HB 1177

AN ACT relating to the creation of the criminal offense of diverting or

House Bill Cunningham | Wharton
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

Creates a criminal offense for intentionally diverting or impounding surface water in a way that causes property damage through overflow. Individuals who violate water diversion rules will face legal consequences, with first-time offenders receiving a Class C misdemeanor and subsequent offenders receiving a Class B misdemeanor. The law aims to protect property owners from water-related damage caused by improper water management practices.

Subject Areas

Bill Text

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
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
(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
SECTION 2.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to the creation of the criminal offense of diverting or