1-1                                   AN ACT
 1-2     relating to the regulation of floating cabins; providing penalties.
 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
 2-9           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
 6-2           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.
 7-2     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
7-15           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.
8-23     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