Texas 2021 - 87th Regular

Texas Senate Bill SB765 Compare Versions

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11 87R3382 DRS-D
22 By: Huffman S.B. No. 765
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 __ Pool Equipment __ Pool Heater __ Automatic
7979 __ Pool Equipment __ Pool Heater __ Automatic
8080 Lawn Lawn
8181 Lawn
8282 Sprinkler Sprinkler
8383 Sprinkler
8484 System System
8585 System
8686 __ Fireplace(s) & __ Fireplace(s) __ Fireplace(s) & __ Fireplace(s)
8787 __ Fireplace(s) & __ Fireplace(s)
8888 Chimney & Chimney Chimney & Chimney
8989 Chimney & Chimney
9090 (Woodburning) (Mock) (Woodburning) (Mock)
9191 (Woodburning) (Mock)
9292 __ Natural Gas Lines __ Gas Fixtures __ Natural Gas Lines __ Gas Fixtures
9393 __ Natural Gas Lines __ Gas Fixtures
9494 __ Liquid Propane Gas: __ LP Community __ LP on Property __ Liquid Propane Gas: __ LP Community __ LP on Property
9595 __ Liquid Propane Gas: __ LP Community __ LP on Property
9696 (Captive) (Captive)
9797 (Captive)
9898 Garage: __ Attached __ Not Attached __ Carport Garage: __ Attached __ Not Attached __ Carport
9999 Garage: __ Attached __ Not Attached __ Carport
100100 Garage Door Opener(s): __ Electronic __ Control(s) Garage Door Opener(s): __ Electronic __ Control(s)
101101 Garage Door Opener(s): __ Electronic __ Control(s)
102102 Water Heater: __ Gas __ Electric Water Heater: __ Gas __ Electric
103103 Water Heater: __ Gas __ Electric
104104 Water Supply: __ City __ Well __ MUD __ Co-op Water Supply: __ City __ Well __ MUD __ Co-op
105105 Water Supply: __ City __ Well __ MUD __ Co-op
106106 Roof Type: ________________________________ Age: _____(approx)
107107 Are you (Seller) aware of any of the above items that are not in
108108 working condition, that have known defects, or that are in need of
109109 repair? __ Yes __ No __ Unknown.
110110 If yes, then describe. (Attach additional sheets if necessary):
111111 ________________________________________________________________
112112 ________________________________________________________________
113113 2. Does the property have working smoke detectors installed in
114114 accordance with the smoke detector requirements of Chapter 766,
115115 Health and Safety Code?* __ Yes __ No __ Unknown.
116116 If the answer to the question above is no or unknown, explain.
117117 (Attach additional sheets if necessary):
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 __ Radon Gas __ Radon Gas
178178 __ Radon Gas
179179 __ Improper Drainage __ Lead Based Paint __ Improper Drainage __ Lead Based Paint
180180 __ Improper Drainage __ Lead Based Paint
181181 __ Water Damage Not Due to a __ Aluminum Wiring __ Water Damage Not Due to a __ Aluminum Wiring
182182 __ Water Damage Not Due to a __ Aluminum Wiring
183183 Flood Event Flood Event
184184 Flood Event
185185 __ Previous Fires __ Previous Fires
186186 __ Previous Fires
187187 __ Unplatted Easements __ Unplatted Easements
188188 __ Unplatted Easements
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 conditions?*
211211 Write Yes (Y) if you are aware, write No (N) if you are not aware.
212212 __ Present flood insurance coverage
213213 __ Previous flooding due to a failure or breach of a reservoir or a
214214 controlled or emergency release of water from a reservoir
215215 __ Previous water penetration into a structure on the property due
216216 to a natural flood event
217217 Write Yes (Y) if you are aware and check wholly or partly as
218218 applicable, write No (N) if you are not aware.
219219 __ Located ( ) wholly ( ) partly in a 100-year floodplain (Special
220220 Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR)
221221 __ Located ( ) wholly ( ) partly in a 500-year floodplain
222222 (Moderate Flood Hazard Area-Zone X (shaded))
223223 __ Located ( ) wholly ( ) partly in a floodway
224224 __ Located ( ) wholly ( ) partly in a flood pool
225225 __ Located ( ) wholly ( ) partly in a reservoir
226226 If the answer to any of the above is yes, explain (attach additional
227227 sheets as necessary):
228228 * For purposes of this notice:
229229 "100-year floodplain" means any area of land that:
230230 (A) is identified on the flood insurance rate map
231231 as a special flood hazard area, which is designated as Zone A, V,
232232 A99, AE, AO, AH, VE, or AR on the map;
233233 (B) has a one percent annual chance of flooding,
234234 which is considered to be a high risk of flooding; and
235235 (C) may include a regulatory floodway, flood
236236 pool, or reservoir.
237237 "500-year floodplain" means any area of land that:
238238 (A) is identified on the flood insurance rate map
239239 as a moderate flood hazard area, which is designated on the map as
240240 Zone X (shaded); and
241241 (B) has a two-tenths of one percent annual chance
242242 of flooding, which is considered to be a moderate risk of flooding.
243243 "Flood pool" means the area adjacent to a reservoir that lies
244244 above the normal maximum operating level of the reservoir and that
245245 is subject to controlled inundation under the management of the
246246 United States Army Corps of Engineers.
247247 "Flood insurance rate map" means the most recent flood hazard
248248 map published by the Federal Emergency Management Agency under the
249249 National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et
250250 seq.).
251251 "Floodway" means an area that is identified on the flood
252252 insurance rate map as a regulatory floodway, which includes the
253253 channel of a river or other watercourse and the adjacent land areas
254254 that must be reserved for the discharge of a base flood, also
255255 referred to as a 100-year flood, without cumulatively increasing
256256 the water surface elevation more than a designated height.
257257 "Reservoir" means a water impoundment project operated by the
258258 United States Army Corps of Engineers that is intended to retain
259259 water or delay the runoff of water in a designated surface area of
260260 land.
261261 7. Have you (Seller) ever filed a claim for flood damage to the
262262 property with any insurance provider, including the National Flood
263263 Insurance Program (NFIP)?* __ Yes __ No. If yes, explain (attach
264264 additional sheets as necessary):
265265 *Homes in high risk flood zones with mortgages from federally
266266 regulated or insured lenders are required to have flood insurance.
267267 Even when not required, the Federal Emergency Management Agency
268268 (FEMA) encourages homeowners in high risk, moderate risk, and low
269269 risk flood zones to purchase flood insurance that covers the
270270 structure(s) and the personal property within the structure(s).
271271 8. Have you (Seller) ever received assistance from FEMA or the
272272 U.S. Small Business Administration (SBA) for flood damage to the
273273 property? __ Yes __ No. If yes, explain (attach additional sheets
274274 as necessary):
275275 9. Are you (Seller) aware of any of the following?
276276 Write Yes (Y) if you are aware, write No (N) if you are not aware.
277277 __ 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.
278278 __ 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.
279279 __ Homeowners' Association or maintenance fees or assessments. __ Homeowners' Association or maintenance fees or assessments.
280280 __ Homeowners' Association or maintenance fees or assessments.
281281 __ 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.
282282 __ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
283283 __ 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.
284284 __ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
285285 __ Any lawsuits directly or indirectly affecting the Property. __ Any lawsuits directly or indirectly affecting the Property.
286286 __ Any lawsuits directly or indirectly affecting the Property.
287287 __ 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.
288288 __ Any condition on the Property which materially affects the physical health or safety of an individual.
289289 __ 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.
290290 __ 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.
291291 __ 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.
292292 __ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
293293 __ 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.
294294 __ 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.
295295 If the answer to any of the above is yes, explain. (Attach
296296 additional sheets if necessary): _______________________________
297297 ________________________________________________________________
298298 ________________________________________________________________
299299 10. If the property is located in a coastal area that is seaward of
300300 the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
301301 tide bordering the Gulf of Mexico, the property may be subject to
302302 the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,
303303 Natural Resources Code, respectively) and a beachfront
304304 construction certificate or dune protection permit may be required
305305 for repairs or improvements. Contact the local government with
306306 ordinance authority over construction adjacent to public beaches
307307 for more information.
308308 11. This property may be located near a military installation and
309309 may be affected by high noise or air installation compatible use
310310 zones or other operations. Information relating to high noise and
311311 compatible use zones is available in the most recent Air
312312 Installation Compatible Use Zone Study or Joint Land Use Study
313313 prepared for a military installation and may be accessed on the
314314 Internet website of the military installation and of the county and
315315 any municipality in which the military installation is located.
316316 _______________ ________________________________________
317317 Date Signature of Seller
318318 The undersigned purchaser hereby acknowledges receipt of the
319319 foregoing notice.
320320 _______________ ________________________________________
321321 Date Signature of Purchaser
322322 SECTION 2. Section 5.008(b), Property Code, as amended by
323323 this Act, applies only to a transfer of property that occurs on or
324324 after the effective date of this Act. A transfer of property that
325325 occurs before the effective date of this Act is governed by the law
326326 applicable to the transfer immediately before that date, and the
327327 former law is continued in effect for that purpose. For the
328328 purposes of this section, a transfer of property occurs before the
329329 effective date of this Act if the contract binding the purchaser to
330330 purchase the property is executed before that date.
331331 SECTION 3. This Act takes effect September 1, 2021.
332332
333333
334334
335335 __ Range __ Oven __ Microwave
336336
337337 __ Dishwasher __ Trash Compactor __ Disposal
338338
339339 __ Washer/Dryer __ Window __ Rain Gutters
340340
341341 Hookups Screens
342342
343343 __ Security __ Fire Detection __ Intercom
344344
345345 System Equipment System
346346
347347 __ Smoke Detector
348348
349349 __ Smoke Detector -
350350
351351 Hearing Impaired
352352
353353 __ Carbon Monoxide
354354
355355 Alarm
356356
357357 __ Emergency Escape
358358
359359 Ladder(s)
360360
361361 __ TV Antenna __ Cable TV __ Satellite
362362
363363 Wiring Dish
364364
365365 __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
366366
367367 Fan(s)
368368
369369 __ Central A/C __ Central Heating __ Wall/Window
370370
371371 Air
372372
373373 Conditioning
374374
375375 __ Plumbing System __ Septic System __ Public Sewer
376376
377377 System
378378
379379 __ Patio/Decking __ Outdoor Grill __ Fences
380380
381381 __ Pool __ Sauna __ Spa
382382
383383 __ Hot Tub
384384
385385 __ Pool Equipment __ Pool Heater __ Automatic
386386
387387 Lawn
388388
389389 Sprinkler
390390
391391 System
392392
393393 __ Fireplace(s) & __ Fireplace(s)
394394
395395 Chimney & Chimney
396396
397397 (Woodburning) (Mock)
398398
399399 __ Natural Gas Lines __ Gas Fixtures
400400
401401 __ Liquid Propane Gas: __ LP Community __ LP on Property
402402
403403 (Captive)
404404
405405 Garage: __ Attached __ Not Attached __ Carport
406406
407407 Garage Door Opener(s): __ Electronic __ Control(s)
408408
409409 Water Heater: __ Gas __ Electric
410410
411411 Water Supply: __ City __ Well __ MUD __ Co-op
412412
413413
414414
415415 __ Interior Walls __ Ceilings __ Floors
416416
417417 __ Exterior Walls __ Doors __ Windows
418418
419419 __ Roof __ Foundation/ __ Basement
420420
421421 Slab(s)
422422
423423 __ Walls/Fences __ Driveways __ Sidewalks
424424
425425 __ Plumbing/Sewers/ __ Electrical __ Lighting
426426
427427 Septics Systems Fixtures
428428
429429
430430
431431 __ Active Termites __ Previous Structural
432432
433433 (includes or Roof Repair
434434
435435 wood-destroying insects)
436436
437437 __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
438438
439439 Needing Repair
440440
441441 __ Previous Termite Damage __ Asbestos Components
442442
443443 __ Previous Termite __ Urea formaldehyde
444444
445445 Treatment Insulation
446446
447447 __ Radon Gas
448448
449449 __ Improper Drainage __ Lead Based Paint
450450
451451 __ Water Damage Not Due to a __ Aluminum Wiring
452452
453453 Flood Event
454454
455455 __ Previous Fires
456456
457457 __ Unplatted Easements
458458
459459 __ Landfill, Settling, Soil __ Subsurface
460460
461461 Movement, Fault Lines Structure or Pits
462462
463463 __ Single Blockable Main __ Previous Use of Premises
464464
465465 Drain in Pool/Hot for Manufacture of
466466
467467 Tub/Spa* Methamphetamine
468468
469469
470470
471471 __ 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.
472472
473473 __ Homeowners' Association or maintenance fees or assessments.
474474
475475 __ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
476476
477477 __ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
478478
479479 __ Any lawsuits directly or indirectly affecting the Property.
480480
481481 __ Any condition on the Property which materially affects the physical health or safety of an individual.
482482
483483 __ 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.
484484
485485 __ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
486486
487487 __ 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.