Bill Summary – FastDemocracy

   
      88(4) HB 72 - Introduced version - Bill Text
      
            88S40109 ANG-D
         
		By:  Cunningham
            H.B.  No.  72
         
               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.
         
Statutes affected: 
Introduced: Education Code 37.0814, Education Code 48.115 (Education Code 37, Education Code 48)



	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.