| 1 | 1 | | By: Muñoz H.B. No. 5365 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to groundwater production restrictions imposed by certain |
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| 9 | 9 | | conservation and reclamation districts for wells used wholly or |
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| 10 | 10 | | partly for cemetery irrigation. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 714, Health and Safety Code, is amended |
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| 13 | 13 | | by adding Section 714.005 to read as follows: |
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| 14 | 14 | | Sec. 714.005. LIMITATION ON POWER TO RESTRICT GROUNDWATER |
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| 15 | 15 | | PRODUCTION FOR WELL USED WHOLLY OR PARTLY FOR CEMETERY IRRIGATION. |
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| 16 | 16 | | (a) In this section: |
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| 17 | 17 | | (1) "Cemetery" and "cemetery organization" have the |
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| 18 | 18 | | meanings assigned by Section 711.001. |
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| 19 | 19 | | (2) "District" means any district or authority created |
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| 20 | 20 | | under Section 52, Article III, or Section 59, Article XVI, Texas |
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| 21 | 21 | | Constitution, that has the authority to regulate the spacing of |
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| 22 | 22 | | water wells, the production from water wells, or both. |
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| 23 | 23 | | (b) Notwithstanding any contrary provision in Chapter 36, |
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| 24 | 24 | | Water Code, or a special law governing a district, a district may |
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| 25 | 25 | | not restrict the production of groundwater from a well used wholly |
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| 26 | 26 | | or partly to irrigate a cemetery: |
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| 27 | 27 | | (1) during drought conditions, to an amount less than |
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| 28 | 28 | | 80 percent of the total amount the district authorizes for |
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| 29 | 29 | | production during non-drought conditions; or |
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| 30 | 30 | | (2) based on the availability of surface water or an |
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| 31 | 31 | | alternative water supply for irrigation. |
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| 32 | 32 | | (c) A district may not assess a fee or other charge against a |
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| 33 | 33 | | cemetery or cemetery organization instead of limiting groundwater |
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| 34 | 34 | | production for cemetery irrigation. |
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| 35 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2025. |
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