NATURAL RESOURCES CODE
CHAPTER 23. COUNTY SURVEYORS
SUBCHAPTER A. GENERAL PROVISIONS
§ 23.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the Commissioner of the
General Land Office.
(2) "Land office" means the General Land Office.
Acts 1977, 65th Leg., p. 2367, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 23.011. ELECTION. (a) A county surveyor is elected
to a four-year term as provided by Article XVI, Sections 64 and 65,
of the Texas Constitution.
(b) To be eligible to serve as a county surveyor, a person
must be a registered professional land surveyor.
Acts 1977, 65th Leg., p. 2367, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1989, 71st Leg., ch. 1091, § 29, eff.
Sept. 1, 1989.
§ 23.012. RESIDENCE. The county surveyor shall reside
in the county.
Acts 1977, 65th Leg., p. 2367, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.013. BOND. 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.
Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.014. DEPUTY SURVEYOR. (a) A county surveyor may
appoint a deputy surveyor as he considers necessary.
(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.
(c) The deputy may perform all acts authorized or required
by law to be done by the county surveyor.
Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.015. CHAIN CARRIERS AND MARKERS. (a) A county
surveyor may employ persons 16 years of age or older as chain
carriers or markers.
(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.
Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.016. OFFICE LOCATION. (a) The county surveyor's
office shall be located in the courthouse or in a suitable building
at the county seat.
(b) Rent for an office outside the courthouse shall be paid
by the commissioners court on showing that:
(1) the rent is reasonable;
(2) the office is necessary; and
(3) an office is not available at the courthouse.
Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.017. ABOLITION OF OFFICE IN CERTAIN COUNTIES. 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.
Added by Acts 1987, 70th Leg., ch. 149, § 25, eff. Sept. 1, 1987.
SUBCHAPTER C. POWERS AND DUTIES
§ 23.051. IN GENERAL. The county surveyor shall perform
the duties required of him by law.
Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.0515. FIELD NOTES, PLATS, AND OTHER
DOCUMENTS. (a) In a county in which there is a county surveyor,
only the county surveyor may:
(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
(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.
(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:
(1) record field notes, plats, and other documents
required to be recorded in the county surveyor's records; and
(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.
Added by Acts 2001, 77th Leg., ch. 1421, § 7, eff. June 1, 2003.
§ 23.052. SURVEYS ON WHICH PATENTS ARE TO BE
OBTAINED. The county surveyor shall:
(1) receive and examine all field notes of surveys
made in the county on which patents are to be obtained;
(2) certify to the same according to law; and
(3) record the field notes in a book to be kept by him
for that purpose.
Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.053. RECORD OF FIELD NOTES. (a) The
commissioners court shall furnish the county surveyor all necessary
books of record.
(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.
Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.054. RIGHT OF INSPECTION. 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.
Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.055. BOUND RECORDS. 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.
Acts 1977, 65th Leg., p. 2369, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.056. LOST RECORDS. (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.
(b) The certified copy has the same force and effect as the
original.
Acts 1977, 65th Leg., p. 2369, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.057. CUSTODY OF RECORDS IN ABSENCE OF COUNTY
SURVEYOR; POWERS AND DUTIES OF COUNTY CLERK. If a county does not
have a county surveyor, the county clerk of the county:
(1) is the legal custodian of the county surveyor's
records;
(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
(3) may make any certificate and certify any copy that
the county surveyor would be authorized to make or certify.
Acts 1977, 65th Leg., p. 2369, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 2001, 77th Leg., ch. 1421, § 8, eff. June
1, 2003.
§ 23.058. DELIVERY OF RECORDS TO SUCCESSOR. 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.
Acts 1977, 65th Leg., p. 2369, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.059. FAILURE TO SURVEY. 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.
Acts 1977, 65th Leg., p. 2369, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 23.060. FEES FOR RECORDING AND ISSUING
DOCUMENTS. (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.
(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.
(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).
Added by Acts 2001, 77th Leg., ch. 1421, § 9, eff. June 1, 2003.
