S.B. No. 339
AN ACT
relating to a seller's disclosure notice for residential property
regarding floodplains, flood pools, floodways, or reservoirs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 __ Range __ Oven __ Microwave
__ Range __ Oven __ Microwave
__ Dishwasher __ Trash Compactor __ Disposal __ Dishwasher __ Trash Compactor __ Disposal
__ Dishwasher __ Trash Compactor __ Disposal
__ Washer/Dryer __ Window __ Rain Gutters __ Washer/Dryer __ Window __ Rain Gutters
__ Washer/Dryer __ Window __ Rain Gutters
Hookups Screens Hookups Screens
Hookups Screens
__ Security __ Fire Detection __ Intercom __ Security __ Fire Detection __ Intercom
__ Security __ Fire Detection __ Intercom
System Equipment System System Equipment System
System Equipment System
__ Smoke Detector __ Smoke Detector
__ Smoke Detector
__ Smoke Detector - __ Smoke Detector -
__ Smoke Detector -
Hearing Impaired Hearing Impaired
Hearing Impaired
__ Carbon Monoxide __ Carbon Monoxide
__ Carbon Monoxide
Alarm Alarm
Alarm
__ Emergency Escape __ Emergency Escape
__ Emergency Escape
Ladder(s) Ladder(s)
Ladder(s)
__ TV Antenna __ Cable TV __ Satellite __ TV Antenna __ Cable TV __ Satellite
__ TV Antenna __ Cable TV __ Satellite
Wiring Dish Wiring Dish
Wiring Dish
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
Fan(s) Fan(s)
Fan(s)
__ Central A/C __ Central Heating __ Wall/Window __ Central A/C __ Central Heating __ Wall/Window
__ Central A/C __ Central Heating __ Wall/Window
Air Air
Air
Conditioning Conditioning
Conditioning
__ Plumbing System __ Septic System __ Public Sewer __ Plumbing System __ Septic System __ Public Sewer
__ Plumbing System __ Septic System __ Public Sewer
System System
System
__ Patio/Decking __ Outdoor Grill __ Fences __ Patio/Decking __ Outdoor Grill __ Fences
__ Patio/Decking __ Outdoor Grill __ Fences
__ Pool __ Sauna __ Spa __ Pool __ Sauna __ Spa
__ Pool __ Sauna __ Spa
__ Hot Tub __ Hot Tub
__ Hot Tub
__ Pool Equipment __ Pool Heater __ Automatic Lawn __ Pool Equipment __ Pool Heater __ Automatic Lawn
__ Pool Equipment __ Pool Heater __ Automatic Lawn
Sprinkler Sprinkler
Sprinkler
System System
System
__ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) &
__ Fireplace(s) & __ Fireplace(s) &
Chimney Chimney Chimney Chimney
Chimney Chimney
(Woodburning) (Mock) (Woodburning) (Mock)
(Woodburning) (Mock)
__ Natural Gas Lines __ Gas Fixtures __ 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
__ Liquid Propane Gas: __ LP Community __ LP on Property
(Captive) (Captive)
(Captive)
Garage: __ Attached __ Not Attached __ Carport Garage: __ Attached __ Not Attached __ Carport
Garage: __ Attached __ Not Attached __ Carport
Garage Door Opener(s): __ Electronic __ Control(s) Garage Door Opener(s): __ Electronic __ Control(s)
Garage Door Opener(s): __ Electronic __ Control(s)
Water Heater: __ Gas __ Electric Water Heater: __ Gas __ Electric
Water Heater: __ Gas __ Electric
Water Supply: __ City __ Well __ MUD __ Co-op 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 __ Interior Walls __ Ceilings __ Floors
__ Interior Walls __ Ceilings __ Floors
__ Exterior Walls __ Doors __ Windows __ Exterior Walls __ Doors __ Windows
__ Exterior Walls __ Doors __ Windows
__ Roof __ Foundation/ __ Basement __ Roof __ Foundation/ __ Basement
__ Roof __ Foundation/ __ Basement
Slab(s) Slab(s)
Slab(s)
__ Walls/Fences __ Driveways __ Sidewalks __ Walls/Fences __ Driveways __ Sidewalks
__ Walls/Fences __ Driveways __ Sidewalks
__ Plumbing/Sewers/ __ Electrical __ Lighting __ Plumbing/Sewers/ __ Electrical __ Lighting
__ Plumbing/Sewers/ __ Electrical __ Lighting
Septics Systems Fixtures 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 __ Active Termites __ Previous Structural
__ Active Termites __ Previous Structural
(includes or Roof Repair (includes or Roof Repair
(includes or Roof Repair
wood-destroying insects) wood-destroying insects)
wood-destroying insects)
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
Needing Repair Needing Repair
Needing Repair
__ Previous Termite Damage __ Asbestos Components __ Previous Termite Damage __ Asbestos Components
__ Previous Termite Damage __ Asbestos Components
__ Previous Termite __ Urea formaldehyde __ Previous Termite __ Urea formaldehyde
__ Previous Termite __ Urea formaldehyde
Treatment Insulation Treatment Insulation
Treatment Insulation
[__ Previous Flooding] __ Radon Gas [__ Previous Flooding] __ Radon Gas
[__ Previous Flooding] __ Radon Gas
__ Improper Drainage __ Lead Based Paint __ Improper Drainage __ Lead Based Paint
__ Improper Drainage __ Lead Based Paint
__ Water Damage Not Due to a __ Aluminum Wiring __ Water Damage Not Due to a __ Aluminum Wiring
__ Water Damage Not Due to a __ Aluminum Wiring
Flood Event [Penetration] Flood Event [Penetration]
Flood Event [Penetration]
[__ Located in 100-Year __ Previous Fires [__ Located in 100-Year __ Previous Fires
[__ Located in 100-Year __ Previous Fires
Floodplain] Floodplain]
Floodplain]
[__ Present Flood Insurance __ Unplatted Easements [__ Present Flood Insurance __ Unplatted Easements
[__ Present Flood Insurance __ Unplatted Easements
Coverage] Coverage]
Coverage]
__ Landfill, Settling, Soil __ Subsurface __ Landfill, Settling, Soil __ Subsurface
__ Landfill, Settling, Soil __ Subsurface
Movement, Fault Lines Structure or Pits 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
__ Single Blockable Main __ Previous Use of Premises
Drain in Pool/Hot for Manufacture of Drain in Pool/Hot for Manufacture of
Drain in Pool/Hot for Manufacture of
Tub/Spa* Methamphetamine 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 conditions?*
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Present flood insurance coverage
__ Previous flooding due to a failure or breach of a reservoir or a
controlled or emergency release of water from a reservoir
__ Previous water penetration into a structure on the property due
to a natural flood event
Write Yes (Y) if you are aware and check wholly or partly as
applicable, write No (N) if you are not aware.
__ Located ( ) wholly ( ) partly in a 100-year floodplain
(Special Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR)
__ Located ( ) wholly ( ) partly in a 500-year floodplain
(Moderate Flood Hazard Area-Zone X (shaded))
__ Located ( ) wholly ( ) partly in a floodway
__ Located ( ) wholly ( ) partly in a flood pool
__ Located ( ) wholly ( ) partly in a reservoir
If the answer to any of the above is yes, explain (attach additional
sheets as necessary):
*For purposes of this notice:
"100-year floodplain" means any area of land that:
(A) is identified on the flood insurance rate map as a
special flood hazard area, which is designated as Zone A, V, A99,
AE, AO, AH, VE, or AR on the map;
(B) has a one percent annual chance of flooding, which
is considered to be a high risk of flooding; and
(C) may include a regulatory floodway, flood pool, or
reservoir.
"500-year floodplain" means any area of land that:
(A) is identified on the flood insurance rate map as a
moderate flood hazard area, which is designated on the map as Zone X
(shaded); and
(B) has a two-tenths of one percent annual chance of
flooding, which is considered to be a moderate risk of flooding.
"Flood pool" means the area adjacent to a reservoir that lies
above the normal maximum operating level of the reservoir and that
is subject to controlled inundation under the management of the
United States Army Corps of Engineers.
"Flood insurance rate map" means the most recent flood hazard
map published by the Federal Emergency Management Agency under the
National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et
seq.).
"Floodway" means an area that is identified on the flood
insurance rate map as a regulatory floodway, which includes the
channel of a river or other watercourse and the adjacent land areas
that must be reserved for the discharge of a base flood, also
referred to as a 100-year flood, without cumulatively increasing
the water surface elevation more than a designated height.
"Reservoir" means a water impoundment project operated by the
United States Army Corps of Engineers that is intended to retain
water or delay the runoff of water in a designated surface area of
land.
7. Have you (Seller) ever filed a claim for flood damage to the
property with any insurance provider, including the National Flood
Insurance Program (NFIP)?* __ Yes __ No. If yes, explain (attach
additional sheets as necessary):
*Homes in high risk flood zones with mortgages from federally
regulated or insured lenders are required to have flood insurance.
Even when not required, the Federal Emergency Management Agency
(FEMA) encourages homeowners in high risk, moderate risk, and low
risk flood zones to purchase flood insurance that covers the
structure(s) and the personal property within the structure(s).
8. Have you (Seller) ever received assistance from FEMA or the
U.S. Small Business Administration (SBA) for flood damage to the
property? __ Yes __ No. If yes, explain (attach additional sheets
as necessary):
9. Are you (Seller) aware of any of the following?
Write Yes (Y) if you are 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. __ 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.
__ 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 "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 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 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 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.
__ 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 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.
__ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary): ______________________________
________________________________________________________________
________________________________________________________________
10 [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.
11 [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 2. Section 5.008, Property Code, as amended by this
Act, applies only to a contract for the sale of real property
entered into on or after the effective date of this Act. A contract
entered into before the effective date of this Act is governed by
the law in effect on the date the contract was entered into, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 339 passed the Senate on
April 24, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 339 passed the House on
May 22, 2019, by the following vote: Yeas 129, Nays 15,
two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor
__ 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
__ Interior Walls __ Ceilings __ Floors
__ Exterior Walls __ Doors __ Windows
__ Roof __ Foundation/ __ Basement
Slab(s)
__ Walls/Fences __ Driveways __ Sidewalks
__ Plumbing/Sewers/ __ Electrical __ Lighting
Septics Systems Fixtures
__ 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 Damage Not Due to a __ Aluminum Wiring
Flood Event [Penetration]
[__ 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
__ 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.
__ Any portion of the property that is located in a groundwater conservation district or a subsidence district.