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.

SUMMARY: 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.

FULL TEXT:
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 Cmisdemeanor. A subsequent offense under this section is a Class Bmisdemeanor. (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.