SLC H.B. 218 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT H.B. 218 By: Brimer 3-5-97 Committee Report (Unamended) BACKGROUND Under current law, there is no statutory authority to impose civil penalties regarding violations of county flood plain regulations. Counties do not currently have authority to declare violation of their respective regulations a civil violation without a statute declaring the penalty for such a violation. The Health and Safety Code contains sections that authorize county regulation and provide various penalties for violation. The Water Code does not provide for injunctive action for flood plain violations. PURPOSE To give counties containing two or more municipalities each with a population of 250,000 or more the statutory authority to enforce their flood plain regulations through civil penalties for violation of those regulations. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter I, Chapter 16, Water Code, by adding Sections 16.322 and Sections 16.323 to read as follows: Section 16.322 CIVIL PENALTY. States that a person in violation of this subchapter is subject to a fine of not more than $100 for each act of violation and for each day of violation. Section 16.323 ENFORCEMENT BY COUNTY. Allows counties to institute a civil suit in district court for: (1) injunctive relief (2) assessment and recovery of the civil penalty provided in Sec. 16.322 (3) or both (1) and (2). This section applies only to a county containing two or more municipalities each which has a population of 250,000 or more. SECTION 2. Effective date: September 1, 1997 SECTION 3. Emergency clause.