By Wilson H.B. No. 1184
75R4800 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recording of certain information concerning real
1-3 property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.001, Property Code, is amended by
1-6 adding Subsection (e) to read as follows:
1-7 (e) Notwithstanding Subsection (a), a deed containing a
1-8 legal description of real property prepared by a registered
1-9 professional land surveyor may not be recorded unless the original
1-10 description is signed, sealed, and dated by the surveyor who
1-11 prepared the description and is attached to and recorded with the
1-12 deed. In this subsection, "registered professional land surveyor"
1-13 has the meaning assigned by Section 2, Professional Land Surveying
1-14 Practices Act (Article 5282c, Vernon's Texas Civil Statutes).
1-15 SECTION 2. Chapter 12, Property Code, is amended by adding
1-16 Section 12.019 to read as follows:
1-17 Sec. 12.019. INFORMATION RECORDED BY SURVEYOR. (a) In this
1-18 section, "registered professional land surveyor" has the meaning
1-19 assigned by Section 2, Professional Land Surveying Practices Act
1-20 (Article 5282c, Vernon's Texas Civil Statutes).
1-21 (b) A registered professional land surveyor may record a
1-22 narrative, including a survey, plat, or description, prepared by
1-23 the surveyor to complete a real property transaction, including a
1-24 conveyance of fee title, an easement, or a lease. The narrative
2-1 must include the printed name of and be signed, sealed, and dated
2-2 by the surveyor.
2-3 (c) A registered professional land surveyor may record an
2-4 affidavit to correct an error, omission, or illegibility in a
2-5 document recorded under Subsection (b). The affidavit must:
2-6 (1) describe the nature and extent of the error,
2-7 omission, or illegibility and the appropriate correction;
2-8 (2) include the printed name of and be signed, sealed,
2-9 and dated by the surveyor; and
2-10 (3) identify the previously recorded document by book
2-11 and page number.
2-12 SECTION 3. Section 12.001(e), Property Code, as added by
2-13 this Act, applies only to a deed recorded on or after January 1,
2-14 1998.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.