1-1 By: Lindsay S.B. No. 1573 1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read 1-3 first time and referred to Committee on Natural Resources; 1-4 May 1, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 4, Nays 0; May 1, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1573 By: Lucio 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the regulation of floating cabins; providing penalties. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Title 4, Parks and Wildlife Code, is amended by 1-13 adding Chapter 32 to read as follows: 1-14 CHAPTER 32. FLOATING CABINS 1-15 SUBCHAPTER A. GENERAL PROVISIONS 1-16 Sec. 32.001. DEFINITIONS. In this chapter: 1-17 (1) "Coastal water" means those waters east and south 1-18 of the coastal waters boundary established in 31 T.A.C. Section 1-19 65.3(10). 1-20 (2) "Floating cabin" means a structure securely moored 1-21 in the coastal water of this state used for habitation or shelter 1-22 and not routinely used for transportation. The term includes all 1-23 mooring lines, anchors, anchor lines, spuds, and pilings and any 1-24 other tethering devices. The term does not include a structure 1-25 permitted by the General Land Office under Chapter 33, Natural 1-26 Resources Code. 1-27 Sec. 32.002. APPLICABILITY TO COASTAL WATER. This chapter 1-28 applies only to floating cabins moored in coastal water. 1-29 Sec. 32.003. APPLICABILITY OF OTHER LAW. Chapter 33, 1-30 Natural Resources Code, does not apply to a floating cabin 1-31 regulated under this chapter. 1-32 Sec. 32.004. EXEMPTION. Subchapter B does not apply to a 1-33 floating cabin owned by a state agency. 1-34 Sec. 32.005. RULES. The commission may adopt rules to 1-35 implement this chapter. 1-36 Sec. 32.006. NONAPPLICABILITY OF CHAPTER 2001, GOVERNMENT 1-37 CODE. The contested case provisions of the Administrative 1-38 Procedure Act (Sections 2001.051-2001.178, Government Code) do not 1-39 apply to this chapter. 1-40 (Sections 32.007-32.050 reserved for expansion 1-41 SUBCHAPTER B. PERMITS FOR FLOATING CABINS 1-42 Sec. 32.051. PERMIT REQUIRED. A person may not own, 1-43 maintain, or use a floating cabin in the public coastal water of 1-44 this state unless a permit has been issued under this chapter for 1-45 the floating cabin. 1-46 Sec. 32.052. ELIGIBILITY FOR PERMIT. A person may apply for 1-47 a floating cabin permit if: 1-48 (1) the person owns the floating cabin; 1-49 (2) the floating cabin floats at high tide; 1-50 (3) the owner owned the floating cabin on June 1, 1-51 2001; and 1-52 (4) the floating cabin has been moored at the same 1-53 location from June 1, 2001, until August 31, 2001, except for any 1-54 removal that was: 1-55 (A) necessary for repairs; and 1-56 (B) for not more than 30 consecutive days. 1-57 Sec. 32.053. APPLICATION FOR PERMIT. (a) An applicant must 1-58 apply for a permit on a form prescribed by the department. The 1-59 department shall issue a floating cabin permit to an applicant who: 1-60 (1) meets the eligibility requirements of Section 1-61 32.052; 1-62 (2) provides the name, mailing address, and telephone 1-63 number of the applicant; 1-64 (3) describes the exact location of the floating cabin 2-1 in terms of longitude, latitude, degrees, minutes, and seconds as 2-2 determined by the global positioning system; 2-3 (4) describes the height, length, and width of the 2-4 floating cabin; 2-5 (5) provides the department with a color photograph 2-6 with a full view of the floating cabin; 2-7 (6) pays a fee of $2,500 or a lesser amount set by the 2-8 commission; and 2-9 (7) provides the department with any other information 2-10 that the department reasonably requires. 2-11 (b) The applicant and each owner of the floating cabin must 2-12 sign the application under penalty of perjury. 2-13 (c) The department shall remit all fees collected under this 2-14 section to the comptroller for deposit to the credit of the 2-15 floating cabins cleanup account in the general revenue fund. Money 2-16 in the account may be used only for the cleanup of illegal or 2-17 abandoned floating cabins and related debris in the coastal water. 2-18 Sec. 32.054. TERM OF PERMIT. A floating cabin permit issued 2-19 under this chapter has a term of one year. 2-20 Sec. 32.055. ORIGINAL PERMIT AND PERMIT RENEWAL FEE. 2-21 (a) An original application for permit under Section 32.053 must 2-22 be accompanied by a permit application fee of $600 or an amount set 2-23 by the commission, whichever is higher. 2-24 (b) To renew a floating cabin permit, a permit holder must 2-25 apply in the manner prescribed by commission rule and pay a permit 2-26 renewal fee of $600 or an amount set by the commission, whichever 2-27 is higher. 2-28 (c) The department may refuse to issue or transfer an 2-29 original or renewal license, permit, or tag if the permittee has: 2-30 (1) been finally convicted of a violation of Section 2-31 32.154; 2-32 (2) failed to comply with a notice issued under 2-33 Section 32.154; or 2-34 (3) failed to pay a civil penalty assessed under 2-35 Section 32.154. 2-36 (d) The department shall remit all fees collected under this 2-37 section to the comptroller for deposit to the credit of the game, 2-38 fish, and water safety account in the general revenue fund. 2-39 Sec. 32.056. LOCATION OF PERMIT; INSPECTION ALLOWED. A 2-40 permit holder shall keep a copy of the permit in the floating cabin 2-41 and available for inspection by the department. 2-42 Sec. 32.057. TRANSFER OF PERMIT. (a) A permit holder may 2-43 in writing transfer the permit to a person related in the third 2-44 degree by consanguinity or affinity, as determined under Chapter 2-45 573, Government Code. 2-46 (b) A permit holder may transfer the permit by will, but 2-47 only if the heir is a person who in the absence of the will would 2-48 be entitled to all or part of the deceased's property. A permit 2-49 may transfer by operation of law if the permit holder dies 2-50 intestate. 2-51 (c) Not later than the 60th day after the date of transfer, 2-52 the new permit holder shall provide to the department: 2-53 (1) the name, mailing address, and telephone number of 2-54 the new permit holder; and 2-55 (2) any other information the department reasonably 2-56 requires. 2-57 (d) The new permit holder must sign the information provided 2-58 to the department under Subsection (c) under penalty of perjury. 2-59 (e) A permit holder may not transfer a permit to a person 2-60 who has been convicted of an offense or assessed a civil penalty 2-61 for a violation of this chapter. 2-62 Sec. 32.058. PURCHASE PROGRAM; PERMIT EXPIRES. (a) The 2-63 commission by rule may establish a program to purchase a floating 2-64 cabin for which a permit has been issued. 2-65 (b) On transfer of ownership under this section, the permit 2-66 issued for the floating cabin expires. 2-67 (c) The owner of a floating cabin is not required to sell 2-68 the cabin to the department under this section. 2-69 (d) The floating cabin purchase account is created as a 3-1 separate account in the general revenue fund. The account consists 3-2 of money deposited to the account under this section, including 3-3 interest on that money. The department may accept grants and gifts 3-4 of money or materials from private or public sources to be applied 3-5 to the floating cabin purchase account. Money in the floating 3-6 cabin purchase account may be used only for the purposes of this 3-7 section. Section 403.095, Government Code, does not apply to the 3-8 account. 3-9 (e) Money from the game, fish, and water safety account may 3-10 not be used to purchase a floating cabin under this section. 3-11 (Sections 32.059-32.100 reserved for expansion 3-12 SUBCHAPTER C. REQUIREMENTS AND PROHIBITED CONDUCT 3-13 Sec. 32.101. IDENTIFICATION OF FLOATING CABIN. (a) A 3-14 floating cabin must be marked and identified by numbers, reflective 3-15 tape, paint, or other means as the commission may by rule require. 3-16 (b) From sunset to sunrise, a floating cabin shall exhibit 3-17 at least one white light that is visible from a 360-degree angle. 3-18 (c) This section applies to each owner of a floating cabin. 3-19 Sec. 32.102. RELOCATION OF FLOATING CABIN. A permit holder 3-20 may relocate the floating cabin, subject to department approval. 3-21 The commission may by rule specify criteria for allowing 3-22 relocation. 3-23 Sec. 32.103. REPLACEMENT OF FLOATING CABIN. The permit 3-24 holder may replace the floating cabin if: 3-25 (1) the replacement cabin does not exceed the height, 3-26 length, or width of the original cabin; and 3-27 (2) the department approves the replacement. 3-28 Sec. 32.104. INCREASE IN SIZE OF CABIN PROHIBITED. A person 3-29 may not increase the height, length, or width of a floating cabin. 3-30 Sec. 32.105. SANITATION DEVICE. (a) A floating cabin shall 3-31 be equipped with a portable marine sanitation device capable of 3-32 holding and retaining human body waste. 3-33 (b) Each owner of a floating cabin is liable for a violation 3-34 of this section. 3-35 Sec. 32.106. SEWAGE DISCHARGE PROHIBITED. A person may not 3-36 discharge human body waste, treated or untreated, from a floating 3-37 cabin into or adjacent to coastal water or state land. 3-38 Sec. 32.107. LOCATION OF FLOATING CABIN IN CERTAIN SITES 3-39 PROHIBITED. (a) A floating cabin may not be located in a state 3-40 park, wildlife refuge, wildlife sanctuary, or coastal preserve. 3-41 (b) Each owner of a floating cabin is liable for a violation 3-42 of this section. 3-43 Sec. 32.108. OTHER PROHIBITED CONDUCT. An owner of a 3-44 floating cabin may not allow the cabin to: 3-45 (1) obstruct navigation; 3-46 (2) damage an oyster reef, serpulid reef, seagrass 3-47 bed, or other environmentally sensitive area; or 3-48 (3) rest on a bottom or shoreline at high tide. 3-49 (Sections 32.109-32.150 reserved for expansion 3-50 SUBCHAPTER D. ENFORCEMENT AND PENALTIES 3-51 Sec. 32.151. DISCIPLINARY ACTION. The department may 3-52 suspend or revoke a person's floating cabin permit or place the 3-53 permit holder on probation for a violation of this chapter. 3-54 Sec. 32.152. CIVIL ACTIONS ALLOWED; CIVIL PENALTY. 3-55 (a) The department may bring an action for damages, injunctive 3-56 relief, and any other appropriate civil relief for a violation of 3-57 this chapter, except for Section 32.106. 3-58 (b) A court shall award the department attorney's fees if 3-59 the department prevails in a suit filed under this section. 3-60 (c) Each owner of the floating cabin is jointly and 3-61 severally liable for a violation under this section. 3-62 Sec. 32.153. CRIMINAL PENALTIES. (a) A person commits an 3-63 offense if the person violates: 3-64 (1) Section 32.051; 3-65 (2) Section 32.053(b); 3-66 (3) Section 32.056; 3-67 (4) Section 32.057(d); 3-68 (5) Section 32.101; 3-69 (6) Section 32.104; 4-1 (7) Section 32.105; 4-2 (8) Section 32.106; 4-3 (9) Section 32.107; or 4-4 (10) Section 32.108. 4-5 (b) Except as provided by Subsection (c) or (d), an offense 4-6 under Subsection (a) is a Class C Parks and Wildlife Code 4-7 misdemeanor. 4-8 (c) If it is shown on the trial of an offense under this 4-9 section that the defendant was previously convicted under this 4-10 section, the offense is a Class B Parks and Wildlife Code 4-11 misdemeanor. 4-12 (d) If it is shown on the trial of an offense under this 4-13 section that the defendant was previously convicted two or more 4-14 times under this section, the offense is a Class A Parks and 4-15 Wildlife Code misdemeanor. 4-16 (e) Each day of a violation under this section is a separate 4-17 offense. 4-18 Sec. 32.154. REMOVAL OF FLOATING CABIN; CRIMINAL PENALTY; 4-19 CIVIL PENALTY; INJUNCTIVE RELIEF. (a) If a person owns a floating 4-20 cabin that does not meet the criteria for issuance of an original 4-21 permit under this chapter or if a permittee violates a provision of 4-22 Section 32.104, 32.107, or 32.108, the department may by written 4-23 notice require the removal of the floating cabin from the coastal 4-24 water not later than the 90th day after the date of notice. 4-25 (b) A person commits an offense if the person does not 4-26 remove the floating cabin during the period provided by Subsection 4-27 (a). An offense under this subsection is a Class A Parks and 4-28 Wildlife Code misdemeanor. 4-29 (c) The department may assess a civil penalty for a 4-30 violation of Subsection (a) of $1,000 for each day after the notice 4-31 period that the owner fails to remove the floating cabin. Each 4-32 owner is jointly and severally liable for the civil penalty and the 4-33 reasonable costs of removal and cleanup of the floating cabin and 4-34 related materials at that location. 4-35 (d) If a person does not remove the floating cabin during 4-36 the period provided by Subsection (a), the department or a person 4-37 or entity authorized by the department may remove and dispose of 4-38 the floating cabin and any associated personal property in any 4-39 manner without further notice. 4-40 (e) Notice under this section is valid if: 4-41 (1) a person who owns a floating cabin has held a 4-42 permit issued under this chapter and the notice is sent by 4-43 certified letter from the department to the owner at the last 4-44 address supplied to the department under this chapter; or 4-45 (2) the notice is affixed to the floating cabin. 4-46 (f) The department is not liable to a person for the value 4-47 of a floating cabin, or any personal property associated with the 4-48 cabin, removed under this section. 4-49 Sec. 32.155. VENUE. The department may file any suit under 4-50 this chapter in Travis County or the county in which the floating 4-51 cabin that is the subject of the suit is located. 4-52 SECTION 2. (a) Not later than February 1, 2002, the Parks 4-53 and Wildlife Commission shall adopt rules necessary to implement 4-54 Chapter 32, Parks and Wildlife Code, as added by this Act. The 4-55 Parks and Wildlife Department shall begin to issue the permit 4-56 required by Section 32.051, Parks and Wildlife Code, not later than 4-57 March 1, 2002. 4-58 (b) The Parks and Wildlife Department may not enforce a 4-59 prohibition or other requirement imposed by Chapter 32, Parks and 4-60 Wildlife Code, as added by this Act, before February 1, 2002. 4-61 (c) Section 32.153, Parks and Wildlife Code, as added by 4-62 this Act, applies only to an offense committed on or after 4-63 February 1, 2002. 4-64 SECTION 3. This Act takes effect immediately if it receives 4-65 a vote of two-thirds of all the members elected to each house, as 4-66 provided by Section 39, Article III, Texas Constitution. If this 4-67 Act does not receive the vote necessary for immediate effect, this 4-68 Act takes effect September 1, 2001. 5-1 * * * * *