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S.B. No. 640
AN ACT
relating to notice to the State of Texas of a claim against the
School Land Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.171, Natural Resources Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) The state is entitled to receive notice of a claim
against the School Land Board under this subchapter not later than
the 180th day after the day the action of the board giving rise to
the claim occurred. The notice must reasonably describe:
(1) the action of the board that affected the littoral
owner's rights;
(2) the time and place of the board's action; and
(3) the nature of the claim, specifying, as
applicable, the manner in which:
(A) the board's action affected the title to or
boundary of coastal public land to the detriment of the littoral
owner;
(B) the board's action affected an interest in
land sought or granted under this chapter; or
(C) the board violated this chapter or a rule
adopted by the board under this chapter.
(d) The notice requirement of Subsection (c) is a
jurisdictional prerequisite to the institution of suit under this
section regardless of actual notice, express or implied, to the
board or the state.
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) The changes in law made by Subsections (c) and (d),
Section 33.171, Natural Resources Code, as added by this Act, apply
only to a suit against the School Land Board that is brought under
Section 33.171, Natural Resources Code, on or after September 1,
2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 640 passed the Senate on
April 16, 2003, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 9, 2003, by a
viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 640 passed the House, with
amendment, on May 1, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor