Texas Senate Bill SB638

Texas 2019 - 86th Regular

Caption

Relating to seller's disclosures regarding the proximity of certain residential real property to certain landfills and related facilities.

Impact

The implementation of SB638 aims to modify the Texas Property Code to protect buyers from potential hazards associated with nearby landfills. The legislation will require sellers to include specific disclosures in the sales contract, thereby making it more difficult for sellers to withhold crucial information that could influence a buyer's decision. By enforcing such regulations, the state seeks to promote accountability among property sellers and ensure that buyers have all necessary information to make well-informed decisions.

Summary

Senate Bill 638 mandates specific seller's disclosures regarding the proximity of certain residential properties to landfills and related facilities. This requirement is integral in enhancing transparency in the real estate market, ensuring potential buyers are informed about any environmental risks associated with their prospective properties. The amended seller's notice must include a clear statement regarding whether the property is within proximity to a municipal solid waste facility that requires state permits, which could impact the desirability and safety of living in such locations.

Contention

While the bill predominantly focuses on protecting buyers, there are concerns regarding the economic implications for sellers of properties near landfills. Some stakeholders argue that this legislation might deter potential buyers due to the stigma associated with living near a landfill, thus potentially harming property values in those areas. Additionally, real estate professionals worry about the broader economic impacts on local communities where such disclosures may affect market stability and growth.