SRC-SLL S.B. 347 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 347
By: Harris
Natural Resources
3-14-97
As Filed


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, S.B. 347 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 this subchapter 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 POLITICAL SUBDIVISION.  Authorizes a
political subdivision, 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. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.