Texas Laws - Natural Resources Code
NATURAL RESOURCES CODE
TITLE 2. PUBLIC DOMAIN

SUBTITLE B. SURVEYS AND SURVEYORS (358)(1-click HTML)

CHAPTER 21. SURVEYS AND FIELD NOTES (359)(1-click HTML)
Sec. 21.001. DEFINITIONS. (360)(1-click HTML)

In this chapter: (361)

(1) "Commissioner" means the Commissioner of the General Land Office. (362)

(2) "Land office" means the General Land Office. (363)

(3) "Navigable stream" means a stream which retains an average width of 30 feet from the mouth up. (364)

Acts 1977, 65th Leg., p. 2355, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (365)

SUBCHAPTER B. SURVEYS (366)(1-click HTML)
Sec. 21.011. SURVEYS OF PUBLIC LAND. (367)(1-click HTML)

Each survey of public land shall be made under authority of law and by a surveyor duly appointed, elected, or licensed and qualified. (368)

Acts 1977, 65th Leg., p. 2355, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (369)

Sec. 21.012. SURVEYS ON NAVIGABLE STREAMS. (370)(1-click HTML)

(a) If the circumstances of the lines previously surveyed under the law will permit, land surveyed for individuals, lying on a navigable stream, shall front one-half of the square on the stream with the line running at right angles with the general course of the stream. (371)

(b) A navigable stream may not be crossed by the lines of a survey. (372)

Acts 1977, 65th Leg., p. 2355, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (373)

Sec. 21.013. SURVEYS NOT ON A NAVIGABLE STREAM. (374)(1-click HTML)

Surveys that are not made on navigable streams shall be in a square as far as lines previously surveyed will permit. (375)

Acts 1977, 65th Leg., p. 2355, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (376)

Sec. 21.014. SURVEY FOR DIVISION LINE. (377)(1-click HTML)

(a) Before running a division line between two settlers or occupants claiming land, the surveyor shall give written notice to the interested parties. (378)

(b) A survey made contrary to the true intent and meaning of this section is invalid. (379)

Acts 1977, 65th Leg., p. 2356, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (380)

SUBCHAPTER C. FIELD NOTES (381)(1-click HTML)
Sec. 21.041. FIELD NOTES OF A SURVEY OF PUBLIC LAND. (382)(1-click HTML)

The field notes of a survey of public land shall state: (383)

(1) the county in which the land is located; (384)

(2) the authority under which the survey is made and a true description of the survey; (385)

(3) the land by proper field notes with the necessary calls and connections for identification, observing the Spanish measurement by varas; (386)

(4) a diagram of the survey; (387)

(5) the State Plane Coordinates based on the Texas Coordinate System of 1927 or the Texas Coordinate System of 1983 values for the beginning point on the survey with appropriate reference to zone, mapping angle, grid distances, acreage and the N.G.S. Station to which the survey is tied; (388)

(6) the names of the field survey personnel; (389)

(7) the date the survey was made; and (390)

(8) the signature of the surveyor. (391)

Acts 1977, 65th Leg., p. 2356, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 616, Sec. 1, eff. Sept. 1, 1987. (392)

Sec. 21.042. SURVEYOR'S CERTIFICATION. (393)(1-click HTML)

(a) The surveyor shall certify officially: (394)

(1) to the correctness of the survey; (395)

(2) that the survey was made according to law; (396)

(3) that the survey was actually made in the field; and (397)

(4) that the field notes are duly recorded, giving the book and page. (398)

(b) If the survey was made by a deputy, the county surveyor shall certify officially that: (399)

(1) he has examined the field notes; (400)

(2) he finds them correct; and (401)

(3) he has determined that the survey is duly recorded, giving the book and page of record. (402)

Acts 1977, 65th Leg., p. 2356, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (403)

Sec. 21.043. LOST FIELD NOTES. (404)(1-click HTML)

(a) If the original field notes of an authorized survey are lost or destroyed, the owner or his agent may obtain a certified copy of the record from the county surveyor on making an affidavit of the loss or destruction and filing it in the office of the county surveyor where the survey was recorded. (405)

(b) The certified copy shall be as valid as the original record and shall secure to the owner all the rights before the commissioner that the original would have secured. (406)

Acts 1977, 65th Leg., p. 2356, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (407)

Sec. 21.044. INCORRECT FIELD NOTES. (408)(1-click HTML)

(a) The commissioner shall have a plain statement of errors in any field notes submitted to the land office, together with a sketch of the map, forwarded by mail, or personally by the interested party, to the surveyor who made the survey, with a request to correct and return the field notes and map. (409)

(b) The surveyor shall correct and return the field notes and map at once without further charge. (410)

(c) If the conflict exists only on the map or in the field notes, the surveyor need only officially certify to the facts and furnish a true sketch of the survey with its connections. (411)

(d) This section does not require the commissioner or a surveyor to make a new survey of land or a portion of the land after a survey of the land is accepted by the commissioner for filing in the official records of the land office. (412)

Acts 1977, 65th Leg., p. 2356, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (413)

Amended by: (414)

Acts 2005, 79th Leg., Ch. 160 (H.B. 3340), Sec. 1, eff. September 1, 2005. (415)

SUBCHAPTER D. TEXAS COORDINATE SYSTEMS (416)(1-click HTML)
Sec. 21.071. ADOPTION OF COORDINATE SYSTEMS. (417)(1-click HTML)

(a) The systems of plane coordinates which have been established by the National Oceanic Survey/National Geodetic Survey for defining and stating the positions or locations of points on the surface of the earth within the State of Texas are adopted and will be known and designated as the Texas Coordinate System of 1927 and the Texas Coordinate System of 1983. (418)

(b) Each system is a separate system and must be used as a separate system. (419)

Acts 1977, 65th Leg., p. 2357, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 616, Sec. 3, eff. Sept. 1, 1987. (420)

Sec. 21.072. PURPOSE AND LIMITATIONS OF COORDINATE SYSTEMS. (421)(1-click HTML)

(a) The only purpose for adopting the Texas Coordinate System of 1927 and the Texas Coordinate System of 1983 is to recognize a system for use in the State of Texas to definitely ascertain positions on the surface of the earth. (422)

(b) Except as provided in Section 21.041 of this code, the use of a system is not required, and the provisions of this subchapter shall not be construed to set aside or disturb any corner or survey already established. (423)

(c) The use of the term "Texas Coordinate System" on a map, report, survey, or other document is limited to coordinates based on a Texas Coordinate System as defined in this subchapter. (424)

Acts 1977, 65th Leg., p. 2357, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 624, Sec. 2, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 616, Sec. 4, eff. Sept. 1, 1987. (425)

Sec. 21.073. DIVISION OF STATE INTO ZONES. (426)(1-click HTML)

For the purpose of using a system, the state is divided into five zones: (427)

(1) the North Zone; (428)

(2) the North Central Zone; (429)

(3) the Central Zone; (430)

(4) the South Central Zone; and (431)

(5) the South Zone. (432)

Acts 1977, 65th Leg., p. 2357, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 616, Sec. 5, eff. Sept. 1, 1987. (433)

Sec. 21.074. AREA WITHIN ZONES. (434)(1-click HTML)

(a) The area included in the following counties constitutes the North Zone: Armstrong, Briscoe, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith, Donley, Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, and Wheeler. (435)

(b) The area included in the following counties constitutes the North Central Zone: Andrews, Archer, Bailey, Baylor, Borden, Bowie, Callahan, Camp, Cass, Clay, Cochran, Collin, Cooke, Cottle, Crosby, Dallas, Dawson, Delta, Denton, Dickens, Eastland, Ellis, Erath, Fannin, Fisher, Floyd, Foard, Franklin, Gaines, Garza, Grayson, Gregg, Hale, Hardeman, Harrison, Haskell, Henderson, Hill, Hockley, Hood, Hopkins, Howard, Hunt, Jack, Johnson, Jones, Kaufman, Kent, King, Knox, Lamar, Lamb, Lubbock, Lynn, Marion, Martin, Mitchell, Montague, Morris, Motley, Navarro, Nolan, Palo Pinto, Panola, Parker, Rains, Red River, Rockwall, Rusk, Scurry, Shackelford, Smith, Somervell, Stephens, Stonewall, Tarrant, Taylor, Terry, Throckmorton, Titus, Upshur, Van Zandt, Wichita, Wilbarger, Wise, Wood, Yoakum, and Young. (436)

(c) The area included in the following counties constitutes the Central Zone: Anderson, Angelina, Bastrop, Bell, Blanco, Bosque, Brazos, Brown, Burleson, Burnet, Cherokee, Coke, Coleman, Comanche, Concho, Coryell, Crane, Crockett, Culberson, Ector, El Paso, Falls, Freestone, Gillespie, Glasscock, Grimes, Hamilton, Hardin, Houston, Hudspeth, Irion, Jasper, Jeff Davis, Kimble, Lampasas, Lee, Leon, Liberty, Limestone, Llano, Loving, McLennan, McCulloch, Madison, Mason, Menard, Midland, Milam, Mills, Montgomery, Nacogdoches, Newton, Orange, Pecos, Polk, Reagan, Reeves, Robertson, Runnels, Sabine, San Augustine, San Jacinto, San Saba, Schleicher, Shelby, Sterling, Sutton, Tom Green, Travis, Trinity, Tyler, Upton, Walker, Ward, Washington, Williamson, and Winkler. (437)

(d) The area included in the following counties constitutes the South Central Zone: Aransas, Atascosa, Austin, Bandera, Bee, Bexar, Brazoria, Brewster, Caldwell, Calhoun, Chambers, Colorado, Comal, DeWitt, Dimmit, Edwards, Fayette, Fort Bend, Frio, Galveston, Goliad, Gonzales, Guadalupe, Harris, Hays, Jackson, Jefferson, Karnes, Kendall, Kerr, Kinney, LaSalle, Lavaca, Live Oak, McMullen, Matagorda, Maverick, Medina, Presidio, Real, Refugio, Terrell, Uvalde, Val Verde, Victoria, Waller, Wharton, Wilson, and Zavala. (438)

(e) The area included in the following counties constitutes the South Zone: Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kleberg, Nueces, San Patricio, Starr, Webb, Willacy, and Zapata. (439)

Acts 1977, 65th Leg., p. 2357, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (440)

Sec. 21.075. ZONE NAMES IN LAND DESCRIPTION. (441)(1-click HTML)

(a) As established for use in the North Zone, the Texas Coordinate System of 1927 or the Texas Coordinate System of 1983 shall be named, and in any land description in which it is used it shall be designated, the "Texas Coordinate System of 1927, North Zone" or "Texas Coordinate System of 1983, North Zone." (442)

(b) As established for use in the North Central Zone, the Texas Coordinate System of 1927 or the Texas Coordinate System of 1983 shall be named, and in any land description in which it is used it shall be designated, the "Texas Coordinate System of 1927, North Central Zone" or "Texas Coordinate System of 1983, North Central Zone." (443)

(c) As established for use in the Central Zone, the Texas Coordinate System of 1927 or the Texas Coordinate System of 1983 shall be named, and in any land description in which it is used it shall be designated, the "Texas Coordinate System of 1927, Central Zone" or "Texas Coordinate System of 1983, Central Zone." (444)

(d) As established for use in the South Central Zone, the Texas Coordinate System of 1927 or the Texas Coordinate System of 1983 shall be named, and in any land description in which it is used it shall be designated, the "Texas Coordinate System of 1927, South Central Zone" or "Texas Coordinate System of 1983, South Central Zone." (445)

(e) As established for use in the South Zone, the Texas Coordinate System of 1927 or the Texas Coordinate System of 1983 shall be named, and in any land description in which it is used it shall be designated, the "Texas Coordinate System of 1927, South Zone" or "Texas Coordinate System of 1983, South Zone." (446)

Acts 1977, 65th Leg., p. 2358, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 616, Sec. 6, eff. Sept. 1, 1987. (447)

Sec. 21.076. DEFINITIONS. (448)(1-click HTML)

(a) For the purpose of precisely defining the Texas Coordinate System of 1927 and the Texas Coordinate System of 1983, the following definitions are adopted: (449)

(1) The Texas Coordinate System of 1927, North Zone, and the Texas Coordinate System of 1983, North Zone, is a Lambert conformal projection, having standard parallels at north latitudes 34 39' and 36 11', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 101 30' west longitude and the parallel 34 00' north latitude. The origin of the 1927 coordinate system is given the coordinates: x = 2,000,000 feet (720,000 varas) and y = 0 feet (0 varas). The origin of the 1983 coordinate system is given the coordinates: x = 200,000 meters (236,220 varas) and y = 1,000,000 meters (1,181,100 varas). (450)

(2) The Texas Coordinate System of 1927, North Central Zone, and the Texas Coordinate System of 1983, North Central Zone, is a Lambert conformal projection, having standard parallels at north latitudes 32 08' and 33 58', along which parallels the scale shall be exact. The origin of coordinates for the 1927 coordinate system is at the intersection of the meridian 97 30' west longitude and the parallel 31 40' north latitude. This origin is given the coordinates: x = 2,000,000 feet (720,000 varas) and y = 0 feet (0 varas). The origin of coordinates for the 1983 coordinate system is at the intersection of the meridian 98 30' west longitude and the parallel 31 40' north latitude. This origin is given the coordinates: x = 600,000 meters (708,660 varas) and y = 2,000,000 meters (2,362,200 varas). (451)

(3) The Texas Coordinate System of 1927, Central Zone, and the Texas Coordinate System of 1983, Central Zone, is a Lambert conformal projection, having standard parallels at north latitudes 30 07' and 31 53', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 100 20' west longitude and the parallel 29 40' north latitude. The origin of the 1927 coordinate system is given the coordinates: x = 2,000,000 feet (720,000 varas) and y = 0 feet (0 varas). The origin of the 1983 coordinate system is given the coordinates: x = 700,000 meters (826,770 varas) and y = 3,000,000 meters (3,543,300 varas). (452)

(4) The Texas Coordinate System of 1927, South Central Zone, and the Texas Coordinate System of 1983, South Central Zone, is a Lambert conformal projection, having standard parallels at north latitudes 28 23' and 30 17', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian of 99 00' west longitude and the parallel 27 50' north latitude. The origin of the 1927 coordinate system is given the coordinates: x = 2,000,000 feet (720,000 varas) and y = 0 feet (0 varas). The origin of the 1983 coordinate system is given the coordinates: x = 600,000 meters (708,660 varas) and y = 4,000,000 meters (4,724,400 varas). (453)

(5) The Texas Coordinate System of 1927, South Zone, and the Texas Coordinate System of 1983, South Zone, is a Lambert conformal projection, having standard parallels at north latitudes 26 10' and 27 50', along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 98 30' west longitude and the parallel 25 40' north latitude. The origin of the 1927 coordinate system is given the coordinates: x = 2,000,000 feet (720,000 varas) and y = 0 feet (0 varas). The origin of the 1983 coordinate system is given the coordinates: x = 300,000 meters (354,330 varas) and y = 5,000,000 meters (5,905,500 varas). (454)

(b) The position of the Texas Coordinate System of 1927 and the Texas Coordinate System of 1983 shall be as marked on the ground by triangulation or traverse stations established in conformity with the standards adopted by the National Oceanic and Atmospheric Administration for first-order and second-order work, whose geodetic positions have been rigidly adjusted on the North American datum of 1927 or 1983, and whose coordinates have been computed on the system defined in this subchapter. Any of these stations may be used for establishing a survey connection with the Texas Coordinate System of 1927 or the Texas Coordinate System of 1983. (455)

Acts 1977, 65th Leg., p. 2358, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 616, Sec. 7, eff. Sept. 1, 1987. (456)

Sec. 21.077. UNIT OF MEASUREMENT. (457)(1-click HTML)

The unit of measurement in this subchapter has the following values, based on the International Meter established by the National Bureau of Standards: (458)

(1) one meter = 39.37 inches exactly; (459)

(2) one foot = 12.00 inches exactly; and (460)

(3) one vara = 33-1/3 inches exactly. (461)

Acts 1977, 65th Leg., p. 2359, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (462)

Sec. 21.078. TERMS "X COORDINATE" AND "Y COORDINATE". (463)(1-click HTML)

(a) The plane coordinate values for a point on the earth's surface, to be used in expressing the position or location of the point in the appropriate zone, of either system, shall consist of two distances, expressed in U.S. Survey Feet and decimals of a foot or varas or tenths of a vara when using the Texas Coordinate System of 1927 and expressed in meters and decimals of a meter, in U.S. Survey Feet or decimals of a foot, or in varas or tenths of a vara when using the Texas Coordinate System of 1983. (464)

(b) One of these distances, to be known as the "x coordinate," shall give the position in an east-and-west direction; the other, to be known as the "y coordinate," shall give the position in a north-and-south direction. (465)

(c) These coordinates shall be made to depend on and conform to the plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Oceanic Survey/National Geodetic Survey, or its successors, and whose plane coordinates have been computed on the systems defined in this subchapter. (466)

(d) Any station described in this section may be used for establishing a survey connection to either the Texas Coordinate System of 1927 or the Texas Coordinate System of 1983. (467)

Acts 1977, 65th Leg., p. 2359, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 616, Sec. 8, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 991, Sec. 4, eff. Sept. 1, 1993. (468)

Sec. 21.079. LAND IN MORE THAN ONE ZONE. (469)(1-click HTML)

If a tract of land to be defined by a single description extends from one zone into another of the coordinate zones, the positions of all points on its boundaries may be referred to by either of the zones, the zone which is used being specifically named in the description. (470)

Acts 1977, 65th Leg., p. 2360, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 616, Sec. 9, eff. Sept. 1, 1987. (471)

CHAPTER 23. COUNTY SURVEYORS (472)(1-click HTML)
Sec. 23.001. DEFINITIONS. (473)(1-click HTML)

In this chapter: (474)

(1) "Commissioner" means the Commissioner of the General Land Office. (475)

(2) "Land office" means the General Land Office. (476)

Acts 1977, 65th Leg., p. 2367, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (477)

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS (478)(1-click HTML)
Sec. 23.011. ELECTION. (479)(1-click HTML)

(a) A county surveyor is elected to a four-year term as provided by Article XVI, Sections 64 and 65, of the Texas Constitution. (480)

(b) To be eligible to serve as a county surveyor, a person must be a registered professional land surveyor. (481)

Acts 1977, 65th Leg., p. 2367, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1989, 71st Leg., ch. 1091, Sec. 29, eff. Sept. 1, 1989. (482)

Sec. 23.012. RESIDENCE. (483)(1-click HTML)

The county surveyor shall reside in the county. (484)

Acts 1977, 65th Leg., p. 2367, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (485)

Sec. 23.013. BOND. (486)(1-click HTML)

The county surveyor shall execute a bond conditioned on the faithful performance of the duties of the office. The amount of the bond shall be fixed by the commissioners court and shall be not less than $500 nor more than $10,000. (487)

Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (488)

Sec. 23.014. DEPUTY SURVEYOR. (489)(1-click HTML)

(a) A county surveyor may appoint a deputy surveyor as he considers necessary. (490)

(b) The county surveyor shall administer the deputy surveyor's official oath and take his bond in the sum of not less than $500 nor more than $10,000, conditioned on the faithful performance of the duties of the office. (491)

(c) The deputy may perform all acts authorized or required by law to be done by the county surveyor. (492)

Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (493)

Sec. 23.015. CHAIN CARRIERS AND MARKERS. (494)(1-click HTML)

(a) A county surveyor may employ persons 16 years of age or older as chain carriers or markers. (495)

(b) The county surveyor shall administer an oath to each of these employees to faithfully perform his duties in accordance with the instructions given him. (496)

Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (497)

Sec. 23.016. OFFICE LOCATION. (498)(1-click HTML)

(a) The county surveyor's office shall be located in the courthouse or in a suitable building at the county seat. (499)

(b) Rent for an office outside the courthouse shall be paid by the commissioners court on showing that: (500)

(1) the rent is reasonable; (501)

(2) the office is necessary; and (502)

(3) an office is not available at the courthouse. (503)

Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (504)

Sec. 23.017. ABOLITION OF OFFICE IN CERTAIN COUNTIES. (505)(1-click HTML)

In a county in which the office of county surveyor was abolished by Chapter 315, Acts of the 61st Legislature, Regular Session, 1969 (Article 5298a, Vernon's Texas Civil Statutes), the commissioners court may, when the court considers it necessary, employ a qualified person to perform a function formerly performed by the county surveyor. (506)

Added by Acts 1987, 70th Leg., ch. 149, Sec. 25, eff. Sept. 1, 1987. (507)

SUBCHAPTER C. POWERS AND DUTIES (508)(1-click HTML)
Sec. 23.051. IN GENERAL. (509)(1-click HTML)

The county surveyor shall perform the duties required of him by law. (510)

Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (511)

Sec. 23.0515. FIELD NOTES, PLATS, AND OTHER DOCUMENTS. (512)(1-click HTML)

(a) In a county in which there is a county surveyor, only the county surveyor may: (513)

(1) file and record field notes and plats of surveys made in the county and other documents required by law to be recorded in the county surveyor's records; and (514)

(2) issue a certificate of fact and certify the correctness of a copy of any document, record, or entry shown by the records of the county surveyor. (515)

(b) If the county surveyor and each authorized deputy of the county surveyor are absent from the county surveyor's office, the county clerk of the county has unrestricted access to the county surveyor's office and public records and may: (516)

(1) record field notes, plats, and other documents required to be recorded in the county surveyor's records; and (517)

(2) issue a certificate of fact and certify the correctness of a copy of any document, record, or entry shown by the official records of the county surveyor. (518)

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 7, eff. June 1, 2003. (519)

Sec. 23.052. SURVEYS ON WHICH PATENTS ARE TO BE OBTAINED. (520)(1-click HTML)

The county surveyor shall: (521)

(1) receive and examine all field notes of surveys made in the county on which patents are to be obtained; (522)

(2) certify to the same according to law; and (523)

(3) record the field notes in a book to be kept by him for that purpose. (524)

Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (525)

Sec. 23.053. RECORD OF FIELD NOTES. (526)(1-click HTML)

(a) The commissioners court shall furnish the county surveyor all necessary books of record. (527)

(b) The county surveyor shall record in a well-bound book all the surveys in his county, with the plats that he may make, whether private or official. (528)

Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (529)

Sec. 23.054. RIGHT OF INSPECTION. (530)(1-click HTML)

At all times, any interested person, agent, or attorney may examine the books, papers, plats, maps, or other archives belonging to the office of the county surveyor on the payment of the fee set by law. In addition to the fees allowed by law for field work, the county surveyor may charge 20 cents per 100 words for the record. (531)

Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (532)

Sec. 23.055. BOUND RECORDS. (533)(1-click HTML)

If the commissioners court considers it necessary, it may order that the county surveyor's record be transcribed in good and substantial books by the county surveyor or special deputies sworn to make true copies of the record. For this service, not more than 15 cents per 100 words shall be allowed to be paid out of the county treasury. (534)

Acts 1977, 65th Leg., p. 2369, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (535)

Sec. 23.056. LOST RECORDS. (536)(1-click HTML)

(a) If the maps, field notes, or other records of the county surveyor's office, or any part of them, are lost or destroyed, the county surveyor shall obtain from the commissioner a transcript of the lost records, certified to as required by law. (537)

(b) The certified copy has the same force and effect as the original. (538)

Acts 1977, 65th Leg., p. 2369, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (539)

Sec. 23.057. CUSTODY OF RECORDS IN ABSENCE OF COUNTY SURVEYOR; POWERS AND DUTIES OF COUNTY CLERK. (540)(1-click HTML)

If a county does not have a county surveyor, the county clerk of the county: (541)

(1) is the legal custodian of the county surveyor's records; (542)

(2) shall take charge of all records, maps, and papers belonging to the county surveyor's office and safely keep them in the county clerk's office; and (543)

(3) may make any certificate and certify any copy that the county surveyor would be authorized to make or certify. (544)

Acts 1977, 65th Leg., p. 2369, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 2001, 77th Leg., ch. 1421, Sec. 8, eff. June 1, 2003. (545)

Sec. 23.058. DELIVERY OF RECORDS TO SUCCESSOR. (546)(1-click HTML)

On removal from office or at the expiration of his term of office, the county surveyor shall deliver to his successor all records, books, papers, maps, and other things pertaining to his office. (547)

Acts 1977, 65th Leg., p. 2369, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (548)

Sec. 23.059. FAILURE TO SURVEY. (549)(1-click HTML)

If a county surveyor fails, neglects, or refuses to make a survey or have a survey made, within one month after the amount of lawful surveying fees are tendered to him by a person legally entitled to the survey, he and his sureties shall be liable on his official bond to the injured parties in the amount of damages or injury the parties may sustain by reason of the neglect, refusal, or failure. (550)

Acts 1977, 65th Leg., p. 2369, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. (551)

Sec. 23.060. FEES FOR RECORDING AND ISSUING DOCUMENTS. (552)(1-click HTML)

(a) The fees for recording documents in the county surveyor's records, for issuing certificates, and for making certified copies are the fees provided by law. (553)

(b) The county surveyor is entitled to fees for all documents recorded by the county surveyor or a deputy of the county surveyor and for all certificates and certified copies issued by the county surveyor or a deputy of the county surveyor. (554)

(c) The county clerk of the county is entitled to all fees for documents recorded by the county clerk and for all certificates and certified copies issued by the county clerk under Sections 23.0515(b) and 23.057(3). (555)

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 9, eff. June 1, 2003. (556)

  

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