1-1     By:  King of Uvalde (Senate Sponsor - Armbrister)     H.B. No. 3404
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     May 1, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-6     May 11, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 3404              By:  Barrientos
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the classification of the use of water for purposes of
1-11     fees and regulations imposed by the Edwards Aquifer Authority.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 1.03, Chapter 626, Acts of the 73rd
1-14     Legislature, regular Session 1993, is amended by adding
1-15     Subdivisions (26) and (27) to read as follows:
1-16                 (26)  "Agricultural use" means any use or activity
1-17     involving any of the following activities:
1-18                       (A)  cultivating the soil to produce crops for
1-19     human food, animal feed, or planting seed or for the production of
1-20     fibers;
1-21                       (B)  the practice of floriculture, viticulture,
1-22     silviculture, and horticulture, including the cultivation of plants
1-23     in containers or nonsoil media, by a nursery grower;
1-24                       (C)  raising, feeding, or keeping animals for
1-25     breeding purposes or for the production of food or fiber, leather,
1-26     pelts, or other tangible products having a commercial value;
1-27                       (D)  wildlife management;
1-28                       (E)  raising or keeping equine animals; or
1-29                       (F)  planting cover crops, including cover crops
1-30     cultivated for transplantation, or leaving land idle for the
1-31     purpose of participating in a governmental program or normal crop
1-32     or livestock rotation procedures.
1-33                 (27)  "Nursery grower" means a person who grows more
1-34     than 50 percent of the products that the person either sells or
1-35     leases, regardless of the variety sold, leased, or grown.  For the
1-36     purpose of this definition, "grow" means the actual cultivation or
1-37     propagation of the product beyond the mere holding or maintaining
1-38     of the item before sale or lease and typically includes activities
1-39     associated with the production or multiplying of stock, such as the
1-40     development of new plants from cuttings, grafts, plugs, or
1-41     seedlings.
1-42           SECTION 2.  This Act takes effect immediately if it receives
1-43     a vote of two-thirds of all members elected to each house, as
1-44     provided by Section 39, Article III, Texas Constitution.  If this
1-45     Act does not receive the votes necessary for immediate effect, this
1-46     Act takes effect September 1, 2001.
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