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HB 5365

Relating to groundwater production restrictions imposed by certain conservation and reclamation districts for wells used wholly or partly for cemetery irrigation.

89th Legislature (2025) Introduced by Sergio Muñoz

Texas bill exempts cemetery irrigation wells from groundwater production restrictions imposed by conservation districts, potentially conflicting with regional aquifer sustainability efforts.

Referred to Natural Resources
#cemeteries(i0054) #drought(s0281) #specialdistricts&authorities--groundwaterconservedist.(i0013)
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Bill Summary · HB 5365

Legislative bill overview

HB 5365 would restrict the ability of conservation and reclamation districts in Texas to impose groundwater production limits on wells that are used wholly or partly for cemetery irrigation. The bill appears to create an exemption or limitation on district authority specifically for cemetery water usage, allowing cemeteries to maintain groundwater access despite district restrictions.

Why is this important

Texas faces ongoing groundwater depletion in many regions, and conservation districts use production restrictions as a primary tool to manage aquifer sustainability. This bill could create a conflict between groundwater conservation goals and cemetery maintenance needs, potentially affecting how districts balance competing water demands during drought conditions or in water-stressed areas.

Potential points of contention

  • Groundwater conservation vs. exemptions: Creates a carve-out from district authority that could undermine regional water management strategies designed to preserve aquifer levels for long-term sustainability
  • Equity concerns: May allow one land use (cemetery irrigation) preferential access to groundwater compared to agricultural, municipal, or industrial users also subject to restrictions
  • District governance: Limits the authority of locally-elected conservation district boards to make science-based decisions about groundwater allocation within their jurisdictions
  • Scope ambiguity: Unclear whether "wholly or partly" means minimal cemetery use could exempt a well from production limits, potentially creating loopholes

Compiled from official sources — confirm details with the bill’s official record.

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