81R27727 EAH-D
By: Wentworth S.B. No. 1320
Substitute the following for S.B. No. 1320:
By: Solomons C.S.S.B. No. 1320
A BILL TO BE ENTITLED
AN ACT
relating to notice by a governmental entity regarding certain
geospatial data products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2051, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. GEOSPATIAL DATA PRODUCTS
Sec. 2051.101. DEFINITIONS. In this subchapter:
(1) "Geospatial data product" means a document,
computer file, or Internet website that contains:
(A) geospatial data;
(B) a map; or
(C) information about a service involving
geospatial data or a map.
(2) "Governmental entity" has the meaning assigned by
Section 2051.041.
(3) "Registered professional land surveyor" has the
meaning assigned by Section 1071.002, Occupations Code.
Sec. 2051.102. NOTICE REQUIRED. (a) A governmental entity
shall include a notice as provided by this subchapter on each
geospatial data product that:
(1) is created or hosted by the governmental entity;
(2) appears to represent property boundaries; and
(3) was not produced using information from an
on-the-ground survey conducted by or under the supervision of a
registered professional land surveyor.
(b) The notice required under Subsection (a) must be in
substantially the following form:
This product is for informational purposes and may not have
been prepared for or be suitable for legal, engineering, or
surveying purposes. It does not represent an on-the-ground survey
and represents only the approximate relative location of property
boundaries.
(c) The notice required under Subsection (a) may:
(1) include language further defining the limits of
liability of a geospatial data product producer;
(2) apply to a geospatial data product that contains
more than one map; or
(3) for a notice that applies to a geospatial data
product that is or is on an Internet website, be included on a
separate page that requires the person accessing the website to
agree to the terms of the notice before accessing the geospatial
data product.
Sec. 2051.103. EXEMPTION. A governmental entity is not
required to include the notice under Section 2051.102 on a
geospatial data product that:
(1) does not contain a legal description, property
boundary monument, or the distance and direction of a property
line; or
(2) is prepared only for use as evidence in a legal
proceeding.
SECTION 2. For geospatial data products that are printed
documents, Section 2051.102, Government Code, as added by this Act,
applies only to a document printed on or after the effective date of
this Act. A document printed before the effective date of this Act
is governed by the law in effect on the date the document was
printed, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.