Texas HB1177 creates a criminal offense for diverting or impounding surface water that damages another's property by overflow.

Texas HB1177 amends the Water Code to establish a criminal offense for diverting or impounding surface water in a manner that causes damage to another's property through overflow. A first offense is classified as a Class C misdemeanor, while subsequent offenses are Class B misdemeanors. A defense to prosecution is available if the actor filled the mouth of a gully or slough up to the height of the adjoining banks of a river or creek. The Act takes effect on September 1, 2025.

Texas HB1177 creates a criminal offense for diverting or impounding surface water that damages another's property by overflow.

Texas HB1177 amends the Water Code to establish a criminal offense for diverting or impounding surface water in a manner that causes damage to another's property through overflow. A first offense is classified as a Class C misdemeanor, while subsequent offenses are Class B misdemeanors. A defense to prosecution is available if the actor filled the mouth of a gully or slough up to the height of the adjoining banks of a river or creek. The Act takes effect on September 1, 2025.