SECTION 138.95. Descriptions Prepared for Political Subdivisions

A registrant or licensee may prepare, sign, and seal a metes and bounds description from public land title records upon satisfying all of the following minimum conditions:

(1) The description is prepared for a political subdivision of the state (which is defined as a county, city, district, or other body politic of the state having a jurisdiction over only a portion of the state) for the sole purpose of defining or modifying the boundaries of the political subdivision;

(2) The description must be unambiguous and locatable on the ground by ordinary surveying procedures;

(3) Any record monument or physical monumentation called for in the description must be in place at the time the surveyor prepares the description and the surveyor must have personal knowledge of such monument sufficient to give a proper current description for the monument and its accessories;

(4) The surveyor signing the work must have performed an on the ground survey to support any course and distance recited in the description, except that the description may quote courses and distances from recorded documents (such as deeds) as long as the recording reference for any recited document is also quoted in the description; and

(5) Any survey document prepared under this rule shall bear a note as follows: "This document was prepared under 22 Texas Administrative Code §138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared."

Source Note: The provisions of this §138.95 adopted to be effective April 1, 2021, 46 TexReg 2019