1-1           By:  Harris                                      S.B. No. 347

 1-2           (In the Senate - Filed January 29, 1997; February 3, 1997,

 1-3     read first time and referred to Committee on Natural Resources;

 1-4     March 17, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 10, Nays 0; March 17, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Ogden

 1-7     Amend S.B. No. 347 in SECTION 1 of the bill, in amended Section

 1-8     16.323, Water Code, (page 1, between lines 40 and 41), by inserting

 1-9     the following:

1-10           (c)  This section applies only to a county containing two or

1-11     more municipalities each of which has a population of 250,000 or

1-12     more.

1-13                            A BILL TO BE ENTITLED

1-14                                   AN ACT

1-15     relating to enforcement by political subdivisions of the National

1-16     Flood Insurance Program; providing a civil penalty.

1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-18           SECTION 1.  Subchapter I, Chapter 16, Water Code, is amended

1-19     by adding Sections 16.322 and 16.323 to read as follows:

1-20           Sec. 16.322.  CIVIL PENALTY.  A person who violates this

1-21     subchapter or a rule adopted or order issued under this subchapter

1-22     is subject to a civil penalty of not more than $100 for each act of

1-23     violation and for each day of violation.

1-24           Sec. 16.323.  ENFORCEMENT BY POLITICAL SUBDIVISION.  (a)  If

1-25     it appears that a person has violated, is violating, or is

1-26     threatening to violate this subchapter or a rule adopted or order

1-27     issued under this subchapter, a political subdivision may institute

1-28     a civil suit in a district court for:

1-29                 (1)  injunctive relief to restrain the person from

1-30     continuing the violation or threat of violation, including an order

1-31     directing the person to remove illegal improvements and restore

1-32     preexisting conditions;

1-33                 (2)  the assessment and recovery of the civil penalty

1-34     provided by Section 16.322; or

1-35                 (3)  both the injunctive relief and the civil penalty.

1-36           (b)  On application for injunctive relief and a finding that

1-37     a person has violated, is violating, or is threatening to violate

1-38     this subchapter or a rule adopted or order issued under this

1-39     subchapter, the district court shall grant the injunctive relief

1-40     that the facts warrant.

1-41           SECTION 2.  This Act takes effect September 1, 1997.

1-42           SECTION 3.  The importance of this legislation and the

1-43     crowded condition of the calendars in both houses create an

1-44     emergency and an imperative public necessity that the

1-45     constitutional rule requiring bills to be read on three several

1-46     days in each house be suspended, and this rule is hereby suspended.

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