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


Senate Research Center   S.B. 1573
77R5625 MXM-FBy: Lindsay
Natural Resources
4/18/2001
As Filed


DIGEST AND PURPOSE 

Currently no regulatory mechanism exists at the state or federal level
regarding the number of floating cabins allowed in bay areas. As proposed,
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 32.003, 32.052, 32.057, 32.058, 32.060,
Parks and Wildlife Code) and SECTION 2 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 "floating cabin."

Sec. 32.002. APPLICABILITY. Sets forth provision that this chapter applies
only to floating cabins located  in the salt water of this state. 

Sec. 32.003. RULES. Authorizes the Parks and Wildlife Commission
(commission) to adopt rules to implement this chapter. 

[Sections 32.004-32.050 reserved for expansion]

Sec. 32.0051. GENERAL PROHIBITION ON FLOATING CABINS. (a) Prohibits a
person, except as provided by Section 32.061 or 32.062, from owning,
floating, or using a floating cabin after February 28, 2002, unless the
person holds a permit for that cabin. 

(b) Prohibits the Parks and Wildlife Department (department) from issuing
an initial permit for a floating cabin on or after March 1, 2002. 

Sec. 32.052. ELIGIBILITY FOR PERMIT. (a) Authorizes a person to apply for a
floating cabin permit if certain conditions are met. 

(b) Requires the commission by rule to define temporary removal and to
establish standards for determining whether a floating cabin interferes
with navigation or recreational uses or creates environmental problems. 
.
Sec. 32.053. APPLICATION FOR PERMIT. (a) Requires the applicant to apply
for a permit  on a form prescribed by the department. Requires the
department to issue a floating cabin permit to an applicant who meets
certain conditions. 

  (b) Requires the applicant to sign the application under penalty of
perjury. 

Sec. 32.054. TERM OF PERMIT. Provides that a floating cabin permit issued
under this chapter is valid one year. 

Sec. 32.055. PERMIT RENEWAL. (a) Requires a permit holder, to renew a
floating cabin permit, to apply in the manner prescribed by commission rule
and pay the permit renewal fee. 

(b) Provides that the amount of the annual permit fee for a floating cabin
permit is $600 or an amount set by the commission. 

Sec. 32.057. IDENTIFICATION OF FLOATING CABIN. Requires the commission by
rule to adopt standards used to identify floating cabins that receive a
permit under this chapter. Authorizes these identification standards to
include certain criteria. 

Sec. 32.058. SAFETY. Requires the commission to adopt health and safety
rules for floating cabins, including rules relating to certain other
criteria. 

Sec. 32.059. MOORING. Requires the floating cabin to be permanently moored
in a certain procedure. 

Sec. 32.060. RELOCATION OF FLOATING CABIN. Authorizes a person who holds a
permit to relocate the floating cabin, subject to department approval.
Requires the commission by rule to specify criteria for relocation,
including consideration of certain other criteria. 
 
Sec. 32.061. REPLACEMENT OF FLOATING CABIN. (a) Authorizes the holder of a
permit to replace the floating cabin if the replacement cabin meets certain
criteria. 

(b) Requires the permit holder, not later than a certain period, to file on
a form prescribed by the department a description of the replacement cabin. 

Sec. 32.062. TRANSFER OF PERMIT. (a) Authorizes the permit holder to in
writing transfer the permit to a new owner of a floating cabin. requires
the new owner, not later than a certain period, to perform certain
procedures. 

(b) Requires the new owner to sign the information provided to the
department under Subsections (a)(1) and (2) under penalty of perjury. 

[Sections 32.063-32.100 reserved for expansion]

SUBCHAPTER C. ENFORCEMENT AND PENALTIES

Sec. 32.101. 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, including a violation described
by Section 32.102. Provides that Chapter 2001 (Administrative Procedure),
Government Code, applies to a preceding to suspend or revoke a permit under
this chapter. 

Sec. 32.102. PERMIT REVOCATION FOR CHANGE IN STATUS OF FLOATING CABIN;
HEARING. (a) Requires the department to revoke a permit if certain
conditions are met. 

 (b) Authorizes the permit holder, at the hearing on the revocation, to
object to the revocation and show good cause why the permit should not be
revoked. Provides that good cause includes certain criteria. 

Sec. 32.103. CIVIL PENALTY. Authorizes a court to impose a civil penalty in
a certain amount for a violation of this chapter or a rule adopted under
this chapter. 

Sec. 32.104. REMOVAL OF FLOATING CABIN. Requires the department, under
certain conditions, to request removal of the floating cabin not later than
a certain period, and require the owner of the floating cabin to be liable
for associated costs. 

SECTION 2. (a) Effective date: September 1, 2001.

(b) Requires the commission to adopt rules not later than December 1, 2001.
Requires the department to begin issuing permits not later than December
15, 2001. 

(c) Prohibits the department from enforcing a prohibition before imposed by
Chapter 32, Parks and Wildlife Code, as added by this Act, March 1, 2002.