CHAPTER 32. FLOATING CABINS - Texas Statutes

PARKS AND WILDLIFE CODE

TITLE 4. WATER SAFETY

CHAPTER 32. FLOATING CABINS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 32.001. DEFINITIONS. In this chapter:

(1) "Coastal water" means those waters east and south of the

coastal waters boundary established in 31 T.A.C. Section

65.3(10).

(2) "Floating cabin" means a structure securely moored in the

coastal water of this state used for habitation or shelter and

not routinely used for transportation. The term includes all

mooring lines, anchors, anchor lines, spuds, and pilings and any

other tethering devices. The term does not include a structure

permitted by the General Land Office under Chapter 33, Natural

Resources Code.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.002. APPLICABILITY TO COASTAL WATER. This chapter

applies only to floating cabins moored in coastal water.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.003. APPLICABILITY OF OTHER LAW. Chapter 33, Natural

Resources Code, does not apply to a floating cabin regulated

under this chapter.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.004. EXEMPTION. Subchapter B does not apply to a

floating cabin owned by a state agency.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.005. RULES. The commission may adopt rules to implement

this chapter.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.006. NONAPPLICABILITY OF CHAPTER 2001, GOVERNMENT CODE.

The contested case provisions of the Administrative Procedure Act

(Sections 2001.051-2001.178, Government Code) do not apply to

this chapter.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

SUBCHAPTER B. PERMITS FOR FLOATING CABINS

Sec. 32.051. PERMIT REQUIRED. A person may not own, maintain,

or use a floating cabin in the public coastal water of this state

unless a permit has been issued under this chapter for the

floating cabin.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.052. ELIGIBILITY FOR PERMIT. A person may apply for a

floating cabin permit if:

(1) the person owns the floating cabin;

(2) the floating cabin floats at high tide; and

(3) the owner owned and moored the floating cabin before August

31, 2001.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.053. APPLICATION FOR PERMIT; REFUND. (a) An applicant

must apply for a permit on a form prescribed by the department.

The department shall issue a floating cabin permit to an

applicant who:

(1) meets the eligibility requirements of Section 32.052;

(2) provides the name, mailing address, and telephone number of

the applicant;

(3) describes the exact location of the floating cabin in terms

of longitude, latitude, degrees, minutes, and seconds as

determined by the global positioning system;

(4) describes the height, length, and width of the floating

cabin;

(5) provides the department with a color photograph with a full

view of the floating cabin;

(6) not later than August 31, 2001, pays a fee of $1,500 or a

lesser amount set by the commission; and

(7) provides the department with any other information that the

department reasonably requires.

(b) The applicant and each owner of the floating cabin must sign

the application under penalty of perjury.

(c) The department shall remit all fees collected under this

section to the comptroller for deposit to the credit of the

floating cabins cleanup account in the general revenue fund.

Money in the account may be used only for the cleanup of illegal

or abandoned floating cabins and related debris in the coastal

water.

(d) If the permit holder elects to retire the permit, the

department shall refund the fee under this section on

confirmation of proper removal of the floating cabin.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.054. TERM OF PERMIT. A floating cabin permit issued

under this chapter has a term of one year.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.055. ORIGINAL PERMIT AND PERMIT RENEWAL FEE. (a) An

original application for permit under Section 32.053 must be

accompanied by a permit application fee of $300.

(b) To renew a floating cabin permit, a permit holder must apply

in the manner prescribed by commission rule and pay a permit

renewal fee of $300.

(c) The department may refuse to issue or transfer an original

or renewal license, permit, or tag if the permittee has:

(1) been finally convicted of a violation of Section 32.154;

(2) failed to comply with a notice issued under Section 32.154;

or

(3) failed to pay a civil penalty assessed under Section 32.154.

(d) The department shall remit all fees collected under this

section to the comptroller for deposit to the credit of the game,

fish, and water safety account in the general revenue fund.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.056. LOCATION OF PERMIT; INSPECTION ALLOWED. A permit

holder shall keep a copy of the permit in the floating cabin and

available for inspection by the department on request.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.057. TRANSFER OF PERMIT. (a) A permit holder may in

writing transfer the permit to a new owner of the floating cabin.

(b) Not later than the 60th day after the date of transfer, the

new permit holder shall provide to the department:

(1) the name, mailing address, and telephone number of the new

permit holder;

(2) any other information the department reasonably requires;

and

(3) a $300 transfer fee.

(c) In the event that the permit holder consists of more than

one person, the withdrawal of persons from ownership shall not,

on renewal, be considered a transfer to the remaining owner or

owners for purpose of payment of the transfer fee.

(d) The new permit holder must sign the information provided to

the department under Subsection (b) under penalty of perjury.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.058. PURCHASE PROGRAM; PERMIT EXPIRES. (a) The

commission by rule may establish a program to purchase a floating

cabin for which a permit has been issued.

(b) On transfer of ownership under this section, the permit

issued for the floating cabin expires.

(c) The owner of a floating cabin is not required to sell the

cabin to the department under this section.

(d) The floating cabin purchase account is created as a separate

account in the general revenue fund. The account consists of

money deposited to the account under this section, including

interest on that money. The department may accept grants and

gifts of money or materials from private or public sources to be

applied to the floating cabin purchase account. Money in the

floating cabin purchase account may be used only for the purposes

of this section. Section 403.095, Government Code, does not apply

to the account.

(e) Money from the game, fish, and water safety account may not

be used to purchase a floating cabin under this section.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

SUBCHAPTER C. REQUIREMENTS AND PROHIBITED CONDUCT

Sec. 32.101. IDENTIFICATION OF FLOATING CABIN. (a) A floating

cabin must be marked and identified by numbers, reflective tape,

paint, or other means as the commission may by rule require.

(b) From sunset to sunrise, a floating cabin shall exhibit at

least one white light that is visible from a 360-degree angle.

(c) This section applies to each owner of a floating cabin.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.102. RELOCATION OF FLOATING CABIN. A permit holder may

relocate the floating cabin, subject to department approval, and

the commission shall by rule specify criteria for allowing

relocation.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.103. REPLACEMENT OF FLOATING CABIN. The permit holder

may replace the floating cabin if:

(1) the replacement cabin does not exceed the height, length, or

width of the original cabin; and

(2) the department approves the replacement.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.104. INCREASE IN SIZE OF CABIN PROHIBITED. A person may

not increase the height, length, or width of a floating cabin.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.105. SANITATION DEVICE. (a) A floating cabin shall be

equipped with a portable marine sanitation device capable of

holding and retaining human body waste.

(b) Each owner of a floating cabin is liable for a violation of

this section.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.106. SEWAGE DISCHARGE PROHIBITED. A person may not

discharge human body waste, treated or untreated, from a floating

cabin into or adjacent to coastal water or state land.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.107. LOCATION OF FLOATING CABIN IN CERTAIN SITES

PROHIBITED. (a) A floating cabin may not be located in a state

park, state wildlife refuge, state wildlife sanctuary, or state

coastal preserve.

(b) Each owner of a floating cabin is liable for a violation of

this section.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.108. OTHER PROHIBITED CONDUCT. An owner of a floating

cabin may not allow the cabin to:

(1) obstruct navigation;

(2) damage an oyster reef, serpulid reef, or seagrass bed; or

(3) rest on a bottom or shoreline at high tide.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

SUBCHAPTER D. ENFORCEMENT AND PENALTIES

Sec. 32.151. DISCIPLINARY ACTION. The department may suspend or

revoke a person's floating cabin permit or place the permit

holder on probation for a violation of this chapter.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.152. CIVIL ACTIONS ALLOWED; CIVIL PENALTY. (a) The

department may bring an action for damages, injunctive relief,

and any other appropriate civil relief for a violation of this

chapter, except for Section 32.106.

(b) A court shall award the department attorney's fees if the

department prevails in a suit filed under this section.

(c) Each owner of the floating cabin is jointly and severally

liable for a violation under this section.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.153. CRIMINAL PENALTIES. (a) A person commits an

offense if the person violates:

(1) Section 32.051;

(2) Section 32.053(b);

(3) Section 32.056;

(4) Section 32.057(d);

(5) Section 32.101;

(6) Section 32.104;

(7) Section 32.105;

(8) Section 32.106;

(9) Section 32.107; or

(10) Section 32.108.

(b) Except as provided by Subsection (c), an offense under

Subsection (a) is a Class C Parks and Wildlife Code misdemeanor.

(c) Except for a violation of Section 32.101(b), if it is shown

on the trial of an offense under this section that the defendant

was previously convicted two or more times under this section,

the offense is a Class B Parks and Wildlife Code misdemeanor,

except that the offense is not punishable by confinement in jail.

(d) Each day of a violation under this section is a separate

offense.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.154. REMOVAL OF FLOATING CABIN; CRIMINAL PENALTY; CIVIL

PENALTY; HEARING. (a) If a person owns a floating cabin that

does not meet the criteria for issuance of an original permit

under this chapter or if an owner violates a provision of Section

32.104, 32.107, or 32.108, the department may by written notice

require the removal of the floating cabin from the coastal water

not later than the 90th day after the date of notice. The owner

may, not later than 30 days after receipt of notice of removal,

object to the revocation and show good cause why the permit

should not be revoked. Good cause includes:

(1) force majeure, including a hurricane or tropical storm;

(2) circumstances resulting in a change of criteria for reasons

not attributable to the actions of the owner; or

(3) any other reasons that the department adopts by rule.

(b) A person commits an offense if the person does not remove

the floating cabin during the period provided by Subsection (a)

or such extended period as may be prescribed by department rule.

An offense under this subsection is a Class B Parks and Wildlife

Code misdemeanor, except that the offense is not punishable by

confinement in jail.

(c) The department may assess a civil penalty for a violation of

Subsection (a) of not more than $1,000 for each day after the

notice period that the owner fails to remove the floating cabin.

Each owner is jointly and severally liable for the civil penalty

and the reasonable costs of removal and cleanup of the floating

cabin and related materials at that location.

(d) If a person does not remove the floating cabin during the

period provided by Subsection (a), the department or a person or

entity authorized by the department may remove and dispose of the

floating cabin and any associated personal property in any manner

without further notice.

(e) Notice under this section is valid if:

(1) a person who owns a floating cabin has held a permit issued

under this chapter and the notice is sent by certified letter

from the department to the owner at the last address supplied to

the department under this chapter; or

(2) as to a floating cabin that has not been identified and for

which the owner has not been issued a permit, the notice is

affixed to the floating cabin.

(f) The department is not liable to a person for the value of a

floating cabin, or any personal property associated with the

cabin, removed under this section.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.

Sec. 32.155. VENUE. The department may file any suit under this

chapter in Travis County or the county in which the floating

cabin that is the subject of the suit is located.

Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15,

2001.