
   3-19        (4)  House Rule 13, Section 9(a)(4), is suspended to permit
   3-20  the committee to amend Section 1.29, Chapter 626, Acts of the 73rd
   3-21  Legislature, Regular Session, 1993, by adding "or other underground
   3-22  water district".
   3-23        Explanation:  the conference committee agrees to prevent the
   3-24  Edwards Underground Water District from being abolished and,
   3-25  consequently, the amendment clarifies the district's role under the
   3-26  jurisdiction of the Edwards Aquifer Authority.
   3-27        (5)  House Rule 13, Sections 9(a)(2) and (4), is suspended to
    4-1  permit the committee to omit the language amending Section 1.41(d),
    4-2  Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993,
    4-3  and to substitute language repealing Section 1.41 of that chapter,
    4-4  to read as follows:
    4-5        SECTION 12.  (a) Section 1.41, Chapter 626, Acts of the 73rd
    4-6  Legislature, 1993, is repealed.
    4-7        (b)  Chapter 99, Acts of the 56th Legislature, Regular
    4-8  Session, 1959 (Article 8280-219, Vernon's Texas Civil Statutes), is
    4-9  not repealed by operation of Section 1.41, Chapter 626, Acts of the
   4-10  73rd Legislature, Regular Session, 1993, and remains in effect as
   4-11  if that section had not been enacted.
   4-12        Explanation:  the amendment is necessary to prevent the
   4-13  abolition of the Edwards Underground Water District under Chapter
   4-14  626, Acts of the 73rd Legislature, Regular Session, 1993.
   4-15        (6)  House Rule 13, Section 9(a)(4), is suspended to permit
   4-16  the committee to add Section 1.411, Chapter 626, Acts of the 73rd
   4-17  Legislature, Regular Session, 1993, to read as follows:
   4-18        Sec. 1.411.  INITIAL FUNDING OF AUTHORITY.  In order to fund
   4-19  the initial operations of the authority, the board of directors of
   4-20  the Edwards Underground Water District shall transfer to the
   4-21  authority $2.5 million from the district's funds before the 31st
   4-22  day after the date the temporary board of directors of the
   4-23  authority is authorized to act for the authority.
   4-24        Explanation:  the amendment is necessary to provide funding
   4-25  for the new Edwards Aquifer Authority because the repeal of Section
   4-26  1.41, Chapter 626, Acts of the 73rd Legislature, Regular Session,
   4-27  1993, removes the funding mechanism originally planned for the
    5-1  authority.
    5-2        (7)  House Rule 13, Section 9(a)(4), is suspended to permit
    5-3  the committee to add Section 1.425, Chapter 626, Acts of the 73rd
    5-4  Legislature, Regular Session, 1993, to read as follows:
    5-5        Sec. 1.425.  AUTHORITY OVERSIGHT OF AND COLLABORATION WITH
    5-6  EDWARDS UNDERGROUND WATER DISTRICT.  (a)  The relationship between
    5-7  the temporary board of directors created under Section 1.092 of
    5-8  this Article, the authority and the Edwards Underground Water
    5-9  District is governed as provided by this section.
   5-10        (b)  The Edwards Underground Water District shall obtain the
   5-11  approval of the board of the authority before the district:
   5-12              (1)  participates in litigation challenging this Act,
   5-13  the authority, or an action of the authority;
   5-14              (2)  incurs new debt;
   5-15              (3)  disposes of or acquires real estate;
   5-16              (4)  makes an expenditure or incurs an obligation
   5-17  greater than $50,000, with the exception of employment contracts
   5-18  and existing obligations; or
   5-19              (5)  enters into a contract the term of which extends
   5-20  beyond the date the district is scheduled to expire under Section
   5-21  2A, Chapter 99, Acts of the 56th Legislature, Regular Session, 1959
   5-22  (Article 8280-219), Vernon's Texas Civil Statutes).
   5-23        (c)  This section does not prohibit the Edwards Underground
   5-24  Water District from continuing to conduct district operations at
   5-25  the level the operations are conducted on the effective date of
   5-26  this section or from expanding the district's operations as is
   5-27  reasonably necessary and consistent with good business practices.
    6-1        (d)  The Edwards Underground Water District, at no expense to
    6-2  the authority or to the South Central Texas Water Advisory
    6-3  Committee, shall cooperate with and assist the authority and
    6-4  advisory committee in carrying out both of the entities'
    6-5  responsibilities under this article until each entity has the staff
    6-6  necessary to operate independently.  To the extent it does not
    6-7  conflict with the normal operations of the district, the district
    6-8  shall provide the authority and advisory committee, at no expense
    6-9  to the authority or advisory committee, office space, meeting
   6-10  space, and equipment until each entity acquires office space,
   6-11  meeting space and equipment.
   6-12        Explanation:  the amendment is necessary to clarify the
   6-13  relationship between the two entities because the authority was
   6-14  originally planned to operate without the district in place.
   6-15        (8)  House Rule 13, Section 9(a)(4), is suspended to permit
   6-16  the committee to amend Chapter 99, Acts of the 56th Legislature,
   6-17  Regular Session, 1959 (Article 8280-219, Vernon's Texas Civil
   6-18  Statutes), by adding Section 2A to read as follows:
   6-19        Sec. 2A.  SUNSET REVIEW.  (a)  The District is subject to
   6-20  review under Chapter 325, Government Code (Texas Sunset Act).
   6-21  Unless continued in existence as provided by that chapter, the
   6-22  District is abolished and this Act expires on September 1, 1997.
   6-23        (b)  Notwithstanding Subsection (a) of this section, if
   6-24  Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993,
   6-25  takes effect during the period for Sunset Advisory Commission
   6-26  review of the District as prescribed by Subsection (a) of this
   6-27  section:
    7-1              (1)  the period for review is the first period for
    7-2  review under Chapter 325, Government Code (Texas Sunset Act), that
    7-3  follows the date on which Chapter 626, Acts of the 73rd
    7-4  Legislature, Regular Session, 1993, takes effect; and
    7-5              (2)  unless continued in effect as provided by Chapter
    7-6  325, Government Code (Texas Sunset Act), the District is abolished
    7-7  and this Act expires on September 1 of the odd-numbered year of the
    7-8  review cycle.
    7-9        Explanation:  the amendment is necessary to provide for
   7-10  orderly and reasoned transition between management of the Edwards
   7-11  Aquifer by the Edwards Underground Water District and the Edwards
   7-12  Aquifer Authority.
   7-13  ¯BEGCAPTIONÆ
   7-14  Suspending limitations on conference committee jurisdiction, H.B.
   7-15  2890.
   7-16  ¯ENDCAPTIONÆ