1-1 By: Ratliff S.B. No. 1679 1-2 (In the Senate - Filed April 26, 1995; April 27, 1995, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 28, 1995, reported favorably by the following vote: Yeas 8, 1-5 Nays 0; April 28, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the notice the seller of an interest in coastal area 1-9 property is required to furnish the purchaser. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subsection (a), Section 33.135, Natural Resources 1-12 Code, is amended to read as follows: 1-13 (a) A person who sells, transfers, or conveys an interest 1-14 other than a mineral, leasehold, or security interest in real 1-15 property adjoining and abutting the tidally influenced waters of 1-16 the state must include the following notice as a part of a written 1-17 executory contract for the sale, transfer, or conveyance: 1-18 "NOTICE REGARDING COASTAL AREA PROPERTY 1-19 "(1) The real property described in and subject to 1-20 this contract adjoins and shares a common boundary with the tidally 1-21 influenced submerged lands of the state. The boundary is subject 1-22 to change and can be determined accurately only by a survey on the 1-23 ground made by a licensed state land surveyor or registered 1-24 professional land surveyor in accordance with the original grant 1-25 from the sovereign. The owner of the property described in this 1-26 contract may gain or lose portions of the tract because of changes 1-27 in the boundary. 1-28 "(2) The seller, transferor, or grantor has no 1-29 knowledge of any prior fill as it relates to the property described 1-30 in and subject to this contract. 1-31 "(3) State law prohibits the use, encumbrance, 1-32 construction, or placing of any structure in, on, or over 1-33 state-owned submerged lands below the applicable tide line, without 1-34 proper permission. 1-35 "(4) The purchaser or grantee is hereby advised to 1-36 seek the advice of an attorney or other qualified person as to the 1-37 legal nature and effect of the facts set forth in this notice on 1-38 the property described in and subject to this contract. 1-39 Information regarding the location of the applicable tide line as 1-40 to the property described in and subject to this contract may be 1-41 obtained from the surveying division of the General Land Office in 1-42 Austin." 1-43 SECTION 2. The change in law made by this Act applies only 1-44 to a notice required to be provided on or after the effective date 1-45 of this Act. A notice required to be provided before the effective 1-46 date of this Act is covered by the law in effect on the date the 1-47 notice was required to be provided, and that law is continued in 1-48 effect for that purpose. 1-49 SECTION 3. This Act takes effect September 1, 1995. 1-50 SECTION 4. The importance of this legislation and the 1-51 crowded condition of the calendars in both houses create an 1-52 emergency and an imperative public necessity that the 1-53 constitutional rule requiring bills to be read on three several 1-54 days in each house be suspended, and this rule is hereby suspended. 1-55 * * * * *