Texas 2023 - 88th Regular

Texas House Bill HB1256 Compare Versions

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11 88R3776 DRS-D
22 By: Holland H.B. No. 1256
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to seller's disclosure notice concerning special
88 districts in which residential real property is located.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 5.008(b), Property Code, is amended to
1111 read as follows:
1212 (b) The notice must be executed and must, at a minimum, read
1313 substantially similar to the following:
1414 SELLER'S DISCLOSURE NOTICE
1515 CONCERNING THE PROPERTY AT ___________________________________
1616 (Street Address and City)
1717 THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
1818 THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
1919 SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
2020 WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
2121 A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
2222 Seller __ is __ is not occupying the Property.
2323 If unoccupied, how long since Seller has occupied the Property?
2424 ________________________________________________________________
2525 1. The Property has the items checked below:
2626 Write Yes (Y), No (N), or Unknown (U).
2727 __ Range __ Oven __ Microwave __ Range __ Oven __ Microwave
2828 __ Range __ Oven __ Microwave
2929 __ Dishwasher __ Trash Compactor __ Disposal __ Dishwasher __ Trash Compactor __ Disposal
3030 __ Dishwasher __ Trash Compactor __ Disposal
3131 __ Washer/Dryer __ Window __ Rain Gutters __ Washer/Dryer __ Window __ Rain Gutters
3232 __ Washer/Dryer __ Window __ Rain Gutters
3333 Hookups Screens Hookups Screens
3434 Hookups Screens
3535 __ Security __ Fire Detection __ Intercom __ Security __ Fire Detection __ Intercom
3636 __ Security __ Fire Detection __ Intercom
3737 System Equipment System System Equipment System
3838 System Equipment System
3939 __ Smoke Detector __ Smoke Detector
4040 __ Smoke Detector
4141 __ Smoke Detector - __ Smoke Detector -
4242 __ Smoke Detector -
4343 Hearing Impaired Hearing Impaired
4444 Hearing Impaired
4545 __ Carbon Monoxide __ Carbon Monoxide
4646 __ Carbon Monoxide
4747 Alarm Alarm
4848 Alarm
4949 __ Emergency Escape __ Emergency Escape
5050 __ Emergency Escape
5151 Ladder(s) Ladder(s)
5252 Ladder(s)
5353 __ TV Antenna __ Cable TV __ Satellite __ TV Antenna __ Cable TV __ Satellite
5454 __ TV Antenna __ Cable TV __ Satellite
5555 Wiring Dish Wiring Dish
5656 Wiring Dish
5757 __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
5858 __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
5959 Fan(s) Fan(s)
6060 Fan(s)
6161 __ Central A/C __ Central Heating __ Wall/Window __ Central A/C __ Central Heating __ Wall/Window
6262 __ Central A/C __ Central Heating __ Wall/Window
6363 Air Air
6464 Air
6565 Conditioning Conditioning
6666 Conditioning
6767 __ Plumbing System __ Septic System __ Public Sewer __ Plumbing System __ Septic System __ Public Sewer
6868 __ Plumbing System __ Septic System __ Public Sewer
6969 System System
7070 System
7171 __ Patio/Decking __ Outdoor Grill __ Fences __ Patio/Decking __ Outdoor Grill __ Fences
7272 __ Patio/Decking __ Outdoor Grill __ Fences
7373 __ Pool __ Sauna __ Spa __ Pool __ Sauna __ Spa
7474 __ Pool __ Sauna __ Spa
7575 __ Hot Tub __ Hot Tub
7676 __ Hot Tub
7777 __ Pool Equipment __ Pool Heater __ Automatic Lawn __ Pool Equipment __ Pool Heater __ Automatic Lawn
7878 __ Pool Equipment __ Pool Heater __ Automatic Lawn
7979 Sprinkler Sprinkler
8080 Sprinkler
8181 System System
8282 System
8383 __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) &
8484 __ Fireplace(s) & __ Fireplace(s) &
8585 Chimney Chimney Chimney Chimney
8686 Chimney Chimney
8787 (Woodburning) (Mock) (Woodburning) (Mock)
8888 (Woodburning) (Mock)
8989 __ Natural Gas Lines __ Gas Fixtures __ Natural Gas Lines __ Gas Fixtures
9090 __ Natural Gas Lines __ Gas Fixtures
9191 __ Liquid Propane Gas: __ LP Community __ LP on Property __ Liquid Propane Gas: __ LP Community __ LP on Property
9292 __ Liquid Propane Gas: __ LP Community __ LP on Property
9393 (Captive) (Captive)
9494 (Captive)
9595 Garage: __ Attached __ Not Attached __ Carport Garage: __ Attached __ Not Attached __ Carport
9696 Garage: __ Attached __ Not Attached __ Carport
9797 Garage Door Opener(s): __ Electronic __ Control(s) Garage Door Opener(s): __ Electronic __ Control(s)
9898 Garage Door Opener(s): __ Electronic __ Control(s)
9999 Water Heater: __ Gas __ Electric Water Heater: __ Gas __ Electric
100100 Water Heater: __ Gas __ Electric
101101 Water Supply: __ City __ Well __ MUD __ Co-op Water Supply: __ City __ Well __ MUD __ Co-op
102102 Water Supply: __ City __ Well __ MUD __ Co-op
103103 Roof Type: ________________________________ Age: _____(approx)
104104 Are you (Seller) aware of any of the above items that are not in
105105 working condition, that have known defects, or that are in need of
106106 repair? __ Yes __ No __ Unknown.
107107 If yes, then describe. (Attach additional sheets if necessary):
108108 ________________________________________________________________
109109 ________________________________________________________________
110110 2. Does the property have working smoke detectors installed in
111111 accordance with the smoke detector requirements of Chapter 766,
112112 Health and Safety Code?* __ Yes __ No __ Unknown.
113113 If the answer to the question above is no or unknown,
114114 explain. (Attach additional sheets if necessary):
115115 *Chapter 766 of the Health and Safety Code requires
116116 one-family or two-family dwellings to have working smoke detectors
117117 installed in accordance with the requirements of the building code
118118 in effect in the area in which the dwelling is located, including
119119 performance, location, and power source requirements. If you do
120120 not know the building code requirements in effect in your area, you
121121 may check unknown above or contact your local building official for
122122 more information. A buyer may require a seller to install smoke
123123 detectors for the hearing impaired if: (1) the buyer or a member of
124124 the buyer's family who will reside in the dwelling is hearing
125125 impaired; (2) the buyer gives the seller written evidence of the
126126 hearing impairment from a licensed physician; and (3) within 10
127127 days after the effective date, the buyer makes a written request for
128128 the seller to install smoke detectors for the hearing impaired and
129129 specifies the locations for installation. The parties may agree
130130 who will bear the cost of installing the smoke detectors and which
131131 brand of smoke detectors to install.
132132 3. Are you (Seller) aware of any known defects/malfunctions in any
133133 of the following?
134134 Write Yes (Y) if you are aware, write No (N) if you are not aware.
135135 __ Interior Walls __ Ceilings __ Floors __ Interior Walls __ Ceilings __ Floors
136136 __ Interior Walls __ Ceilings __ Floors
137137 __ Exterior Walls __ Doors __ Windows __ Exterior Walls __ Doors __ Windows
138138 __ Exterior Walls __ Doors __ Windows
139139 __ Roof __ Foundation/ __ Basement __ Roof __ Foundation/ __ Basement
140140 __ Roof __ Foundation/ __ Basement
141141 Slab(s) Slab(s)
142142 Slab(s)
143143 __ Walls/Fences __ Driveways __ Sidewalks __ Walls/Fences __ Driveways __ Sidewalks
144144 __ Walls/Fences __ Driveways __ Sidewalks
145145 __ Plumbing/Sewers/ __ Electrical __ Lighting __ Plumbing/Sewers/ __ Electrical __ Lighting
146146 __ Plumbing/Sewers/ __ Electrical __ Lighting
147147 Septics Systems Fixtures Septics Systems Fixtures
148148 Septics Systems Fixtures
149149 __ Other Structural Components (Describe):_______________________
150150 ________________________________________________________________
151151 ________________________________________________________________
152152 If the answer to any of the above is yes, explain. (Attach
153153 additional sheets if necessary):________________________________
154154 ________________________________________________________________
155155 ________________________________________________________________
156156 4. Are you (Seller) aware of any of the following conditions?
157157 Write Yes (Y) if you are aware, write No (N) if you are not aware.
158158 __ Active Termites __ Previous Structural __ Active Termites __ Previous Structural
159159 __ Active Termites __ Previous Structural
160160 (includes or Roof Repair (includes or Roof Repair
161161 (includes or Roof Repair
162162 wood-destroying insects) wood-destroying insects)
163163 wood-destroying insects)
164164 __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
165165 __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
166166 Needing Repair Needing Repair
167167 Needing Repair
168168 __ Previous Termite Damage __ Asbestos Components __ Previous Termite Damage __ Asbestos Components
169169 __ Previous Termite Damage __ Asbestos Components
170170 __ Previous Termite __ Urea formaldehyde __ Previous Termite __ Urea formaldehyde
171171 __ Previous Termite __ Urea formaldehyde
172172 Treatment Insulation Treatment Insulation
173173 Treatment Insulation
174174 __ Radon Gas __ Radon Gas
175175 __ Radon Gas
176176 __ Improper Drainage __ Lead Based Paint __ Improper Drainage __ Lead Based Paint
177177 __ Improper Drainage __ Lead Based Paint
178178 __ Water Damage Not Due to a __ Aluminum Wiring __ Water Damage Not Due to a __ Aluminum Wiring
179179 __ Water Damage Not Due to a __ Aluminum Wiring
180180 Flood Event Flood Event
181181 Flood Event
182182 __ Previous Fires __ Previous Fires
183183 __ Previous Fires
184184 __ Unplatted Easements __ Unplatted Easements
185185 __ Unplatted Easements
186186 __ Landfill, Settling, Soil __ Subsurface __ Landfill, Settling, Soil __ Subsurface
187187 __ Landfill, Settling, Soil __ Subsurface
188188 Movement, Fault Lines Structure or Pits Movement, Fault Lines Structure or Pits
189189 Movement, Fault Lines Structure or Pits
190190 __ Single Blockable Main __ Previous Use of Premises __ Single Blockable Main __ Previous Use of Premises
191191 __ Single Blockable Main __ Previous Use of Premises
192192 Drain in Pool/Hot for Manufacture of Drain in Pool/Hot for Manufacture of
193193 Drain in Pool/Hot for Manufacture of
194194 Tub/Spa* Methamphetamine Tub/Spa* Methamphetamine
195195 Tub/Spa* Methamphetamine
196196 If the answer to any of the above is yes, explain. (Attach
197197 additional sheets if necessary):________________________________
198198 ________________________________________________________________
199199 ________________________________________________________________
200200 *A single blockable main drain may cause a suction entrapment
201201 hazard for an individual.
202202 5. Are you (Seller) aware of any item, equipment, or system in or
203203 on the property that is in need of repair? __ Yes (if you are
204204 aware) __ No (if you are not aware). If yes, explain (attach
205205 additional sheets as necessary).
206206 _________________________________
207207 6. Are you (Seller) aware of any of the following conditions?*
208208 Write Yes (Y) if you are aware, write No (N) if you are not aware.
209209 __ Present flood insurance coverage
210210 __ Previous flooding due to a failure or breach of a reservoir or a
211211 controlled or emergency release of water from a reservoir
212212 __ Previous water penetration into a structure on the property due
213213 to a natural flood event
214214 Write Yes (Y) if you are aware and check wholly or partly as
215215 applicable, write No (N) if you are not aware.
216216 __ Located ( ) wholly ( ) partly in a 100-year floodplain (Special
217217 Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR)
218218 __ Located ( ) wholly ( ) partly in a 500-year floodplain (Moderate
219219 Flood Hazard Area-Zone X (shaded))
220220 __ Located ( ) wholly ( ) partly in a floodway
221221 __ Located ( ) wholly ( ) partly in a flood pool
222222 __ Located ( ) wholly ( ) partly in a reservoir
223223 If the answer to any of the above is yes, explain (attach additional
224224 sheets as necessary):
225225 * For purposes of this notice:
226226 "100-year floodplain" means any area of land that:
227227 (A) is identified on the flood insurance rate map as a
228228 special flood hazard area, which is designated as Zone A, V, A99,
229229 AE, AO, AH, VE, or AR on the map;
230230 (B) has a one percent annual chance of flooding, which
231231 is considered to be a high risk of flooding; and
232232 (C) may include a regulatory floodway, flood pool, or
233233 reservoir.
234234 "500-year floodplain" means any area of land that:
235235 (A) is identified on the flood insurance rate map as a
236236 moderate flood hazard area, which is designated on the map as Zone X
237237 (shaded); and
238238 (B) has a two-tenths of one percent annual chance of
239239 flooding, which is considered to be a moderate risk of flooding.
240240 "Flood pool" means the area adjacent to a reservoir that lies
241241 above the normal maximum operating level of the reservoir and that
242242 is subject to controlled inundation under the management of the
243243 United States Army Corps of Engineers.
244244 "Flood insurance rate map" means the most recent flood hazard
245245 map published by the Federal Emergency Management Agency under the
246246 National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et
247247 seq.).
248248 "Floodway" means an area that is identified on the flood
249249 insurance rate map as a regulatory floodway, which includes the
250250 channel of a river or other watercourse and the adjacent land areas
251251 that must be reserved for the discharge of a base flood, also
252252 referred to as a 100-year flood, without cumulatively increasing
253253 the water surface elevation more than a designated height.
254254 "Reservoir" means a water impoundment project operated by the
255255 United States Army Corps of Engineers that is intended to retain
256256 water or delay the runoff of water in a designated surface area of
257257 land.
258258 7. Have you (Seller) ever filed a claim for flood damage to the
259259 property with any insurance provider, including the National Flood
260260 Insurance Program (NFIP)?* __ Yes __ No. If yes, explain (attach
261261 additional sheets as necessary):
262262 *Homes in high risk flood zones with mortgages from federally
263263 regulated or insured lenders are required to have flood
264264 insurance. Even when not required, the Federal Emergency
265265 Management Agency (FEMA) encourages homeowners in high risk,
266266 moderate risk, and low risk flood zones to purchase flood insurance
267267 that covers the structure(s) and the personal property within the
268268 structure(s).
269269 8. Have you (Seller) ever received assistance from FEMA or the
270270 U.S. Small Business Administration (SBA) for flood damage to the
271271 property? __ Yes __ No. If yes, explain (attach additional sheets
272272 as necessary):
273273 9. Are you (Seller) aware of any of the following?
274274 Write Yes (Y) if you are aware, write No (N) if you are not aware.
275275 __ 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.
276276 __ 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.
277277 __ Homeowners' Association or maintenance fees or assessments. __ Homeowners' Association or maintenance fees or assessments.
278278 __ Homeowners' Association or maintenance fees or assessments.
279279 __ 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.
280280 __ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
281281 __ 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.
282282 __ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
283283 __ Any lawsuits directly or indirectly affecting the Property. __ Any lawsuits directly or indirectly affecting the Property.
284284 __ Any lawsuits directly or indirectly affecting the Property.
285285 __ 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.
286286 __ Any condition on the Property which materially affects the physical health or safety of an individual.
287287 __ 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.
288288 __ 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.
289289 __ 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.
290290 __ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
291291 If the answer to any of the above is yes, explain. (Attach
292292 additional sheets if necessary): ______________________________
293293 ________________________________________________________________
294294 ________________________________________________________________
295295 10. If the property is located in a coastal area that is seaward of
296296 the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
297297 tide bordering the Gulf of Mexico, the property may be subject to
298298 the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,
299299 Natural Resources Code, respectively) and a beachfront
300300 construction certificate or dune protection permit may be required
301301 for repairs or improvements. Contact the local government with
302302 ordinance authority over construction adjacent to public beaches
303303 for more information.
304304 11. This property may be located near a military installation and
305305 may be affected by high noise or air installation compatible use
306306 zones or other operations. Information relating to high noise and
307307 compatible use zones is available in the most recent Air
308308 Installation Compatible Use Zone Study or Joint Land Use Study
309309 prepared for a military installation and may be accessed on the
310310 Internet website of the military installation and of the county and
311311 any municipality in which the military installation is located.
312312 12. Provide the following information about each special district
313313 in which the property is located:
314314 (A) the name of the district;
315315 (B) the ad valorem tax rate or assessment rate imposed by
316316 the district for the preceding tax year; and
317317 (C) the dollar amount of any ad valorem taxes or assessments
318318 imposed by the district for the preceding tax year. (Attach
319319 additional sheets if necessary):
320320 ________________________________________________________________
321321 ________________________________________________________________
322322 _______________ ________________________________________
323323 Date Signature of Seller
324324 The undersigned purchaser hereby acknowledges receipt of the
325325 foregoing notice.
326326 _______________ ________________________________________
327327 Date Signature of Purchaser
328328 SECTION 2. The change in law made by this Act applies only
329329 to a transfer of property that occurs on or after the effective date
330330 of this Act. A transfer of property that occurs before the
331331 effective date of this Act is governed by the law applicable to the
332332 transfer immediately before that date, and the former law is
333333 continued in effect for that purpose. For the purposes of this
334334 section, a transfer of property occurs before the effective date of
335335 this Act if the contract binding the purchaser to purchase the
336336 property is executed before that date.
337337 SECTION 3. This Act takes effect September 1, 2023.
338338
339339
340340
341341 __ Range __ Oven __ Microwave
342342
343343 __ Dishwasher __ Trash Compactor __ Disposal
344344
345345 __ Washer/Dryer __ Window __ Rain Gutters
346346
347347 Hookups Screens
348348
349349 __ Security __ Fire Detection __ Intercom
350350
351351 System Equipment System
352352
353353 __ Smoke Detector
354354
355355 __ Smoke Detector -
356356
357357 Hearing Impaired
358358
359359 __ Carbon Monoxide
360360
361361 Alarm
362362
363363 __ Emergency Escape
364364
365365 Ladder(s)
366366
367367 __ TV Antenna __ Cable TV __ Satellite
368368
369369 Wiring Dish
370370
371371 __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
372372
373373 Fan(s)
374374
375375 __ Central A/C __ Central Heating __ Wall/Window
376376
377377 Air
378378
379379 Conditioning
380380
381381 __ Plumbing System __ Septic System __ Public Sewer
382382
383383 System
384384
385385 __ Patio/Decking __ Outdoor Grill __ Fences
386386
387387 __ Pool __ Sauna __ Spa
388388
389389 __ Hot Tub
390390
391391 __ Pool Equipment __ Pool Heater __ Automatic Lawn
392392
393393 Sprinkler
394394
395395 System
396396
397397 __ Fireplace(s) & __ Fireplace(s) &
398398
399399 Chimney Chimney
400400
401401 (Woodburning) (Mock)
402402
403403 __ Natural Gas Lines __ Gas Fixtures
404404
405405 __ Liquid Propane Gas: __ LP Community __ LP on Property
406406
407407 (Captive)
408408
409409 Garage: __ Attached __ Not Attached __ Carport
410410
411411 Garage Door Opener(s): __ Electronic __ Control(s)
412412
413413 Water Heater: __ Gas __ Electric
414414
415415 Water Supply: __ City __ Well __ MUD __ Co-op
416416
417417
418418
419419 __ Interior Walls __ Ceilings __ Floors
420420
421421 __ Exterior Walls __ Doors __ Windows
422422
423423 __ Roof __ Foundation/ __ Basement
424424
425425 Slab(s)
426426
427427 __ Walls/Fences __ Driveways __ Sidewalks
428428
429429 __ Plumbing/Sewers/ __ Electrical __ Lighting
430430
431431 Septics Systems Fixtures
432432
433433
434434
435435 __ Active Termites __ Previous Structural
436436
437437 (includes or Roof Repair
438438
439439 wood-destroying insects)
440440
441441 __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
442442
443443 Needing Repair
444444
445445 __ Previous Termite Damage __ Asbestos Components
446446
447447 __ Previous Termite __ Urea formaldehyde
448448
449449 Treatment Insulation
450450
451451 __ Radon Gas
452452
453453 __ Improper Drainage __ Lead Based Paint
454454
455455 __ Water Damage Not Due to a __ Aluminum Wiring
456456
457457 Flood Event
458458
459459 __ Previous Fires
460460
461461
462462
463463 __ Unplatted Easements
464464
465465
466466
467467 __ Landfill, Settling, Soil __ Subsurface
468468
469469 Movement, Fault Lines Structure or Pits
470470
471471 __ Single Blockable Main __ Previous Use of Premises
472472
473473 Drain in Pool/Hot for Manufacture of
474474
475475 Tub/Spa* Methamphetamine
476476
477477
478478
479479 __ 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.
480480
481481 __ Homeowners' Association or maintenance fees or assessments.
482482
483483 __ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
484484
485485 __ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
486486
487487 __ Any lawsuits directly or indirectly affecting the Property.
488488
489489 __ Any condition on the Property which materially affects the physical health or safety of an individual.
490490
491491 __ 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.
492492
493493 __ Any portion of the property that is located in a groundwater conservation district or a subsidence district.