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A BILL TO BE ENTITLED
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AN ACT
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relating to certain improvements made to certain land subject to |
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inundation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.090, Water Code, is amended to read as |
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follows: |
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Sec. 11.090. POLLUTING AND LITTERING. (a) A person may not |
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[No person may] deposit in any canal, lateral, reservoir, or lake, |
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used for a purpose named in this chapter, the carcass of any dead |
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animal, tin cans, discarded buckets or pails, garbage, ashes, |
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bailing or barbed wire, earth, offal, or refuse of any character or |
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any other article which might pollute the water or obstruct the flow |
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of a canal or similar structure. |
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(b) This subsection applies to land that is adjacent to a |
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body of water the level of which is subject to fluctuation. A |
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property owner that constructs or has constructed a structure or |
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improvement of any kind on land that is subject to inundation by a |
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body of water is considered in violation of Subsection (a). A |
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person who is injured or whose property is injured by a structure or |
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improvement constructed in violation of Subsection (a) has remedies |
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at law and in equity and may recover damages for the injury. |
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SECTION 2. This Act takes effect September 1, 2023. |