Bill > HB1177

This bill creates a new criminal offense in the Texas Water Code related to improperly diverting or impounding surface water in a way that causes overflow damage to another person's property. Specifically, the bill makes it a Class C misdemeanor for a first offense and a Class B misdemeanor for subsequent offenses when someone violates Section 11.086(a) of the Water Code. The bill provides a legal defense for individuals who have filled the mouth of a gully or slough up to the height of the adjoining banks of a river or creek, as outlined in Section 11.086(d). The new criminal provision is designed to protect property owners from water diversion activities that could lead to damaging overflow, with escalating penalties for repeat offenders. The bill is set to take effect on September 1, 2025, giving time for legal professionals and water management authorities to prepare for the new regulation.

Agriculture and Natural Resources

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1177