BILL ANALYSIS


                                                     C.S.H.B. 475
                                             By: Willis (Sponsor)
                                                            Water
                                                          4-28-95
                            Senate Committee Report (Substituted)
BACKGROUND

The Oakwood Cemetery in Fort Worth, founded in 1879, lies on 66
acres on the banks of the Trinity River.  While the cemetery has
grown and prospered in its 116-year history, its maintenance and
care have been hindered by the inadvertent forfeiture of its
riparian rights in the early 1970s.  The current prohibition
against drawing water from the Trinity River makes irrigation of
Oakwood Cemetery virtually impossible in times of drought and hot
weather due to the high costs of water supplied by the City of Fort
Worth.

PURPOSE

As proposed, C.S.H.B. 475 authorizes tax-exempt nonprofit
corporations that own certain cemeteries to divert state water to
irrigate those cemeteries.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.121, Water Code, to prohibit a person
from appropriating any state water without obtaining a permit to
make the appropriation, except as provided under Section 11.1422 of
this code.

SECTION 2. Amends Chapter 11D, Water Code, by adding Section
11.1422, as follows:

     Sec. 11.1422.  PERMIT EXEMPTION FOR HISTORIC CEMETERIES.  (a)
     Authorizes a tax-exempt nonprofit corporation that owns a
     cemetery, without obtaining a permit, to divert from a river
     not more than 200 acre-feet of water each year to irrigate the
     grounds of the cemetery if the cemetery borders the river and
     is more than 100 years old.
     
     (b) Authorizes the executive director or a watermaster who
       has jurisdiction over the river from which a cemetery
       diverts water under this section to restrict a diversion
       authorized by this section, if the executive director or
       watermaster determines the diversion will harm a person
       downstream of the cemetery who acquired a water right before
       the date this section took effect.  Requires the executive
       director or watermaster to limit the restriction to the
       extent and period of the harm.
       
SECTION 3. Emergency clause.
           Effective date: upon passage.