By Lindsay S.B. No. 1573
77R5625 MXM-F
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. DEFINITION. In this chapter, "floating cabin"
1-9 means a structure capable of floating in water that is used for
1-10 habitation or shelter but is not primarily used for transportation.
1-11 The term does not include a commercial barge or similar vessel.
1-12 Sec. 32.002. APPLICABILITY. This chapter applies only to
1-13 floating cabins located in the salt water of this state.
1-14 Sec. 32.003. RULES. The commission may adopt rules to
1-15 implement this chapter.
1-16 (Sections 32.004-32.050 reserved for expansion)
1-17 SUBCHAPTER B. REGULATION OF FLOATING CABINS
1-18 Sec. 32.051. GENERAL PROHIBITION ON FLOATING CABINS. (a)
1-19 Except as provided by Section 32.061 or 32.062, a person may not
1-20 own, inhabit, or use a floating cabin after February 28, 2002,
1-21 unless the person who owns the cabin holds a permit for that cabin
1-22 issued under this chapter.
1-23 (b) The department may not issue an initial permit for a
1-24 floating cabin on or after March 1, 2002.
2-1 Sec. 32.052. ELIGIBILITY FOR PERMIT. (a) A person may apply
2-2 for a floating cabin permit if:
2-3 (1) the applicant has owned the floating cabin for at
2-4 least six consecutive months immediately preceding the date on
2-5 which the application is submitted;
2-6 (2) the floating cabin has been permanently moored at
2-7 the same location for at least six consecutive months immediately
2-8 preceding the date on which the application is submitted, except
2-9 for any temporary removal necessary for repairs;
2-10 (3) the floating cabin is capable of floating during
2-11 high tide; and
2-12 (4) the location of the cabin, as determined by
2-13 commission rule, does not interfere with navigation or recreational
2-14 uses for the area or create environmental problems.
2-15 (b) For purposes of Subsections (a)(2) and (4), the
2-16 commission by rule shall define temporary removal and shall
2-17 establish standards for determining whether a floating cabin
2-18 interferes with navigation or recreational uses or creates
2-19 environmental problems.
2-20 Sec. 32.053. APPLICATION FOR PERMIT. (a) An applicant must
2-21 apply for a permit on a form prescribed by the department. The
2-22 department shall issue a floating cabin permit to 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;
2-27 (3) describes by a legal survey the exact location of
3-1 the floating cabin in terms of longitude, latitude, degrees,
3-2 minutes, and seconds;
3-3 (4) provides information, as prescribed by commission
3-4 rule, sufficient to identify the floating cabin;
3-5 (5) provides the department with any other information
3-6 that the department reasonably requires; and
3-7 (6) pays the required permit fee.
3-8 (b) The applicant must sign the application under penalty of
3-9 perjury.
3-10 Sec. 32.054. TERM OF PERMIT. A floating cabin permit issued
3-11 under this chapter is valid for one year.
3-12 Sec. 32.055. PERMIT RENEWAL. To renew a floating cabin
3-13 permit, a permit holder must apply in the manner prescribed by
3-14 commission rule and pay the permit renewal fee.
3-15 Sec. 32.056. ANNUAL PERMIT FEE. (a) The commission may
3-16 adopt annual permit fees in amounts reflecting the cost of
3-17 administering this chapter.
3-18 (b) The amount of the annual permit fee for a floating cabin
3-19 permit is $600 or an amount set by the commission.
3-20 Sec. 32.057. IDENTIFICATION OF FLOATING CABIN. The
3-21 commission by rule shall adopt standards used to identify floating
3-22 cabins that receive a permit under this chapter. These
3-23 identification standards may include reflective tape, light, or
3-24 paint on the bow, stern, and sides of the vessel.
3-25 Sec. 32.058. SAFETY. The commission shall adopt health and
3-26 safety rules for floating cabins, including rules relating to:
3-27 (1) power requirements;
4-1 (2) sanitation;
4-2 (3) equipment used to extinguish fires;
4-3 (4) life jackets; and
4-4 (5) warning devices, including whistles.
4-5 Sec. 32.059. MOORING. The floating cabin must be permanently
4-6 moored to a steel spud or anchored in a manner that allows the
4-7 cabin, while floating, to rotate 360 degrees around the anchor or
4-8 spud.
4-9 Sec. 32.060. RELOCATION OF FLOATING CABIN. A person who
4-10 holds a permit for a floating cabin may relocate the floating
4-11 cabin, subject to department approval. The commission by rule
4-12 shall specify criteria for relocation, including consideration of
4-13 the:
4-14 (1) existence of other permit holders in the new area;
4-15 (2) protection of the environment;
4-16 (3) effect of the relocation on navigation; and
4-17 (4) extent to which a relocation will interfere with
4-18 any recreational uses of the new area.
4-19 Sec. 32.061. REPLACEMENT OF FLOATING CABIN. (a) The holder
4-20 of a permit for a floating cabin may replace the floating cabin if
4-21 the replacement cabin does not exceed 40 feet in overall length, 20
4-22 feet in width, and 12 feet in height.
4-23 (b) Not later than 60 days after the date of the
4-24 replacement, the permit holder shall file, on a form prescribed by
4-25 the department, a description of the replacement cabin.
4-26 Sec. 32.062. TRANSFER OF PERMIT. (a) The holder of a permit
4-27 for a floating cabin may in writing transfer the permit to a new
5-1 owner of the floating cabin. Not later than the 60th day after the
5-2 date of transfer, the new owner shall:
5-3 (1) provide to the department the name, mailing
5-4 address, and telephone number of the new owner;
5-5 (2) provide the department with any other information
5-6 that the department reasonably requires; and
5-7 (3) pay a $600 transfer fee.
5-8 (b) The new owner must sign the information provided to the
5-9 department under Subsections (a)(1) and (2) under penalty of
5-10 perjury.
5-11 (Sections 32.063-32.100 reserved for expansion)
5-12 SUBCHAPTER C. ENFORCEMENT AND PENALTIES
5-13 Sec. 32.101. DISCIPLINARY ACTION. The department may suspend
5-14 or revoke a person's floating cabin permit or place the permit
5-15 holder on probation for a violation of this chapter, including a
5-16 violation described by Section 32.102. Chapter 2001, Government
5-17 Code, applies to a proceeding to suspend or revoke a permit under
5-18 this chapter.
5-19 Sec. 32.102. PERMIT REVOCATION FOR CHANGE IN STATUS OF
5-20 FLOATING CABIN; HEARING. (a) The department shall revoke a permit
5-21 as provided by this section if the floating cabin:
5-22 (1) becomes incapable of floating; or
5-23 (2) becomes partially submerged and rests on a bay
5-24 bottom or shoreline for four consecutive months or more.
5-25 (b) At the hearing on the revocation, the permit holder may
5-26 object to the revocation and show good cause why the permit should
5-27 not be revoked. Good cause includes:
6-1 (1) force majeure, including a hurricane or tropical
6-2 storm; or
6-3 (2) any other reasons that the commission adopts by
6-4 rule.
6-5 Sec. 32.103. CIVIL PENALTY. In addition to granting
6-6 injunctive or other relief provided by law, a court may impose a
6-7 civil penalty in the amount of $1,000 for a violation of this
6-8 chapter or a rule adopted under this chapter.
6-9 Sec. 32.104. REMOVAL OF FLOATING CABIN. If a permit is
6-10 revoked or if a person owns, inhabits, or uses a floating cabin for
6-11 which the owner does not hold a permit issued under this chapter,
6-12 the department in writing shall request removal of the floating
6-13 cabin not later than the 90th day after the date the request is
6-14 received by the owner. If the floating cabin, spud, and all
6-15 anchoring devices are not removed in 90 days after the date of the
6-16 request, the owner of the floating cabin is liable for the
6-17 reasonable costs of removal and cleanup of the abandoned floating
6-18 cabin and related materials at that location.
6-19 SECTION 2. (a) This Act takes effect September 1, 2001.
6-20 (b) Not later than December 1, 2001, the Parks and Wildlife
6-21 Commission shall adopt rules necessary to implement Chapter 32,
6-22 Parks and Wildlife Code, as added by this Act. The Parks and
6-23 Wildlife Department shall begin to issue the permit required by
6-24 Section 32.051, Parks and Wildlife Code, as added by this Act, not
6-25 later than December 15, 2001.
6-26 (c) The Parks and Wildlife Department may not enforce a
6-27 prohibition imposed by Chapter 32, Parks and Wildlife Code, as
7-1 added by this Act, before March 1, 2002.