HB 5365

relating to groundwater production restrictions imposed by certain
conservation and reclamation districts for wells used wholly or
partly for cemetery irrigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 714, Health and Safety Code, is amended
by adding Section 714.005 to read as follows:
Sec. 714.005.  LIMITATION ON POWER TO RESTRICT GROUNDWATER
PRODUCTION FOR WELL USED WHOLLY OR PARTLY FOR CEMETERY IRRIGATION.
(1)  "Cemetery" and "cemetery organization" have the
meanings assigned by Section 711.001.
(2)  "District" means any district or authority created
under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, that has the authority to regulate the spacing of
water wells, the production from water wells, or both.
(b)  Notwithstanding any contrary provision in Chapter 36,
Water Code, or a special law governing a district, a district may
not restrict the production of groundwater from a well used wholly
or partly to irrigate a cemetery:
(1)  during drought conditions, to an amount less than
80 percent of the total amount the district authorizes for
production during non-drought conditions; or
(2)  based on the availability of surface water or an
alternative water supply for irrigation.
(c)  A district may not assess a fee or other charge against a
cemetery or cemetery organization instead of limiting groundwater
production for cemetery irrigation.
SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.