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A BILL TO BE ENTITLED
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AN ACT
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relating to a court order for a land surveyor to cross land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 1071.358, Occupations |
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Code, is amended to read as follows: |
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Sec. 1071.358. COURT ORDER FOR LICENSED STATE LAND SURVEYOR |
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[PERMISSION] TO CROSS LAND. |
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SECTION 2. Subchapter H, Chapter 1071, Occupations Code, is |
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amended by adding Section 1071.3585 to read as follows: |
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Sec. 1071.3585. COURT ORDER FOR REGISTERED PROFESSIONAL |
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LAND SURVEYOR TO CROSS LAND. (a) A registered professional land |
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surveyor engaged in surveying who is denied permission to cross |
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land owned by a person or entity may seek a court order authorizing |
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the surveyor to cross the land. |
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(b) A registered professional land surveyor may apply for an |
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order under this section from the district court. Venue for the |
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action is in the county in which the land is located. |
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(c) If the registered professional land surveyor holds |
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office as a county surveyor and is engaged in surveying in the |
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person's official capacity, the county attorney may apply for an |
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order under this section. |
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(d) The court shall grant the order on proof that: |
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(1) the person is a registered professional land |
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surveyor acting in the person's official capacity as a county |
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surveyor; or |
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(2) the person is a registered professional land |
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surveyor and the issuance of a court order authorizing the person to |
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cross the land is in the public's best interest. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |