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


Senate Research CenterC.S.S.B. 1377
By: Armbrister
                Natural Resources
4/17/2003
Committee Report (Substituted)

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.  C.S.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.  Furthermore, the bill provides
that this prohibition does not apply to the Edwards Aquifer Authority. 

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 enrolled or
participated in a government program. 

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

(b)  Provides that the change in law made by this Act to Section 36.002,
Subsection (a), Section 36.101, and Section 36.113, Water Code, applies to
all rules adopted by a groundwater conservation district before, on, or
after the effective date of this Act, except as provided by Subsection (c)
of this section. 

(c)  Provides that the change in law made by this Act to Section 36.002,
Subsection (a), Section 36.101, and Section 36.113, Water Code, does not
apply to rules adopted by the Edwards Aquifer Authority.