Amend ]SB 289   as follows:
      (1)  Strike SECTION 1 of the bill on page 1, beginning on
line 5 of the enrolled version and substitute the following:
      SECTION 1.  Section 11.329, Water Code, is amended by adding
Subsection (g) to read as follows:
      (g)  The commission may not assess costs under this section
against a holder of a non-priority hydroelectric right that owns or
operates privately-owned facilities that collectively have a
capacity of less than two megawatts.  This subsection is not
intended to affect in any way the fees assessed on a water right
holder by the commission under Chapter 626 1.29(d), Acts of the
73rd Legislature, Regular Session, 1993.  For purposes of Chapter
626 1.29(d), Acts of the 73rd Legislature, Regular Session, 1993, a
holder of a non-priority hydroelectric right that owns or operates
privately-owned facilities that collectively have a capacity of
less than two megawatts shall be assessed fees at the same rate per
acre-foot charged to a holder of a non-priority hydroelectric right
that owns or operates privately-owned facilities that collectively
have a capacity of more than two megawatts.