Texas 2015 - 84th Regular

Texas Senate Bill SB1412 Compare Versions

Only one version of the bill is available at this time.
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11 By: Estes S.B. No. 1412
22
33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to seller's disclosures in connection with residential
77 real property subject to groundwater regulation.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 5.008(b), Property Code, is amended to
1010 read as follows:
1111 (b) The notice must be executed and must, at a minimum, read
1212 substantially similar to the following:
1313 SELLER'S DISCLOSURE NOTICE
1414 CONCERNING THE PROPERTY AT ___________________________________
1515 (Street Address and City)
1616 THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
1717 THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
1818 SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
1919 WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
2020 A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
2121 Seller __ is __ is not occupying the Property.
2222 If unoccupied, how long since Seller has occupied the Property?
2323 ________________________________________________________________
2424 1. The Property has the items checked below:
2525 Write Yes (Y), No (N), or Unknown (U).
2626 __ Range __ Oven __ Microwave __ Range __ Oven __ Microwave
2727 __ Range __ Oven __ Microwave
2828 __ Dishwasher __ Trash Compactor __ Disposal __ Dishwasher __ Trash Compactor __ Disposal
2929 __ Dishwasher __ Trash Compactor __ Disposal
3030 __ Washer/Dryer __ Window __ Rain Gutters __ Washer/Dryer __ Window __ Rain Gutters
3131 __ Washer/Dryer __ Window __ Rain Gutters
3232 Hookups Screens Hookups Screens
3333 Hookups Screens
3434 __ Security __ Fire Detection __ Intercom __ Security __ Fire Detection __ Intercom
3535 __ Security __ Fire Detection __ Intercom
3636 System Equipment System System Equipment System
3737 System Equipment System
3838 __ Smoke Detector __ Smoke Detector
3939 __ Smoke Detector
4040 __ Smoke Detector - __ Smoke Detector -
4141 __ Smoke Detector -
4242 Hearing Impaired Hearing Impaired
4343 Hearing Impaired
4444 __ Carbon Monoxide __ Carbon Monoxide
4545 __ Carbon Monoxide
4646 Alarm Alarm
4747 Alarm
4848 __ Emergency Escape __ Emergency Escape
4949 __ Emergency Escape
5050 Ladder(s) Ladder(s)
5151 Ladder(s)
5252 __ TV Antenna __ Cable TV __ Satellite __ TV Antenna __ Cable TV __ Satellite
5353 __ TV Antenna __ Cable TV __ Satellite
5454 Wiring Dish Wiring Dish
5555 Wiring Dish
5656 __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
5757 __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
5858 Fan(s) Fan(s)
5959 Fan(s)
6060 __ Central A/C __ Central Heating __ Wall/Window __ Central A/C __ Central Heating __ Wall/Window
6161 __ Central A/C __ Central Heating __ Wall/Window
6262 Air Air
6363 Air
6464 Conditioning Conditioning
6565 Conditioning
6666 __ Plumbing System __ Septic System __ Public Sewer __ Plumbing System __ Septic System __ Public Sewer
6767 __ Plumbing System __ Septic System __ Public Sewer
6868 System System
6969 System
7070 __ Patio/Decking __ Outdoor Grill __ Fences __ Patio/Decking __ Outdoor Grill __ Fences
7171 __ Patio/Decking __ Outdoor Grill __ Fences
7272 __ Pool __ Sauna __ Spa __ Pool __ Sauna __ Spa
7373 __ Pool __ Sauna __ Spa
7474 __ Hot Tub __ Hot Tub
7575 __ Hot Tub
7676 __ Pool Equipment __ Pool Heater __ Automatic Lawn __ Pool Equipment __ Pool Heater __ Automatic Lawn
7777 __ Pool Equipment __ Pool Heater __ Automatic Lawn
7878 Sprinkler Sprinkler
7979 Sprinkler
8080 System System
8181 System
8282 __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) &
8383 __ Fireplace(s) & __ Fireplace(s) &
8484 Chimney Chimney Chimney Chimney
8585 Chimney Chimney
8686 (Woodburning) (Mock) (Woodburning) (Mock)
8787 (Woodburning) (Mock)
8888 __ Natural Gas Lines __ Gas Fixtures __ Natural Gas Lines __ Gas Fixtures
8989 __ Natural Gas Lines __ Gas Fixtures
9090 __ Liquid Propane Gas: __ LP Community __ LP on Property __ Liquid Propane Gas: __ LP Community __ LP on Property
9191 __ Liquid Propane Gas: __ LP Community __ LP on Property
9292 (Captive) (Captive)
9393 (Captive)
9494 Garage: __ Attached __ Not Attached __ Carport Garage: __ Attached __ Not Attached __ Carport
9595 Garage: __ Attached __ Not Attached __ Carport
9696 Garage Door Opener(s): __ Electronic __ Control(s) Garage Door Opener(s): __ Electronic __ Control(s)
9797 Garage Door Opener(s): __ Electronic __ Control(s)
9898 Water Heater: __ Gas __ Electric Water Heater: __ Gas __ Electric
9999 Water Heater: __ Gas __ Electric
100100 Water Supply: __ City __ Well __ MUD __ Co-op Water Supply: __ City __ Well __ MUD __ Co-op
101101 Water Supply: __ City __ Well __ MUD __ Co-op
102102 Roof Type: ________________________________ Age: _____(approx)
103103 Are you (Seller) aware of any of the above items that are not in
104104 working condition, that have known defects, or that are in need of
105105 repair? __ Yes __ No __ Unknown.
106106 If yes, then describe. (Attach additional sheets if necessary):
107107 ________________________________________________________________
108108 ________________________________________________________________
109109 2. Does the property have working smoke detectors installed in
110110 accordance with the smoke detector requirements of Chapter 766,
111111 Health and Safety Code?* __ Yes __ No __ Unknown.
112112 If the answer to the question above is no or unknown,
113113 explain. (Attach additional sheets if necessary):______________
114114 ________________________________________________________________
115115 ________________________________________________________________
116116 *Chapter 766 of the Health and Safety Code requires
117117 one-family or two-family dwellings to have working smoke detectors
118118 installed in accordance with the requirements of the building code
119119 in effect in the area in which the dwelling is located, including
120120 performance, location, and power source requirements. If you do
121121 not know the building code requirements in effect in your area, you
122122 may check unknown above or contact your local building official for
123123 more information. A buyer may require a seller to install smoke
124124 detectors for the hearing impaired if: (1) the buyer or a member of
125125 the buyer's family who will reside in the dwelling is hearing
126126 impaired; (2) the buyer gives the seller written evidence of the
127127 hearing impairment from a licensed physician; and (3) within 10
128128 days after the effective date, the buyer makes a written request for
129129 the seller to install smoke detectors for the hearing impaired and
130130 specifies the locations for installation. The parties may agree
131131 who will bear the cost of installing the smoke detectors and which
132132 brand of smoke detectors to install.
133133 3. Are you (Seller) aware of any known defects/malfunctions in any
134134 of the following?
135135 Write Yes (Y) if you are aware, write No (N) if you are not aware.
136136 __ Interior Walls __ Ceilings __ Floors __ Interior Walls __ Ceilings __ Floors
137137 __ Interior Walls __ Ceilings __ Floors
138138 __ Exterior Walls __ Doors __ Windows __ Exterior Walls __ Doors __ Windows
139139 __ Exterior Walls __ Doors __ Windows
140140 __ Roof __ Foundation/ __ Basement __ Roof __ Foundation/ __ Basement
141141 __ Roof __ Foundation/ __ Basement
142142 Slab(s) Slab(s)
143143 Slab(s)
144144 __ Walls/Fences __ Driveways __ Sidewalks __ Walls/Fences __ Driveways __ Sidewalks
145145 __ Walls/Fences __ Driveways __ Sidewalks
146146 __ Plumbing/Sewers/ __ Electrical __ Lighting __ Plumbing/Sewers/ __ Electrical __ Lighting
147147 __ Plumbing/Sewers/ __ Electrical __ Lighting
148148 Septics Systems Fixtures Septics Systems Fixtures
149149 Septics Systems Fixtures
150150 __ Other Structural Components (Describe):_______________________
151151 ________________________________________________________________
152152 ________________________________________________________________
153153 If the answer to any of the above is yes, explain. (Attach
154154 additional sheets if necessary):________________________________
155155 ________________________________________________________________
156156 ________________________________________________________________
157157 4. Are you (Seller) aware of any of the following conditions?
158158 Write Yes (Y) if you are aware, write No (N) if you are not aware.
159159 __ Active Termites __ Previous Structural __ Active Termites __ Previous Structural
160160 __ Active Termites __ Previous Structural
161161 (includes or Roof Repair (includes or Roof Repair
162162 (includes or Roof Repair
163163 wood-destroying insects) wood-destroying insects)
164164 wood-destroying insects)
165165 __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
166166 __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
167167 Needing Repair Needing Repair
168168 Needing Repair
169169 __ Previous Termite Damage __ Asbestos Components __ Previous Termite Damage __ Asbestos Components
170170 __ Previous Termite Damage __ Asbestos Components
171171 __ Previous Termite __ Urea formaldehyde __ Previous Termite __ Urea formaldehyde
172172 __ Previous Termite __ Urea formaldehyde
173173 Treatment Insulation Treatment Insulation
174174 Treatment Insulation
175175 __ Previous Flooding __ Radon Gas __ Previous Flooding __ Radon Gas
176176 __ Previous Flooding __ Radon Gas
177177 __ Improper Drainage __ Lead Based Paint __ Improper Drainage __ Lead Based Paint
178178 __ Improper Drainage __ Lead Based Paint
179179 __ Water Penetration __ Aluminum Wiring __ Water Penetration __ Aluminum Wiring
180180 __ Water Penetration __ Aluminum Wiring
181181 __ Located in 100-Year __ Previous Fires __ Located in 100-Year __ Previous Fires
182182 __ Located in 100-Year __ Previous Fires
183183 Floodplain Floodplain
184184 Floodplain
185185 __ Present Flood Insurance __ Unplatted Easements __ Present Flood Insurance __ Unplatted Easements
186186 __ Present Flood Insurance __ Unplatted Easements
187187 Coverage Coverage
188188 Coverage
189189 __ Landfill, Settling, Soil __ Subsurface __ Landfill, Settling, Soil __ Subsurface
190190 __ Landfill, Settling, Soil __ Subsurface
191191 Movement, Fault Lines Structure or Pits Movement, Fault Lines Structure or Pits
192192 Movement, Fault Lines Structure or Pits
193193 __ Single Blockable Main __ Previous Use of Premises __ Single Blockable Main __ Previous Use of Premises
194194 __ Single Blockable Main __ Previous Use of Premises
195195 Drain in Pool/Hot for Manufacture of Drain in Pool/Hot for Manufacture of
196196 Drain in Pool/Hot for Manufacture of
197197 Tub/Spa* Methamphetamine Tub/Spa* Methamphetamine
198198 Tub/Spa* Methamphetamine
199199 If the answer to any of the above is yes, explain. (Attach
200200 additional sheets if necessary):________________________________
201201 ________________________________________________________________
202202 ________________________________________________________________
203203 *A single blockable main drain may cause a suction entrapment
204204 hazard for an individual.
205205 5. Are you (Seller) aware of any item, equipment, or system in or
206206 on the property that is in need of repair? __ Yes (if you are
207207 aware) __ No (if you are not aware). If yes, explain (attach
208208 additional sheets as necessary).
209209 _________________________________
210210 6. Are you (Seller) aware of any of the following?
211211 Write Yes (Y) if you are aware, write No (N) if you are not aware.
212212 __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.
213213 __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.
214214 __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.
215215 __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.
216216 __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.
217217 __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.
218218 __Homeowners' Association or maintenance fees or assessments. __Homeowners' Association or maintenance fees or assessments.
219219 __Homeowners' Association or maintenance fees or assessments.
220220 __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.
221221 __Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
222222 __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.
223223 __Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
224224 __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.
225225 __Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
226226 __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.
227227 __Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
228228 __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.
229229 __Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
230230 __Any lawsuits directly or indirectly affecting the Property. __Any lawsuits directly or indirectly affecting the Property.
231231 __Any lawsuits directly or indirectly affecting the Property.
232232 __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.
233233 __Any condition on the Property which materially affects the physical health or safety of an individual.
234234 __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.
235235 __Any condition on the Property which materially affects the physical health or safety of an individual.
236236 __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.
237237 __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.
238238 __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.
239239 __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.
240240 __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.
241241 __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.
242242 __Any portion of the property that is located in a groundwater __Any portion of the property that is located in a groundwater
243243 __Any portion of the property that is located in a groundwater
244244 conservation district, a subsidence district, or other special conservation district, a subsidence district, or other special
245245 conservation district, a subsidence district, or other special
246246 purpose district with the authority to regulate the withdrawal purpose district with the authority to regulate the withdrawal
247247 purpose district with the authority to regulate the withdrawal
248248 of groundwater. of groundwater.
249249 of groundwater.
250250 If the answer to any of the above is yes, explain. (Attach
251251 additional sheets if necessary): ______________________________
252252 ________________________________________________________________
253253 ________________________________________________________________
254254 7. If the property is located in a coastal area that is seaward of
255255 the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
256256 tide bordering the Gulf of Mexico, the property may be subject to
257257 the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,
258258 Natural Resources Code, respectively) and a beachfront
259259 construction certificate or dune protection permit may be required
260260 for repairs or improvements. Contact the local government with
261261 ordinance authority over construction adjacent to public beaches
262262 for more information.
263263 _______________ ________________________________________
264264 Date Signature of Seller
265265 The undersigned purchaser hereby acknowledges receipt of the
266266 foregoing notice.
267267 _______________ ________________________________________
268268 Date Signature of Purchaser
269269 SECTION 2. Section 5.008(b), Property Code, as amended by
270270 this Act, applies only to a transfer of property that occurs on or
271271 after the effective date of this Act. A transfer of property that
272272 occurs before the effective date of this Act is governed by the law
273273 applicable to the transfer immediately before that date, and the
274274 former law is continued in effect for that purpose. For purposes of
275275 this section, a transfer of property occurs before the effective
276276 date of this Act if the contract binding the purchaser to purchase
277277 the property is executed before that date.
278278 SECTION 3. This Act takes effect September 1, 2015.
279279
280280
281281
282282 __ Range __ Oven __ Microwave
283283
284284 __ Dishwasher __ Trash Compactor __ Disposal
285285
286286 __ Washer/Dryer __ Window __ Rain Gutters
287287
288288 Hookups Screens
289289
290290 __ Security __ Fire Detection __ Intercom
291291
292292 System Equipment System
293293
294294 __ Smoke Detector
295295
296296 __ Smoke Detector -
297297
298298 Hearing Impaired
299299
300300 __ Carbon Monoxide
301301
302302 Alarm
303303
304304 __ Emergency Escape
305305
306306 Ladder(s)
307307
308308 __ TV Antenna __ Cable TV __ Satellite
309309
310310 Wiring Dish
311311
312312 __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
313313
314314 Fan(s)
315315
316316 __ Central A/C __ Central Heating __ Wall/Window
317317
318318 Air
319319
320320 Conditioning
321321
322322 __ Plumbing System __ Septic System __ Public Sewer
323323
324324 System
325325
326326 __ Patio/Decking __ Outdoor Grill __ Fences
327327
328328 __ Pool __ Sauna __ Spa
329329
330330 __ Hot Tub
331331
332332 __ Pool Equipment __ Pool Heater __ Automatic Lawn
333333
334334 Sprinkler
335335
336336 System
337337
338338 __ Fireplace(s) & __ Fireplace(s) &
339339
340340 Chimney Chimney
341341
342342 (Woodburning) (Mock)
343343
344344 __ Natural Gas Lines __ Gas Fixtures
345345
346346 __ Liquid Propane Gas: __ LP Community __ LP on Property
347347
348348 (Captive)
349349
350350 Garage: __ Attached __ Not Attached __ Carport
351351
352352 Garage Door Opener(s): __ Electronic __ Control(s)
353353
354354 Water Heater: __ Gas __ Electric
355355
356356 Water Supply: __ City __ Well __ MUD __ Co-op
357357
358358
359359
360360 __ Interior Walls __ Ceilings __ Floors
361361
362362 __ Exterior Walls __ Doors __ Windows
363363
364364 __ Roof __ Foundation/ __ Basement
365365
366366 Slab(s)
367367
368368 __ Walls/Fences __ Driveways __ Sidewalks
369369
370370 __ Plumbing/Sewers/ __ Electrical __ Lighting
371371
372372 Septics Systems Fixtures
373373
374374
375375
376376 __ Active Termites __ Previous Structural
377377
378378 (includes or Roof Repair
379379
380380 wood-destroying insects)
381381
382382 __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
383383
384384 Needing Repair
385385
386386 __ Previous Termite Damage __ Asbestos Components
387387
388388 __ Previous Termite __ Urea formaldehyde
389389
390390 Treatment Insulation
391391
392392 __ Previous Flooding __ Radon Gas
393393
394394 __ Improper Drainage __ Lead Based Paint
395395
396396 __ Water Penetration __ Aluminum Wiring
397397
398398 __ Located in 100-Year __ Previous Fires
399399
400400 Floodplain
401401
402402 __ Present Flood Insurance __ Unplatted Easements
403403
404404 Coverage
405405
406406 __ Landfill, Settling, Soil __ Subsurface
407407
408408 Movement, Fault Lines Structure or Pits
409409
410410 __ Single Blockable Main __ Previous Use of Premises
411411
412412 Drain in Pool/Hot for Manufacture of
413413
414414 Tub/Spa* Methamphetamine
415415
416416
417417
418418 __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.
419419
420420 __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.
421421
422422 __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.
423423
424424 __Homeowners' Association or maintenance fees or assessments.
425425
426426 __Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
427427
428428 __Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
429429
430430 __Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
431431
432432 __Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
433433
434434 __Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
435435
436436 __Any lawsuits directly or indirectly affecting the Property.
437437
438438 __Any condition on the Property which materially affects the physical health or safety of an individual.
439439
440440 __Any condition on the Property which materially affects the physical health or safety of an individual.
441441
442442 __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.
443443
444444 __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.
445445
446446 __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.
447447
448448 __Any portion of the property that is located in a groundwater
449449
450450 conservation district, a subsidence district, or other special
451451
452452 purpose district with the authority to regulate the withdrawal
453453
454454 of groundwater.