HBA-SEP C.S.S.B. 1573 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1573
By: Lindsay
State Recreational Resources
5/11/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, no regulatory mechanism exists at the state or federal level
regarding the number of floating cabins allowed in bay areas.  C.S.S.B.
1573 sets forth provisions regarding the regulation of floating cabins.  
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Parks and Wildlife Commission in
SECTION 1 (Sections 32.005, 32.058, 32.101, 32.102, Parks and Wildlife
Code) and SECTION 2 of this bill. 

ANALYSIS

C.S.S.B. 1573 amends the Parks and Wildlife Code to authorize the Parks and
Wildlife Commission 
(commission) to adopt rules to implement provisions regulating floating
cabins (cabin) not later than February 1, 2002, and to set forth
applicability provisions (Secs. 32.002-32.006 and SECTION 2).  The bill
requires the Parks and Wildlife Department (department) to begin to issue
annual cabin permits not later than March 1, 2002 (SECTION 2 and Sec.
32.054).  A person is prohibited from owning, maintaining, or using a cabin
in the public coastal water of this state without a permit (Sec. 32.051).
The bill sets forth provisions regarding permit eligibility and the
application for a permit (Secs. 32.052 and 32.053).  

The original permit application fee and permit renewal fee is $600 or an
amount set by the commission, whichever is higher.  The department is
authorized to refuse to issue or transfer an original or renewal license,
permit, or tag under certain conditions.  The department is required to
remit all collected fees to the comptroller for deposit to the credit of
the game, fish, and water safety account in the general revenue fund (Sec.
32.055).  A permit holder is required to keep a copy of the permit in the
cabin and available for inspection by the department on request (Sec.
32.056).   A permit holder is authorized to transfer the permit to a new
owner of the cabin.  The new permit holder is required to provide certain
information to the department, a $600 transfer fee, and  must sign the
information under penalty of perjury (Sec. 32.057). The bill sets forth
permissible and prohibited activities of a cabin permit holder (Secs.
32.101 - 32.108).  
The commission, by rule, is authorized to establish a program to purchase a
cabin for which a permit has been issued.  On such a transfer of ownership,
the cabin permit expires.  The owner of a cabin is not required to sell the
cabin to the department.  The floating cabin purchase account is created as
a separate account in the general revenue fund and consists of money
deposited under the purchase program.  The department is authorized to
accept grants and gifts of money or materials from private or public
sources to be applied to the account.  Money in the account is authorized
to be used only for the purposes of the purchase program and money from the
game, fish, and water safety account is prohibited from being used to
purchase a cabin.  Provisions regarding use of dedicated revenue do not
apply to the purchase account (Sec. 32.058). 

The department is authorized to suspend or revoke a person's permit or
place the permit holder on probation for a violation of cabin regulations
(Sec. 32.151).  The department is authorized to bring an action for
damages, injunctive relief, and any other appropriate civil relief for a
violation of cabin regulations  except for the violation of discharging
sewage (Sec. 32.152).   The bill provides that a person commits a Class C
Parks and Wildlife Code misdemeanor if the person violates certain cabin
regulations.  If it is shown on the trial of an offense that the defendant
was previously convicted two or more times of violating cabin regulations,
the offense is a Class B Parks and Wildlife Code misdemeanor.  Each day of
a violation is a separate offense (Sec. 32.153).   

If a person owns a cabin that does not meet the criteria for issuance of an
original permit or if the owner violates certain regulations, the
department is authorized to require the removal of the cabin.  The bill
sets forth criminal penalties and civil penalties for a person who does not
remove a cabin.  If the person does not remove the cabin during the
specified period, the department is authorized to remove and dispose of the
cabin and any associated personal property without notice.  The department
is not liable for the value of a removed cabin or any personal property
associated with the cabin (Sec. 32.154).   

The department is authorized to file any suit in Travis County or the
county in which the cabin that is the subject of the suit is located (Sec.
32.155).  The department is prohibited from enforcing a prohibition or
other requirement before February 1, 2002 (SECTION 2). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1573 modifies the original to extend, from 30 consecutive days to
60, the time for which a floating cabin (cabin) may be removed for repairs
and still be eligible for a permit (Sec. 32.052).  The substitute specifies
that a permit holder is authorized to transfer the permit to a new owner of
the cabin rather than to a person related in the third degree by
consanguinity or affinity.  The substitute removes provisions authorizing a
permit holder to transfer the permit by will, but only if the heir is a
person who in the absence of the will would be entitled to all or part of
the deceased's property, and to transfer by operation of law if the permit
holder dies intestate.  The substitute requires a $600 transfer fee and
prohibits, in the event that the permit holder consists of more than one
person, the withdrawal of persons from ownership from being considered a
transfer to the remaining owner or owners for the purpose of payment of the
transfer fee.  The substitute removes the provision prohibiting a permit
holder from transferring a permit to a person who has been convicted of an
offense or assessed a civil penalty for a violation of a cabin regulation
(Sec. 32.057).   
The substitute removes the provision prohibiting a cabin owner from
allowing the cabin to damage any environmentally sensitive area (Sec.
32.108).  The substitute removes the provision requiring a court to award
the Parks and Wildlife Department (department) attorney's fees if the
department prevails in a suit to enforce cabin regulations.  The substitute
specifies that, if the defendant was previously convicted two or more times
for such violation, the offense is a Class B Parks and Wildlife Code
misdemeanor rather than a Class A Parks and Wildlife Code misdemeanor, and
that if the defendant was previously convicted for one such a violation,
the offense  is a Class C Parks and Wildlife Code misdemeanor rather than a
Class B Parks and Wildlife Code misdemeanor (Sec. 32.153).  The substitute
provides that the owner is authorized to object to the revocation of a
permit and to show good cause why the permit should not be revoked and
specifies what qualifies as good cause.  The substitute specifies that the
department may extend the period during which a cabin owner has to remove
the cabin.  The substitute also decreases, from a Class A Parks and
Wildlife Code misdemeanor to a Class B Parks and Wildlife misdemeanor, the
penalty for not removing a cabin in the provided time.  The substitute
specifies that if the removal notice is affixed to the cabin, the notice is
valid if the cabin has not been identified and the owner has not been
issued a permit (Sec. 32.154).