31 TAC §§55.201 - 55.207
The Texas Parks and Wildlife Commission adopts new §§55.201-55.207,
concerning floating cabins in public coastal waters. Section 55.203 and §55.205
are adopted with changes to the proposed text as published in the October
5, 2001, issue of the
Texas Register
(26 TexReg
7800). Sections 55.201, 55.202, 55.204, 55.206, and 55.207 are adopted without
changes and will not be republished. The change to §55.203, concerning
Relocation Requirements, alters subsection (b) to allow a cabin to be relocated
more than twice in a permit year, provided the permittee can show acceptable
cause to the department. The change further alters subsection (c)(1) to reduce
the minimum distance between relocated floating cabins from 1,000 feet to
500 feet, and allows cabins to be temporarily relocated for protection from
natural disaster. The change to §55.205, concerning Identification and
Marking Requirements, modifies paragraph (2) to alter the color and size requirements
for reflectors, eliminating red reflectors and reducing the required size
of reflectors from 9 square inches to 3 inches total.
Generally, the new sections are required to implement the provisions of
Senate Bill 1573, enacted by the 77th Legislature. New §55.201, concerning
Definitions, is necessary to unambiguously determine the applicability of
the rules to affected parties, and to create a standardized glossary of terms.
New §55.202, concerning Issuance and Renewal of Permits, is necessary
to establish a uniform method for persons who own floating cabins affected
by the statute to acquire, maintain, transfer, or relinquish permits. New §55.203,
concerning Relocation Requirements, is necessary to satisfy statutory requirements
for relocation of floating cabins. New §55.204, concerning Replacement
Requirements, is necessary to comply with statutory requirements concerning
replacement of floating cabins. New §55.205, concerning Marking and Identification
Requirements, is necessary to comply with statutory requirements to establish
conventions for the marking and identification of floating cabins. New §55.206,
concerning Permit Purchase Program, is necessary to comply with statutory
provisions requiring a mechanism and procedures for the department to purchase
and retire permits issued under the subchapter. New §55.207, concerning
Specifications for Marine Sanitation Devices, is necessary to satisfy statutory
requirements to establish minimum sanitation requirements for floating cabins.
New §55.201 will function by defining certain terms used in the rulemaking.
New §55.202 will function by setting forth the requirements and deadlines
for the issuance and renewal of permits. New §55.203 will function by
establishing the conditions and procedures for relocating a permitted floating
cabin from a permitted location to a new location. New §55.204 will function
by creating a procedure for application and approval prior to replacement
of a floating cabin. New §55.205 will function by setting forth a convention
for the marking and identification of floating cabins. New §55.206 will
function by creating a mechanism and procedures for the department to purchase
and retire permits issued under the subchapter. New §55.207 will function
by establishing the minimum sanitation requirements for floating cabins.
The department received 15 comments concerning adoption of the proposed
new rules. Two commenters stated that they favored the complete elimination
of floating cabins in coastal waters. The department disagrees with the comments
and responds that there is no statutory authority for the department to undertake
such action. No changes were made as a result of the comments. Four commenters
stated that the 1,000 foot minimum distance requirement between relocated
cabins was too great. The department agrees with the comments and the minimum
distance has been changed to 500 feet. One commenter opposed any restrictions
on the distance between cabins. The department disagrees with the comment
and responds that a minimum distance requirement is necessary to protect the
safety of cabins and occupants in the event of rough weather or situations
in which cabins are accidentally unmoored. No changes were made as a result
of the comment. One commenter requested that the requirement for reflectors
to be a minimum of nine square inches be modified to the standard three-inch
reflectors sold in most hardware stores. The department agrees with the comment
has made the change accordingly. One commenter opposed the $300 permit fee.
The department disagrees with the comment and responds that the fee is established
by the legislature. No changes were made as a result of the comment. Two commenters
stated that the proposed 90-day grace period for permit renewals was too short.
The department disagrees with the comments and responds that the 90-day period
was selected based on the statutory requirement that a cabin be removed from
public waters no later than the 90th day following expiration of a permit.
No changes were made as a result of the comments. One commenter requested
that the department notify permit holders 60 days before permit expiration.
The department disagrees with the comment and responds that it should be the
responsibility of the permittee to ensure that the permit is maintained. No
changes were made as a result of the comment. One commenter supported adoption
of the new rules.
Saltwater- fisheries Enhancement Association commented in support of adoption
of the proposed new rules.
The new rules are adopted under Parks and Wildlife Code, §32.005,
which authorizes the commission to adopt rules to implement the provisions
of Chapter 32.
§55.203.Relocation Requirements.
(a)
A floating cabin may not be relocated except on approval
of a completed Relocation Application and verification that the proposed location
meets the requirements of this subchapter and Parks and Wildlife Code, §32.107
and §32.108.
(b)
A floating cabin may not be relocated more than twice during
a permit year except upon show of cause acceptable to the Department.
(c)
A floating cabin may not be relocated within:
(1)
a distance of 500 feet of any other floating cabin or structure
required to be permitted under Natural Resource Code, Chapter 33; or
(2)
a distance of 250 feet of a pipeline.
(d)
Upon written notification to Texas Parks and Wildlife,
a permitted floating cabin may be removed from public water for the purpose
of repair or temporarily relocated for protection from natural disaster at
any time. At the completion of repairs or reduced threat of natural disaster,
the cabin may be returned to the original permitted location.
§55.205.Identification and Marking Requirements.
All floating cabins required to be permitted under the provisions of
Parks and Wildlife Code, Chapter 32, shall be marked as follows.
(1)
The permit number must be displayed on the outside of the
cabin area on two opposite sides. The number shall be attached to or painted
in block arabic letters of good proportion in contrasting color to the background
and be at least three inches in height. The assigned permit numbering pattern
consists of the prefix "FC" followed by a combination of numerals and an annual
validation sticker. The group of numerals appearing between the letters and
validation sticker shall be separated by a hyphen or equivalent space.
(2)
Each floating cabin must exhibit an orange reflector measuring
a minimum of 3 inches. Reflectors shall be mounted on the outer 1/3 portion
of each side of the floating cabin in a manner allowing an unobstructed view
from an approach to the side.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on January 22, 2002.
TRD-200200306
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: February 11, 2002
Proposal publication date: October 5, 2001
For further information, please call: (512) 389-4775