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