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78R5688 MI-F


By:  Turner                                                       H.B. No. 1106



A BILL TO BE ENTITLED

AN ACT

relating to presumptions for state land records.                              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 18, Civil Practice and 
Remedies Code, is amended by adding Section 18.033 to read as 
follows:
	Sec. 18.033.  STATE LAND RECORDS.  (a)  In a dispute 
involving the littoral boundaries of state-owned land, the 
documents, including maps and surveys, placed of record in the 
archives of the General Land Office are presumed to accurately 
depict the boundaries described in those documents.
	(b)  This presumption applies only to those surveys 
conducted by a licensed state land surveyor or county surveyor.
	(c)  This presumption may 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)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  The change in law made by Section 18.033, Civil Practice 
and Remedies Code, as added by this Act, applies only to an action 
that is instituted on or after the effective date of this Act.