By Brimer H.B. No. 218
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to enforcement of the National Flood Insurance Program by
1-3 certain counties; providing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter I, Chapter 16, Water Code, is amended
1-6 by adding Sections 16.322 and 16.323 to read as follows:
1-7 Sec. 16.322. CIVIL PENALTY. A person who violates Section
1-8 16.323 or a rule adopted or order issued under Section 16.323 is
1-9 subject to a civil penalty of not more than $100 for each act of
1-10 violation and for each day of violation.
1-11 Sec. 16.323. ENFORCEMENT BY COUNTY. (a) If it appears that
1-12 a person has violated, is violating, or is threatening to violate
1-13 this subchapter or a rule adopted or order issued under this
1-14 subchapter, a county may institute a civil suit in a district court
1-15 for:
1-16 (1) injunctive relief to restrain the person from
1-17 continuing the violation or threat of violation, including an order
1-18 directing the person to remove illegal improvements and restore
1-19 preexisting conditions;
1-20 (2) the assessment and recovery of the civil penalty
1-21 provided by Section 16.322; or
2-1 (3) both the injunctive relief and the civil penalty.
2-2 (b) On application for injunctive relief and a finding that
2-3 a person has violated, is violating, or is threatening to violate
2-4 this subchapter or a rule adopted or order issued under this
2-5 subchapter, the district court shall grant the injunctive relief
2-6 that the facts warrant.
2-7 (c) This section applies only to a county containing two or
2-8 more municipalities each of which has a population of 250,000 or
2-9 more.
2-10 SECTION 2. This Act takes effect September 1, 1997.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.