SRC-MWN S.B. 1573 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1573
By: Lindsay
Natural Resources
6/19/2001
Enrolled


DIGEST AND PURPOSE 

No regulatory mechanism exists at the state or federal level regarding the
number of floating cabins allowed in bay areas. S.B. 1573 sets forth
provisions regarding the regulation of floating cabins. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Parks and Wildlife
Commission in SECTION 1 (Sections 32.005, 32.058, 32.101, 32.102, and
32.154, Parks and Wildlife Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 4, Parks and Wildlife Code, by adding Chapter 32,
as follows: 

CHAPTER 32. FLOATING CABINS

SUBCHAPTER A. GENERAL PROVISIONS

 Sec. 32.001. DEFINITION. Defines "coastal water" and "floating cabin."

Sec. 32.002. APPLICABILITY TO COASTAL WATER. Provides that this chapter
applies only to floating cabins moored in coastal water. 

Sec. 32.003. APPLICABILITY OF OTHER LAW. Provides that Chapter 33, Natural
Resources Code, does not apply to a floating cabin regulated under this
chapter. 

Sec. 32.004. EXEMPTION. Provides that Subchapter B of this Chapter does not
apply to a floating cabin owned by a state agency. 

Sec. 32.005. RULES. Authorizes the Parks and Wildlife Commission
(commission) to adopt rules to implement this chapter. 

Sec. 32.006. NONAPPLICABILITY OF CHAPTER 2001, GOVERNMENT CODE. Provides
that the contested case provisions of the Administrative Procedure Act
(Sections 2001.051-2001.178, Government Code) do not apply to this chapter. 

[Sections 32.007-32.050 reserved for expansion]

SUBCHAPTER B. PERMITS FOR FLOATING CABINS

Sec. 32.0051. PERMIT REQUIRED. Prohibits a person from owning, maintaining,
or using a floating cabin in the public coastal waters of this state unless
a permit has been issued under this chapter for the floating cabin. 

Sec. 32.052. ELIGIBILITY FOR PERMIT. Authorizes a person to apply for a
floating cabin  permit under certain conditions. 
.
Sec. 32.053. APPLICATION FOR PERMIT; REFUND. (a) Requires an applicant to
apply for a permit on a form prescribed by the Texas Parks and Wildlife
Department (department). Requires the department to issue a floating cabin
permit to an applicant who meets certain conditions. 

(b) Requires the applicant and each owner of the floating cabin to sign the
application under penalty of perjury. 

(c) Requires the department to remit all fees collected under this section
to the comptroller for deposit to the credit of the floating cabins cleanup
account in the general revenue fund. Authorizes money in the account to be
used only for the cleanup of illegal or abandoned floating cabins and
related debris in the coastal water. 

(d) Requires the department, if the permit holder elects to retire the
permit, to refund the fee under this section on confirmation of proper
removal of the floating cabin. 

Sec. 32.054. TERM OF PERMIT. Provides that a floating cabin permit issued
under this chapter has a term of one year. 

Sec. 32.055. ORIGINAL PERMIT AND PERMIT RENEWAL FEE. (a) Requires an
original application for permit under Section 32.053 to be accompanied by a
permit application fee of $300. 

(b) Requires a permit holder, to renew a floating cabin permit, to apply in
the manner prescribed by commission rule and pay a permit renewal fee of
$300. 

(c) Authorizes the department to refuse to issue or transfer an original or
renewal license, permit, or tag under certain conditions. 

(d) Requires the department to remit all fees collected under this section
to the comptroller for deposit to the credit of the game, fish, and water
safety account in the general revenue fund. 

Sec. 32.056. LOCATION OF PERMIT; INSPECTION ALLOWED. Requires a permit
holder to keep a copy of the permit in the floating cabin and available for
inspection by the department on request. 

Sec. 32.057. TRANSFER OF PERMIT. (a) Authorizes a permit holder to in
writing transfer the permit to a new owner of the floating cabin. 

(b) Provides that not later than the 60th day after the date of transfer,
the new permit holder is required to provide to the department certain
information. 

(c) Provides that in the event that the permit holder consists of more than
one person, the withdrawal of persons from ownership is required to not, on
renewal, be considered a transfer to the remaining owner or owners for
purpose of payment of the transfer fee. 

(d) Requires the new permit holder to sign the information provided to the
department under Subsection (c) under penalty of perjury. 

Sec. 32.058. PURCHASE PROGRAM; PERMIT EXPIRES. (a) Authorizes the
commission by rule to establish a program to purchase a floating cabin for
which a permit has been issued. 

 (b) Provides that on transfer of ownership under this section, the permit
issued for the floating cabin expires. 

(c) Provides that the owner of a floating cabin is not required to sell the
cabin to the department under this section. 

(d) Provides that the floating cabin purchase account is created as a
separate account in the general revenue fund. Provides that the account
consists of money deposited to the account under this section, including
interest on that money. Authorizes the department to accept grants and
gifts of money or materials from private or public sources to be applied to
the floating cabin purchase account. Authorizes money in the floating cabin
purchase account to be used only for the purposes of this section. Provides
that Section 403.095 (Use of Dedicated Revenue), Government Code, does not
apply to the account. 

(e) Prohibits money from the game, fish, and water safety account from
being used to purchase a floating cabin under this section. 

[Sections 32.059-32.100 reserved for expansion]

SUBCHAPTER C. REQUIREMENTS AND PROHIBITED CONDUCT

Sec. 32.101. IDENTIFICATION OF FLOATING CABIN. (a) Requires a floating
cabin to be marked and identified by certain means as the commission may by
rule require. 

(b) Requires a floating cabin, from sunset to sunrise, to exhibit at least
one white light that is visible from a 360-degree angle. 

  (c) Provides that this section applies to each owner of a floating cabin.

Sec. 32.102. RELOCATION OF FLOATING CABIN. Authorizes a permit holder to
relocate the floating cabin, subject to department approval and requires
the commission by rule to specify criteria for allowing relocation. 

Sec. 32.103. REPLACEMENT OF FLOATING CABIN. Authorizes the permit holder to
replace the floating cabin if certain conditions are met. 

Sec. 32.104. INCREASE IN SIZE OF CABIN PROHIBITED. Prohibits a person from
increasing the height, length, or width of a floating cabin. 

Sec. 32.105. SANITATION DEVICE. (a) Requires a floating cabin to be
equipped with a portable marine sanitation device capable of holding and
retaining human body waste. 

(b) Provides that each owner of a floating cabin is liable for a violation
of this section. 

Sec. 32.106. SEWAGE DISCHARGE PROHIBITED. Prohibits a person from
discharging human body waste, treated or untreated, from a floating cabin
into or adjacent to coastal water or state land. 

Sec. 32.107. LOCATION OF FLOATING CABIN IN CERTAIN SITES PROHIBITED. (a)
Prohibits a floating cabin from being located in certain areas. 

(b) Provides that each owner of a floating cabin is liable for a violation
of this section. 

Sec. 32.108. OTHER PROHIBITED CONDUCT. Prohibits an owner of a floating
cabin from  allowing the cabin to meet certain conditions. 

[Sections 32.109-32.150 reserved for expansion]

SUBCHAPTER D. ENFORCEMENT AND PENALTIES

Sec. 32.151. DISCIPLINARY ACTION. Authorizes the department to suspend or
revoke a person's floating cabin permit or place the permit holder on
probation for a violation of this chapter. 

Sec. 32.152. CIVIL ACTIONS ALLOWED; CIVIL PENALTY. (a) Authorizes the
department to bring an action for certain damages for violation of this
chapter, except for Section 32.106. 

(b) Requires a court to award the department attorney's fees if the
department prevails in a suit filed under this section. 

(c) Provides that each owner of the floating cabin is jointly and severally
liable for a violation under this section. 

Sec. 32.153. CRIMINAL PENALTIES. (a) Provides that a person commits an
offense if the person violates certain sections. 

(b) Provides that except as provided by Subsection (c), an offense under
Subsection (a) is a Class C Parks and Wildlife Code misdemeanor. 

(c) Provides that except for a violation of Section 32.101(b), if it is
shown on the trial of an offense under this section that the defendant was
previously convicted two or more times under this section, the offense is a
Class B Parks and Wildlife Code misdemeanor, except that the offense is not
punishable by confinement in jail. 

(d) Provides that each day of a violation under this section is a separate
offense. 

Sec. 32.154. REMOVAL OF FLOATING CABIN; CRIMINAL PENALTY; CIVIL PENALTY;
HEARING. (a) Authorizes the department, if a person owns a floating cabin
that does not meet the criteria for issuance of an original permit under
this chapter or if an owner violates a provision of Sections 32.104,
32.107, or 32.108, to by written notice require the removal of the floating
cabin from the coastal water not later than the 90th day after the date of
notice. Authorizes the owner, not later than 30 days after receipt of
notice of removal, object to the revocation and show good cause why the
permit should not be revoked. Provides that good cause means certain
conditions. 

(b) Provides that a person commits an offense if the person does not remove
the floating cabin during the period provided by Subsection (a) or such
extended period as may be prescribed by department rule. Provides that an
offense under this subsection is a Class B Parks and Wildlife Code
misdemeanor, except that the offense is not punishable by confinement in
jail. 

(c) Authorizes the department to access a civil penalty for a violation of
Subsection (a) of not more than $1,000 for each day after the notice period
that the owner fails to remove the floating cabin. Provides that each owner
is jointly and severally liable for the civil penalty and the reasonable
costs of removal and cleanup of the floating cabin and related materials at
that location. 

(d) Authorizes the department, or a person or entity authorized by the
department, if a  person does not remove the floating cabin during the
period provided by Subsection (a), to remove and dispose of the floating
cabin and any associated personal property in any manner without further
notice. 

  (e) Provides that notice under this section is valid if certain
conditions exist. 

(f) Provides that the department is not liable to a person for the value of
a floating cabin, or any personal property associated with the cabin,
removed under this section. 

Sec. 32.155. VENUE. Authorizes the department to file any suit under this
chapter in Travis County or the county in which the floating cabin that is
the subject of the suit is located. 

SECTION 2. (a) Requires the department to adopt rules, not later than
February 1, 2002, to implement Chapter 32, Parks and Wildlife Code, as
added by this Act. Requires the department to begin to issue the permit
required by Section 32.051, Parks and Wildlife Code, not later than March
1, 2002. 

(b) Prohibits the department from enforcing a prohibition or other
requirement imposed by Chapter 32, Parks and Wildlife Code, as added by
this Act, before February 1, 2002. 

(c) Provides that Section 52.153, Parks and Wildlife Code, as added by this
Act, applies only to an offense committed on or after February 1, 2002. 

SECTION 3. Effective date: upon passage or September 1, 2001.