Texas 2019 - 86th Regular

Texas House Bill HB1549 Compare Versions

Only one version of the bill is available at this time.
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11 86R8402 PMO-D
22 By: Bohac H.B. No. 1549
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to seller's disclosures regarding the proximity of certain
88 residential real property to certain landfills and related
99 facilities.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 5.008(b), Property Code, is amended to
1212 read as follows:
1313 (b) The notice must be executed and must, at a minimum, read
1414 substantially similar to the following:
1515 SELLER'S DISCLOSURE NOTICE
1616 CONCERNING THE PROPERTY AT ___________________________________
1717 (Street Address and City)
1818 THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
1919 THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
2020 SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
2121 WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
2222 A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
2323 Seller __ is __ is not occupying the Property.
2424 If unoccupied, how long since Seller has occupied the Property?
2525 ________________________________________________________________
2626 1. The Property has the items checked below:
2727 Write Yes (Y), No (N), or Unknown (U).
2828 __ Range __ Oven __ Microwave __ Range __ Oven __ Microwave
2929 __ Range __ Oven __ Microwave
3030 __ Dishwasher __ Trash Compactor __ Disposal __ Dishwasher __ Trash Compactor __ Disposal
3131 __ Dishwasher __ Trash Compactor __ Disposal
3232 __ Washer/Dryer __ Window __ Rain Gutters __ Washer/Dryer __ Window __ Rain Gutters
3333 __ Washer/Dryer __ Window __ Rain Gutters
3434 Hookups Screens Hookups Screens
3535 Hookups Screens
3636 __ Security __ Fire Detection __ Intercom __ Security __ Fire Detection __ Intercom
3737 __ Security __ Fire Detection __ Intercom
3838 System Equipment System System Equipment System
3939 System Equipment System
4040 __ Smoke Detector __ Smoke Detector
4141 __ Smoke Detector
4242 __ Smoke Detector - __ Smoke Detector -
4343 __ Smoke Detector -
4444 Hearing Impaired Hearing Impaired
4545 Hearing Impaired
4646 __ Carbon Monoxide __ Carbon Monoxide
4747 __ Carbon Monoxide
4848 Alarm Alarm
4949 Alarm
5050 __ Emergency Escape __ Emergency Escape
5151 __ Emergency Escape
5252 Ladder(s) Ladder(s)
5353 Ladder(s)
5454 __ TV Antenna __ Cable TV __ Satellite __ TV Antenna __ Cable TV __ Satellite
5555 __ TV Antenna __ Cable TV __ Satellite
5656 Wiring Dish Wiring Dish
5757 Wiring Dish
5858 __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
5959 __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
6060 Fan(s) Fan(s)
6161 Fan(s)
6262 __ Central A/C __ Central Heating __ Wall/Window __ Central A/C __ Central Heating __ Wall/Window
6363 __ Central A/C __ Central Heating __ Wall/Window
6464 Air Air
6565 Air
6666 Conditioning Conditioning
6767 Conditioning
6868 __ Plumbing System __ Septic System __ Public Sewer __ Plumbing System __ Septic System __ Public Sewer
6969 __ Plumbing System __ Septic System __ Public Sewer
7070 System System
7171 System
7272 __ Patio/Decking __ Outdoor Grill __ Fences __ Patio/Decking __ Outdoor Grill __ Fences
7373 __ Patio/Decking __ Outdoor Grill __ Fences
7474 __ Pool __ Sauna __ Spa __ Pool __ Sauna __ Spa
7575 __ Pool __ Sauna __ Spa
7676 __ Hot Tub __ Hot Tub
7777 __ Hot Tub
7878 __ Pool Equipment __ Pool Heater __ Automatic Lawn __ Pool Equipment __ Pool Heater __ Automatic Lawn
7979 __ Pool Equipment __ Pool Heater __ Automatic Lawn
8080 Sprinkler Sprinkler
8181 Sprinkler
8282 System System
8383 System
8484 __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) &
8585 __ Fireplace(s) & __ Fireplace(s) &
8686 Chimney Chimney Chimney Chimney
8787 Chimney Chimney
8888 (Woodburning) (Mock) (Woodburning) (Mock)
8989 (Woodburning) (Mock)
9090 __ Natural Gas Lines __ Gas Fixtures __ Natural Gas Lines __ Gas Fixtures
9191 __ Natural Gas Lines __ Gas Fixtures
9292 __ Liquid Propane Gas: __ LP Community __ LP on Property __ Liquid Propane Gas: __ LP Community __ LP on Property
9393 __ Liquid Propane Gas: __ LP Community __ LP on Property
9494 (Captive) (Captive)
9595 (Captive)
9696 Garage: __ Attached __ Not Attached __ Carport Garage: __ Attached __ Not Attached __ Carport
9797 Garage: __ Attached __ Not Attached __ Carport
9898 Garage Door Opener(s): __ Electronic __ Control(s) Garage Door Opener(s): __ Electronic __ Control(s)
9999 Garage Door Opener(s): __ Electronic __ Control(s)
100100 Water Heater: __ Gas __ Electric Water Heater: __ Gas __ Electric
101101 Water Heater: __ Gas __ Electric
102102 Water Supply: __ City __ Well __ MUD __ Co-op Water Supply: __ City __ Well __ MUD __ Co-op
103103 Water Supply: __ City __ Well __ MUD __ Co-op
104104 Roof Type: ________________________________ Age: _____(approx)
105105 Are you (Seller) aware of any of the above items that are not in
106106 working condition, that have known defects, or that are in need of
107107 repair? __ Yes __ No __ Unknown.
108108 If yes, then describe. (Attach additional sheets if necessary):
109109 ________________________________________________________________
110110 ________________________________________________________________
111111 2. Does the property have working smoke detectors installed in
112112 accordance with the smoke detector requirements of Chapter 766,
113113 Health and Safety Code?* __ Yes __ No __ Unknown.
114114 If the answer to the question above is no or unknown,
115115 explain. (Attach additional sheets if necessary):______________
116116 ________________________________________________________________
117117 ________________________________________________________________
118118 *Chapter 766 of the Health and Safety Code requires
119119 one-family or two-family dwellings to have working smoke detectors
120120 installed in accordance with the requirements of the building code
121121 in effect in the area in which the dwelling is located, including
122122 performance, location, and power source requirements. If you do
123123 not know the building code requirements in effect in your area, you
124124 may check unknown above or contact your local building official for
125125 more information. A buyer may require a seller to install smoke
126126 detectors for the hearing impaired if: (1) the buyer or a member of
127127 the buyer's family who will reside in the dwelling is hearing
128128 impaired; (2) the buyer gives the seller written evidence of the
129129 hearing impairment from a licensed physician; and (3) within 10
130130 days after the effective date, the buyer makes a written request for
131131 the seller to install smoke detectors for the hearing impaired and
132132 specifies the locations for installation. The parties may agree
133133 who will bear the cost of installing the smoke detectors and which
134134 brand of smoke detectors to install.
135135 3. Are you (Seller) aware of any known defects/malfunctions in any
136136 of the following?
137137 Write Yes (Y) if you are aware, write No (N) if you are not aware.
138138 __ Interior Walls __ Ceilings __ Floors __ Interior Walls __ Ceilings __ Floors
139139 __ Interior Walls __ Ceilings __ Floors
140140 __ Exterior Walls __ Doors __ Windows __ Exterior Walls __ Doors __ Windows
141141 __ Exterior Walls __ Doors __ Windows
142142 __ Roof __ Foundation/ __ Basement __ Roof __ Foundation/ __ Basement
143143 __ Roof __ Foundation/ __ Basement
144144 Slab(s) Slab(s)
145145 Slab(s)
146146 __ Walls/Fences __ Driveways __ Sidewalks __ Walls/Fences __ Driveways __ Sidewalks
147147 __ Walls/Fences __ Driveways __ Sidewalks
148148 __ Plumbing/Sewers/ __ Electrical __ Lighting __ Plumbing/Sewers/ __ Electrical __ Lighting
149149 __ Plumbing/Sewers/ __ Electrical __ Lighting
150150 Septics Systems Fixtures Septics Systems Fixtures
151151 Septics Systems Fixtures
152152 __ Other Structural Components (Describe):_______________________
153153 ________________________________________________________________
154154 ________________________________________________________________
155155 If the answer to any of the above is yes, explain. (Attach
156156 additional sheets if necessary):________________________________
157157 ________________________________________________________________
158158 ________________________________________________________________
159159 4. Are you (Seller) aware of any of the following conditions?
160160 Write Yes (Y) if you are aware, write No (N) if you are not aware.
161161 __ Active Termites __ Previous Structural __ Active Termites __ Previous Structural
162162 __ Active Termites __ Previous Structural
163163 (includes or Roof Repair (includes or Roof Repair
164164 (includes or Roof Repair
165165 wood-destroying insects) wood-destroying insects)
166166 wood-destroying insects)
167167 __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
168168 __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
169169 Needing Repair Needing Repair
170170 Needing Repair
171171 __ Previous Termite Damage __ Asbestos Components __ Previous Termite Damage __ Asbestos Components
172172 __ Previous Termite Damage __ Asbestos Components
173173 __ Previous Termite __ Urea formaldehyde __ Previous Termite __ Urea formaldehyde
174174 __ Previous Termite __ Urea formaldehyde
175175 Treatment Insulation Treatment Insulation
176176 Treatment Insulation
177177 __ Previous Flooding __ Radon Gas __ Previous Flooding __ Radon Gas
178178 __ Previous Flooding __ Radon Gas
179179 __ Improper Drainage __ Lead Based Paint __ Improper Drainage __ Lead Based Paint
180180 __ Improper Drainage __ Lead Based Paint
181181 __ Water Penetration __ Aluminum Wiring __ Water Penetration __ Aluminum Wiring
182182 __ Water Penetration __ Aluminum Wiring
183183 __ Located in 100-Year __ Previous Fires __ Located in 100-Year __ Previous Fires
184184 __ Located in 100-Year __ Previous Fires
185185 Floodplain Floodplain
186186 Floodplain
187187 __ Present Flood Insurance __ Unplatted Easements __ Present Flood Insurance __ Unplatted Easements
188188 __ Present Flood Insurance __ Unplatted Easements
189189 Coverage Coverage
190190 Coverage
191191 __ Landfill, Settling, Soil __ Subsurface __ Landfill, Settling, Soil __ Subsurface
192192 __ Landfill, Settling, Soil __ Subsurface
193193 Movement, Fault Lines Structure or Pits Movement, Fault Lines Structure or Pits
194194 Movement, Fault Lines Structure or Pits
195195 __ Single Blockable Main __ Previous Use of Premises __ Single Blockable Main __ Previous Use of Premises
196196 __ Single Blockable Main __ Previous Use of Premises
197197 Drain in Pool/Hot for Manufacture of Drain in Pool/Hot for Manufacture of
198198 Drain in Pool/Hot for Manufacture of
199199 Tub/Spa* Methamphetamine Tub/Spa* Methamphetamine
200200 Tub/Spa* Methamphetamine
201201 If the answer to any of the above is yes, explain. (Attach
202202 additional sheets if necessary):________________________________
203203 ________________________________________________________________
204204 ________________________________________________________________
205205 *A single blockable main drain may cause a suction entrapment
206206 hazard for an individual.
207207 5. Are you (Seller) aware of any item, equipment, or system in or
208208 on the property that is in need of repair? __ Yes (if you are
209209 aware) __ No (if you are not aware). If yes, explain (attach
210210 additional sheets as necessary).
211211 _________________________________
212212 6. Are you (Seller) aware of any of the following?
213213 Write Yes (Y) if you are aware, write No (N) if you are not aware.
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 __ Homeowners' Association or maintenance fees or assessments. __ Homeowners' Association or maintenance fees or assessments.
217217 __ Homeowners' Association or maintenance fees or assessments.
218218 __ 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.
219219 __ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
220220 __ 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.
221221 __ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
222222 __ Any lawsuits directly or indirectly affecting the Property. __ Any lawsuits directly or indirectly affecting the Property.
223223 __ Any lawsuits directly or indirectly affecting the Property.
224224 __ 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.
225225 __ Any condition on the Property which materially affects the physical health or safety of an individual.
226226 __ 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.
227227 __ 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.
228228 __ Any portion of the property that is located in a groundwater conservation district or a subsidence district. __ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
229229 __ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
230230 __ Any portion of the property that is located within one mile of the boundary of a municipal solid waste facility that requires a permit or registration issued by the Texas Commission on Environmental Quality. __ Any portion of the property that is located within one mile of the boundary of a municipal solid waste facility that requires a permit or registration issued by the Texas Commission on Environmental Quality.
231231 __ Any portion of the property that is located within one mile of the boundary of a municipal solid waste facility that requires a permit or registration issued by the Texas Commission on Environmental Quality.
232232 If the answer to any of the above is yes, explain. (Attach
233233 additional sheets if necessary): ______________________________
234234 ________________________________________________________________
235235 ________________________________________________________________
236236 7. If the property is located in a coastal area that is seaward of
237237 the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
238238 tide bordering the Gulf of Mexico, the property may be subject to
239239 the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,
240240 Natural Resources Code, respectively) and a beachfront
241241 construction certificate or dune protection permit may be required
242242 for repairs or improvements. Contact the local government with
243243 ordinance authority over construction adjacent to public beaches
244244 for more information.
245245 8. This property may be located near a military installation and
246246 may be affected by high noise or air installation compatible use
247247 zones or other operations. Information relating to high noise and
248248 compatible use zones is available in the most recent Air
249249 Installation Compatible Use Zone Study or Joint Land Use Study
250250 prepared for a military installation and may be accessed on the
251251 Internet website of the military installation and of the county and
252252 any municipality in which the military installation is located.
253253 _______________ ________________________________________
254254 Date Signature of Seller
255255 The undersigned purchaser hereby acknowledges receipt of the
256256 foregoing notice.
257257 _______________ ________________________________________
258258 Date Signature of Purchaser
259259 SECTION 2. Section 5.008(b), Property Code, as amended by
260260 this Act, applies only to a transfer of property that occurs on or
261261 after the effective date of this Act. A transfer of property that
262262 occurs before the effective date of this Act is governed by the law
263263 applicable to the transfer immediately before that date, and the
264264 former law is continued in effect for that purpose. For the
265265 purposes of this section, a transfer of property occurs before the
266266 effective date of this Act if the contract binding the purchaser to
267267 purchase the property is executed before that date.
268268 SECTION 3. This Act takes effect September 1, 2019.
269269
270270
271271
272272 __ Range __ Oven __ Microwave
273273
274274 __ Dishwasher __ Trash Compactor __ Disposal
275275
276276 __ Washer/Dryer __ Window __ Rain Gutters
277277
278278 Hookups Screens
279279
280280 __ Security __ Fire Detection __ Intercom
281281
282282 System Equipment System
283283
284284 __ Smoke Detector
285285
286286 __ Smoke Detector -
287287
288288 Hearing Impaired
289289
290290 __ Carbon Monoxide
291291
292292 Alarm
293293
294294 __ Emergency Escape
295295
296296 Ladder(s)
297297
298298 __ TV Antenna __ Cable TV __ Satellite
299299
300300 Wiring Dish
301301
302302 __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
303303
304304 Fan(s)
305305
306306 __ Central A/C __ Central Heating __ Wall/Window
307307
308308 Air
309309
310310 Conditioning
311311
312312 __ Plumbing System __ Septic System __ Public Sewer
313313
314314 System
315315
316316 __ Patio/Decking __ Outdoor Grill __ Fences
317317
318318 __ Pool __ Sauna __ Spa
319319
320320 __ Hot Tub
321321
322322 __ Pool Equipment __ Pool Heater __ Automatic Lawn
323323
324324 Sprinkler
325325
326326 System
327327
328328 __ Fireplace(s) & __ Fireplace(s) &
329329
330330 Chimney Chimney
331331
332332 (Woodburning) (Mock)
333333
334334 __ Natural Gas Lines __ Gas Fixtures
335335
336336 __ Liquid Propane Gas: __ LP Community __ LP on Property
337337
338338 (Captive)
339339
340340 Garage: __ Attached __ Not Attached __ Carport
341341
342342 Garage Door Opener(s): __ Electronic __ Control(s)
343343
344344 Water Heater: __ Gas __ Electric
345345
346346 Water Supply: __ City __ Well __ MUD __ Co-op
347347
348348
349349
350350 __ Interior Walls __ Ceilings __ Floors
351351
352352 __ Exterior Walls __ Doors __ Windows
353353
354354 __ Roof __ Foundation/ __ Basement
355355
356356 Slab(s)
357357
358358 __ Walls/Fences __ Driveways __ Sidewalks
359359
360360 __ Plumbing/Sewers/ __ Electrical __ Lighting
361361
362362 Septics Systems Fixtures
363363
364364
365365
366366 __ Active Termites __ Previous Structural
367367
368368 (includes or Roof Repair
369369
370370 wood-destroying insects)
371371
372372 __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
373373
374374 Needing Repair
375375
376376 __ Previous Termite Damage __ Asbestos Components
377377
378378 __ Previous Termite __ Urea formaldehyde
379379
380380 Treatment Insulation
381381
382382 __ Previous Flooding __ Radon Gas
383383
384384 __ Improper Drainage __ Lead Based Paint
385385
386386 __ Water Penetration __ Aluminum Wiring
387387
388388 __ Located in 100-Year __ Previous Fires
389389
390390 Floodplain
391391
392392 __ Present Flood Insurance __ Unplatted Easements
393393
394394 Coverage
395395
396396 __ Landfill, Settling, Soil __ Subsurface
397397
398398 Movement, Fault Lines Structure or Pits
399399
400400 __ Single Blockable Main __ Previous Use of Premises
401401
402402 Drain in Pool/Hot for Manufacture of
403403
404404 Tub/Spa* Methamphetamine
405405
406406
407407
408408 __ 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.
409409
410410 __ Homeowners' Association or maintenance fees or assessments.
411411
412412 __ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
413413
414414 __ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
415415
416416 __ Any lawsuits directly or indirectly affecting the Property.
417417
418418 __ Any condition on the Property which materially affects the physical health or safety of an individual.
419419
420420 __ 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.
421421
422422 __ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
423423
424424 __ Any portion of the property that is located within one mile of the boundary of a municipal solid waste facility that requires a permit or registration issued by the Texas Commission on Environmental Quality.