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.