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.