Suspending limitations on conference committee
                            jurisdiction, H.B. 2890
       By ____________________                               S.R. No. ____
       74R14380 JJT-D
                                  R E S O L U T I O N
    1-1        BE IT RESOLVED by the Senate of the State of Texas, That Rule
    1-2  12.03, Rules of the Senate, 74th Legislature, Regular Session,
    1-3  1995, is suspended, as provided by Rule 12.08, to the extent
    1-4  described in this resolution, to enable the conference committee
    1-5  appointed to resolve the differences on House Bill No. 2890,
    1-6  relating to the management of the Edwards Aquifer, to consider and
    1-7  take action on the following specific matters:
    1-8        (1)  Senate Rule 12.03(4) is suspended to permit the
    1-9  committee to amend Section 1.10(f), Chapter 626, Acts of the 73rd
   1-10  Legislature, Regular Session, 1993, to read as follows:
   1-11        (f)  The advisory committee by resolution may request the
   1-12  board to reconsider any board action that the committee determines
   1-13  is <considered> prejudicial to downstream water interests.  If the
   1-14  board review does not result in a resolution satisfactory to the
   1-15  advisory committee and the action affects downstream water rights
   1-16  or water quality, changes fees or pumping limits, or materially
   1-17  impedes the advisory committee in exercising its duties under this
   1-18  article, the advisory committee by resolution may request the
   1-19  commission to review the action.  The commission shall hold a
   1-20  hearing to review the action before the 61st day after the date the
   1-21  commission receives the request and make a written determination of
   1-22  whether the action is prejudicial to downstream water interests or
   1-23  materially impedes the advisory committee.  In the determination,
   1-24  the commission shall affirm the board's action or recommend that
    2-1  the board modify or withdraw the action.  If the commission
    2-2  recommends that the board modify or withdraw an action and the
    2-3  board fails to modify or withdraw the action as recommended, the
    2-4  advisory committee may bring an action in district court to compel
    2-5  the board to act in conformance with the commission's
    2-6  recommendation <and may make a recommendation to the board.  If the
    2-7  board determines that the board's action is contrary to an action
    2-8  of the commission affecting downstream interests, the board shall
    2-9  reverse itself>.
   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)  Senate Rule 12.03(2) is suspended to permit the
   2-14  committee to omit the amendment to Section 1.12, Chapter 626, Acts
   2-15  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)  Senate Rule 12.03(3) is suspended to permit the
   2-20  committee to amend Section 1.26(4) and to add Sections 1.26(5) and
   2-21  (6), Chapter 626, Acts of the 73rd Legislature, Regular Session,
   2-22  1993, to read as follows:
   2-23              (4)  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
   2-27  contractual users, to the extent further reductions are necessary,
    3-1  provided that the amount of such reductions that would have been
    3-2  required to be made by United States Department of Defense missions
    3-3  except for the exemption in subsection (4) of this section shall be
    3-4  apportioned among and required to be made by the nonexempt
    3-5  permitted or contractual users in Bexar County; and <in the reverse
    3-6  order of the following water use preferences:>
    3-7              (6)  require that the reductions under Subdivision (5)
    3-8  shall be in the reverse order of the following water use
    3-9  preferences;
   3-10                    (A)  municipal, domestic, and livestock;
   3-11                    (B)  industrial and crop irrigation;
   3-12                    (C)  residential landscape irrigation;
   3-13                    (D)  recreational and pleasure; and
   3-14                    (E)  other uses that are authorized by law.
   3-15        Explanation:  the amendment is necessary to clarify the
   3-16  Edwards Aquifer's Authority to order water use reductions for
   3-17  certain federal projects.
   3-18        (4)  Senate Rule 12.03(4) is suspended to permit the
   3-19  committee to amend Section 1.29, Chapter 626, Acts of the 73rd
   3-20  Legislature, Regular Session, 1993, by adding "or other underground
   3-21  water district".
   3-22        Explanation:  the conference committee agrees to prevent the
   3-23  Edwards Underground Water District from being abolished and,
   3-24  consequently, the amendment clarifies the district's role under the
   3-25  jurisdiction of the Edwards Aquifer Authority.
   3-26        (5)  Senate Rules 12.03(2) and (4) are suspended to permit
   3-27  the committee to omit the language amending Section 1.41(d),
    4-1  Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993,
    4-2  and to substitute language repealing Section 1.41 of that chapter,
    4-3  to read as follows:
    4-4        SECTION 12.  (a) Section 1.41, Chapter 626, Acts of the 73rd
    4-5  Legislature, 1993, is repealed.
    4-6        (b)  Chapter 99, Acts of the 56th Legislature, Regular
    4-7  Session, 1959 (Article 8280-219, Vernon's Texas Civil Statutes), is
    4-8  not repealed by operation of Section 1.41, Chapter 626, Acts of the
    4-9  73rd Legislature, Regular Session, 1993, and remains in effect as
   4-10  if that section had not been enacted.
   4-11        Explanation:  the amendment is necessary to prevent the
   4-12  abolition of the Edwards Underground Water District under Chapter
   4-13  626, Acts of the 73rd Legislature, Regular Session, 1993.
   4-14        (6)  Senate Rule 12.03(4) is suspended to permit the
   4-15  committee to add Section 1.411, Chapter 626, Acts of the 73rd
   4-16  Legislature, Regular Session, 1993, to read as follows:
   4-17        Sec. 1.411.  INITIAL FUNDING OF AUTHORITY.  In order to fund
   4-18  the initial operations of the authority, the board of directors of
   4-19  the Edwards Underground Water District shall transfer to the
   4-20  authority $2.5 million from the district's funds before the 31st
   4-21  day after the date the temporary board of directors of the
   4-22  authority is authorized to act for the authority.
   4-23        Explanation:  the amendment is necessary to provide funding
   4-24  for the new Edwards Aquifer Authority because the repeal of Section
   4-25  1.41, Chapter 626, Acts of the 73rd Legislature, Regular Session,
   4-26  1993, removes the funding mechanism originally planned for the
   4-27  authority.
    5-1        (7)  Senate Rule 12.03(4) is suspended to permit the
    5-2  committee to add Section 1.425, Chapter 626, Acts of the 73rd
    5-3  Legislature, Regular Session, 1993, to read as follows:
    5-4        Sec. 1.425.  AUTHORITY OVERSIGHT OF AND COLLABORATION WITH
    5-5  EDWARDS UNDERGROUND WATER DISTRICT.  (a)  The relationship between
    5-6  the temporary board of directors created under Section 1.092 of
    5-7  this Article, the authority and the Edwards Underground Water
    5-8  District is governed as provided by this section.
    5-9        (b)  The Edwards Underground Water District shall obtain the
   5-10  approval of the board of the authority before the district:
   5-11              (1)  participates in litigation challenging this Act,
   5-12  the authority, or an action of the authority;
   5-13              (2)  incurs new debt;
   5-14              (3)  disposes of or acquires real estate;
   5-15              (4)  makes an expenditure or incurs an obligation
   5-16  greater than $50,000, with the exception of employment contracts
   5-17  and existing obligations; or
   5-18              (5)  enters into a contract the term of which extends
   5-19  beyond the date the district is scheduled to expire under Section
   5-20  2A, Chapter 99, Acts of the 56th Legislature, Regular Session, 1959
   5-21  (Article 8280-219), Vernon's Texas Civil Statutes).
   5-22        (c)  This section does not prohibit the Edwards Underground
   5-23  Water District from continuing to conduct district operations at
   5-24  the level the operations are conducted on the effective date of
   5-25  this section or from expanding the district's operations as is
   5-26  reasonably necessary and consistent with good business practices.
   5-27        (d)  The Edwards Underground Water District, at no expense to
    6-1  the authority or to the South Central Texas Water Advisory
    6-2  Committee, shall cooperate with and assist the authority and
    6-3  advisory committee in carrying out both of the entities'
    6-4  responsibilities under this article until each entity has the staff
    6-5  necessary to operate independently.  To the extent it does not
    6-6  conflict with the normal operations of the district, the district
    6-7  shall provide the authority and advisory committee, at no expense
    6-8  to the authority or advisory committee, office space, meeting
    6-9  space, and equipment until each entity acquires office space,
   6-10  meeting space and equipment.
   6-11        Explanation:  the amendment is necessary to clarify the
   6-12  relationship between the two entities because the authority was
   6-13  originally planned to operate without the district in place.
   6-14        (8)  Senate Rule 12.03(4) is suspended to permit the
   6-15  committee to amend Chapter 99, Acts of the 56th Legislature,
   6-16  Regular Session, 1959 (Article 8280-219, Vernon's Texas Civil
   6-17  Statutes), by adding Section 2A to read as follows:
   6-18        Sec. 2A.  SUNSET REVIEW.  (a)  The District is subject to
   6-19  review under Chapter 325, Government Code (Texas Sunset Act).
   6-20  Unless continued in existence as provided by that chapter, the
   6-21  District is abolished and this Act expires on September 1, 1997.
   6-22        (b)  Notwithstanding Subsection (a) of this section, if
   6-23  Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993,
   6-24  takes effect during the period for Sunset Advisory Commission
   6-25  review of the District as prescribed by Subsection (a) of this
   6-26  section:
   6-27              (1)  the period for review is the first period for
    7-1  review under Chapter 325, Government Code (Texas Sunset Act), that
    7-2  follows the date on which Chapter 626, Acts of the 73rd
    7-3  Legislature, Regular Session, 1993, takes effect; and
    7-4              (2)  unless continued in effect as provided by Chapter
    7-5  325, Government Code (Texas Sunset Act), the District is abolished
    7-6  and this Act expires on September 1 of the odd-numbered year of the
    7-7  review cycle.
    7-8        Explanation:  the amendment is necessary to provide for
    7-9  orderly and reasoned transition between management of the Edwards
   7-10  Aquifer by the Edwards Underground Water District and the Edwards
   7-11  Aquifer Authority.
   7-12  ¯BEGCAPTIONÆ
   7-13  Suspending limitations on conference committee jurisdiction, H.B.
   7-14  2890.
   7-15  ¯ENDCAPTIONÆ