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.

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