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