By:  Harris                                            S.B. No. 623
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to enforcement by political subdivisions of the National
    1-2  Flood Insurance Program; providing a civil penalty.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter I, Chapter 16, Water Code, is amended
    1-5  by adding Sections 16.322 and 16.323 to read as follows:
    1-6        Sec. 16.322.  CIVIL PENALTY.  A person who violates this
    1-7  subchapter or a rule adopted or order issued under this subchapter
    1-8  is subject to a civil penalty of not more than $100 for each act of
    1-9  violation and for each day of violation.
   1-10        Sec. 16.323.  ENFORCEMENT BY POLITICAL SUBDIVISION.  (a)  If
   1-11  it appears that a person has violated, is violating, or is
   1-12  threatening to violate this subchapter or a rule adopted or order
   1-13  issued under this subchapter, a political subdivision may institute
   1-14  a civil suit in a district court for:
   1-15              (1)  injunctive relief to restrain the person from
   1-16  continuing the violation or threat of violation, including an order
   1-17  directing the person to remove illegal improvements and restore
   1-18  preexisting conditions;
   1-19              (2)  the assessment and recovery of the civil penalty
   1-20  provided by Section 16.322; or
   1-21              (3)  both the injunctive relief and the civil penalty.
   1-22        (b)  On application for injunctive relief and a finding that
   1-23  a person has violated, is violating, or is threatening to violate
   1-24  this subchapter or a rule adopted or order issued under this
    2-1  subchapter, the district court shall grant the injunctive relief
    2-2  that the facts warrant.
    2-3        SECTION 2.  This Act takes effect September 1, 1995.
    2-4        SECTION 3.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.
    2-9                       COMMITTEE AMENDMENT NO. 1
   2-10        Amend Senate Bill 623 in the following way:
   2-11        (1)  On page 2, beginning on line 4, add new subsection (c)
   2-12  to read as follows:
   2-13        "(c)  This section only applies to a county that contains two
   2-14  or more municipalities with a population of 250,000 or more
   2-15  according to the most recent federal census."
   2-16                                                               Mowery