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HB 1177

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.

89th Legislature (2025) Introduced by Charles Cunningham and 1 co-sponsor

Texas bill criminalizes intentionally diverting surface water to cause overflow damage to others' property, adding criminal penalties to existing water damage liability.

Left pending in committee
#crimes--miscellaneous(i0200) #water--development(i0875) #water--general(i0885) #water--rights(i0870)
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Bill Summary · HB 1177

Legislative bill overview

HB 1177 creates a new criminal offense in Texas for intentionally or knowingly diverting or impounding surface water in a way that causes overflow damage to another person's property. The bill establishes this as a prosecutable crime, adding water management behavior to the state's criminal code.

Why is this important

Water rights and property boundaries are contentious issues in Texas, particularly as drought conditions and development pressures increase. This legislation attempts to provide a criminal remedy for property owners who experience damage from neighbors' water management practices, shifting responsibility from civil liability to criminal prosecution.

Potential points of contention

  • Definitional clarity: The bill's language around "diverting or impounding" may be ambiguous in practical application—it's unclear whether routine water management, drainage systems, or agricultural practices could inadvertently trigger criminal liability
  • Intent standard: Requiring proof that diversion was intentional or knowing may make enforcement difficult; accidental overflow damage may not qualify despite causing real harm
  • Overlap with existing law: Texas already has civil remedies for property damage and water rights disputes; critics may question whether criminalization is necessary or duplicative

Compiled from official sources — confirm details with the bill’s official record.

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