By: Ratliff S.B. No. 1679 A BILL TO BE ENTITLED AN ACT 1-1 relating to the notice the seller of an interest in coastal area 1-2 property is required to furnish the purchaser. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subsection (a), Section 33.135, Natural Resources 1-5 Code, is amended to read as follows: 1-6 (a) A person who sells, transfers, or conveys an interest 1-7 other than a mineral, leasehold, or security interest in real 1-8 property adjoining and abutting the tidally influenced waters of 1-9 the state must include the following notice as a part of a written 1-10 executory contract for the sale, transfer, or conveyance: 1-11 "NOTICE REGARDING COASTAL AREA PROPERTY 1-12 "(1) The real property described in and subject to 1-13 this contract adjoins and shares a common boundary with the tidally 1-14 influenced submerged lands of the state. The boundary is subject 1-15 to change and can be determined accurately only by a survey on the 1-16 ground made by a licensed state land surveyor or registered 1-17 professional land surveyor in accordance with the original grant 1-18 from the sovereign. The owner of the property described in this 1-19 contract may gain or lose portions of the tract because of changes 1-20 in the boundary. 1-21 "(2) The seller, transferor, or grantor has no 1-22 knowledge of any prior fill as it relates to the property described 1-23 in and subject to this contract. 1-24 "(3) State law prohibits the use, encumbrance, 2-1 construction, or placing of any structure in, on, or over 2-2 state-owned submerged lands below the applicable tide line, without 2-3 proper permission. 2-4 "(4) The purchaser or grantee is hereby advised to 2-5 seek the advice of an attorney or other qualified person as to the 2-6 legal nature and effect of the facts set forth in this notice on 2-7 the property described in and subject to this contract. 2-8 Information regarding the location of the applicable tide line as 2-9 to the property described in and subject to this contract may be 2-10 obtained from the surveying division of the General Land Office in 2-11 Austin." 2-12 SECTION 2. The change in law made by this Act applies only 2-13 to a notice required to be provided on or after the effective date 2-14 of this Act. A notice required to be provided before the effective 2-15 date of this Act is covered by the law in effect on the date the 2-16 notice was required to be provided, and that law is continued in 2-17 effect for that purpose. 2-18 SECTION 3. This Act takes effect September 1, 1995. 2-19 SECTION 4. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended.