Texas 2009 - 81st Regular

Texas House Bill HB3834 Compare Versions

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1	1	By: Hilderbran (Senate Sponsor - Fraser) H.B. No. 3834
2	2	(In the Senate - Received from the House May 18, 2009;
3	3	May 19, 2009, read first time and referred to Committee on Natural
4	4	Resources; May 23, 2009, reported favorably by the following vote:
5	5	Yeas 9, Nays 0; May 23, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to requiring the seller of certain real property to
11	11	provide notice regarding the purchaser's duty to register water
12	12	wells located or drilled on the property.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter A, Chapter 5, Property Code, is
15	15	amended by adding Section 5.0141 to read as follows:
16	16	Sec. 5.0141. NOTICE OF OBLIGATION TO REGISTER WATER WELLS.
17	17	(a) In this section, "district" means a groundwater conservation
18	18	district to which Chapter 36, Water Code, is applicable, a
19	19	subsidence district governed by Chapter 8801, Special District
20	20	Local Laws Code, or a subsidence district established under Chapter
21	21	1045, Acts of the 71st Legislature, Regular Session, 1989.
22	22	(b) A seller of real property larger than one acre any part
23	23	of which is located in a district shall give to the purchaser of the
24	24	property a written notice that reads substantially similar to the
25	25	following:
26	26	NOTICE OF OBLIGATION TO REGISTER WATER WELLS WITH THE (name of
27	27	district)
28	28	As a purchaser of this parcel of real property you are
29	29	obligated to register all existing water wells located on the
30	30	property and all water wells drilled on the property after the
31	31	purchase of this parcel with the (name of district) as provided by
32	32	(Chapter 36, Water Code, Chapter 8801, Special District Local Laws
33	33	Code, or Chapter 1045, Acts of the 71st Legislature, Regular
34	34	Session, 1989, as applicable).
35	35	Your failure to register water wells located or drilled on
36	36	the property with the (name of district) may be a violation of the
37	37	district's rules or illegal drainage and may result in an action for
38	38	damages.
39	39	Date: ____________________ _____________________________ Date: ____________________ _____________________________
40	40	Date: ____________________ _____________________________
41	41	Signature of Purchaser Signature of Purchaser
42	42	Signature of Purchaser
43	43	(c) The seller shall deliver the notice required by
44	44	Subsection (b) to the purchaser before the effective date of an
45	45	executory contract binding the purchaser to purchase the property.
46	46	The notice may be given separately, as part of the contract during
47	47	negotiations, or as part of any other notice the seller delivers to
48	48	the purchaser. If the notice is included as part of the executory
49	49	contract or another notice, the title of the notice prescribed by
50	50	Subsection (b) and the purchaser's signature on the notice may be
51	51	omitted.
52	52	(d) This section does not apply to a transfer:
53	53	(1) to a mortgagee by a mortgagor or successor in
54	54	interest or to a beneficiary of a deed of trust by a trustor or
55	55	successor in interest;
56	56	(2) by a mortgagee or a beneficiary under a deed of
57	57	trust who has acquired the land at a sale conducted under a power of
58	58	sale under a deed of trust or a sale under a court-ordered
59	59	foreclosure or has acquired the land by a deed in lieu of
60	60	foreclosure;
61	61	(3) by a fiduciary in the course of the administration
62	62	of a decedent's estate, guardianship, conservatorship, or trust;
63	63	(4) from one co-owner to another co-owner of an
64	64	undivided interest in the real property;
65	65	(5) to a spouse or a person in the lineal line of
66	66	consanguinity of the seller; or
67	67	(6) of only a mineral interest, leasehold interest, or
68	68	security interest.
69	69	SECTION 2. (a) The change in law made by this Act applies
70	70	only to a transfer of property that occurs on or after the effective
71	71	date of this Act. For purposes of this section, a transfer of
72	72	property occurs before the effective date of this Act if the
73	73	executory contract binding the purchaser to purchase the property
74	74	is executed before that date.
75	75	(b) A transfer of property before the effective date of this
76	76	Act is governed by the law in effect immediately before the
77	77	effective date of this Act, and that law is continued in effect for
78	78	that purpose.
79	79	SECTION 3. This Act takes effect September 1, 2009.
80	80	* * * * *
81	81
82	82	Date: ____________________ _____________________________
83	83
84	84	Signature of Purchaser