Texas Senate Bill SB765

Texas 2021 - 87th Regular

Caption

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

Impact

The bill amends Section 5.008 of the Texas Property Code to include this disclosure requirement, ensuring that prospective buyers are informed about the potential risks linked to their property's location. This is particularly crucial in areas where environmental factors can affect health and safety. By mandating this disclosure, the bill seeks to protect consumers and encourage responsible real estate practices among sellers.

Summary

SB765, introduced by Senator Huffman, mandates that sellers of residential real property in Texas disclose proximity to certain landfills and related facilities. This legislation aims to enhance transparency for buyers regarding potential environmental hazards associated with living near landfills. It requires sellers to provide a specific disclosure notice, which informs potential buyers if the property is situated within one mile of a municipal solid waste facility requiring a permit from the Texas Commission on Environmental Quality.

Contention

The introduction of SB765 has sparked discussions regarding its implications for sellers and real estate agents. Proponents argue that it enhances buyer awareness and promotes informed decision-making, aligning property transactions with growing environmental consciousness. However, some critics fear that such regulations may burden sellers with additional requirements and potentially discourage property sales in areas near landfills, which could create difficulties in the residential housing market.