By Madden H.B. No. 1424
76R2262 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the abolition of the office of county surveyor in each
1-3 county in the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 23, Natural Resources Code,
1-6 is amended by adding Section 23.0001 to read as follows:
1-7 Sec. 23.0001. ABOLITION OF OFFICE. (a) The office of
1-8 county surveyor is abolished.
1-9 (b) The maps, field notes, and other records in the custody
1-10 of the county surveyor are transferred to the county clerk.
1-11 (c) The commissioners court of a county may employ or
1-12 contract with a qualified person to perform any of the functions
1-13 that are assigned by law to the county surveyor.
1-14 (d) A reference in law to a county surveyor is considered to
1-15 be a reference to the person whom the commissioners court employs
1-16 or with whom the commissioners court contracts under Subsection
1-17 (c).
1-18 SECTION 2. Section 21.042, Natural Resources Code, is
1-19 amended to read as follows:
1-20 Sec. 21.042. SURVEYOR'S CERTIFICATION. [(a)] The surveyor
1-21 shall certify [officially]:
1-22 (1) to the correctness of the survey;
1-23 (2) that the survey was made according to law;
1-24 (3) that the survey was actually made in the field;
2-1 and
2-2 (4) that the field notes are duly recorded, giving the
2-3 book and page.
2-4 [(b) If the survey was made by a deputy, the county surveyor
2-5 shall certify officially that:]
2-6 [(1) he has examined the field notes;]
2-7 [(2) he finds them correct; and]
2-8 [(3) he has determined that the survey is duly
2-9 recorded, giving the book and page of record.]
2-10 SECTION 3. Section 21.043(a), Natural Resources Code, is
2-11 amended to read as follows:
2-12 (a) If the original field notes of an authorized survey are
2-13 lost or destroyed, the owner or his agent may obtain a certified
2-14 copy of the record from the county clerk [surveyor] on making an
2-15 affidavit of the loss or destruction and filing it in the office of
2-16 the county clerk [surveyor] where the survey was recorded.
2-17 SECTION 4. Section 23.054, Natural Resources Code, is
2-18 amended to read as follows:
2-19 Sec. 23.054. RIGHT OF INSPECTION. At all times, any
2-20 interested person, agent, or attorney may examine the survey books,
2-21 papers, plats, maps, or other survey archives belonging to the
2-22 office of the county clerk [surveyor] on the payment of the fee set
2-23 by law. In addition to the fees allowed by law for field work, the
2-24 county clerk [surveyor] may charge 20 cents per 100 words for the
2-25 record.
2-26 SECTION 5. Section 23.056(a), Natural Resources Code, is
2-27 amended to read as follows:
3-1 (a) If the maps, field notes, or other survey records of the
3-2 county clerk's [surveyor's] office, or any part of them, are lost
3-3 or destroyed, the county clerk [surveyor] shall obtain from the
3-4 commissioner a transcript of the lost records, certified to as
3-5 required by law.
3-6 SECTION 6. Sections 51.173(a), (c), (d), and (e), Natural
3-7 Resources Code, are amended to read as follows:
3-8 (a) To purchase or lease a vacancy, a person must file an
3-9 application. The filing of an application commences a proceeding
3-10 under this subchapter. The applicant must file the application
3-11 with the county clerk [surveyor] of the county in which all or part
3-12 of the land claimed to be vacant is located. [If the county does
3-13 not have a county surveyor, the application must be filed with the
3-14 county clerk.]
3-15 (c) The commissioner by rule shall set an application filing
3-16 fee in an amount of not less than $5. The applicant shall pay the
3-17 filing fee to the [county surveyor or] county clerk at the time the
3-18 application is filed.
3-19 (d) The [county surveyor or] county clerk shall mark the
3-20 exact date and hour of filing on the original and a duplicate copy
3-21 of the application and shall return a marked copy to the person
3-22 filing the application. The original shall be recorded in a book
3-23 kept for that purpose separate from the deed or real property
3-24 records.
3-25 (e) Priority among applications covering the same land
3-26 claimed to be vacant is determined by the time of filing indicated
3-27 by the date and hour marked on the application by the [county
4-1 surveyor or] county clerk.
4-2 SECTION 7. Section 51.174(a), Natural Resources Code, is
4-3 amended to read as follows:
4-4 (a) The applicant shall file with the commissioner a copy of
4-5 the application with the county [surveyor's or] clerk's mark
4-6 indicating the time of filing not later than the 10th day after the
4-7 application is filed with the county [surveyor or] clerk. The
4-8 applicant shall include a filing fee set by the commissioner in an
4-9 amount of not less than $100. If the 10th day after filing falls on
4-10 a Saturday, Sunday, or state or federal holiday, the application
4-11 may be filed on the next regular business day following the 10th
4-12 day.
4-13 SECTION 8. Section 51.175(a), Natural Resources Code, is
4-14 amended to read as follows:
4-15 (a) If an applicant is not a good-faith claimant, the
4-16 commissioner shall estimate the costs of proceeding under the
4-17 application, including the costs of a survey made by a licensed
4-18 state land surveyor [or the county surveyor], the preparation of
4-19 copies and working sketches by the land office, the mailing or
4-20 publication of notices and copies, and other similar costs,
4-21 excluding allocable costs of salaries and overhead expended by the
4-22 land office in actually conducting a hearing or preparing orders
4-23 and proposals for decision.
4-24 SECTION 9. Section 51.178(a), Natural Resources Code, is
4-25 amended to read as follows:
4-26 (a) Not later than the 60th day after the date on which the
4-27 required deposit is paid, the commissioner shall appoint a licensed
5-1 state land surveyor [or the county surveyor of the county in which
5-2 all or a part of the land claimed to be vacant is located] to make
5-3 a survey of the [that] land claimed to be vacant.
5-4 SECTION 10. Section 51.192(b), Natural Resources Code, is
5-5 amended to read as follows:
5-6 (b) If the commissioner finds that the evidence presented is
5-7 accurate, further notice to other persons is not required and, on
5-8 acceptance for filing by the commissioner of a survey made by a
5-9 licensed state land surveyor [or the county surveyor of the county
5-10 in which the land claimed to be vacant or a part of that land is
5-11 located], the commissioner may enter an order declaring the
5-12 existence of the vacancy and determining the good-faith status of
5-13 the applicant.
5-14 SECTION 11. Section 53.015(c), Natural Resources Code, is
5-15 amended to read as follows:
5-16 (c) If the area designated for lease in the application is
5-17 less than the area covered by the permit, the applicant shall
5-18 include with the application field notes prepared by [the county
5-19 surveyor or by] a licensed state land surveyor describing the land
5-20 designated.
5-21 SECTION 12. Section 87.012, Local Government Code, is
5-22 amended to read as follows:
5-23 Sec. 87.012. OFFICERS SUBJECT TO REMOVAL. The district
5-24 judge may, under this subchapter, remove from office:
5-25 (1) a district attorney;
5-26 (2) a county attorney;
5-27 (3) a county judge;
6-1 (4) a county commissioner;
6-2 (5) a county clerk;
6-3 (6) a district clerk;
6-4 (7) a district and county clerk;
6-5 (8) a county treasurer;
6-6 (9) a sheriff;
6-7 (10) [a county surveyor;]
6-8 [(11)] a county tax assessor-collector;
6-9 (11) [(12)] a constable;
6-10 (12) [(13)] an inspector of hides and animals;
6-11 (13) [(14)] a justice of the peace; and
6-12 (14) [(15)] a county officer, not otherwise named by
6-13 this section, whose office is created under the constitution or
6-14 other law of this state.
6-15 SECTION 13. Section 87.041(a), Local Government Code, is
6-16 amended to read as follows:
6-17 (a) The commissioners court of a county may fill a vacancy
6-18 in the office of:
6-19 (1) county judge;
6-20 (2) county clerk;
6-21 (3) district and county clerk;
6-22 (4) sheriff;
6-23 (5) county attorney;
6-24 (6) county treasurer;
6-25 (7) [county surveyor;]
6-26 [(8)] inspector of hides and animals;
6-27 (8) [(9)] county tax assessor-collector;
7-1 (9) [(10)] justice of the peace; or
7-2 (10) [(11)] constable.
7-3 SECTION 14. The heading of Subchapter H, Chapter 118, Local
7-4 Government Code, is amended to read as follows:
7-5 SUBCHAPTER H. COUNTY FEES FOR SURVEYS [OF COUNTY SURVEYOR]
7-6 SECTION 15. Section 118.161, Local Government Code, is
7-7 amended to read as follows:
7-8 Sec. 118.161. FEE SCHEDULE. A county [surveyor] shall
7-9 collect the following fees:
7-10 (1) for recording the field notes and plat of a survey
7-11 for a tract of land, providing copies of field notes, plats, or
7-12 other papers or records, and certifying any copies, the same amount
7-13 collected by the county clerk of the county as a filing fee;
7-14 (2) for surveying a tract of land or designating a
7-15 homestead:
7-16 (A) the actual expenses incurred, including all
7-17 expenses of making the survey, preparing a survey report, field
7-18 notes, plat, and other documents required by law, and filing those
7-19 documents in the records of the county clerk [surveyor] or the
7-20 General Land Office; and
7-21 (B) any fees for surveying services agreed on by
7-22 the county [surveyor] and the person seeking the services; and
7-23 (3) for filing an application to purchase or lease a
7-24 vacancy or for surveying a vacancy, the amounts provided by
7-25 Subchapter E, Chapter 51, Natural Resources Code.
7-26 SECTION 16. Section 154.022(a), Local Government Code, is
7-27 amended to read as follows:
8-1 (a) In a county with a population of less than 20,000, the
8-2 commissioners court shall determine, by order entered in the record
8-3 at its first regular meeting in the first month of each fiscal
8-4 year, whether county officers are to be compensated for the fiscal
8-5 year by an annual salary or by fees earned from the performance of
8-6 official duties. This subsection does not apply to a [county
8-7 surveyor,] registrar of vital statistics[,] or notary public or to
8-8 a county officer required to be compensated on a salary basis.
8-9 SECTION 17. Section 291.002, Local Government Code, is
8-10 amended to read as follows:
8-11 Sec. 291.002. OFFICES AT COUNTY SEAT. The county judge,
8-12 sheriff, clerks of the district and county courts, county
8-13 treasurer, tax assessor-collector, [county surveyor,] and county
8-14 attorney shall keep their offices at the county seat.
8-15 SECTION 18. Section 52.092(e), Election Code, is amended to
8-16 read as follows:
8-17 (e) County offices shall be listed in the following order:
8-18 (1) county judge;
8-19 (2) judge, county court at law;
8-20 (3) judge, county criminal court;
8-21 (4) judge, county probate court;
8-22 (5) county attorney;
8-23 (6) district clerk;
8-24 (7) district and county clerk;
8-25 (8) county clerk;
8-26 (9) sheriff;
8-27 (10) sheriff and tax assessor-collector;
9-1 (11) county tax assessor-collector;
9-2 (12) county treasurer;
9-3 (13) county school trustee (county with population of
9-4 two million or more);
9-5 (14) [county surveyor;]
9-6 [(15)] inspector of hides and animals.
9-7 SECTION 19. Section 172.024(a), Election Code, is amended to
9-8 read as follows:
9-9 (a) The filing fee for a candidate for nomination in the
9-10 general primary election is as follows:
9-11 (1) United States senator ..................... $4,000
9-12 (2) office elected statewide, except United
9-13 States senator ........................... 3,000
9-14 (3) United States representative ............... 2,500
9-15 (4) state senator .............................. 1,000
9-16 (5) state representative ......................... 600
9-17 (6) member, State Board of Education ............. 250
9-18 (7) chief justice or justice, court of appeals,
9-19 other than a justice specified by
9-20 Subdivision (8) .......................... 1,500
9-21 (8) chief justice or justice of a court of
9-22 appeals that serves a court of
9-23 appeals district in which a
9-24 county with a population of
9-25 more than 850,000 is wholly or
9-26 partly situated .......................... 2,000
9-27 (9) district judge or judge specified by Section
10-1 52.092(d) for which this schedule does
10-2 not otherwise prescribe a fee ............ 1,200
10-3 (10) district or criminal district judge of a
10-4 court in a judicial district wholly
10-5 contained in a county with a
10-6 population of more than 850,000 ......... 2,000
10-7 (11) judge, statutory county court, other than a
10-8 judge specified by Subdivision (12) ..... 1,200
10-9 (12) judge of a statutory county court in a
10-10 county with a population of more than
10-11 850,000 ................................. 2,000
10-12 (13) district attorney, criminal district
10-13 attorney, or county attorney performing
10-14 the duties of a district attorney ....... 1,000
10-15 (14) county commissioner or judge, constitutional
10-16 county court:
10-17 (A) county with a population of 200,000
10-18 or more .......................... 1,000
10-19 (B) county with a population of under
10-20 200,000 ............................ 600
10-21 (15) justice of the peace or constable:
10-22 (A) county with a population of 200,000
10-23 or more ............................ 800
10-24 (B) county with a population of under
10-25 200,000 ............................ 300
10-26 (16) [county surveyor,] inspector of hides and
10-27 animals[,] or public weigher ............... 50
11-1 (17) office of the county government for which
11-2 this schedule does not otherwise
11-3 prescribe a fee............................ 600
11-4 SECTION 20. Section 251.054(a), Transportation Code, is
11-5 amended to read as follows:
11-6 (a) A new road ordered by the commissioners court of a
11-7 county must be laid out by a jury of view consisting of five
11-8 property owners appointed by the commissioners court. The jury of
11-9 view shall lay out the road to the greatest advantage of the public
11-10 and shall survey and describe the road. [The commissioners court
11-11 may order the county surveyor to cooperate with the jury.] The
11-12 jury shall make a report of its proceedings, including its field
11-13 notes, survey, or other description of the road, to the court at
11-14 its next term after the jury has completed its duties.
11-15 SECTION 21. Section 34.043(b), Civil Practice and Remedies
11-16 Code, is amended to read as follows:
11-17 (b) The defendant must present to the executing officer:
11-18 (1) a plat of the property as divided and as surveyed
11-19 by a licensed state land [the county] surveyor [of the county in
11-20 which the property is located]; and
11-21 (2) field notes of each numbered lot with a
11-22 certificate of the [county] surveyor certifying that the notes are
11-23 correct.
11-24 SECTION 22. Section 28, Professional Land Surveying
11-25 Practices Act (Article 5282c, Vernon's Texas Civil Statutes), is
11-26 amended to read as follows:
11-27 Sec. 28. COUNTY CLERK [SURVEYOR] AUTHORIZED TO RECORD FIELD
12-1 NOTES AND DOCUMENTS IN COUNTY CLERK'S [SURVEYOR'S] RECORDS;
12-2 [EXCEPTIONS;] FEES; ACCESS TO RECORDS. (a) The [In cases where a
12-3 county has a county surveyor, the] county clerk [surveyor alone] is
12-4 authorized to file and record field notes and plats of all surveys
12-5 made in that county and other survey documents [required by law to
12-6 be recorded in the county surveyor's records] and to issue
12-7 certificates of fact and certify the correctness of copies of any
12-8 document, record, or entry shown by the survey records of the
12-9 clerk [a county surveyor. However, if a county surveyor and his or
12-10 her authorized deputy or deputies are absent from the office, the
12-11 county clerk of the county has free access to the county surveyor's
12-12 office and public records and, in such event, is authorized to
12-13 record field notes, plats, and other documents required to be
12-14 recorded in the county surveyor's records and to issue certificates
12-15 of fact and certify the correctness of copies of any document,
12-16 record, or entry shown on the official records of the county
12-17 surveyor. In cases where a county has no county surveyor, the
12-18 county clerk of the county is the legal custodian of the surveyor's
12-19 records and is authorized to make all the certificates and certify
12-20 the copies that a legally authorized county surveyor may make].
12-21 (b) The fees for recording documents under Subsection (a)
12-22 [in the surveyor's records] and issuing certificates and making
12-23 certified copies are the fees now or hereafter provided by law.
12-24 [The county surveyor is entitled to fees for all documents recorded
12-25 by the county surveyor or his or her deputies and for all
12-26 certificates and certified copies issued by the county surveyor or
12-27 his or her deputies.] The county clerk is entitled to all fees for
13-1 documents recorded by the county clerk and for all certificates and
13-2 certified copies issued by the county clerk under the provisions of
13-3 this Act.
13-4 (c) All licensed state land surveyors shall for the purpose
13-5 of information and examination have access to the survey records of
13-6 county clerks [surveyors], and no examination fee shall be charged
13-7 in cases where an investigation of the records is being made with a
13-8 view to making surveys of public lands under the laws regulating
13-9 the sale or lease of the same or of identifying and establishing
13-10 the boundaries of public land. All examinations shall be made
13-11 under such regulations as may be provided by the county clerk
13-12 [surveyor] or the commissioners court for the safekeeping and
13-13 preservation of the records.
13-14 SECTION 23. The following laws are repealed:
13-15 (1) Subchapter B, Chapter 23, Natural Resources Code;
13-16 (2) Sections 23.051, 23.052, 23.053, 23.055, 23.057,
13-17 23.058, and 23.059, Natural Resources Code; and
13-18 (3) Section 25(b), Professional Land Surveying
13-19 Practices Act (Article 5282c, Vernon's Texas Civil Statutes).
13-20 SECTION 24. (a) This Act takes effect January 1, 2000, if
13-21 the constitutional amendment proposed by the 76th Legislature,
13-22 Regular Session, 1999, abolishing the office of county surveyor in
13-23 each county in the state, takes effect. If that amendment is not
13-24 approved by the voters, this Act has no effect.
13-25 (b) The changes in law made by this Act apply only to a term
13-26 of office, an unexpired term of office, or a vacancy in the office
13-27 of county surveyor that begins on or after the effective date of
14-1 this Act. A term of office, an unexpired term of office, or a
14-2 vacancy in the office of county surveyor that began before the
14-3 effective date of this Act is governed by the law in effect when
14-4 the term, unexpired term, or vacancy in the office began, and the
14-5 former law is continued in effect for that purpose.
14-6 SECTION 25. The importance of this legislation and the
14-7 crowded condition of the calendars in both houses create an
14-8 emergency and an imperative public necessity that the
14-9 constitutional rule requiring bills to be read on three several
14-10 days in each house be suspended, and this rule is hereby suspended.