BILL ANALYSIS


Natural Resources Committee
C.S.H.B. 475
By: Willis
03-06-95
Committee Report (Substituted)

BACKGROUND
The Oakwood Cemetery in Ft. Worth, founded in 1879, lies on 66
acres on the banks of the Trinity River.  Within this area lies
three separate cemeteries: Oakwood, Calvary, and Trinity.  Many
Texans of distinction lie buried there. It is one of North Texas'
richest historical treasures.

However, while the cemetery has grown and prospered in its 116-year
history, its maintenance and care has been hindered by the
inadvertent forfeiture of its riparian rights in the early 1970s. 
The Oakwood Cemetery Board's current inability to draw water from
the Trinity River makes irrigation of the cemetery virtually
impossible in times of drought and hot weather due to the high cost
of water using being supplied by the City of Fort Worth.

PURPOSE
HB 475 would give a tax-exempt, non-profit corporation that owns a
cemetery the right to divert state water to irrigate the cemetery. 
This legislation corrects an unintended forfeiture of riparian
rights that the Oakwood Cemetery Association previously had for
many years.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

     SECTION 1. Amends Sec. 11.121, Water Code, by adding Sec.
11.1422 to the list of exceptions to the provision that no person
may appropriate any state water or begin construction of any work
designed for the storage, taking, or diversion of water without
first obtaining a permit from the commission to make the
appropriation.

     SECTION 2. Provides that, without a permit, under the proposed
new Sec. 11.1422, a tax-exempt, non-profit corporation that owns a
cemetery may divert from the river not more than 200 acre-feet of
water each year to irrigate the cemetery, if the cemetery both (1)
borders a river and (2) is more than 100 years old. 

The executive director or watermaster of the river in question may
restrict the diversion, if it will harm a person downstream of the
cemetery that acquired an effected water right before September 1,
1995.  The Executive Director or watermaster shall limit the
restriction to the extent of the harm and to the period of the
harm.

     SECTION 3. Effective Date; September 1, 1995.

     SECTION 4. Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE
The original bill, at Section 2, provides that any tax-exempt
nonprofit corporation that owns a cemetery that borders a river may
divert the water as specified.
The substitute, at Section 2, provides an additional requirement
that only a tax-exempt nonprofit corporation that owns a cemetery
that both (1) borders a river and (2) is more than 100 years old
may divert such water for said purposes.


SUMMARY OF COMMITTEE ACTION
HB 475 was considered by the committee in a public hearing on March
6, 1995.
The committee considered a complete substitute for the bill.
The substitute was adopted without objection.
The following persons testified in favor of the bill:
     The Honorable Pat Ferchill, representing himself; 
     Mr. J.B. Moates, President, Oakwood Cemetery Association,
representing .

The bill was reported favorably, as substituted, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 6
ayes, 0 nays, 0 pnv, 3 absent.