HBA-TBM C.S.H.B. 3136 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3136
By: Hilbert
Civil Practices
4/11/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas law imposes a 10 year statute of limitations on an action
for damages from injury or loss caused by an error in a survey.  C.S.H.B.
3136 provides that this statute of limitations does not extend or affect a
limitations period prescribed for bringing an action under any other law of
this state.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 3136 amends the Civil Practice and Remedies Code to provide that
the statute of limitations for a suit arising from an injury or loss caused
by an error in a survey conducted by a public surveyor or a licensed state
land surveyor does not extend or affect a limitations period prescribed for
bringing an action under any other law of this state.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3136 differs from the original by removing provisions decreasing
the statute of limitations for a suit arising from an injury or loss caused
by an error from 10 years to four years.  The substitute provides that the
statute of limitations of such a suit does not extend or affect a
limitations period prescribed for bringing an action under any other law of
this state.