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