By Brimer                                              H.B. No. 218

      75R1778 SMH-D                           

                                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 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 takes effect September 1, 1997.

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.