Texas 2011 - 82nd Regular

Texas Senate Bill SB442 Compare Versions

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1	1	By: Wentworth S.B. No. 442
2	2	(Smith of Harris, Pena)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notice by a governmental entity regarding certain
8	8	geospatial data products.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 2051, Government Code, is amended by
11	11	adding Subchapter D to read as follows:
12	12	SUBCHAPTER D. GEOSPATIAL DATA PRODUCTS
13	13	Sec. 2051.101. DEFINITIONS. In this subchapter:
14	14	(1) "Geospatial data product" means a document,
15	15	computer file, or Internet website that contains:
16	16	(A) geospatial data;
17	17	(B) a map; or
18	18	(C) information about a service involving
19	19	geospatial data or a map.
20	20	(2) "Governmental entity" has the meaning assigned by
21	21	Section 2051.041.
22	22	(3) "Registered professional land surveyor" has the
23	23	meaning assigned by Section 1071.002, Occupations Code.
24	24	Sec. 2051.102. NOTICE REQUIRED. (a) A governmental entity
25	25	shall include a notice as provided by this subchapter on each
26	26	geospatial data product that:
27	27	(1) is created or hosted by the governmental entity;
28	28	(2) appears to represent property boundaries; and
29	29	(3) was not produced using information from an
30	30	on-the-ground survey conducted by or under the supervision of a
31	31	registered professional land surveyor or land surveyor authorized
32	32	to perform surveys under laws in effect when the survey was
33	33	conducted.
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	Sec. 2051.103. EXEMPTION. A governmental entity is not
52	52	required to include the notice required under Section 2051.102 on a
53	53	geospatial data product that:
54	54	(1) does not contain a legal description, a property
55	55	boundary monument, or the distance and direction of a property
56	56	line;
57	57	(2) is prepared only for use as evidence in a legal
58	58	proceeding;
59	59	(3) is filed with the clerk of any court; or
60	60	(4) is filed with the county clerk.
61	61	SECTION 2. For geospatial data products that are printed
62	62	documents, Section 2051.102, Government Code, as added by this Act,
63	63	applies only to a document printed on or after the effective date of
64	64	this Act. A document printed before the effective date of this Act
65	65	is governed by the law in effect on the date the document was
66	66	printed, and the former law is continued in effect for that purpose.
67	67	SECTION 3. This Act takes effect September 1, 2011.