Bill Text: TX HB1962 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the continuation and functions of the Texas State Library and Archives Commission, including the custody and ownership of certain state records and real property.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB1962 Detail]

Download: Texas-2019-HB1962-Enrolled.html

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H.B. No. 1962

AN ACT
relating to the continuation and functions of the Texas State
Library and Archives Commission, including the custody and
ownership of certain state records and real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 324, Government Code, is amended by
adding Sections 324.0085 and 324.0086 to read as follows:
Sec. 324.0085. LEGISLATIVE RECORDS. (a) The library is
the depository for any record created or received by the office of a
member of the legislature or the lieutenant governor during that
official's term of office.
(b) The legislative entity that transferred records to the
library retains ownership and legal custody of those records,
including records placed in a depository outside the library. The
legislative entity may retrieve the records for the legislature's
use. The director and library employees shall assist the
legislative entity with retrieval of the records and shall return
the records to the library following the legislature's use.
(c) The director shall protect privileged or confidential
legislative records held by the library from public disclosure at
the direction of the legislative entity that transferred the
records to the library.
(d) The director shall receive requests under Chapter 552
for legislative records held by the library and respond as directed
by the officer for public information of the legislative entity
that transferred the records to the library. The director shall
notify the appropriate officer for public information as soon as
practicable after receiving a request described by this subsection.
Sec. 324.0086. PLACEMENT IN OTHER DEPOSITORY. (a) A
member of the legislature may apply to the board to place records
that were created or received by the member's office during the
member's term in a depository other than the library.
(b) The board shall:
(1) create a list of preapproved depositories in which
members of the legislature may place records of their legislative
offices; and
(2) by rule adopt policies and procedures to approve
additional depositories.
(c) The director is responsible for the preservation of
records described by Subsection (a) placed in a depository other
than the library. Ownership and legal custody of the records remain
with the legislature as provided by Section 324.0085. The records
may not be intermingled with other holdings of the institution that
serves as a depository.
SECTION 2. Section 441.001(q), Government Code, is amended
to read as follows:
(q) The Texas State Library and Archives Commission is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the commission is abolished
September 1, 2031 [2019].
SECTION 3. Section 441.0011, Government Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
commission operations;
(2) the programs, functions, rules, and budget of the
commission;
(3) the scope of and limitations on the rulemaking
authority of the commission;
(4) the results of the most recent formal audit of the
commission;
(5) [(4)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of a state
policymaking body in performing their duties; and
(6) [(5)] any applicable ethics policies adopted by
the commission or the Texas Ethics Commission.
(d) The director and librarian shall create a training
manual that includes the information required by Subsection (b).
The director and librarian shall distribute a copy of the training
manual annually to each member of the commission. Each member of
the commission shall sign and submit to the director and librarian a
statement acknowledging that the member received and has reviewed
the training manual.
SECTION 4. Section 441.006(b), Government Code, is amended
to read as follows:
(b) The commission may:
(1) purchase, as state property, any suitable book,
picture, or similar item, within the limits of the annual
legislative appropriation;
(2) receive a donation or gift of money, property, or
services on any terms and conditions it considers proper as long as
the state does not incur financial liability;
(3) accept, receive, and administer federal funds made
available by grant or loan to improve the public libraries of this
state;
(4) contract or agree with the governing body or head
of a county, city, or town of this state to meet the terms
prescribed by the United States and consistent with state law for
the expenditure of federal funds for improving public libraries;
[and]
(5) participate in the establishment and operation of
an affiliated nonprofit organization whose purpose is to raise
funds for or provide services or other benefits to the commission;
and
(6) use general revenue, grants, donations, gifts,
and, if authorized by federal law, federal funds to advertise and
promote commission programs and increase participation in and
awareness of those programs.
SECTION 5. Subchapter A, Chapter 441, Government Code, is
amended by adding Section 441.0065 to read as follows:
Sec. 441.0065. ADVISORY COMMITTEES. (a) The commission
may establish an advisory committee to make recommendations to the
commission on programs, rules, and policies affecting the delivery
of information services in the state.
(b) In establishing an advisory committee under this
section, the commission shall adopt rules regarding:
(1) the purpose, role, responsibility, and goals of
the committee;
(2) the size and quorum requirement of the committee;
(3) qualifications for committee membership;
(4) appointment procedures for members;
(5) terms of service for members;
(6) training requirements for members;
(7) a periodic review process to evaluate the
continuing need for the committee; and
(8) a requirement that committee meetings be open to
the public.
SECTION 6. Sections 441.0945(a) and (b), Government Code,
are amended to read as follows:
(a) A county record may be destroyed if the record is listed
on a valid [the] records schedule and implementation plan [accepted
for filing by the director and librarian] and either its retention
period has expired or it has been microfilmed or stored
electronically in accordance with applicable law.
(b) The retention period of a record as listed on [director
and librarian or a person on the staff of the director and librarian
may reject] the records schedule and implementation plan must be at
least as long as [for a record if the retention period of the record
as listed on the plan is less than] the retention period for the
record established on a records retention schedule issued by the
commission [by the county records manual. If the plan is rejected,
the director and librarian or staff person shall file with the
custodian the rejected schedule and a statement of the reasons for
rejection not later than the 30th day after the date the director
and librarian or staff person received the records schedule and
implementation plan. If a schedule is rejected under this
subsection, the custodian may submit an amended schedule].
SECTION 7. Sections 441.095(d) and (e), Government Code,
are amended to read as follows:
(d) A custodian may dispose of a county record that is not
listed on a records retention schedule issued by the commission if,
not [Not] later than the 10th day before the date the [a] record is
destroyed, the custodian files and records [shall file and record]
a notice with the county clerk. The notice must indicate the record
to be destroyed, how it is to be destroyed, and the date of its
destruction. On the day the notice is filed, the county clerk shall
post a copy of it in the same manner that a notice of a meeting is
posted under Chapter 551.
(e) The custodian may destroy the record at any time after
[the director and librarian has approved the destruction and] the
notice required by Subsection (d) has been posted for 10 days by the
county clerk.
SECTION 8. Section 441.153, Government Code, is amended by
amending Subsection (f) and adding Subsection (g) to read as
follows:
(f) Except as otherwise provided by Subsection (g), title
[Title] to historical resources placed in a depository by the
commission remains with the commission, and the historical
resources may not be intermingled with other holdings of the
institution that serves as a depository.
(g) A depository may apply to the commission to transfer to
the depository title to local historical resources placed in the
depository by the commission. The commission shall approve the
application only if the transfer of title is in the state's best
interest. The commission, in consultation with depositories, shall
adopt rules providing an application procedure and standards for
evaluating applications to transfer title to local historical
resources to depositories. This subsection does not authorize the
commission to transfer title to state historical resources.
SECTION 9. Section 441.167, Government Code, is amended to
read as follows:
Sec. 441.167. ASSISTANCE [STATUTORY FILING] AND
INFORMATION [REVIEW]. The director and librarian may designate
employees of the commission to provide assistance and information
to local governments on records management issues under [act as
deputies in the approval or disapproval or acceptance or rejection
for filing of any records control schedule, destruction
authorization request, electronic storage authorization request,
or other statutory filing required by] Subtitle C, Title 6, Local
Government Code, or rules adopted under it.
SECTION 10. Subchapter J, Chapter 441, Government Code, is
amended by adding Section 441.169 to read as follows:
Sec. 441.169. DUTIES OF LOCAL GOVERNMENTS. Each local
government shall:
(1) submit to the director and librarian the name of
the local government's records management officer identified under
Section 203.001, Local Government Code, or designated under Section
203.025, Local Government Code, and the name of the new officer in
the event of a change;
(2) file a plan or an ordinance or order establishing a
records management program and any amendments to the plan or
ordinance or order with the director and librarian as required by
Sections 203.005 and 203.026, Local Government Code;
(3) notify the commission at least 10 days before
destroying a local government record that does not appear on a
records retention schedule issued by the commission; and
(4) file with the director and librarian a written
certification as provided by Section 203.041, Local Government
Code, that the local government has prepared a records control
schedule that:
(A) establishes a retention period for each local
government record as required by Subchapter C, Chapter 203, Local
Government Code; and
(B) complies with a local government records
retention schedule distributed by the director and librarian under
Section 441.158 and any other state and federal requirements.
SECTION 11. Section 441.180, Government Code, is amended by
adding Subdivision (6-a) and amending Subdivisions (9) and (11) to
read as follows:
(6-a) "Legislative record" means any record created or
received by the office of a member of the legislature or the
lieutenant governor during the official's term of office.
(9) "State agency" means:
(A) any department, commission, board, office,
or other agency in the executive, legislative, or judicial branch
of state government created by the constitution or a statute of this
state and includes[, including] an eleemosynary institution but
does not include the office of a member of the legislature or the
lieutenant governor;
(B) any university system and its components and
any institution of higher education as defined by Section 61.003,
Education Code, except a public junior college, not governed by a
university system board;
(C) the Texas Municipal Retirement System and the
Texas County and District Retirement System; and
(D) any public nonprofit corporation created by
the legislature whose responsibilities and authority are not
limited to a geographical area less than that of the state.
(11) "State record" means any written, photographic,
machine-readable, or other recorded information created or
received by or on behalf of a state agency or an elected state
official that documents activities in the conduct of state business
or use of public resources. The term includes any recorded
information created or received by a Texas government official in
the conduct of official business, including officials from periods
in which Texas was a province, colony, republic, or state. The term
does not include:
(A) library or museum material made or acquired
and maintained solely for reference or exhibition purposes;
(B) an extra copy of recorded information
maintained only for reference; [or]
(C) a stock of publications or blank forms; or
(D) a legislative record.
SECTION 12. Subchapter L, Chapter 441, Government Code, is
amended by adding Sections 441.1815, 441.1935, and 441.1965 to read
as follows:
Sec. 441.1815. STATE ARCHIVES STRATEGIC PLAN. The
commission, with input from interested persons, shall develop and
implement a comprehensive strategic plan regarding the state
archives. The commission shall update the strategic plan at least
once every five years. The strategic plan must include:
(1) an assessment of any current archives backlog;
(2) a prioritized list of projects and goals related
to the state archives;
(3) an evaluation of the resources needed to achieve
the commission's goals related to the state archives, including the
impact that different amounts of those resources are expected to
have on the commission's ability to achieve those goals;
(4) performance measures, targets, and timeframes for
achieving the commission's goals related to the state archives;
(5) a mechanism for regular reporting to the
commission on progress toward achieving the commission's goals
related to the state archives; and
(6) opportunities and standards for entering into
collaborative agreements with interested persons regarding the
state archives.
Sec. 441.1935. REQUIREMENTS FOR REQUESTS FOR INFORMATION
HELD BY STATE ARCHIVES PROGRAM. (a) The commission shall
promulgate a form that persons must use to request access to
information held by the state archives program. The form must allow
the requestor to designate the request either as a request for
public information made under Chapter 552 or as a research request
not subject to the requirements of that chapter. The form must
include:
(1) a plain-language explanation of the difference
between a request for public information made under Chapter 552 and
a research request not subject to the requirements of that chapter;
(2) the requirements for making and responding to each
type of request; and
(3) an option for the requestor to change the type of
request at any time.
(b) Notwithstanding any other law, a request for
information held by the state archives program is considered to be a
request for public information under Chapter 552 only if the
requestor makes the request using the form described by Subsection
(a) and on the form designates the request as a request for public
information under Chapter 552.
Sec. 441.1965. SALE OF REPLICAS FROM STATE ARCHIVES. (a)
The commission may sell replicas of archival state records and
other historical resources in its custody subject to the approval
of the commission.
(b) Money received from the sale of replicas under
Subsection (a) shall be deposited to the credit of a dedicated
account in the general revenue fund and may be appropriated only to
the commission for the purposes of preservation, digitization,
archives information services, and education.
SECTION 13. Section 202.001(a), Local Government Code, is
amended to read as follows:
(a) A local government record may be destroyed if:
(1) the record is listed on a valid records control
schedule [accepted for filing by the director and librarian as
provided by Section 203.041] and either its retention period has
expired or it has been microfilmed or stored electronically in
accordance with the requirements of Chapters 204 and 205;
(2) the record appears on a list of obsolete records
[approved by the director and librarian] as provided by Section
203.044; or
(3) the [a destruction request is filed with and
approved by the director and librarian as provided by Section
203.045 for a] record is not listed on a records retention [an
approved control] schedule issued by the commission and the local
government provides notice to the commission at least 10 days
before destroying the record as required by Section 441.169,
Government Code.
SECTION 14. Section 203.002, Local Government Code, is
amended to read as follows:
Sec. 203.002. DUTIES AND RESPONSIBILITIES OF ELECTED COUNTY
OFFICERS AS RECORDS MANAGEMENT OFFICERS. The elected county
officer shall:
(1) develop policies and procedures for the
administration of an active and continuing records management
program;
(2) administer the records management program so as to
reduce the costs and improve the efficiency of recordkeeping;
(3) [prepare and file with the director and librarian
the records control schedules and amended schedules required by
Section 203.041 and the list of obsolete records as provided by
Section 203.044;
[(4) prepare requests for authorization to destroy
records not on an approved control schedule as provided by Section
203.045, requests to destroy the originals of permanent records
that have been microfilmed as provided by Section 204.008, and
electronic storage authorization requests as provided by Section
205.007;
[(5)] identify and take adequate steps to preserve
records that are of permanent value;
(4) [(6)] identify and take adequate steps to protect
the essential records of the office;
(5) [(7)] ensure that the maintenance, preservation,
microfilming, destruction, or other disposition of records is
carried out in accordance with the policies and procedures of the
records management program and the requirements of this subtitle
and rules adopted under it; and
(6) [(8)] cooperate with the commission in its conduct
of statewide records management surveys.
SECTION 15. Section 203.023, Local Government Code, is
amended to read as follows:
Sec. 203.023. DUTIES OF RECORDS MANAGEMENT OFFICER. The
records management officer in each local government shall:
(1) assist in establishing and developing policies and
procedures for a records management program for the local
government;
(2) administer the records management program and
provide assistance to custodians for the purposes of reducing the
costs and improving the efficiency of recordkeeping;
(3) in cooperation with the custodians of the
records,[:
[(A)] prepare [and file with the director and
librarian] the records control schedules and amended schedules
required by Section 203.041 and the list of obsolete records as
provided by Section 203.044[; and
[(B) prepare or direct the preparation of
requests for authorization to destroy records not on an approved
control schedule as provided by Section 203.045, of requests to
destroy the originals of permanent records that have been
microfilmed as provided by Section 204.008, and of electronic
storage authorization requests as provided by Section 205.007];
(4) in cooperation with custodians, identify and take
adequate steps to preserve local government records that are of
permanent value;
(5) in cooperation with custodians, identify and take
adequate steps to protect essential local government records;
(6) in cooperation with custodians, ensure that the
maintenance, preservation, microfilming, destruction, or other
disposition of records is carried out in accordance with the
policies and procedures of the local government's records
management program and the requirements of this subtitle and rules
adopted under it;
(7) disseminate to the governing body and custodians
information concerning state laws, administrative rules, and the
policies of the government relating to local government records;
and
(8) in cooperation with custodians, establish
procedures to ensure that the handling of records in any context of
the records management program by the records management officer or
those under the officer's authority is carried out with due regard
for:
(A) the duties and responsibilities of
custodians that may be imposed by law; and
(B) the confidentiality of information in
records to which access is restricted by law.
SECTION 16. The heading to Section 203.041, Local
Government Code, is amended to read as follows:
Sec. 203.041. PREPARATION [AND FILING] OF RECORDS CONTROL
SCHEDULES.
SECTION 17. Sections 203.041(a), (d), (f), and (g), Local
Government Code, are amended to read as follows:
(a) On or before January 4, 1999, the records management
officer shall [prepare and file with the director and librarian]:
(1) prepare a records control schedule listing the
following records and establishing a retention period for each as
provided by Section 203.042:
(A) all records created or received by the local
government or elective county office;
(B) any record no longer created or received by
the local government or elective county office that is still in its
possession and for which the retention period on a records
retention schedule issued by the commission has not expired; and
(C) any record no longer created or received by
the local government or elective county office that is still in its
possession and for which the retention period on a records
retention schedule issued by the commission has expired but which
will not be destroyed as provided by Section 203.044; and [or]
(2) [the records management officer, in lieu of filing
a records control schedule, may] file with the director and
librarian a written certification of compliance that the local
government or the elective county office has adopted records
control schedules that comply with the minimum requirements
established on records retention schedules issued by the
commission.
(d) The records management officer shall review the records
control schedules of the local government or elective county office
and prepare amendments to the schedules as needed to reflect new
records created or received by the government or office or
revisions to retention periods established in a records retention
schedule issued by the commission. The records management officer
shall file with the director and librarian a written certification
of compliance that the local government or the elective county
office has amended the records control schedules to comply with the
minimum requirements established on records retention schedules
issued by the commission [Amendments to records control schedules
shall be filed with the director and librarian in the same manner as
the original schedules].
(f) Records control schedules may be prepared [filed] on an
office-by-office basis or on a department-by-department basis
within each office.
(g) A local government that intends to retain all records
permanently or that destroys only those records for which no
retention periods have been established in a records retention
schedule established under Section 441.158, Government Code, is not
required to prepare [submit] a records control schedule under this
section.
SECTION 18. Section 204.007(a), Local Government Code, is
amended to read as follows:
(a) The [Except as provided by Section 204.008, the]
original of a record that has been microfilmed pursuant to this
chapter and rules adopted under it may be destroyed before the
expiration of its retention period on a records retention schedule
issued by the commission.
SECTION 19. Sections 205.008(a) and (c), Local Government
Code, are amended to read as follows:
(a) The source document, if any, for electronically stored
local government record data covered by rules adopted under Section
205.003(a) [205.007(a)] may be destroyed or returned to the person
who filed it for record [if the electronic storage authorization
request is approved].
(c) The source document, if any, for electronically stored
local government record data not covered by rules adopted under
Section 205.003(a) [205.007(a)] may be destroyed before the
expiration of the retention period for the source document in a
records retention schedule issued by the commission if the magnetic
tape, optical disk, or similar medium and hardware and software
necessary to provide access to local government record data on the
media are retained for the retention period in the schedule.
Conversely, the magnetic tape, optical disk, or similar medium may
be erased, written over, or destroyed before the expiration of the
retention period for a source document for local government record
data not covered by rules adopted under Section 205.003(a)
[205.007(a)], if the source document, if any, is retained until the
expiration of its retention period or, if the source document has
already been destroyed, paper or microfilm copies are generated
from the magnetic tape, optical disk, or similar medium before
destruction or erasure and retained until the expiration of the
retention period for the source document.
SECTION 20. (a) The following provisions of the Government
Code are repealed:
(1) Section 441.094(e);
(2) Section 441.0945(c); and
(3) Sections 441.095(a), (b), and (c).
(b) The following provisions of the Local Government Code
are repealed:
(1) Sections 203.041(c) and (h);
(2) Section 203.042(c);
(3) Section 203.043;
(4) Sections 203.044(c) and (d); and
(5) Sections 203.045, 204.008, and 205.007.
SECTION 21. (a) Except as provided by Subsection (b) of
this section, Section 441.0011, Government Code, as amended by this
Act, applies to a member of the Texas State Library and Archives
Commission who is appointed before, on, or after the effective date
of this Act.
(b) A member of the Texas State Library and Archives
Commission who, before the effective date of this Act, completed
the training program required by Section 441.0011, Government Code,
as that law existed before the effective date of this Act, is only
required to complete additional training on the subjects added by
this Act to the training program required by Section 441.0011,
Government Code. A commission member described by this subsection
may not vote, deliberate, or be counted as a member in attendance at
a meeting of the commission held on or after December 1, 2019, until
the member completes the additional training.
(c) Not later than March 1, 2020, the Texas State Library
and Archives Commission shall promulgate a form as required by
Section 441.1935, Government Code, as added by this Act.
(d) Not later than September 1, 2020, the Texas State
Library and Archives Commission shall:
(1) adopt rules providing an application process and
standards for transfer of title to local historical resources under
Section 441.153(g), Government Code, as added by this Act; and
(2) develop a strategic plan for the state archives
program as required by Section 441.1815, Government Code, as added
by this Act.
(e) Not later than September 1, 2020:
(1) the Texas State Library and Archives Commission
shall transfer custody and ownership of all legislative records, as
defined by Section 441.180(6-a), Government Code, as added by this
Act, to the Legislative Reference Library; and
(2) the Legislative Library Board shall create a list
of preapproved depositories and adopt rules as required by Section
324.0086(b), Government Code, as added by this Act.
SECTION 22.
(a) Subject to Subsection (b) of this section,
as soon as practicable after the effective date of this Act, the
General Land Office on behalf of the State of Texas shall grant to
the City of Austin, by an appropriate instrument of conveyance, a
permanent easement in the property owned by the State of Texas and
described by Subsection (d) of this section.
(b) Consideration for the easement to be granted under
Subsection (a) of this section is the requirement that the City of
Austin use the easement primarily to promote a public purpose of the
state by using the easement primarily as a sidewalk, trail, and
recreation easement and thereby promoting public health and general
welfare and providing recreation, beautification, and civic
improvement. The easement automatically terminates if the City of
Austin:
(1) uses the easement in a manner that fails to promote
a public purpose of the state described by this subsection of this
section; or
(2) sells or transfers all or any part of the easement.
(c) The City of Austin shall reimburse the General Land
Office for the expenses incurred by the General Land Office in
connection with granting the easement under this section of this
Act.
(d) The easement referred to in this section is in the
property described as follows:
DESCRIPTION OF A 0.667 OF ONE ACRE TRACT OF LAND
LOCATED IN THE GEORGE W. SPEAR SURVEY, ABSTRACT
NO. 697, TRAVIS COUNTY, TEXAS, BEING A PORTION OF THAT
TRACT OF LAND CONVEYED TO S. ROSS, GOVERNOR OF THE
STATE OF TEXAS AND HIS SUCCESSORS IN OFFICE FOR THE USE
AND BENEFIT OF THE STATE OF TEXAS AS RECORDED IN VOLUME
76, PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY,
TEXAS; SAID TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 60d nail found in the north line of that 1.51 acre
tract of land conveyed to the City of Austin in a Gift Deed Of Land
recorded in Volume 5154, Page 2230, of said Deed Records, same being
a corner in the easterly line of THE GROVE AT SHOAL CREEK, according
to the map or plat thereof recorded in Document No. 201800146, of
the Official Public Records of said County, and the northwest
corner of the herein described tract, from which a 1/2 inch iron rod
found for the northwest corner of said 1.51 acre tract, bears North
62°26'39" West, a distance of 41.93 feet;
THENCE, North 01°22'52" East (bearing basis), with said easterly
line of THE GROVE AT SHOAL CREEK, a distance of 151.80 feet to the
northwest corner of the herein described tract, from which a, X mark
in rock found for a corner in said easterly line bears, North
01°22'52" East, a distance of 362.51 feet;
THENCE, departing said easterly line and over and across said State
of Texas tract the following four (4) courses and distances:
1. South 85°36'10" East,, a distance of 130.18 feet;
2. South 01°22'52" West, a distance of 149.86 feet to the to
the beginning of a curve to the left;
3. With said curve to the left, having a radius of 50.00
feet, an arc length of 55.70 feet, a delta angle of 63°49'31", and a
chord which bears South 30°31'53 East, a distance of 52.86 feet to
the end of said curve;
4. South 62°26'39" East, a distance of 191.49 feet to the
northeast corner of the herein described tract, being in the
curving west right-of-way line of Shoal Creek Boulevard (80'
right-of-way - no dedication found), from which a 1/2 inch iron rod
found for the common west corner of Lot 1 and Lot 2, SHOAL CREEK
VILLAGE, according to the map or plat thereof recorded in Volume 97,
Page 35, of said Plat Records, bears South 83°30'05' East a distance
of 84.97 feet;
THENCE, with said west right-of-way line and with said non-tangent
curve to the left, having a radius of 318.41 feet, an arc length of
25.15 feet, a delta angle of 04°31'32", and a chord which bears South
21°25'26" West, a distance of 25.14 feet to the southeast corner of
the herein described tract, same being the northeast corner of Lot
5, SHOAL COURTS, according to the map or plat thereof recorded in
Volume 6, Page 280, of said Plat Records;
THENCE, North 62°26'39" West, with the north line of said Lot 5,
passing a 1/2 inch iron rod found in a concrete retaining wall for
the northwest corner of said Lot 5 and the northeast corner of said
1.51 acre tract at a distance of 155.49 (record 155.75) feet and
continuing for a total distance of 357.88 feet the POINT OF
BEGINNING containing 0.667 of one acre of land within these metes
and bounds.
Subject tract described herein is an easement. No monumentation set
for corners.
Bearing Basis: Easterly line of said THE GROVE AT SHOAL CREEK. North
01°22'52" East
SECTION 23. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1962 was passed by the House on April
10, 2019, by the following vote: Yeas 144, Nays 3, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1962 on May 24, 2019, by the following vote: Yeas 138, Nays 2,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1962 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor