88S30740 ANG-D
 
  By: Cunningham H.B. No. 153
 
 
 
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 on the 91st day after the
  last day of the legislative session.