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