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