1-1 AN ACT 1-2 relating to the classification of the use of water for purposes of 1-3 fees and regulations imposed by the Edwards Aquifer Authority. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 1.03, Chapter 626, Acts of the 73rd 1-6 Legislature, Regular Session 1993, is amended by adding 1-7 Subdivisions (26) and (27) to read as follows: 1-8 (26) "Agricultural use" means any use or activity 1-9 involving any of the following activities: 1-10 (A) cultivating the soil to produce crops for 1-11 human food, animal feed, or planting seed or for the production 1-12 of fibers; 1-13 (B) the practice of floriculture, viticulture, 1-14 silviculture, and horticulture, including the cultivation of plants 1-15 in containers or nonsoil media, by a nursery grower; 1-16 (C) raising, feeding, or keeping animals for 1-17 breeding purposes or for the production of food or fiber, leather, 1-18 pelts, or other tangible products having a commercial value; 1-19 (D) wildlife management; 1-20 (E) raising or keeping equine animals; or 1-21 (F) planting cover crops, including cover crops 1-22 cultivated for transplantation, or leaving land idle for the 1-23 purpose of participating in a governmental program or normal crop 1-24 or livestock rotation procedures. 2-1 (27) "Nursery grower" means a person who grows more 2-2 than 50 percent of the products that the person either sells or 2-3 leases, regardless of the variety sold, leased, or grown. For the 2-4 purpose of this definition, "grow" means the actual cultivation or 2-5 propagation of the product beyond the mere holding or maintaining 2-6 of the item before sale or lease and typically includes activities 2-7 associated with the production or multiplying of stock, such as the 2-8 development of new plants from cuttings, grafts, plugs, or 2-9 seedlings. 2-10 SECTION 2. This Act takes effect immediately if it receives a 2-11 vote of two-thirds of all members elected to each house, as 2-12 provided by Section 39, Article III, Texas Constitution. If this 2-13 Act does not receive the votes necessary for immediate effect, this 2-14 Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3404 was passed by the House on April 27, 2001, by the following vote: Yeas 143, Nays 0, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 3404 on May 25, 2001, by the following vote: Yeas 105, Nays 0, 2 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 3404 was passed by the Senate, with amendments, on May 23, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor