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 * * * * *