1-1 By: Brimer (Senate Sponsor - Harris) H.B. No. 218 1-2 (In the Senate - Received from the House March 19, 1997; 1-3 March 24, 1997, read first time and referred to Committee on 1-4 Natural Resources; May 15, 1997, reported favorably, as amended, by 1-5 the following vote: Yeas 6, Nays 0; May 15, 1997, sent to 1-6 printer.) 1-7 COMMITTEE AMENDMENT NO. 1 By: Brown 1-8 Amend H.B. 218 (House engrossed version) as follows: 1-9 (1) In SECTION 1, Sec. 16.322, replace the phrase "Section 1-10 16.323" with the phrase "this subchapter" wherever it appears in 1-11 the subsection. 1-12 A BILL TO BE ENTITLED 1-13 AN ACT 1-14 relating to enforcement of the National Flood Insurance Program by 1-15 certain counties; providing a civil penalty. 1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-17 SECTION 1. Subchapter I, Chapter 16, Water Code, is amended 1-18 by adding Sections 16.322 and 16.323 to read as follows: 1-19 Sec. 16.322. CIVIL PENALTY. A person who violates Section 1-20 16.323 or a rule adopted or order issued under Section 16.323 is 1-21 subject to a civil penalty of not more than $100 for each act of 1-22 violation and for each day of violation. 1-23 Sec. 16.323. ENFORCEMENT BY COUNTY. (a) If it appears that 1-24 a person has violated, is violating, or is threatening to violate 1-25 this subchapter or a rule adopted or order issued under this 1-26 subchapter, a county may institute a civil suit in a district court 1-27 for: 1-28 (1) injunctive relief to restrain the person from 1-29 continuing the violation or threat of violation, including an order 1-30 directing the person to remove illegal improvements and restore 1-31 preexisting conditions; 1-32 (2) the assessment and recovery of the civil penalty 1-33 provided by Section 16.322; or 1-34 (3) both the injunctive relief and the civil penalty. 1-35 (b) On application for injunctive relief and a finding that 1-36 a person has violated, is violating, or is threatening to violate 1-37 this subchapter or a rule adopted or order issued under this 1-38 subchapter, the district court shall grant the injunctive relief 1-39 that the facts warrant. 1-40 (c) This section applies only to a county containing two or 1-41 more municipalities each of which has a population of 250,000 or 1-42 more. 1-43 SECTION 2. This Act takes effect September 1, 1997. 1-44 SECTION 3. The importance of this legislation and the 1-45 crowded condition of the calendars in both houses create an 1-46 emergency and an imperative public necessity that the 1-47 constitutional rule requiring bills to be read on three several 1-48 days in each house be suspended, and this rule is hereby suspended. 1-49 * * * * *