SRC-TJG, JLB, TJG S.B. 641 78(R)BILL ANALYSIS


Senate Research CenterS.B. 641
By: West
Natural Resources
8/19/2003
Enrolled


DIGEST AND PURPOSE 

Currently, a court may dismiss the legal meaning of state land records in
disputes involving the littoral boundaries of state-owned land.  S.B. 641
creates a presumption that documents of record, including maps and
surveys, in the archives of the General Land Office accurately depict
boundaries of patents, grants, and titles emanating from the state. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 18, Civil Practice and Remedies
Code, by adding Section 18.033, as follows: 

Sec. 18.033.  STATE LAND RECORDS.  (a) Requires the maps, surveys, and
property descriptions filed in the General Land Office in connection with
any conveyance by the state or any predecessor government by patent, deed,
lease, or other authorized forms of grant, in a dispute between the State
of Texas and an upland owner of property fronting on the Gulf of Mexico
and the arms of the Gulf of Mexico within the boundaries of the State of
Texas, to be presumed to accurately depict the boundary adjacent upland
owners and the state-owned submerged lands. 

(b) Provides that this presumption applies only to those surveys conducted
by a surveyor duly appointed, elected, or licensed, and qualified. 

(c) Authorizes the presumption to be overcome only on a showing of clear
and convincing evidence that the boundary as described and depicted in the
archives of the General Land Office is erroneous.  

SECTION 2.  (a) Effective date: upon passage or September 1, 2003.

(b) Makes application of this Act prospective.