BILL ANALYSIS



H.B. 463
By: Brimer
04-29-95
Committee Report (Amended)


BACKGROUND

Under current law, there is no statutory authority to impose civil
penalties regarding violations of county flood plain regulations. 
Counties do not currently have authority to declare violation of
their respective regulations a civil violation without a statute
declaring the penalty for such a violation.

The Health and Safety Code contains sections that authorize county
regulation and provide various penalties for violation.  The Water
Code does not provide for injunctive action for flood plain
violations.  It has also been argued that the extent of a county's
authority is only that the county may declare the property in
violation and notify the secretary of HUD or his designee. .

PURPOSE

To give counties statutory authority to enforce their flood plain
regulations through civil penalties for violations of those
regulations.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Subchapter I, Chapter 16, Water Code, by adding
           Sections 16.322 and 16.323.  

           Sec. 16.322 stipulates civil penalties for persons in
           violation of this subchapter, or a rule adopted or order
           issued under this subchapter to be not more than $100 
           for each act of violation and for each day of violation.

           Sec. 16.323 stipulates how a political subdivision may
           institute a civil suit in district court for injunctive
           relief (including an order directing the person to
           remove illegal improvements and restore preexisting
           conditions), the assessment and recovery of civil
           penalties (as provided for by Section 16.322), or both.

SECTION 2  Effective date:  September 1, 1995.

SECTION 3  Emergency clause.

EXPLANATION OF AMENDMENTS

COMMITTEE AMENDMENT NO. 1

           Amends SECTION 1 of the bill to add a new Subsection (c)
           to Section 16.323, Water Code, which limits application
           of the bill to counties containing two or more cities
           with a population of 250,000 or more.


SUMMARY OF COMMITTEE ACTION

H.B. 463 was considered by the committee in a public hearing on
February 14, 1995.

The following persons testified in favor of the bill:

     Representative Kim Brimer;
     Ray Rike, representing Tarrant County;
     Jon Weist, representing Tarrant County Commissioner Marti
     VanRavenswaay; and
     David Carroll, representing the Travis County Public
     Improvements and Transportation Department.

The bill was left pending.

H.B. 463 was considered by the committee in a public hearing on
February 21, 1995.  

The bill was referred to a subcommittee consisting of
Representatives Mowery, Alexander, and Howard. 

After being recalled from subcommittee, the bill was considered by
the committee in a formal meeting on April 24, 1995.  

The committee considered one amendment to the bill, which was
adopted without objection.  

The bill was reported favorably as amended, with the recommendation
that it do pass and be printed, by a record vote of 8 ayes, 0 nays,
0 pnv, 1 absent.