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.
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