| 1 | 1 | | By: Lopez of Bexar H.B. No. 435 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to certain improvements made to certain land subject to |
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| 7 | 7 | | inundation. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 11.090, Water Code, is amended to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Sec. 11.090. POLLUTING AND LITTERING. (a) A person may not |
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| 12 | 12 | | [No person may] deposit in any canal, lateral, reservoir, or lake, |
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| 13 | 13 | | used for a purpose named in this chapter, the carcass of any dead |
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| 14 | 14 | | animal, tin cans, discarded buckets or pails, garbage, ashes, |
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| 15 | 15 | | bailing or barbed wire, earth, offal, or refuse of any character or |
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| 16 | 16 | | any other article which might pollute the water or obstruct the flow |
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| 17 | 17 | | of a canal or similar structure. |
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| 18 | 18 | | (b) This subsection applies to land that is adjacent to a |
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| 19 | 19 | | body of water the level of which is subject to fluctuation. A |
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| 20 | 20 | | property owner that constructs or has constructed a structure or |
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| 21 | 21 | | improvement of any kind on land that is subject to inundation by a |
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| 22 | 22 | | body of water is considered in violation of Subsection (a). A |
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| 23 | 23 | | person who is injured or whose property is injured by a structure or |
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| 24 | 24 | | improvement constructed in violation of Subsection (a) has remedies |
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| 25 | 25 | | at law and in equity and may recover damages for the injury. |
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| 26 | 26 | | SECTION 2. This Act takes effect September 1, 2023. |
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