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