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