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AN ACT
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relating to notice by a governmental entity regarding certain |
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geospatial data products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2051, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS |
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Sec. 2051.101. DEFINITIONS. In this subchapter: |
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(1) "Geospatial data product" means a document, |
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computer file, or Internet website that contains: |
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(A) geospatial data; |
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(B) a map; or |
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(C) information about a service involving |
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geospatial data or a map. |
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(2) "Governmental entity" has the meaning assigned by |
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Section 2051.041. |
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(3) "Registered professional land surveyor" has the |
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meaning assigned by Section 1071.002, Occupations Code. |
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Sec. 2051.102. NOTICE REQUIRED. (a) A governmental entity |
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shall include a notice as provided by this subchapter on each |
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geospatial data product that: |
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(1) is created or hosted by the governmental entity; |
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(2) appears to represent property boundaries; and |
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(3) was not produced using information from an |
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on-the-ground survey conducted by or under the supervision of a |
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registered professional land surveyor or land surveyor authorized |
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to perform surveys under laws in effect when the survey was |
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conducted. |
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(b) The notice required under Subsection (a) must be in |
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substantially the following form: |
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This product is for informational purposes and may not have |
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been prepared for or be suitable for legal, engineering, or |
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surveying purposes. It does not represent an on-the-ground survey |
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and represents only the approximate relative location of property |
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boundaries. |
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(c) The notice required under Subsection (a) may: |
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(1) include language further defining the limits of |
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liability of a geospatial data product producer; |
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(2) apply to a geospatial data product that contains |
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more than one map; or |
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(3) for a notice that applies to a geospatial data |
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product that is or is on an Internet website, be included on a |
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separate page that requires the person accessing the website to |
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agree to the terms of the notice before accessing the geospatial |
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data product. |
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Sec. 2051.103. EXEMPTION. A governmental entity is not |
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required to include the notice required under Section 2051.102 on a |
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geospatial data product that: |
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(1) does not contain a legal description, a property |
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boundary monument, or the distance and direction of a property |
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line; |
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(2) is prepared only for use as evidence in a legal |
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proceeding; |
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(3) is filed with the clerk of any court; or |
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(4) is filed with the county clerk. |
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SECTION 2. For geospatial data products that are printed |
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documents, Section 2051.102, Government Code, as added by this Act, |
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applies only to a document printed on or after the effective date of |
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this Act. A document printed before the effective date of this Act |
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is governed by the law in effect on the date the document was |
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printed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1147 was passed by the House on April |
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14, 2011, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1147 was passed by the Senate on May |
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10, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |