Bill Text: TX HB72 | 2023 | 88th Legislature 4th Special Session | 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 - Dead) 2023-11-14 - Filed [HB72 Detail]
Download: Texas-2023-HB72-Introduced.html
| 88S40109 ANG-D | ||
| By: Cunningham | H.B. No. 72 | |
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| 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 on the 91st day after the | ||
| last day of the legislative session. | ||
