By Brimer H.B. No. 463 74R2037 SMH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to enforcement by political subdivisions of the National 1-3 Flood Insurance Program; providing a civil penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter I, Chapter 16, Water Code, is amended 1-6 by adding Sections 16.322 and 16.323 to read as follows: 1-7 Sec. 16.322. CIVIL PENALTY. A person who violates this 1-8 subchapter or a rule adopted or order issued under this subchapter 1-9 is subject to a civil penalty of not more than $100 for each act of 1-10 violation and for each day of violation. 1-11 Sec. 16.323. ENFORCEMENT BY POLITICAL SUBDIVISION. (a) If 1-12 it appears that a person has violated, is violating, or is 1-13 threatening to violate this subchapter or a rule adopted or order 1-14 issued under this subchapter, a political subdivision may institute 1-15 a civil suit in a district court for: 1-16 (1) injunctive relief to restrain the person from 1-17 continuing the violation or threat of violation, including an order 1-18 directing the person to remove illegal improvements and restore 1-19 preexisting conditions; 1-20 (2) the assessment and recovery of the civil penalty 1-21 provided by Section 16.322; or 1-22 (3) both the injunctive relief and the civil penalty. 1-23 (b) On application for injunctive relief and a finding that 1-24 a person has violated, is violating, or is threatening to violate 2-1 this subchapter or a rule adopted or order issued under this 2-2 subchapter, the district court shall grant the injunctive relief 2-3 that the facts warrant. 2-4 SECTION 2. This Act takes effect September 1, 1995. 2-5 SECTION 3. The importance of this legislation and the 2-6 crowded condition of the calendars in both houses create an 2-7 emergency and an imperative public necessity that the 2-8 constitutional rule requiring bills to be read on three several 2-9 days in each house be suspended, and this rule is hereby suspended.