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.
1-12           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
1-42           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
3-13           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.
3-39     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
3-51           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.
4-19     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.
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