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.
1-3 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
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
2-9 SUBCHAPTER B. PERMITS FOR FLOATING CABINS
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
6-2 SUBCHAPTER C. REQUIREMENTS AND PROHIBITED CONDUCT
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.
7-1 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) 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.
8-17 Sec. 32.154. REMOVAL OF FLOATING CABIN; CRIMINAL PENALTY;
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.