| 1 | 1 | | 88S30740 ANG-D |
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| 2 | 2 | | By: Cunningham H.B. No. 153 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of the criminal offense of diverting or |
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| 8 | 8 | | impounding the flow of surface water in a manner that damages the |
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| 9 | 9 | | property of another by the overflow of the water diverted or |
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| 10 | 10 | | impounded. |
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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. Subchapter E, Chapter 7, Water Code, is amended |
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| 13 | 13 | | by adding Section 7.1425 to read as follows: |
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| 14 | 14 | | Sec. 7.1425. VIOLATION RELATING TO OVERFLOW CAUSED BY |
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| 15 | 15 | | DIVERSION OF WATER. (a) A person who violates Section 11.086(a) |
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| 16 | 16 | | commits an offense. A first offense under this section is a Class C |
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| 17 | 17 | | misdemeanor. A subsequent offense under this section is a Class B |
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| 18 | 18 | | misdemeanor. |
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| 19 | 19 | | (b) It is a defense to prosecution under this section that |
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| 20 | 20 | | the actor filled the mouth of a gully or slough up to the height of |
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| 21 | 21 | | the adjoining banks of a river or creek as provided by Section |
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| 22 | 22 | | 11.086(d). |
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| 23 | 23 | | SECTION 2. This Act takes effect on the 91st day after the |
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| 24 | 24 | | last day of the legislative session. |
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