BILL ANALYSIS C.S.S.B. 1679 By: Ratliff (Saunders) May 13, 1995 Committee Report (Substituted) BACKGROUND The 73rd Legislature passed S.B. 964 which added a new section to the Natural Resources Code requiring certain notices regarding coastal property. The new section required the boundary survey to be made by a licensed state land surveyor. There are a limited number of licensed state land surveyors in comparison to all professional land surveyors, and this restriction is unnecessary. PURPOSE As proposed, C.S.S.B. 1679 provides that surveys of coastal property can be made by registered professional land surveyors as well as licensed state land surveyors in order to comply with the notice requirements under Section 33.135, Natural Resources Code. The bill also makes changes in the notice procedures required for coastal properties, and it deletes a provision that made the failure to properly provide notice a deceptive act under Section 17.46, Business and Commerce Code. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1 Amends Sections 33.135 and 61.025, Natural Resources Code, as follows: Section 33.135 is amended to provide that a licensed state land surveyor or a registered professional land surveyor may determine the changing coastal boundary in a notice regarding the conveyance of coastal area property. The bill makes several nonsubstantive, technical changes to clarify the language in the section, and the section is amended in Subsection (b) to outline the times at which notice must be provided. In Subsection (d), the bill deletes the provision that stated that failure to provide notice as required by this section constituted a deceptive act under Section 17.46, Business and Commerce Code. Section 61.025 is amended to make conforming changes regarding the timing requirements for providing notice. The section is also amended to delete the provision that stated that failure to provide notice as required by this section constituted a deceptive act under Section 17.46, Business and Commerce Code. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute is a legislative council draft, and therefore, makes several nonsubstantive, technical changes in the language of the amended sections. The substitute adds the provisions relating to the timing of providing notice, and the substitute deletes the language in the section relating to deceptive acts under Section 17.46, Business and Commerce Code. SUMMARY OF COMMITTEE ACTION S.B. 1679 was considered by the committee in a formal meeting on May 8, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent. On May 12, 1995, the bill was recommitted to committee. S.B. 1679 was considered by the committee in a formal meeting on May 12, 1995. The committee considered a complete substitute for the bill. One amendment was offered to the substitute. The amendment to the substitute was adopted without objection. The substitute as amended was adopted without objection. The chair directed the staff to incorporate the amendment into the substitute. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.