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 this
1-8 subchapter or a rule adopted or order issued under this subchapter
1-9 is 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
1-22 (3) both the injunctive relief and the civil penalty.
1-23 (b) On application for injunctive relief and a finding that
1-24 a person has violated, is violating, or is threatening to violate
2-1 this subchapter or a rule adopted or order issued under this
2-2 subchapter, the district court shall grant the injunctive relief
2-3 that the facts warrant.
2-4 (c) This section applies only to a county containing two or
2-5 more municipalities each of which has a population of 250,000 or
2-6 more.
2-7 SECTION 2. This Act does not change the elements of a
2-8 violation of Subchapter I, Chapter 16, Water Code, or a rule
2-9 adopted or order issued under that subchapter. This Act merely
2-10 provides an additional remedy for a violation or threatened
2-11 violation of that subchapter or a rule adopted or order issued
2-12 under that subchapter.
2-13 SECTION 3. This Act takes effect September 1, 1997.
2-14 SECTION 4. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 218 was passed by the House on March
18, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 218 on May 23, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 218 was passed by the Senate, with
amendments, on May 21, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor