By: Armbrister S.R. No. 1277
1-10 626, Acts of the 73rd Legislature, Regular Session, 1993, to read
1-11 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,
1-25 the commission shall affirm the board's action or recommend that
2-10 Explanation: the amendment is necessary to narrow the scope
2-11 of committee's right of appeal and to make the results of an appeal
2-12 more certain.
2-13 (2) Subdivision (2), Senate Rule 12.03, is suspended to
2-14 permit the committee to omit the amendment to Section 1.12, Chapter
2-15 626, Acts of the 73rd Legislature, Regular Session, 1993.
2-16 Explanation: the omission is necessary to provide certainty
2-17 to the continued existence of the board of directors of the Edwards
2-18 Aquifer Authority.
2-19 (3) Subdivision (3), Senate Rule 12.03, is suspended to
2-20 permit the committee to amend Subdivision (4), Section 1.26, and to
2-21 add Subdivisions (5) and (6), Section 1.26, Chapter 626, Acts of
2-22 the 73rd Legislature, Regular Session, 1993, to read as follows:
2-23 (4) þ_provide for exemptions for nondiscretionary use
2-24 for United States Department of Defense mission;
2-25 (5) <(4)> require reductions <reduction> of
2-26 nondiscretionary use other than exempt use by permitted or
3-10 preferences;ää
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) Subdivision (4), Senate Rule 12.03, is suspended to
3-20 permit the committee to amend Section 1.29, Chapter 626, Acts of
3-21 the 73rd Legislature, Regular Session, 1993, by adding "or other
3-22 underground 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.
4-10 not repealed by operation of Section 1.41, Chapter 626, Acts of the
4-11 73rd Legislature, Regular Session, 1993, and remains in effect as
4-12 if that section had not been enacted.
4-13 Explanation: the amendment is necessary to prevent the
4-14 abolition of the Edwards Underground Water District under Chapter
4-15 626, Acts of the 73rd Legislature, Regular Session, 1993.
4-16 (6) Subdivision (4), Senate Rule 12.03, is suspended to
4-17 permit the committee to add Section 1.411, Chapter 626, Acts of the
4-18 73rd Legislature, Regular Session, 1993, to read as follows:
4-19 Sec. 1.411. INITIAL FUNDING OF AUTHORITY. In order to fund
4-20 the initial operations of the authority, the board of directors of
4-21 the Edwards Underground Water District shall transfer to the
4-22 authority $2.5 million from the district's funds before the 31st
4-23 day after the date the temporary board of directors of the
4-24 authority is authorized to act for the authority.
4-25 Explanation: the amendment is necessary to provide funding
4-26 for the new Edwards Aquifer Authority because the repeal of Section
5-10 this Article, the authority and the Edwards Underground Water
5-11 District is governed as provided by this section.ää
5-12 (b) The Edwards Underground Water District shall obtain the
5-13 approval of the board of the authority before the district:
5-14 (1) participates in litigation challenging this Act,
5-15 the authority, or an action of the authority;
5-16 (2) incurs new debt;
5-17 (3) disposes of or acquires real estate;
5-18 (4) makes an expenditure or incurs an obligation
5-19 greater than $50,000, with the exception of employment contracts
5-20 and existing obligations; or
5-21 (5) enters into a contract the term of which extends
5-22 beyond the date the district is scheduled to expire under Section
5-23 2A, Chapter 99, Acts of the 56th Legislature, Regular Session, 1959
5-24 (Article 8280-219), Vernon's Texas Civil Statutes).
5-25 (c) This section does not prohibit the Edwards Underground
5-26 Water District from continuing to conduct district operations at
6-10 conflict with the normal operations of the district, the district
6-11 shall provide the authority and advisory committee, at no expense
6-12 to the authority or advisory committee, office space, meeting
6-13 space, and equipment until each entity acquires office space,
6-14 meeting space and equipment.
6-15 Explanation: the amendment is necessary to clarify the
6-16 relationship between the two entities because the authority was
6-17 originally planned to operate without the district in place.
6-18 (8) Subdivision (4), Senate Rule 12.03, is suspended to
6-19 permit the committee to amend Chapter 99, Acts of the 56th
6-20 Legislature, Regular Session, 1959 (Article 8280-219, Vernon's
6-21 Texas Civil Statutes), by adding Section 2A to read as follows:
6-22 Sec. 2A. SUNSET REVIEW. (a) The District is subject to
6-23 review under Chapter 325, Government Code (Texas Sunset Act).
6-24 Unless continued in existence as provided by that chapter, the
6-25 District is abolished and this Act expires on September 1, 1997.
6-26 (b) Notwithstanding Subsection (a) of this section, if
7-10 325, Government Code (Texas Sunset Act), the District is abolished
7-11 and this Act expires on September 1 of the odd-numbered year of the
7-12 review cycle.
7-13 Explanation: the amendment is necessary to provide for
7-14 orderly and reasoned transition between management of the Edwards
7-15 Aquifer by the Edwards Underground Water District and the Edwards
7-16 Aquifer Authority.
7-17 ______________________________________
7-18 President of the Senate
7-19 I hereby certify that the above
7-20 Resolution was adopted by the Senate
7-21 on May 27, 1995, by the following
7-22 vote: Yeas 31, Nays 0.
7-23 ______________________________________
7-24 Secretary of the Senate