In City of Houston v. Renault, Inc., 431 S.W.2d 322 (Tex. 1968), the plaintiffs complained of the city's maintenance of a roadway and existing culvert, which caused flooding of the plaintiffs' property. Id. at 323-24.
The roadway was constructed by Harris County prior to annexation of the area by the city of Houston. Id. at 323.
The Texas Supreme Court ruled in favor of the city, concluding the flooding was unintentional. Id. at 325. It did not appear the culvert was altered by the city, and the city maintained the road only by repairing and improving the road for public travel. Id. at 325-26.
The plaintiffs in Renault showed no knowledge on the part of the city that flooding was resulting or was substantially certain to result from the maintenance of the road with the existing culvert. Id. at 326.