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.