| 1 | 1 | | 81R21593 EAH-F |
|---|
| 2 | 2 | | By: Smith of Harris H.B. No. 1677 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 1677: |
|---|
| 4 | 4 | | By: Solomons C.S.H.B. No. 1677 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to notice by a governmental entity regarding certain |
|---|
| 10 | 10 | | geospatial data products. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 2051, Government Code, is amended by |
|---|
| 13 | 13 | | adding Subchapter E to read as follows: |
|---|
| 14 | 14 | | SUBCHAPTER E. GEOSPATIAL DATA PRODUCTS |
|---|
| 15 | 15 | | Sec. 2051.101. DEFINITIONS. In this subchapter: |
|---|
| 16 | 16 | | (1) "Geospatial data product" means a document, |
|---|
| 17 | 17 | | computer file, or Internet website that contains: |
|---|
| 18 | 18 | | (A) geospatial data; |
|---|
| 19 | 19 | | (B) a map; or |
|---|
| 20 | 20 | | (C) information about a service involving |
|---|
| 21 | 21 | | geospatial data or a map. |
|---|
| 22 | 22 | | (2) "Governmental entity" has the meaning assigned by |
|---|
| 23 | 23 | | Section 2051.041. |
|---|
| 24 | 24 | | (3) "Registered professional land surveyor" has the |
|---|
| 25 | 25 | | meaning assigned by Section 1071.002, Occupations Code. |
|---|
| 26 | 26 | | Sec. 2051.102. NOTICE REQUIRED. (a) A governmental entity |
|---|
| 27 | 27 | | shall include a notice as provided by this subchapter on each |
|---|
| 28 | 28 | | geospatial data product that: |
|---|
| 29 | 29 | | (1) is created or hosted by the governmental entity; |
|---|
| 30 | 30 | | (2) appears to represent property boundaries; and |
|---|
| 31 | 31 | | (3) was not produced using information from an |
|---|
| 32 | 32 | | on-the-ground survey conducted by or under the supervision of a |
|---|
| 33 | 33 | | registered professional land surveyor. |
|---|
| 34 | 34 | | (b) The notice required under Subsection (a) must be in |
|---|
| 35 | 35 | | substantially the following form: |
|---|
| 36 | 36 | | This product is for informational purposes and may not have |
|---|
| 37 | 37 | | been prepared for or be suitable for legal, engineering, or |
|---|
| 38 | 38 | | surveying purposes. It does not represent an on-the-ground survey |
|---|
| 39 | 39 | | and represents only the approximate relative location of property |
|---|
| 40 | 40 | | boundaries. |
|---|
| 41 | 41 | | (c) The notice required under Subsection (a) may: |
|---|
| 42 | 42 | | (1) include language further defining the limits of |
|---|
| 43 | 43 | | liability of a geospatial data product producer; |
|---|
| 44 | 44 | | (2) apply to a geospatial data product that contains |
|---|
| 45 | 45 | | more than one map; or |
|---|
| 46 | 46 | | (3) for a notice that applies to a geospatial data |
|---|
| 47 | 47 | | product that is or is on an Internet website, be included on a |
|---|
| 48 | 48 | | separate page that requires the person accessing the website to |
|---|
| 49 | 49 | | agree to the terms of the notice before accessing the geospatial |
|---|
| 50 | 50 | | data product. |
|---|
| 51 | 51 | | SECTION 2. For geospatial data products that are printed |
|---|
| 52 | 52 | | documents, Section 2051.102, Government Code, as added by this Act, |
|---|
| 53 | 53 | | applies only to a document printed on or after the effective date of |
|---|
| 54 | 54 | | this Act. A document printed before the effective date of this Act |
|---|
| 55 | 55 | | is governed by the law in effect on the date the document was |
|---|
| 56 | 56 | | printed, and the former law is continued in effect for that purpose. |
|---|
| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|