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.