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.