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I am sorry to hear about this situation.
Texas adheres to the common enemy rule when it comes to water. This rule means that the neighbor
has a duty "to turn surface water from his own property without liability for damage that may be caused by such obstruction or diversion. See 56 Am.Jur. Waters § 67 et seq." City of Houston v. Renault, Inc., 431 SW 2d 322 - Tex: Supreme Court 1968
While this remains subjective, Texas continues to at least partly recognize this doctrine.
As such, the neighbor may be held liable if his actions lead to damage to someone else's property.
A good idea is a demand letter, sent by an attorney, to shore up the property or to face a lawsuit for negligence and nuisance
if his non-action does indeed lead to damage.
(One can also technically sue ahead of time, asking for reasonable funds to protect one's property by building on one's property, if the neighbor is unwilling to do so on his.)
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