SRC-TAG S.B. 1377 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1377
By: Armbrister
Natural Resources
4/4/2003
As Filed


DIGEST AND PURPOSE 

Currently, a majority of states treat crop reserve program farms as
"active" farms for all purposes of farm program benefits.  However, some
underground water districts in Texas are attempting to treat farms in
federal crop reserve programs as non-active farms for the purpose of water
allocations insofar as validation permits and exportation permits are
concerned.  As proposed, S.B. 1377 prohibits an underground water
conservation district from discriminating against farms within the
district because the farms are in federal crop reserve program. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 36.002, Water Code, to prohibit a rule
promulgated by a water district from discriminating against owners of land
or their lessees and assigns whose land is enrolled or participating in a
government program.   

SECTION 2.  Amends Section 36.101(a), Water Code, to require the board of
a water district (board) during the rulemaking process to consider all
groundwater uses and needs and to develop rules which are fair and
impartial and that do not discriminate between land in production and land
enrolled or participating in a government program. 

SECTION 3.  Amends Section 36.113, Water Code, by adding Subsection (h),
to prohibit a district, in issuing a permit for an existing or historic
use, from discriminating against land or wells on the land that has been
enrolled or participated in a government program. 

SECTION 4.  Effective date: upon passage or September 1, 2003.