PARKS AND WILDLIFE CODE
CHAPTER 32. FLOATING CABINS
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 32.005. RULES. The commission may adopt rules to
implement this chapter.
Added by Acts 2001, 77th Leg., ch. 1273, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
SUBCHAPTER B. PERMITS FOR FLOATING CABINS
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
SUBCHAPTER C. REQUIREMENTS AND PROHIBITED CONDUCT
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
SUBCHAPTER D. ENFORCEMENT AND PENALTIES
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
§ 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, § 1, eff. June 15, 2001.
