HB1177 - 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.

  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.