89R1580 ANG-D
By: Cunningham H.B. No. 1177
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the criminal offense of diverting or
impounding the flow of surface water in a manner that damages the
property of another by the overflow of the water diverted or
impounded.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 7, Water Code, is amended
by adding Section 7.1425 to read as follows:
Sec. 7.1425. VIOLATION RELATING TO OVERFLOW CAUSED BY
DIVERSION OF WATER. (a) A person who violates Section 11.086(a)
commits an offense. A first offense under this section is a Class C
misdemeanor. A subsequent offense under this section is a Class B
misdemeanor.
(b) It is a defense to prosecution under this section that
the actor filled the mouth of a gully or slough up to the height of
the adjoining banks of a river or creek as provided by Section
11.086(d).
SECTION 2. This Act takes effect September 1, 2025.