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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of diverting or |
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impounding the flow of surface water in a manner that damages the |
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property of another by the overflow of the water diverted or |
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impounded. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 7, Water Code, is amended |
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by adding Section 7.1425 to read as follows: |
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Sec. 7.1425. VIOLATION RELATING TO OVERFLOW CAUSED BY |
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DIVERSION OF WATER. (a) A person who violates Section 11.086(a) |
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commits an offense. A first offense under this section is a Class C |
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misdemeanor. A subsequent offense under this section is a Class B |
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misdemeanor. |
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(b) It is a defense to prosecution under this section that |
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the actor filled the mouth of a gully or slough up to the height of |
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the adjoining banks of a river or creek as provided by Section |
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11.086(d). |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |