HBA-BSM H.B. 1389 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1389
By: Shields
Natural Resources
3/8/2001
Introduced



BACKGROUND AND PURPOSE 

Current law governing the Edwards Aquifer Authority provides definitions
for domestic or livestock use, industrial use, irrigation use, and
municipal use of water, but does not define agricultural use on
nonagricultural use of water.  The Edwards Aquifer Authority Board recently
adopted rules for assessing management fees for agriculture and
nonagriculture users, but classified  nursery owners growing plants above
ground in containers as nonagricultural use, resulting in the assessment of
higher aquifer management fees.  House Bill 1389 defines horticultural
products and provides that the use of water for horticultural products is
an irrigation use. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1389 amends law to provide that "horticultural products" means
nursery, floral, and greenhouse plants or plant products produced from
seeds, rootings, cuttings, tissue cultures, seedlings, or other propagation
materials and grown in the soil in containers by a nursery grower. 
The bill also provides that "irrigation use" means the use of water for the
irrigation of pastures, commercial crops, including orchards, and
horticultural products. 

EFFECTIVE DATE

September 1, 2001.