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.