SRC-SLL H.B. 218 75(R)    BILL ANALYSIS


Senate Research CenterH.B. 218
By: Brimer (Harris)
Natural Resources
5-13-97
Engrossed


DIGEST 

Currently, Texas law does not authorize a political subdivision to
institute a civil action against a person who violates the National Flood
Insurance Program.  As a result, counties have difficulty in controlling
new building in a flood plain.  Flood plain construction can affect flood
or fire insurance rates, availability of disaster assistance, or liability
exposure.  This bill establishes a civil penalty for violations of the
National Flood Insurance Program and authorizes political subdivisions to
institute a civil action against a person who has violated, is violating,
or is threatening to violate the National Flood Insurance Program. 

PURPOSE

As proposed, H.B. 218 establishes a civil penalty for violations of the
National Flood Insurance Program and authorizes political subdivisions to
institute a civil action against a person who has violated, is violating,
or is threatening to violate the National Flood Insurance Program. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 16I, Water Code, by adding Sections 16.322 and
16.323, as follows: 

Sec.  16.322.  CIVIL PENALTY.  Provides that a person who violates this
subchapter or a rule adopted or order issued under Section 16.323 is
subject to a civil penalty of not more than $100 for each act of violation
and for each day of violation. 

Sec.  16.323.  ENFORCEMENT BY COUNTY.  Authorizes a county, if it appears
that a person has violated, is violating, or is threatening to violate
this subchapter or a rule adopted or order issued under this subchapter,
to institute a civil suit in district court for injunctive relief,
assessment and recovery of the civil penalty provided by Section 16.322,
or both. Requires the district court, on application for injunctive relief
and a finding that a person has violated, is violating, or is threatening
to violate this subchapter or a rule adopted or order issued under this
subchapter, to grant the injunctive relief that the facts warrant.
Provides that this section applies only to a county containing two or more
municipalities each of which has a population of 250,000 or more. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.