BILL ANALYSIS S.B. 623 By: Harris (Brimer) May 18, 1995 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 As proposed, S.B. 623 gives 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 Chapter 16I, Water Code, by adding Sections 16.322 and 16.323, as follows: Sec. 16.322. CIVIL PENALTY. Subjects a person who violates this subchapter or a rule adopted or an order issued under this subchapter to a civil penalty of no more than $100 for each violation and for each day of violation. Sec. 16.323. ENFORCEMENT BY POLITICAL SUBDIVISION. (a) Authorizes a political subdivision to institute a civil suit in a district court for injunctive relief, a civil penalty, or both, if it appears that a person has violated, is violating, or is threatening to violate this subchapter. (b) Requires the district court to grant injunctive relief that the facts warrant on application for injunctive relief and a finding that a person has violated, is violating, or is threatening to violate this subchapter. SECTION 2 Effective date: September 1, 1995. SECTION 3 Emergency clause. EXPLANATION OF AMENDMENTS COMMITTEE AMENDMENT NO. 1 This amendment adds a new Subsection (c) on page 2, which provides that this section applies only to a county that contains two or more municipalities with a population of 250,000 or more. SUMMARY OF COMMITTEE ACTION S.B. 623 was considered by the committee in a formal meeting on May 18, 1995. The committee considered one amendment to the bill. The amendment 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 6 ayes, 0 nays, 0 pnv, 3 absent.