S.B. No. 641




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 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, 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 shall be 
presumed to accurately depict the boundary between adjacent upland 
owners and the state-owned submerged lands.
	(b)  This presumption applies only to those surveys 
conducted by a surveyor duly appointed, elected, or licensed, and 
qualified.
	(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.





______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 641 passed the Senate on 
April 14, 2003, by the following vote:  Yeas 29, 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. 641 passed the House, with 
amendment, on May 1, 2003, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor