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