By: Farias, Kuempel, Gutierrez, LarsonH.B. No. 1639 Substitute the following for H.B. No. 1639: By: King of TaylorC.S.H.B. No. 1639
By: Farias, Kuempel, Gutierrez, LarsonH.B. No. 1639
Substitute the following for H.B. No. 1639:
By: King of TaylorC.S.H.B. No. 1639
A BILL TO BE ENTITLED AN ACT
A BILL TO BE ENTITLED
AN ACT
relating to providing information to the public and to purchasers of real property regarding the impact of military installations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 397, Local Government Code, is amended by adding Section 397.007 to read as follows:
Sec. 397.007. PUBLIC INFORMATION REGARDING IMPACT OF MILITARY INSTALLATIONS. A county and any municipality in which is located a military installation shall work closely with the military installation as necessary to ensure that the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study applicable to each military installation or a link to that information is publicly available on the local governmental entity's Internet website.
SECTION 2. Section 5.008(b), Property Code, is amended to read as follows:
(b) The notice must be executed and must, at a minimum, read substantially similar to the following:
SELLER'S DISCLOSURE NOTICE
CONCERNING THE PROPERTY AT ___________________________________
(Street Address and City)
THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
Seller __ is __ is not occupying the Property.
If unoccupied, how long since Seller has occupied the Property?
________________________________________________________________
1. The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U).
__ Range__ Oven__ Microwave __ Dishwasher__ Trash Compactor__ Disposal __ Washer/Dryer__ Window__ Rain Gutters Hookups Screens __ Security__ Fire Detection__ Intercom System Equipment System __ Smoke Detector __ Smoke Detector - Hearing Impaired __ Carbon Monoxide Alarm __ Emergency Escape Ladder(s) __ TV Antenna__ Cable TV__ Satellite Wiring Dish __ Ceiling Fan(s)__ Attic Fan(s)__ Exhaust Fan(s) __ Central A/C__ Central Heating__ Wall/Window Air Conditioning __ Plumbing System__ Septic System__ Public Sewer System __ Patio/Decking__ Outdoor Grill__ Fences __ Pool__ Sauna__ Spa __ Hot Tub __ Pool Equipment__ Pool Heater__ Automatic Lawn Sprinkler System __ Fireplace(s) &__ Fireplace(s) & Chimney Chimney (Woodburning) (Mock) __ Natural Gas Lines__ Gas Fixtures __ Liquid Propane Gas:__ LP Community__ LP on Property (Captive) Garage: __ Attached__ Not Attached__ Carport Garage Door Opener(s):__ Electronic__ Control(s) Water Heater:__ Gas__ Electric Water Supply: __ City__ Well __ MUD__ Co-op
__ Range__ Oven__ Microwave
__ Range
__ Oven
__ Microwave
__ Dishwasher__ Trash Compactor__ Disposal
__ Dishwasher
__ Trash Compactor
__ Disposal
__ Washer/Dryer__ Window__ Rain Gutters
__ Washer/Dryer
__ Window
__ Rain Gutters
Hookups Screens
Hookups
Screens
__ Security__ Fire Detection__ Intercom
__ Security
__ Fire Detection
__ Intercom
System Equipment System
System
Equipment
System
__ Smoke Detector
__ Smoke Detector
__ Smoke Detector -
__ Smoke Detector -
Hearing Impaired
Hearing Impaired
__ Carbon Monoxide
__ Carbon Monoxide
Alarm
Alarm
__ Emergency Escape
__ Emergency Escape
Ladder(s)
Ladder(s)
__ TV Antenna__ Cable TV__ Satellite
__ TV Antenna
__ Cable TV
__ Satellite
Wiring Dish
Wiring
Dish
__ Ceiling Fan(s)__ Attic Fan(s)__ Exhaust
__ Ceiling Fan(s)
__ Attic Fan(s)
__ Exhaust
Fan(s)
Fan(s)
__ Central A/C__ Central Heating__ Wall/Window
__ Central A/C
__ Central Heating
__ Wall/Window
Air
Air
Conditioning
Conditioning
__ Plumbing System__ Septic System__ Public Sewer
__ Plumbing System
__ Septic System
__ Public Sewer
System
System
__ Patio/Decking__ Outdoor Grill__ Fences
__ Patio/Decking
__ Outdoor Grill
__ Fences
__ Pool__ Sauna__ Spa
__ Pool
__ Sauna
__ Spa
__ Hot Tub
__ Hot Tub
__ Pool Equipment__ Pool Heater__ Automatic Lawn
__ Pool Equipment
__ Pool Heater
__ Automatic Lawn
Sprinkler
Sprinkler
System
System
__ Fireplace(s) &__ Fireplace(s) &
__ Fireplace(s) &
__ Fireplace(s) &
Chimney Chimney
Chimney
Chimney
(Woodburning) (Mock)
(Woodburning)
(Mock)
__ Natural Gas Lines__ Gas Fixtures
__ Natural Gas Lines
__ Gas Fixtures
__ Liquid Propane Gas:__ LP Community__ LP on Property
__ Liquid Propane Gas:
__ LP Community
__ LP on Property
(Captive)
(Captive)
Garage: __ Attached__ Not Attached__ Carport
Garage: __ Attached
__ Not Attached
__ Carport
Garage Door Opener(s):__ Electronic__ Control(s)
Garage Door Opener(s):
__ Electronic
__ Control(s)
Water Heater:__ Gas__ Electric
Water Heater:
__ Gas
__ Electric
Water Supply: __ City__ Well __ MUD__ Co-op
Water Supply: __ City
__ Well __ MUD
__ Co-op
Roof Type: ________________________________ Age: _____(approx)
Are you (Seller) aware of any of the above items that are not in working condition, that have known defects, or that are in need of repair? __ Yes __ No __ Unknown.
If yes, then describe. (Attach additional sheets if necessary):
________________________________________________________________
________________________________________________________________
2. Does the property have working smoke detectors installed in accordance with the smoke detector requirements of Chapter 766, Health and Safety Code?* __ Yes __ No __ Unknown.
If the answer to the question above is no or unknown, explain. (Attach additional sheets if necessary):______________
________________________________________________________________________________________________________________________________
*Chapter 766 of the Health and Safety Code requires one-family or two-family dwellings to have working smoke detectors installed in accordance with the requirements of the building code in effect in the area in which the dwelling is located, including performance, location, and power source requirements. If you do not know the building code requirements in effect in your area, you may check unknown above or contact your local building official for more information. A buyer may require a seller to install smoke detectors for the hearing impaired if: (1) the buyer or a member of the buyer's family who will reside in the dwelling is hearing impaired; (2) the buyer gives the seller written evidence of the hearing impairment from a licensed physician; and (3) within 10 days after the effective date, the buyer makes a written request for the seller to install smoke detectors for the hearing impaired and specifies the locations for installation. The parties may agree who will bear the cost of installing the smoke detectors and which brand of smoke detectors to install.
3. Are you (Seller) aware of any known defects/malfunctions in any of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Interior Walls__ Ceilings__ Floors __ Exterior Walls__ Doors__ Windows __ Roof__ Foundation/__ Basement Slab(s) __ Walls/Fences__ Driveways__ Sidewalks __ Plumbing/Sewers/__ Electrical__ Lighting Septics Systems Fixtures
__ Interior Walls__ Ceilings__ Floors
__ Interior Walls
__ Ceilings
__ Floors
__ Exterior Walls__ Doors__ Windows
__ Exterior Walls
__ Doors
__ Windows
__ Roof__ Foundation/__ Basement
__ Roof
__ Foundation/
__ Basement
Slab(s)
Slab(s)
__ Walls/Fences__ Driveways__ Sidewalks
__ Walls/Fences
__ Driveways
__ Sidewalks
__ Plumbing/Sewers/__ Electrical__ Lighting
__ Plumbing/Sewers/
__ Electrical
__ Lighting
Septics Systems Fixtures
Septics
Systems
Fixtures
__ Other Structural Components (Describe):_______________________
________________________________________________________________
________________________________________________________________
If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):________________________________
________________________________________________________________
________________________________________________________________
4. Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Active Termites__ Previous Structural (includes or Roof Repair wood-destroying insects) __ Termite or Wood Rot Damage__ Hazardous or Toxic Waste Needing Repair __ Previous Termite Damage__ Asbestos Components __ Previous Termite__ Urea formaldehyde Treatment Insulation __ Previous Flooding__ Radon Gas __ Improper Drainage__ Lead Based Paint __ Water Penetration__ Aluminum Wiring __ Located in 100-Year__ Previous Fires Floodplain __ Present Flood Insurance__ Unplatted Easements Coverage __ Landfill, Settling, Soil__ Subsurface Movement, Fault Lines Structure or Pits __ Single Blockable Main__ Previous Use of Premises Drain in Pool/Hot for Manufacture of Tub/Spa* Methamphetamine
__ Active Termites__ Previous Structural
__ Active Termites
__ Previous Structural
(includes or Roof Repair
(includes
or Roof Repair
wood-destroying insects)
wood-destroying insects)
__ Termite or Wood Rot Damage__ Hazardous or Toxic Waste
__ Termite or Wood Rot Damage
__ Hazardous or Toxic Waste
Needing Repair
Needing Repair
__ Previous Termite Damage__ Asbestos Components
__ Previous Termite Damage
__ Asbestos Components
__ Previous Termite__ Urea formaldehyde
__ Previous Termite
__ Urea formaldehyde
Treatment Insulation
Treatment
Insulation
__ Previous Flooding__ Radon Gas
__ Previous Flooding
__ Radon Gas
__ Improper Drainage__ Lead Based Paint
__ Improper Drainage
__ Lead Based Paint
__ Water Penetration__ Aluminum Wiring
__ Water Penetration
__ Aluminum Wiring
__ Located in 100-Year__ Previous Fires
__ Located in 100-Year
__ Previous Fires
Floodplain
Floodplain
__ Present Flood Insurance__ Unplatted Easements
__ Present Flood Insurance
__ Unplatted Easements
Coverage
Coverage
__ Landfill, Settling, Soil__ Subsurface
__ Landfill, Settling, Soil
__ Subsurface
Movement, Fault Lines Structure or Pits
Movement, Fault Lines
Structure or Pits
__ Single Blockable Main__ Previous Use of Premises
__ Single Blockable Main
__ Previous Use of Premises
Drain in Pool/Hot for Manufacture of
Drain in Pool/Hot
for Manufacture of
Tub/Spa* Methamphetamine
Tub/Spa*
Methamphetamine
If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):________________________________
________________________________________________________________
________________________________________________________________
*A single blockable main drain may cause a suction entrapment hazard for an individual.
5. Are you (Seller) aware of any item, equipment, or system in or on the property that is in need of repair? __ Yes (if you are aware) __ No (if you are not aware). If yes, explain (attach additional sheets as necessary). ________________________________
6. Are you (Seller) aware of any of the following?
Write Yes (Y) if you aware, write No (N) if you are not aware.
__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time. __ Homeowners' Association or maintenance fees or assessments. __ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others. __ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property. __ Any lawsuits directly or indirectly affecting the Property. __ Any condition on the Property which materially affects the physical health or safety of an individual. __ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.
__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
__
Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
__ Homeowners' Association or maintenance fees or assessments.
__
Homeowners' Association or maintenance fees or assessments.
__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
__
Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
__
Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
__ Any lawsuits directly or indirectly affecting the Property.
__
Any lawsuits directly or indirectly affecting the Property.
__ Any condition on the Property which materially affects the physical health or safety of an individual.
__
Any condition on the Property which materially affects the physical health or safety of an individual.
__ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.
__
Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.
If the answer to any of the above is yes, explain. (Attach additional sheets if necessary): ______________________________
________________________________________________________________
________________________________________________________________
7. If the property is located in a coastal area that is seaward of the Gulf Intracoastal Waterway or within 1,000 feet of the mean high tide bordering the Gulf of Mexico, the property may be subject to the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63, Natural Resources Code, respectively) and a beachfront construction certificate or dune protection permit may be required for repairs or improvements. Contact the local government with ordinance authority over construction adjacent to public beaches for more information.
8. This property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations. Information relating to high noise and compatible use zones is available in the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study prepared for a military installation and may be accessed on the Internet website of the military installation and of the county and any municipality in which the military installation is located.
_______________ ________________________________________
Date Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the foregoing notice.
_______________ ________________________________________
Date Signature of Purchaser
SECTION 3. Section 5.008(b), Property Code, as amended by this Act, applies only to a transfer of property that occurs on or after the effective date of this Act. A transfer of property that occurs before the effective date of this Act is governed by the law applicable to the transfer immediately before that date, and the former law is continued in effect for that purpose. For the purposes of this section, a transfer of property occurs before the effective date of this Act if the contract binding the purchaser to purchase the property is executed before that date.
SECTION 4. This Act takes effect September 1, 2015.