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; and
2-17 (3) the owner owned and moored the floating cabin
2-18 before August 31, 2001.
2-19 Sec. 32.053. APPLICATION FOR PERMIT; REFUND. (a) An
2-20 applicant must apply for a permit on a form prescribed by the
2-21 department. The department shall issue a floating cabin permit to
2-22 an applicant who:
2-23 (1) meets the eligibility requirements of Section
2-24 32.052;
2-25 (2) provides the name, mailing address, and telephone
2-26 number of the applicant;
3-1 (3) describes the exact location of the floating cabin
3-2 in terms of longitude, latitude, degrees, minutes, and seconds as
3-3 determined by the global positioning system;
3-4 (4) describes the height, length, and width of the
3-5 floating cabin;
3-6 (5) provides the department with a color photograph
3-7 with a full view of the floating cabin;
3-8 (6) not later than August 31, 2001, pays a fee of
3-9 $1,500 or a lesser amount set by the commission; and
3-10 (7) provides the department with any other information
3-11 that the department reasonably requires.
3-12 (b) The applicant and each owner of the floating cabin must
3-13 sign the application under penalty of perjury.
3-14 (c) The department shall remit all fees collected under this
3-15 section to the comptroller for deposit to the credit of the
3-16 floating cabins cleanup account in the general revenue fund. Money
3-17 in the account may be used only for the cleanup of illegal or
3-18 abandoned floating cabins and related debris in the coastal water.
3-19 (d) If the permit holder elects to retire the permit, the
3-20 department shall refund the fee under this section on confirmation
3-21 of proper removal of the floating cabin.
3-22 Sec. 32.054. TERM OF PERMIT. A floating cabin permit issued
3-23 under this chapter has a term of one year.
3-24 Sec. 32.055. ORIGINAL PERMIT AND PERMIT RENEWAL FEE.
3-25 (a) An original application for permit under Section 32.053 must
3-26 be accompanied by a permit application fee of $300.
4-1 (b) To renew a floating cabin permit, a permit holder must
4-2 apply in the manner prescribed by commission rule and pay a permit
4-3 renewal fee of $300.
4-4 (c) The department may refuse to issue or transfer an
4-5 original or renewal license, permit, or tag if the permittee has:
4-6 (1) been finally convicted of a violation of Section
4-7 32.154;
4-8 (2) failed to comply with a notice issued under
4-9 Section 32.154; or
4-10 (3) failed to pay a civil penalty assessed under
4-11 Section 32.154.
4-12 (d) The department shall remit all fees collected under this
4-13 section to the comptroller for deposit to the credit of the game,
4-14 fish, and water safety account in the general revenue fund.
4-15 Sec. 32.056. LOCATION OF PERMIT; INSPECTION ALLOWED. A
4-16 permit holder shall keep a copy of the permit in the floating cabin
4-17 and available for inspection by the department on request.
4-18 Sec. 32.057. TRANSFER OF PERMIT. (a) A permit holder may
4-19 in writing transfer the permit to a new owner of the floating
4-20 cabin.
4-21 (b) Not later than the 60th day after the date of transfer,
4-22 the new permit holder shall provide to the department:
4-23 (1) the name, mailing address, and telephone number of
4-24 the new permit holder;
4-25 (2) any other information the department reasonably
4-26 requires; and
5-1 (3) a $300 transfer fee.
5-2 (c) In the event that the permit holder consists of more
5-3 than one person, the withdrawal of persons from ownership shall
5-4 not, on renewal, be considered a transfer to the remaining owner or
5-5 owners for purpose of payment of the transfer fee.
5-6 (d) The new permit holder must sign the information provided
5-7 to the department under Subsection (b) under penalty of perjury.
5-8 Sec. 32.058. PURCHASE PROGRAM; PERMIT EXPIRES. (a) The
5-9 commission by rule may establish a program to purchase a floating
5-10 cabin for which a permit has been issued.
5-11 (b) On transfer of ownership under this section, the permit
5-12 issued for the floating cabin expires.
5-13 (c) The owner of a floating cabin is not required to sell
5-14 the cabin to the department under this section.
5-15 (d) The floating cabin purchase account is created as a
5-16 separate account in the general revenue fund. The account consists
5-17 of money deposited to the account under this section, including
5-18 interest on that money. The department may accept grants and gifts
5-19 of money or materials from private or public sources to be applied
5-20 to the floating cabin purchase account. Money in the floating
5-21 cabin purchase account may be used only for the purposes of this
5-22 section. Section 403.095, Government Code, does not apply to the
5-23 account.
5-24 (e) Money from the game, fish, and water safety account may
5-25 not be used to purchase a floating cabin under this section.
5-26 (Sections 32.059-32.100 reserved for expansion
6-1 SUBCHAPTER C. REQUIREMENTS AND PROHIBITED CONDUCT
6-2 Sec. 32.101. IDENTIFICATION OF FLOATING CABIN. (a) A
6-3 floating cabin must be marked and identified by numbers, reflective
6-4 tape, paint, or other means as the commission may by rule require.
6-5 (b) From sunset to sunrise, a floating cabin shall exhibit
6-6 at least one white light that is visible from a 360-degree angle.
6-7 (c) This section applies to each owner of a floating cabin.
6-8 Sec. 32.102. RELOCATION OF FLOATING CABIN. A permit holder
6-9 may relocate the floating cabin, subject to department approval,
6-10 and the commission shall by rule specify criteria for allowing
6-11 relocation.
6-12 Sec. 32.103. REPLACEMENT OF FLOATING CABIN. The permit
6-13 holder may replace the floating cabin if:
6-14 (1) the replacement cabin does not exceed the height,
6-15 length, or width of the original cabin; and
6-16 (2) the department approves the replacement.
6-17 Sec. 32.104. INCREASE IN SIZE OF CABIN PROHIBITED. A person
6-18 may not increase the height, length, or width of a floating cabin.
6-19 Sec. 32.105. SANITATION DEVICE. (a) A floating cabin shall
6-20 be equipped with a portable marine sanitation device capable of
6-21 holding and retaining human body waste.
6-22 (b) Each owner of a floating cabin is liable for a violation
6-23 of this section.
6-24 Sec. 32.106. SEWAGE DISCHARGE PROHIBITED. A person may not
6-25 discharge human body waste, treated or untreated, from a floating
6-26 cabin into or adjacent to coastal water or state land.
7-1 Sec. 32.107. LOCATION OF FLOATING CABIN IN CERTAIN SITES
7-2 PROHIBITED. (a) A floating cabin may not be located in a state
7-3 park, state wildlife refuge, state wildlife sanctuary, or state
7-4 coastal preserve.
7-5 (b) Each owner of a floating cabin is liable for a violation
7-6 of this section.
7-7 Sec. 32.108. OTHER PROHIBITED CONDUCT. An owner of a
7-8 floating cabin may not allow the cabin to:
7-9 (1) obstruct navigation;
7-10 (2) damage an oyster reef, serpulid reef, or seagrass
7-11 bed; or
7-12 (3) rest on a bottom or shoreline at high tide.
7-13 (Sections 32.109-32.150 reserved for expansion
7-14 SUBCHAPTER D. ENFORCEMENT AND PENALTIES
7-15 Sec. 32.151. DISCIPLINARY ACTION. The department may
7-16 suspend or revoke a person's floating cabin permit or place the
7-17 permit holder on probation for a violation of this chapter.
7-18 Sec. 32.152. CIVIL ACTIONS ALLOWED; CIVIL PENALTY. (a) The
7-19 department may bring an action for damages, injunctive relief, and
7-20 any other appropriate civil relief for a violation of this chapter,
7-21 except for Section 32.106.
7-22 (b) A court shall award the department attorney's fees if
7-23 the department prevails in a suit filed under this section.
7-24 (c) Each owner of the floating cabin is jointly and
7-25 severally liable for a violation under this section.
7-26 Sec. 32.153. CRIMINAL PENALTIES. (a) A person commits an
8-1 offense if the person violates:
8-2 (1) Section 32.051;
8-3 (2) Section 32.053(b);
8-4 (3) Section 32.056;
8-5 (4) Section 32.057(d);
8-6 (5) Section 32.101;
8-7 (6) Section 32.104;
8-8 (7) Section 32.105;
8-9 (8) Section 32.106;
8-10 (9) Section 32.107; or
8-11 (10) Section 32.108.
8-12 (b) Except as provided by Subsection (c), an offense under
8-13 Subsection (a) is a Class C Parks and Wildlife Code misdemeanor.
8-14 (c) Except for a violation of Section 32.101(b), if it is
8-15 shown on the trial of an offense under this section that the
8-16 defendant was previously convicted two or more times under this
8-17 section, the offense is a Class B Parks and Wildlife Code
8-18 misdemeanor, except that the offense is not punishable by
8-19 confinement in jail.
8-20 (d) Each day of a violation under this section is a separate
8-21 offense.
8-22 Sec. 32.154. REMOVAL OF FLOATING CABIN; CRIMINAL PENALTY;
8-23 CIVIL PENALTY; HEARING. (a) If a person owns a floating cabin
8-24 that does not meet the criteria for issuance of an original permit
8-25 under this chapter or if an owner violates a provision of Section
8-26 32.104, 32.107, or 32.108, the department may by written notice
9-1 require the removal of the floating cabin from the coastal water
9-2 not later than the 90th day after the date of notice. The owner
9-3 may, not later than 30 days after receipt of notice of removal,
9-4 object to the revocation and show good cause why the permit should
9-5 not be revoked. Good cause includes:
9-6 (1) force majeure, including a hurricane or tropical
9-7 storm;
9-8 (2) circumstances resulting in a change of criteria
9-9 for reasons not attributable to the actions of the owner; or
9-10 (3) any other reasons that the department adopts by
9-11 rule.
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) or such extended period as may be prescribed by department
9-15 rule. An offense under this subsection is a Class B Parks and
9-16 Wildlife Code misdemeanor, except that the offense is not
9-17 punishable by confinement in jail.
9-18 (c) The department may assess a civil penalty for a
9-19 violation of Subsection (a) of not more than $1,000 for each day
9-20 after the notice period that the owner fails to remove the floating
9-21 cabin. Each owner is jointly and severally liable for the civil
9-22 penalty and the reasonable costs of removal and cleanup of the
9-23 floating cabin and related materials at that location.
9-24 (d) If a person does not remove the floating cabin during
9-25 the period provided by Subsection (a), the department or a person
9-26 or entity authorized by the department may remove and dispose of
10-1 the floating cabin and any associated personal property in any
10-2 manner without further notice.
10-3 (e) Notice under this section is valid if:
10-4 (1) a person who owns a floating cabin has held a
10-5 permit issued under this chapter and the notice is sent by
10-6 certified letter from the department to the owner at the last
10-7 address supplied to the department under this chapter; or
10-8 (2) as to a floating cabin that has not been
10-9 identified and for which the owner has not been issued a permit,
10-10 the notice is affixed to the floating cabin.
10-11 (f) The department is not liable to a person for the value
10-12 of a floating cabin, or any personal property associated with the
10-13 cabin, removed under this section.
10-14 Sec. 32.155. VENUE. The department may file any suit under
10-15 this chapter in Travis County or the county in which the floating
10-16 cabin that is the subject of the suit is located.
10-17 SECTION 2. (a) Not later than February 1, 2002, the Parks
10-18 and Wildlife Commission shall adopt rules necessary to implement
10-19 Chapter 32, Parks and Wildlife Code, as added by this Act. The
10-20 Parks and Wildlife Department shall begin to issue the permit
10-21 required by Section 32.051, Parks and Wildlife Code, not later than
10-22 March 1, 2002.
10-23 (b) The Parks and Wildlife Department may not enforce a
10-24 prohibition or other requirement imposed by Chapter 32, Parks and
10-25 Wildlife Code, as added by this Act, before February 1, 2002.
10-26 (c) Section 32.153, Parks and Wildlife Code, as added by
S.B. No. 1573
11-1 this Act, applies only to an offense committed on or after
11-2 February 1, 2002.
11-3 SECTION 3. This Act takes effect immediately if it receives
11-4 a vote of two-thirds of all the members elected to each house, as
11-5 provided by Section 39, Article III, Texas Constitution. If this
11-6 Act does not receive the vote necessary for immediate effect, this
11-7 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1573 passed the Senate on
May 3, 2001, by the following vote: Yeas 30, Nays 0, one present
not voting; May 24, 2001, Senate refused to concur in House
amendments and requested appointment of Conference Committee;
May 25, 2001, House granted request of the Senate; May 27, 2001,
Senate adopted Conference Committee Report by the following vote:
Yeas 30, Nays 0, one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1573 passed the House, with
amendments, on May 23, 2001, by the following vote: Yeas 145,
Nays 0, two present not voting; May 25, 2001, House granted request
of the Senate for appointment of Conference Committee;
May 27, 2001, House adopted Conference Committee Report by the
following vote: Yeas 144, Nays 0, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor