Bill Text: TX HB1177 | 2025-2026 | 89th Legislature | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-11-12 - Filed [HB1177 Detail]

Download: Texas-2025-HB1177-Introduced.html
  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.
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