Texas House Bill HB4043

Texas 2009 - 81st Regular

• Out of House Committee: 4/20/09
• Voted on by House: 5/4/09
• Out of Senate Committee: 5/12/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Enrolled: 5/24/09
• Passed: 6/19/09

Caption

Relating to notifications to certain purchasers of real property that may be located in an area subject to a certificate of convenience and necessity for water or sewer service.

Impact

The bill amends Section 13.257 of the Water Code to specify which property transfers are exempt from these notification requirements. Notably, transfers such as those resulting from lien foreclosures, municipal-owned utility areas, and transfers between co-owners or family members are excluded from the requirements, indicating that the bill aims to primarily affect commercial transactions involving real property rather than private transfers. This could lead to increased awareness among buyers regarding the areas in which they are purchasing properties, particularly those that rely on state-regulated utility services.

Summary

House Bill 4043 aims to modify notification requirements for certain purchasers of real property in Texas that may be located in areas subject to a certificate of convenience and necessity for water or sewer services. This bill reflects an attempt to clarify the obligations of sellers regarding informing potential buyers about the water or sewer services applicable to the property they are acquiring. By amending the relevant sections of the Texas Water Code, HB 4043 seeks to enhance the transparency of transactions involving real property connected to utility services.

Contention

Discussions surrounding HB 4043 may highlight potential contention regarding the balance between transparency in real estate transactions and the administrative burden placed on sellers. Proponents might argue that clearer notifications empower purchasers and help in making informed decisions, while opponents may contend that the added requirements could inhibit the flow of property transactions, posing a particular challenge for sellers who might find compliance with the notification laws cumbersome. The changes proposed could lead to differences in how properties are marketed and sold, affecting both real estate professionals and buyers alike.