By Harris                                              S.B. No. 623
       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.