77R15994 E                          
         By Lindsay                                            S.B. No. 1573
         Substitute the following for S.B. No. 1573:
         By Kuempel                                        C.S.S.B. No. 1573
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of floating cabins; providing penalties.
 1-4           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
 2-1     floating cabin owned by a state agency.
 2-2           Sec. 32.005.  RULES.  The commission may adopt rules to
 2-3     implement this chapter.
 2-4           Sec. 32.006.  NONAPPLICABILITY OF CHAPTER 2001, GOVERNMENT
 2-5     CODE.  The contested case provisions of the Administrative
 2-6     Procedure Act (Sections 2001.051-2001.178, Government Code) do not
 2-7     apply to this chapter.
 2-8               (Sections 32.007-32.050 reserved for expansion
2-10           Sec. 32.051.  PERMIT REQUIRED. A person may not own,
2-11     maintain, or use a floating cabin in the public coastal water of
2-12     this state unless a permit has been issued under this chapter for
2-13     the floating cabin.
2-14           Sec. 32.052.  ELIGIBILITY FOR PERMIT. A person may apply for
2-15     a floating cabin permit if:
2-16                 (1)  the person owns the floating cabin;
2-17                 (2)  the floating cabin floats at high tide;
2-18                 (3)  the owner owned the floating cabin on June 1,
2-19     2001; and
2-20                 (4)  the floating cabin has been moored at the same
2-21     location from June 1, 2001, until August 31, 2001; provided,
2-22     however, that as to any floating cabin that is certified as having
2-23     been on the water and at such location from on or before June 1,
2-24     2001, the owner thereof may remove such floating cabin for the
2-25     making of repairs, provided that such removal does not exceed 60
2-26     consecutive days.
2-27           Sec. 32.053.  APPLICATION FOR PERMIT.  (a)  An applicant must
 3-1     apply for a permit on a form prescribed by the department.  The
 3-2     department shall issue a floating cabin permit to an applicant who:
 3-3                 (1)  meets the eligibility requirements of Section
 3-4     32.052;
 3-5                 (2)  provides the name, mailing address, and telephone
 3-6     number of the applicant;
 3-7                 (3)  describes the exact location of the floating cabin
 3-8     in terms of longitude, latitude, degrees, minutes, and seconds as
 3-9     determined by the global positioning system;
3-10                 (4)  describes the height, length, and width of the
3-11     floating cabin;
3-12                 (5)  provides the department with a color photograph
3-13     with a full view of the floating cabin;
3-14                 (6)  pays a fee of $2,500 or a lesser amount set by the
3-15     commission; and
3-16                 (7)  provides the department with any other information
3-17     that the department reasonably requires.
3-18           (b)  The applicant and each owner of the floating cabin must
3-19     sign the application under penalty of perjury.
3-20           (c)  The department shall remit all fees collected under this
3-21     section to the comptroller for deposit to the credit of the
3-22     floating cabins cleanup account in the general revenue fund.  Money
3-23     in the account may be used only for the cleanup of illegal or
3-24     abandoned floating cabins and related debris in the coastal water.
3-25           Sec. 32.054.  TERM OF PERMIT.  A floating cabin permit issued
3-26     under this chapter has a term of one year.
3-27           Sec. 32.055.  ORIGINAL PERMIT AND PERMIT RENEWAL FEE.
 4-1     (a)  An original application for permit under Section 32.053 must
 4-2     be accompanied by a permit application fee of $600 or an amount set
 4-3     by the commission, whichever is higher.
 4-4           (b)  To renew a floating cabin permit, a permit holder must
 4-5     apply in the manner prescribed by commission rule and pay a permit
 4-6     renewal fee of $600 or an amount set by the commission, whichever
 4-7     is higher.
 4-8           (c)  The department may refuse to issue or transfer an
 4-9     original or renewal license, permit, or tag if the permittee has:
4-10                 (1)  been finally convicted of a violation of Section
4-11     32.154;
4-12                 (2)  failed to comply with a notice issued under
4-13     Section 32.154; or
4-14                 (3)  failed to pay a civil penalty assessed under
4-15     Section 32.154.
4-16           (d)  The department shall remit all fees collected under this
4-17     section to the comptroller for deposit to the credit of the game,
4-18     fish, and water safety account in the general revenue fund.
4-19           Sec. 32.056.  LOCATION OF PERMIT; INSPECTION ALLOWED.  A
4-20     permit holder shall keep a copy of the permit in the floating cabin
4-21     and available for inspection by the department on request.
4-22           Sec. 32.057.  TRANSFER OF PERMIT. (a)  A permit holder may in
4-23     writing transfer the permit to a new owner of the floating cabin.
4-24           (b)  Not later than the 60th day after the date of transfer,
4-25     the new permit holder shall provide to the department:
4-26                 (1)  the name, mailing address, and telephone number of
4-27     the new permit holder;
 5-1                 (2)  any other information the department reasonably
 5-2     requires; and
 5-3                 (3)  a $600 transfer fee.
 5-4           (c)  In the event that the permit holder consists of more
 5-5     than one person, the withdrawal of persons from ownership shall
 5-6     not, on renewal, be considered a transfer to the remaining owner or
 5-7     owners for purpose of payment of the transfer fee.
 5-8           (d)  The new permit holder must sign the information provided
 5-9     to the department under Subsection (b) under penalty of perjury.
5-10           Sec. 32.058.  PURCHASE PROGRAM; PERMIT EXPIRES.  (a)  The
5-11     commission by rule may establish a program to purchase a floating
5-12     cabin for which a permit has been issued.
5-13           (b)  On transfer of ownership under this section, the permit
5-14     issued for the floating cabin expires.
5-15           (c)  The owner of a floating cabin is not required to sell
5-16     the cabin to the department under this section.
5-17           (d)  The floating cabin purchase account is created as a
5-18     separate account in the general revenue fund.  The account consists
5-19     of money deposited to the account under this section, including
5-20     interest on that money.  The department may accept grants and gifts
5-21     of money or materials from private or public sources to be applied
5-22     to the floating cabin purchase account.  Money in the floating
5-23     cabin purchase account may be used only for the purposes of this
5-24     section.  Section 403.095, Government Code, does not apply to the
5-25     account.
5-26           (e)  Money from the game, fish, and water safety account may
5-27     not be used to purchase a floating cabin under this section.
 6-1               (Sections 32.059-32.100 reserved for expansion
 6-3           Sec. 32.101.  IDENTIFICATION OF FLOATING CABIN.  (a)  A
 6-4     floating cabin must be marked and identified by numbers, reflective
 6-5     tape, paint, or other means as the commission may by rule require.
 6-6           (b)  From sunset to sunrise, a floating cabin shall exhibit
 6-7     at least one white light that is visible from a 360-degree angle.
 6-8           (c)  This section applies to each owner of a floating cabin.
 6-9           Sec. 32.102.  RELOCATION OF FLOATING CABIN. A permit holder
6-10     may relocate the floating cabin, subject to department approval,
6-11     and the commission shall by rule specify criteria for allowing
6-12     relocation.
6-13           Sec. 32.103.  REPLACEMENT OF FLOATING CABIN.  The permit
6-14     holder may replace the floating cabin if:
6-15                 (1)  the replacement cabin does not exceed the height,
6-16     length, or width of the original cabin; and
6-17                 (2)  the department approves the replacement.
6-18           Sec. 32.104.  INCREASE IN SIZE OF CABIN PROHIBITED.  A person
6-19     may not increase the height, length, or width of a floating cabin.
6-20           Sec. 32.105.  SANITATION DEVICE.  (a)  A floating cabin shall
6-21     be equipped with a portable marine sanitation device capable of
6-22     holding and retaining human body waste.
6-23           (b)  Each owner of a floating cabin is liable for a violation
6-24     of this section.
6-25           Sec. 32.106.  SEWAGE DISCHARGE PROHIBITED.  A person may not
6-26     discharge human body waste, treated or untreated, from a floating
6-27     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)  Each owner of the floating cabin is jointly and
7-23     severally liable for a violation under this section.
7-24           Sec. 32.153.  CRIMINAL PENALTIES. (a)  A person commits an
7-25     offense if the person violates:
7-26                 (1)  Section 32.051;
7-27                 (2)  Section 32.053(b);
 8-1                 (3)  Section 32.056;
 8-2                 (4)  Section 32.057(d);
 8-3                 (5)  Section 32.101;
 8-4                 (6)  Section 32.104;
 8-5                 (7)  Section 32.105;
 8-6                 (8)  Section 32.106;
 8-7                 (9)  Section 32.107; or
 8-8                 (10)  Section 32.108.
 8-9           (b)  Except as provided by Subsection (c), an offense under
8-10     Subsection (a) is a Class C Parks and Wildlife Code misdemeanor.
8-11           (c)  If it is shown on the trial of an offense under this
8-12     section that the defendant was previously convicted two or more
8-13     times under this section, the offense is a Class B Parks and
8-14     Wildlife Code misdemeanor.
8-15           (d)  Each day of a violation under this section is a separate
8-16     offense.
8-18     CIVIL PENALTY; HEARING. (a)  If a person owns a floating cabin that
8-19     does not meet the criteria for issuance of an original permit under
8-20     this chapter or if an owner violates a provision of Section 32.104,
8-21     32.107, or 32.108, the department may by written notice require the
8-22     removal of the floating cabin from the coastal water not later than
8-23     the 90th day after the date of notice.  The owner may, not later
8-24     than 30 days after receipt of notice of removal, object to the
8-25     revocation and show good cause why the permit should not be
8-26     revoked.  Good cause includes:
8-27                 (1)  force majeure, including a hurricane or tropical
 9-1     storm;
 9-2                 (2)  circumstances resulting in a change of criteria
 9-3     for reasons not attributable to the actions of the owner; or
 9-4                 (3)  any other reasons that the department adopts by
 9-5     rule.
 9-6           (b)  A person commits an offense if the person does not
 9-7     remove the floating cabin during the period provided by Subsection
 9-8     (a) or such extended period as may be prescribed by department
 9-9     rule.  An offense under this subsection is a Class B Parks and
9-10     Wildlife Code misdemeanor.
9-11           (c)  The department may assess a civil penalty for a
9-12     violation of Subsection (a) of not more than $1,000 for each day
9-13     after the notice period that the owner fails to remove the floating
9-14     cabin.  Each owner is jointly and severally liable for the civil
9-15     penalty and the reasonable costs of removal and cleanup of the
9-16     floating cabin and related materials at that location.
9-17           (d)  If a person does not remove the floating cabin during
9-18     the period provided by Subsection (a), the department or a person
9-19     or entity authorized by the department may remove and dispose of
9-20     the floating cabin and any associated personal property in any
9-21     manner without further notice.
9-22           (e)  Notice under this section is valid if:
9-23                 (1)  a person who owns a floating cabin has held a
9-24     permit issued under this chapter and the notice is sent by
9-25     certified letter from the department to the owner at the last
9-26     address supplied to the department under this chapter; or
9-27                 (2)  as to a floating cabin that has not been
 10-1    identified and for which the owner has not been issued a permit,
 10-2    the notice is affixed to the floating cabin.
 10-3          (f)  The department is not liable to a person for the value
 10-4    of a floating cabin, or any personal property associated with the
 10-5    cabin, removed under this section.
 10-6          Sec. 32.155.  VENUE. The department may file any suit under
 10-7    this chapter in Travis County or the county in which the floating
 10-8    cabin that is the subject of the suit is located.
 10-9          SECTION 2. (a)  Not later than February 1, 2002, the Parks
10-10    and Wildlife Commission shall adopt rules necessary to implement
10-11    Chapter 32, Parks and Wildlife Code, as added by this Act.  The
10-12    Parks and Wildlife Department shall begin to issue the permit
10-13    required by Section 32.051, Parks and Wildlife Code, not later than
10-14    March 1, 2002.
10-15          (b)  The Parks and Wildlife Department may not enforce a
10-16    prohibition or other requirement imposed by Chapter 32, Parks and
10-17    Wildlife Code, as added by this Act, before February 1, 2002.
10-18          (c)  Section 32.153, Parks and Wildlife Code, as added by
10-19    this Act, applies only to an offense committed on or after
10-20    February 1, 2002.
10-21          SECTION 3.  This Act takes effect immediately if it receives
10-22    a vote of two-thirds of all the members elected to each house, as
10-23    provided by Section 39, Article III, Texas Constitution.  If this
10-24    Act does not receive the vote necessary for immediate effect, this
10-25    Act takes effect September 1, 2001.