By Hilbert H.B. No. 3136
77R7298 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the statute of limitations for persons seeking damages
1-3 from injury or loss caused by an error in a survey.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 16.011, Civil Practice and Remedies Code,
1-6 is amended to read as follows:
1-7 Sec. 16.011. SURVEYORS. (a) A person must bring suit for
1-8 damages arising from an injury or loss caused by an error in a
1-9 survey conducted by a registered public surveyor or a licensed
1-10 state land surveyor[:]
1-11 [(1)] not later than four [10] years after the date
1-12 the survey is completed [if the survey is completed on or after
1-13 September 1, 1989; or]
1-14 [(2) not later than September 1, 1991, or 10 years
1-15 after the date the survey was completed, whichever is later, if the
1-16 survey was completed before September 1, 1989].
1-17 (b) If the claimant presents a written claim for damages to
1-18 the surveyor during the four-year [10-year] limitations period, the
1-19 period is extended for two years from the date the claim is
1-20 presented.
1-21 SECTION 2. (a) This Act takes effect September 1, 2001.
1-22 (b) The four-year statute of limitations under Section
1-23 16.011, Civil Practice and Remedies Code, as amended by this Act,
1-24 applies only to a survey completed on or after the effective date
2-1 of this Act.
2-2 (c) The 10-year statute of limitations as it existed under
2-3 Section 16.011, Civil Practice and Remedies Code, before amendment
2-4 by this Act, applies to a survey completed before the effective
2-5 date of this Act, and that law is continued in effect for that
2-6 purpose.