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A BILL TO BE ENTITLED
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AN ACT
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relating to the monumentation of residential subdivisions in a |
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municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 212, Local Government Code, is amended |
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by adding Section 212.0041 as follows: |
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Sec. 212.0041. MONUMENTATION OF RESIDENTIAL SUBDIVISIONS. |
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(a) For any residential subdivision that requires construction of |
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infrastructure improvements, the registered professional land |
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surveyor shall set or have set under his/her direct supervision the |
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required subdivision corners as follows: |
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(1) All subdivision corners as noted on a plat |
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required by Section 212.004 prior to the recordation of the |
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subdivision plat; or |
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(2) The exterior/perimeter subdivision boundary |
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corners as set prior to the commencement of infrastructure |
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improvements, and within the earlier of one calendar year of |
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recordation of the subdivision plat or six months of final |
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acceptance of the infrastructure improvements by the approving |
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authority, all of the required interior lot corners and all of the |
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lost or destroyed exterior/perimeter subdivision boundary corners |
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and right-of-way corners. |
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(b) If all required subdivision corners have not been set in |
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accordance with subsection (a)(1), the registered professional |
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land surveyor shall indicate by plat notation the monuments that |
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will be set subsequent to recordation of the plat, and will include |
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the following notation in the plat certification: "Monuments as |
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noted to be set in accordance with Sec. 212.0041, Texas Local |
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Government Code." |
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(c) A plat with the notation under Subsection (b) shall have |
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recorded with the county clerk of the county in which the land is |
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located, an affidavit stating that the required subdivision corners |
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as noted on the plat have been set. |
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SECTION 2. This Act takes effect September 1, 2009. |