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Amend Floor Amendment No. 2 to CSSB 738 as follows:                          
	(1)  On page 2, lines 1-14, of Floor Amendment No. 2, amend 
proposed Subdivision (3) to Subsection (h) to Section 36.113, Water 
Code, to read as follows:
(3)  for an electric utility, a power generation 
company, or retail electric provider as defined by Section 31.002, 
Utilities Code, issue a permit based on the amount actually used as 
computed under and for the period established under Subsection (g) 
or Subdivision (1) of this subsection.
	(2)  On page 2, between lines 17 and 18, of Floor Amendment 
No. 2, insert the following new Subsection (j) to Section 36.113, 
Water Code, to read as follows:
	(j)  In issuing a permit for existing or historic use, a 
district may not discriminate against land or wells on land 
enrolled or participating in the federal conservation reserve 
program.  Notwithstanding any provision to the contrary in this 
chapter, a district that adopts rules related to the protection of 
existing or historic use which authorize a person who participated 
in the federal conservation reserve program during a period 
established by the district under Subsection (g) to establish 
existing or historic use based upon the person's groundwater 
production during a reasonable period of time established by the 
district prior to the person entering the federal conservation 
reserve program shall not be considered discriminatory against such 
a person for purposes of this chapter.
	(3)  On page 5, at the end of line 6, of Floor Amendment No. 
2, insert the following new Subsection (d) to the unnumbered 
Section of the bill that begins on page 4, line 4, of Floor 
Amendment No. 2 to read as follows:
	(d)  Notwithstanding Subdivision (3) of Subsection (h) of 
Section 36.113, Water Code, as added by this Act, a district that 
issues permits based on existing or historic use under Section 
36.113(e) or Section 36.116(b), Water Code, and implements 
Subsection (g) of Section 36.113, Water Code, may issue an electric 
utility, a power generation company, or retail electric provider as 
defined by Section 31.002, Utilities Code, a permit based on an 
amount necessary to annually provide sufficient groundwater for 
cooling, boiler make-up, and potable purposes for use at an 
existing or planned power generation facility using land or the 
right to produce groundwater from land that was acquired by the 
electric utility, power generation company, or retail electric 
provider before May 1, 2003, to supply water to power generation 
facilities that on that date existed or were planned for future 
construction.