Texas House Bill HB3834

Texas 2009 - 81st Regular

• Out of House Committee: 5/8/09
• Voted on by House: 5/18/09
• Out of Senate Committee: 5/23/09

Caption

Relating to requiring the seller of certain real property to provide notice regarding the purchaser's duty to register water wells located or drilled on the property.

Impact

The inclusion of this requirement is significant as it enhances transparency and informs buyers of their legal responsibilities related to water well registration. This proactive approach aims to ensure that groundwater resources are monitored and managed effectively, reducing the likelihood of unregistered wells that could contribute to groundwater depletion or contamination. It reinforces the importance of complying with local conservation efforts, especially in areas where groundwater conservation is critical due to environmental or resource management concerns.

Summary

House Bill 3834 mandates that sellers of certain real properties in Texas that are located within a groundwater conservation district and exceed one acre in size provide written notice to purchasers regarding their obligation to register any existing water wells on the property. The notice must explicitly inform the buyer that they are legally responsible for registering these wells with the appropriate groundwater conservation district, as outlined in specified sections of the Texas Water Code. Failure to comply may result in legal ramifications, including penalties for illegal drainage activities.

Contention

A notable point of contention surrounding this bill may revolve around the potential burden placed on property sellers and the implications for property transactions. While proponents argue that this measure will lead to better management of water resources and protect local ecosystems, some critics might express concerns over the added complexity to real estate transactions and potential liabilities for sellers who may be responsible for providing this notice. Additionally, those involved in real estate may perceive this as a regulatory hurdle that could complicate the sale process, particularly in areas lacking adequate educational resources about local groundwater regulations.