By: Lindsay S.B. No. 1573
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of floating cabins; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 4, Parks and Wildlife Code, is amended by
1-5 adding Chapter 32 to read as follows:
1-6 CHAPTER 32. FLOATING CABINS
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 32.001. DEFINITIONS. In this chapter:
1-9 (1) "Coastal water" means those waters east and south
1-10 of the coastal waters boundary established in 31 T.A.C. Section
1-11 65.3(10).
1-12 (2) "Floating cabin" means a structure securely moored
1-13 in the coastal water of this state used for habitation or shelter
1-14 and not routinely used for transportation. The term includes all
1-15 mooring lines, anchors, anchor lines, spuds, and pilings and any
1-16 other tethering devices. The term does not include a structure
1-17 permitted by the General Land Office under Chapter 33, Natural
1-18 Resources Code.
1-19 Sec. 32.002. APPLICABILITY TO COASTAL WATER. This chapter
1-20 applies only to floating cabins moored in coastal water.
1-21 Sec. 32.003. APPLICABILITY OF OTHER LAW. Chapter 33,
1-22 Natural Resources Code, does not apply to a floating cabin
1-23 regulated under this chapter.
1-24 Sec. 32.004. EXEMPTION. Subchapter B does not apply to a
1-25 floating cabin owned by a state agency.
2-1 Sec. 32.005. RULES. The commission may adopt rules to
2-2 implement this chapter.
2-3 Sec. 32.006. NONAPPLICABILITY OF CHAPTER 2001, GOVERNMENT
2-4 CODE. The contested case provisions of the Administrative
2-5 Procedure Act (Sections 2001.051-2001.178, Government Code) do not
2-6 apply to this chapter.
2-7 (Sections 32.007-32.050 reserved for expansion
2-8 SUBCHAPTER B. PERMITS FOR FLOATING CABINS
2-9 Sec. 32.051. PERMIT REQUIRED. A person may not own,
2-10 maintain, or use a floating cabin in the public coastal water of
2-11 this state unless a permit has been issued under this chapter for
2-12 the floating cabin.
2-13 Sec. 32.052. ELIGIBILITY FOR PERMIT. A person may apply for
2-14 a floating cabin permit if:
2-15 (1) the person owns the floating cabin;
2-16 (2) the floating cabin floats at high tide;
2-17 (3) the owner owned the floating cabin on June 1,
2-18 2001; and
2-19 (4) the floating cabin has been moored at the same
2-20 location from June 1, 2001, until August 31, 2001, except for any
2-21 removal that was:
2-22 (A) necessary for repairs; and
2-23 (B) for not more than 30 consecutive days.
2-24 Sec. 32.053. APPLICATION FOR PERMIT. (a) An applicant must
2-25 apply for a permit on a form prescribed by the department. The
2-26 department shall issue a floating cabin permit to an applicant who:
3-1 (1) meets the eligibility requirements of Section
3-2 32.052;
3-3 (2) provides the name, mailing address, and telephone
3-4 number of the applicant;
3-5 (3) describes the exact location of the floating cabin
3-6 in terms of longitude, latitude, degrees, minutes, and seconds as
3-7 determined by the global positioning system;
3-8 (4) describes the height, length, and width of the
3-9 floating cabin;
3-10 (5) provides the department with a color photograph
3-11 with a full view of the floating cabin;
3-12 (6) pays a fee of $2,500 or a lesser amount set by the
3-13 commission; and
3-14 (7) provides the department with any other information
3-15 that the department reasonably requires.
3-16 (b) The applicant and each owner of the floating cabin must
3-17 sign the application under penalty of perjury.
3-18 (c) The department shall remit all fees collected under this
3-19 section to the comptroller for deposit to the credit of the
3-20 floating cabins cleanup account in the general revenue fund. Money
3-21 in the account may be used only for the cleanup of illegal or
3-22 abandoned floating cabins and related debris in the coastal water.
3-23 Sec. 32.054. TERM OF PERMIT. A floating cabin permit issued
3-24 under this chapter has a term of one year.
3-25 Sec. 32.055. ORIGINAL PERMIT AND PERMIT RENEWAL FEE.
3-26 (a) An original application for permit under Section 32.053 must
4-1 be accompanied by a permit application fee of $600 or an amount set
4-2 by the commission, whichever is higher.
4-3 (b) To renew a floating cabin permit, a permit holder must
4-4 apply in the manner prescribed by commission rule and pay a permit
4-5 renewal fee of $600 or an amount set by the commission, whichever
4-6 is higher.
4-7 (c) The department may refuse to issue or transfer an
4-8 original or renewal license, permit, or tag if the permittee has:
4-9 (1) been finally convicted of a violation of Section
4-10 32.154;
4-11 (2) failed to comply with a notice issued under
4-12 Section 32.154; or
4-13 (3) failed to pay a civil penalty assessed under
4-14 Section 32.154.
4-15 (d) The department shall remit all fees collected under this
4-16 section to the comptroller for deposit to the credit of the game,
4-17 fish, and water safety account in the general revenue fund.
4-18 Sec. 32.056. LOCATION OF PERMIT; INSPECTION ALLOWED. A
4-19 permit holder shall keep a copy of the permit in the floating cabin
4-20 and available for inspection by the department.
4-21 Sec. 32.057. TRANSFER OF PERMIT. (a) A permit holder may
4-22 in writing transfer the permit to a person related in the third
4-23 degree by consanguinity or affinity, as determined under Chapter
4-24 573, Government Code.
4-25 (b) A permit holder may transfer the permit by will, but
4-26 only if the heir is a person who in the absence of the will would
5-1 be entitled to all or part of the deceased's property. A permit
5-2 may transfer by operation of law if the permit holder dies
5-3 intestate.
5-4 (c) Not later than the 60th day after the date of transfer,
5-5 the new permit holder shall provide to the department:
5-6 (1) the name, mailing address, and telephone number of
5-7 the new permit holder; and
5-8 (2) any other information the department reasonably
5-9 requires.
5-10 (d) The new permit holder must sign the information provided
5-11 to the department under Subsection (c) under penalty of perjury.
5-12 (e) A permit holder may not transfer a permit to a person
5-13 who has been convicted of an offense or assessed a civil penalty
5-14 for a violation of this chapter.
5-15 Sec. 32.058. PURCHASE PROGRAM; PERMIT EXPIRES. (a) The
5-16 commission by rule may establish a program to purchase a floating
5-17 cabin for which a permit has been issued.
5-18 (b) On transfer of ownership under this section, the permit
5-19 issued for the floating cabin expires.
5-20 (c) The owner of a floating cabin is not required to sell
5-21 the cabin to the department under this section.
5-22 (d) The floating cabin purchase account is created as a
5-23 separate account in the general revenue fund. The account consists
5-24 of money deposited to the account under this section, including
5-25 interest on that money. The department may accept grants and gifts
5-26 of money or materials from private or public sources to be applied
6-1 to the floating cabin purchase account. Money in the floating
6-2 cabin purchase account may be used only for the purposes of this
6-3 section. Section 403.095, Government Code, does not apply to the
6-4 account.
6-5 (e) Money from the game, fish, and water safety account may
6-6 not be used to purchase a floating cabin under this section.
6-7 (Sections 32.059-32.100 reserved for expansion
6-8 SUBCHAPTER C. REQUIREMENTS AND PROHIBITED CONDUCT
6-9 Sec. 32.101. IDENTIFICATION OF FLOATING CABIN. (a) A
6-10 floating cabin must be marked and identified by numbers, reflective
6-11 tape, paint, or other means as the commission may by rule require.
6-12 (b) From sunset to sunrise, a floating cabin shall exhibit
6-13 at least one white light that is visible from a 360-degree angle.
6-14 (c) This section applies to each owner of a floating cabin.
6-15 Sec. 32.102. RELOCATION OF FLOATING CABIN. A permit holder
6-16 may relocate the floating cabin, subject to department approval.
6-17 The commission may by rule specify criteria for allowing
6-18 relocation.
6-19 Sec. 32.103. REPLACEMENT OF FLOATING CABIN. The permit
6-20 holder may replace the floating cabin if:
6-21 (1) the replacement cabin does not exceed the height,
6-22 length, or width of the original cabin; and
6-23 (2) the department approves the replacement.
6-24 Sec. 32.104. INCREASE IN SIZE OF CABIN PROHIBITED. A person
6-25 may not increase the height, length, or width of a floating cabin.
6-26 Sec. 32.105. SANITATION DEVICE. (a) A floating cabin shall
7-1 be equipped with a portable marine sanitation device capable of
7-2 holding and retaining human body waste.
7-3 (b) Each owner of a floating cabin is liable for a violation
7-4 of this section.
7-5 Sec. 32.106. SEWAGE DISCHARGE PROHIBITED. A person may not
7-6 discharge human body waste, treated or untreated, from a floating
7-7 cabin into or adjacent to coastal water or state land.
7-8 Sec. 32.107. LOCATION OF FLOATING CABIN IN CERTAIN SITES
7-9 PROHIBITED. (a) A floating cabin may not be located in a state
7-10 park, wildlife refuge, wildlife sanctuary, or coastal preserve.
7-11 (b) Each owner of a floating cabin is liable for a violation
7-12 of this section.
7-13 Sec. 32.108. OTHER PROHIBITED CONDUCT. An owner of a
7-14 floating cabin may not allow the cabin to:
7-15 (1) obstruct navigation;
7-16 (2) damage an oyster reef, serpulid reef, seagrass
7-17 bed, or other environmentally sensitive area; or
7-18 (3) rest on a bottom or shoreline at high tide.
7-19 (Sections 32.109-32.150 reserved for expansion
7-20 SUBCHAPTER D. ENFORCEMENT AND PENALTIES
7-21 Sec. 32.151. DISCIPLINARY ACTION. The department may
7-22 suspend or revoke a person's floating cabin permit or place the
7-23 permit holder on probation for a violation of this chapter.
7-24 Sec. 32.152. CIVIL ACTIONS ALLOWED; CIVIL PENALTY.
7-25 (a) The department may bring an action for damages, injunctive
7-26 relief, and any other appropriate civil relief for a violation of
8-1 this chapter, except for Section 32.106.
8-2 (b) A court shall award the department attorney's fees if
8-3 the department prevails in a suit filed under this section.
8-4 (c) Each owner of the floating cabin is jointly and
8-5 severally liable for a violation under this section.
8-6 Sec. 32.153. CRIMINAL PENALTIES. (a) A person commits an
8-7 offense if the person violates:
8-8 (1) Section 32.051;
8-9 (2) Section 32.053(b);
8-10 (3) Section 32.056;
8-11 (4) Section 32.057(d);
8-12 (5) Section 32.101;
8-13 (6) Section 32.104;
8-14 (7) Section 32.105;
8-15 (8) Section 32.106;
8-16 (9) Section 32.107; or
8-17 (10) Section 32.108.
8-18 (b) Except as provided by Subsection (c) or (d), an offense
8-19 under Subsection (a) is a Class C Parks and Wildlife Code
8-20 misdemeanor.
8-21 (c) If it is shown on the trial of an offense under this
8-22 section that the defendant was previously convicted under this
8-23 section, the offense is a Class B Parks and Wildlife Code
8-24 misdemeanor.
8-25 (d) If it is shown on the trial of an offense under this
8-26 section that the defendant was previously convicted two or more
9-1 times under this section, the offense is a Class A Parks and
9-2 Wildlife Code misdemeanor.
9-3 (e) Each day of a violation under this section is a separate
9-4 offense.
9-5 Sec. 32.154. REMOVAL OF FLOATING CABIN; CRIMINAL PENALTY;
9-6 CIVIL PENALTY; INJUNCTIVE RELIEF. (a) If a person owns a floating
9-7 cabin that does not meet the criteria for issuance of an original
9-8 permit under this chapter or if a permittee violates a provision of
9-9 Section 32.104, 32.107, or 32.108, the department may by written
9-10 notice require the removal of the floating cabin from the coastal
9-11 water not later than the 90th day after the date of notice.
9-12 (b) A person commits an offense if the person does not
9-13 remove the floating cabin during the period provided by Subsection
9-14 (a). An offense under this subsection is a Class A Parks and
9-15 Wildlife Code misdemeanor.
9-16 (c) The department may assess a civil penalty for a
9-17 violation of Subsection (a) of $1,000 for each day after the notice
9-18 period that the owner fails to remove the floating cabin. Each
9-19 owner is jointly and severally liable for the civil penalty and the
9-20 reasonable costs of removal and cleanup of the floating cabin and
9-21 related materials at that location.
9-22 (d) If a person does not remove the floating cabin during
9-23 the period provided by Subsection (a), the department or a person
9-24 or entity authorized by the department may remove and dispose of
9-25 the floating cabin and any associated personal property in any
9-26 manner without further notice.
10-1 (e) Notice under this section is valid if:
10-2 (1) a person who owns a floating cabin has held a
10-3 permit issued under this chapter and the notice is sent by
10-4 certified letter from the department to the owner at the last
10-5 address supplied to the department under this chapter; or
10-6 (2) the notice is affixed to the floating cabin.
10-7 (f) The department is not liable to a person for the value
10-8 of a floating cabin, or any personal property associated with the
10-9 cabin, removed under this section.
10-10 Sec. 32.155. VENUE. The department may file any suit under
10-11 this chapter in Travis County or the county in which the floating
10-12 cabin that is the subject of the suit is located.
10-13 SECTION 2. (a) Not later than February 1, 2002, the Parks
10-14 and Wildlife Commission shall adopt rules necessary to implement
10-15 Chapter 32, Parks and Wildlife Code, as added by this Act. The
10-16 Parks and Wildlife Department shall begin to issue the permit
10-17 required by Section 32.051, Parks and Wildlife Code, not later than
10-18 March 1, 2002.
10-19 (b) The Parks and Wildlife Department may not enforce a
10-20 prohibition or other requirement imposed by Chapter 32, Parks and
10-21 Wildlife Code, as added by this Act, before February 1, 2002.
10-22 (c) Section 32.153, Parks and Wildlife Code, as added by
10-23 this Act, applies only to an offense committed on or after
10-24 February 1, 2002.
10-25 SECTION 3. This Act takes effect immediately if it receives
10-26 a vote of two-thirds of all the members elected to each house, as
11-1 provided by Section 39, Article III, Texas Constitution. If this
11-2 Act does not receive the vote necessary for immediate effect, this
11-3 Act takes effect September 1, 2001.