| 1 | 1 | | 81R16012 T |
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| 2 | 2 | | By: Callegari H.B. No. 4473 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the monumentation of residential subdivisions in a |
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| 8 | 8 | | municipality. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 212, Local Government Code, is amended |
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| 11 | 11 | | by adding Section 212.0041 as follows: |
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| 12 | 12 | | Sec. 212.0041. MONUMENTATION OF RESIDENTIAL SUBDIVISIONS. |
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| 13 | 13 | | (a) For any residential subdivision that requires construction of |
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| 14 | 14 | | infrastructure improvements, the registered professional land |
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| 15 | 15 | | surveyor shall set or have set under his/her direct supervision the |
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| 16 | 16 | | required subdivision corners as follows: |
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| 17 | 17 | | (1) All subdivision corners as noted on a plat |
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| 18 | 18 | | required by Section 212.004 prior to the recordation of the |
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| 19 | 19 | | subdivision plat; or |
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| 20 | 20 | | (2) The exterior/perimeter subdivision boundary |
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| 21 | 21 | | corners as set prior to the commencement of infrastructure |
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| 22 | 22 | | improvements, and within the earlier of one calendar year of |
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| 23 | 23 | | recordation of the subdivision plat or six months of final |
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| 24 | 24 | | acceptance of the infrastructure improvements by the approving |
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| 25 | 25 | | authority, all of the required interior lot corners and all of the |
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| 26 | 26 | | lost or destroyed exterior/perimeter subdivision boundary corners |
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| 27 | 27 | | and right-of-way corners. |
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| 28 | 28 | | (b) If all required subdivision corners have not been set in |
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| 29 | 29 | | accordance with subsection (a)(1), the registered professional |
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| 30 | 30 | | land surveyor shall indicate by plat notation the monuments that |
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| 31 | 31 | | will be set subsequent to recordation of the plat, and will include |
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| 32 | 32 | | the following notation in the plat certification: "Monuments as |
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| 33 | 33 | | noted to be set in accordance with Sec. 212.0041, Texas Local |
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| 34 | 34 | | Government Code." |
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| 35 | 35 | | (c) A plat with the notation under Subsection (b) shall have |
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| 36 | 36 | | recorded with the county clerk of the county in which the land is |
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| 37 | 37 | | located, an affidavit stating that the required subdivision corners |
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| 38 | 38 | | as noted on the plat have been set. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2009. |
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