Texas House Bill HB1719

Texas 2021 - 87th Regular

Caption

Relating to a potential erosion notice to purchasers of real property in a commercial or residential development in certain counties.

Impact

The bill aims to amend the Property Code by instituting a specific notice requirement that directly addresses erosion risks associated with properties near water sources. If the required notice is not provided prior to the execution of a purchase contract, the purchaser has the right to terminate the contract. This adds a layer of consumer protection and can help in making informed decisions when purchasing properties that might be susceptible to environmental hazards.

Summary

House Bill 1719 introduces a requirement for sellers of real property intended for commercial or residential use in certain counties to provide written notice to potential buyers regarding the risks of erosion. Specifically, the bill applies to properties located within 500 feet of a river or a water impoundment in counties with a population of 585,000 or more that are adjacent to counties with populations of four million or more. The intention behind this legislation is to increase transparency and protect purchasers by ensuring they are aware of the potential erosion risks that could damage the property they are intending to buy.

Sentiment

The sentiment surrounding HB1719 appears largely positive, with broad support in the legislature. The bill was passed with unanimous support, as indicated by the voting summary where it received 143 votes in favor and none against. This demonstrates a collective acknowledgment of the importance of real estate disclosures, especially in light of environmental concerns that could affect property values and safety.

Contention

While the bill seems to have support, it may face ongoing scrutiny regarding how effectively it addresses the nuances of property sales and land use in varying locales. Questions might arise about the practicality of enforcing these disclosures and whether they sufficiently protect consumers without imposing excessive burdens on real estate sellers. Nevertheless, the overarching goal is to mitigate risks associated with erosion, thereby fostering a more informed purchasing process.