BILL ANALYSIS
By: Goolsby
Licensing & Administrative Procedures
BACKGROUND AND PURPOSE
Currently, Section 30.05, Penal Code, provides penalties for trespassing on another person's land. However, Section 203.068, Transportation Code, provides that the Texas Department of Transportation and its agents may enter any real property in this state to make a survey for the purposes of the development of a toll project and that an entry under this section is not a trespass. Additionally, Section 1071.358, Occupations Code, provides that a licensed state land surveyor engaged in surveying in the person's official capacity who is denied permission to cross land owned by a private party is entitled to a court order to enforce the license holder's authority to cross the land. However, the statute does not apply to a registered professional land surveyor who is not acting in the official capacity of a licensed state land surveyor.
H.B. 2659 provides that a registered professional land surveyor may seek and obtain a court order authorizing that person to cross land owned by a private party when the person is acting in the person's official capacity as a county surveyor or when the issuance of the court order is in the public's best interest.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2659 authorizes a registered professional land surveyor to seek a court order authorizing that person to cross land owned by a person or entity when the person is acting in the person's official capacity as a county surveyor or when the issuance of the court order is in the public's best interest.
EFFECTIVE DATE
Immediately, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.