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