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. 1-47 * * * * *