Monitoring the Session

HB 1177

bill making flooding a neighbor’s land an offense

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Charles CunninghamRHouse 127

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

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.

Caption from analyzed text · version I.

Summary

Diverting surface water that damages someone else’s property.

The bill makes it an offense to break an existing Water Code rule against diverting or holding back surface water in a way that floods and damages someone else's property. A first offense is a Class C misdemeanor and a repeat offense is a Class B misdemeanor, with a defense for filling the mouth of a gully or slough up to the height of a river or creek bank as already allowed by that rule. Landowners who reroute or dam runoff onto a neighbor's land can now face a criminal charge, not only a civil lawsuit, starting September 1, 2025.

Labels

Labels: PENDING FOREVER. Heard by the House Natural Resources committee on Mar 19, 2025 and left pending. Never voted out. The bill died.

Receipt

The receipt

89R-HB1177 · 2024-11-12

SOLD BY

Rep. Charles CunninghamRHouse 127 Rep. Trey WhartonRHouse 12

ITEM

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.

WHAT IT DOES

Diverting surface water that damages someone else’s property.

The bill makes it an offense to break an existing Water Code rule against diverting or holding back surface water in a way that floods and damages someone else's property. A first offense is a Class C misdemeanor and a repeat offense is a Class B misdemeanor, with a defense for filling the mouth of a gully or slough up to the height of a river or creek bank as already allowed by that rule. Landowners who reroute or dam runoff onto a neighbor's land can now face a criminal charge, not only a civil lawsuit, starting September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 18, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Natural Resources
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Charles Cunningham

Donors

Texans for Lawsuit Reform PAC$334KTexas Conservative Majority PAC$292KCourt Reform Action for Families Texas PAC$100K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 28, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$334,135.18

Texans for Lawsuit Reform PAC

$334,135.18

Cash
$35,000.00
Paid by others
$299,135.18
Total
$334,135.18
advertising $144,032.71mail $133,992.12polling $21,110.35

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 21, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101010682, 101031839, 101062565, 101068024, 101072258.

Texas Conservative Majority PAC$291,600.00

Texas Conservative Majority PAC

$291,600.00

Cash
$100,000.00
Paid by others
$191,600.00
Total
$291,600.00
canvassing $175,000.00polling $16,600.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Aug 14, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101068024, 101072258.

Court Reform Action for Families Texas PAC$100,000.00

Court Reform Action for Families Texas PAC

$100,000.00

Cash
$100,000.00
Paid by others
$0.00
Total
$100,000.00

Also funds 32 other sitting lawmakers.

Derived recipient stock · Feb 20, 2026 to Oct 14, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 23, 2026 to Oct 6, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101068024, 101072258.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$334,135.18

Cash
$35,000.00
Paid by others
$299,135.18
Total
$334,135.18
advertising $144,032.71mail $133,992.12polling $21,110.35

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 21, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101010682, 101031839, 101062565, 101068024, 101072258.

×

Texas Conservative Majority PAC

$291,600.00

Cash
$100,000.00
Paid by others
$191,600.00
Total
$291,600.00
canvassing $175,000.00polling $16,600.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Aug 14, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101068024, 101072258.

×

Court Reform Action for Families Texas PAC

$100,000.00

Cash
$100,000.00
Paid by others
$0.00
Total
$100,000.00

Also funds 32 other sitting lawmakers.

Derived recipient stock · Feb 20, 2026 to Oct 14, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 23, 2026 to Oct 6, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101068024, 101072258.

Votes

No floor vote loaded for this bill.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 18, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Nov 12, 2024

03/19/2025 H Left pending in committee

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Natural Resources · Final status: Died in committee

Subjects

Crimes--Miscellaneous

Water--Development

Water--General

Water--Rights

Text

The text as introduced · 169 words

89R1580 ANG-D

By: Cunningham
H.B. No. 1177

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 September 1, 2025.