1-1 By: Harris S.B. No. 623 1-2 (In the Senate - Filed February 16, 1995; February 20, 1995, 1-3 read first time and referred to Committee on Economic Development; 1-4 April 28, 1995, reported favorably by the following vote: Yeas 9, 1-5 Nays 0; April 28, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to enforcement by political subdivisions of the National 1-9 Flood Insurance Program; providing a civil penalty. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter I, Chapter 16, Water Code, is amended 1-12 by adding Sections 16.322 and 16.323 to read as follows: 1-13 Sec. 16.322. CIVIL PENALTY. A person who violates this 1-14 subchapter or a rule adopted or order issued under this subchapter 1-15 is subject to a civil penalty of not more than $100 for each act of 1-16 violation and for each day of violation. 1-17 Sec. 16.323. ENFORCEMENT BY POLITICAL SUBDIVISION. (a) If 1-18 it appears that a person has violated, is violating, or is 1-19 threatening to violate this subchapter or a rule adopted or order 1-20 issued under this subchapter, a political subdivision may institute 1-21 a civil suit in a district court for: 1-22 (1) injunctive relief to restrain the person from 1-23 continuing the violation or threat of violation, including an order 1-24 directing the person to remove illegal improvements and restore 1-25 preexisting conditions; 1-26 (2) the assessment and recovery of the civil penalty 1-27 provided by Section 16.322; or 1-28 (3) both the injunctive relief and the civil penalty. 1-29 (b) On application for injunctive relief and a finding that 1-30 a person has violated, is violating, or is threatening to violate 1-31 this subchapter or a rule adopted or order issued under this 1-32 subchapter, the district court shall grant the injunctive relief 1-33 that the facts warrant. 1-34 SECTION 2. This Act takes effect September 1, 1995. 1-35 SECTION 3. The importance of this legislation and the 1-36 crowded condition of the calendars in both houses create an 1-37 emergency and an imperative public necessity that the 1-38 constitutional rule requiring bills to be read on three several 1-39 days in each house be suspended, and this rule is hereby suspended. 1-40 * * * * *