BILL ANALYSIS

 

 

Senate Research Center                                                                                               C.S.S.B. 1320

81R21593 EAH-F                                                                                                     By: Wentworth

                                                                                                               Intergovernmental Relations

                                                                                                                                              4/1/2009

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Some governmental entities create or host documents, computer, files, or internet websites that contain geospatial data, maps, or information about a service involving geospatial data or maps.  When this geospatial data product represents property boundaries and it was not produced using information from an on-the-ground survey conducted by or under the supervision of a registered professional land surveyor, the information is sometimes assumed to be suitable for legal, engineering, or surveying purposes.  It is not.

 

C.S.S.B. 1320 requires a governmental entity to include a notice on each geospatial data product that is created or hosted by the governmental entity, appears to represent property boundaries, and was not produced using information from an on-the-ground survey conducted by or under the supervision of a registered professional land surveyor. The bill also sets forth the language of the notice.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Chapter 2051, Government Code, by adding Subchapter E, as follows:

 

SUBCHAPTER E.  GEOSPATIAL DATA PRODUCTS CENTER

 

Sec. 2051.101.  DEFINITIONS.  Defines "geospatial data product," "governmental entity," and "registered professional land surveyor."

 

Sec. 2051.102.  NOTICE REQUIRED.  (a)  Requires a governmental entity to include a notice as provided by this subchapter on each geospatial data product that is created or hosted by the governmental enitity, appears to represent property boundaries, and was not produced using information from an on-the-ground survey conducted by or under the supervision of a registered professional land surveyor.

 

(b)  Requires that the notice required under Subsection (a) be in substantially a certain form.  Sets forth the form of the notice. 

 

(c)  Authorizes the notice required under Subsection (a) to include language further defining the limits of liability of a geospatial data product producer, apply to a geospatial data product that contains more than one map, or for a notice that applies to a geospatial data product that is or is on an Internet website be included on a separate page that requires the person accessing the website to agree to the terms of the notice before accessing the geospatial data product.

 

SECTION 2.  Provides that for geospatial data products that are printed documents, Section 2051.102, Government Code, as added by this Act, applies only to a document printed on or after the effective date of this Act.  Provides that a document printed before the effective date of this Act is governed by the law in effect on the date the document was printed, and the former law is continued in effect for that purpose.

 

SECTION 3.  Effective date: September 1, 2009.