81R16012 T
By: Callegari H.B. No. 4473
A BILL TO BE ENTITLED
AN ACT
relating to the monumentation of residential subdivisions in a
municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 212, Local Government Code, is amended
by adding Section 212.0041 as follows:
Sec. 212.0041. MONUMENTATION OF RESIDENTIAL SUBDIVISIONS.
(a) For any residential subdivision that requires construction of
infrastructure improvements, the registered professional land
surveyor shall set or have set under his/her direct supervision the
required subdivision corners as follows:
(1) All subdivision corners as noted on a plat
required by Section 212.004 prior to the recordation of the
subdivision plat; or
(2) The exterior/perimeter subdivision boundary
corners as set prior to the commencement of infrastructure
improvements, and within the earlier of one calendar year of
recordation of the subdivision plat or six months of final
acceptance of the infrastructure improvements by the approving
authority, all of the required interior lot corners and all of the
lost or destroyed exterior/perimeter subdivision boundary corners
and right-of-way corners.
(b) If all required subdivision corners have not been set in
accordance with subsection (a)(1), the registered professional
land surveyor shall indicate by plat notation the monuments that
will be set subsequent to recordation of the plat, and will include
the following notation in the plat certification: "Monuments as
noted to be set in accordance with Sec. 212.0041, Texas Local
Government Code."
(c) A plat with the notation under Subsection (b) shall have
recorded with the county clerk of the county in which the land is
located, an affidavit stating that the required subdivision corners
as noted on the plat have been set.
SECTION 2. This Act takes effect September 1, 2009.