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


Senate Research CenterC.S.S.B. 1573
77R13885 EBy: Lindsay
Natural Resources
4/29/2001
Committee Report (Substituted)


DIGEST 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

Rulemaking authority is expressly granted to the Parks and Wildlife
Commission in SECTION 1 (Sections 32.005, 32.058, 32.101, and 32.102, 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. 

[Sections 32.006-32.050 reserved for expansion]

SUBCHAPTER B. PERMITS FOR FLOATING CABINS

Sec. 32.0051. PERMIT REQUIRED. (a) 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. (a) Requires the 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. 

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 $600, or an amount set by the commission,
whichever is higher. 

(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
$600, or an amount set by the commission, whichever is higher. 

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

(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. 

Sec. 32.057. TRANSFER OF PERMIT. (a) Authorizes a permit holder to in
writing transfer the permit to a person related in the third degree by
consanguinity or affinity, as determined under Chapter 573 (Degrees of
Relationship; Nepotism Prohibitions), Government Code. 

(b) Authorizes 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. Authorizes a permit to transfer by
operation of law if the permit holder dies intestate. 

(c) Requires the new permit holder, not later than the 60th day after the
date of transfer, to provide to the department certain information. 

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

(e) Prohibits 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 this chapter. 

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 purpose 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 a cabin, subject to department approval. Authorizes 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) or (d), an offense
under Subsection (a) is a Class C Parks and Wildlife Code misdemeanor. 

(c) Provides that if it is shown on the trial of an offense under this
section that the defendant was previously convicted under this section, the
offense is a Class B Parks and Wildlife Code misdemeanor. 

(d) Provides that 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 A Parks and Wildlife Code misdemeanor. 

  (e) 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;
INJUNCTIVE RELIEF. (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 a permittee violates a provision of
Sections 32.104, 32.107, or 32.108 of this chapter, 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. 

(b) Provides that a person commits an offense if the person does not remove
the floating cabin during the period provided by Subsection (a). Provides
that an offense under this subsection is a Class A Parks and Wildlife Code
misdemeanor. 

(c) Authorizes the department to access a civil penalty for a violation of
Subsection (a) of $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.


SUMMARY OF COMMITTEE CHANGES

SECTION 1. Differs from the As Filed S.B. 1573 by amending proposed Chapter
32 (FLOATING CABINS). 

SECTION 2. Adds new proposed language regarding the department's
enforcement of this Act. 

SECTION 3. New effective date.