| 1 | 1 | | 89R3267 JAM-D |
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| 2 | 2 | | By: Goodwin H.B. No. 3467 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the disclosure by a seller of certain real property to |
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| 10 | 10 | | the purchaser of the property of information regarding the process |
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| 11 | 11 | | for obtaining a permit from the Texas Commission on Environmental |
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| 12 | 12 | | Quality for the storage, taking, or diversion of state water. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subchapter A, Chapter 5, Property Code, is |
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| 15 | 15 | | amended by adding Section 5.0111 to read as follows: |
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| 16 | 16 | | Sec. 5.0111. SELLER'S NOTICE REGARDING APPROPRIATION OF |
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| 17 | 17 | | STATE WATER. A person who sells an interest in real property in |
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| 18 | 18 | | this state that contains or is adjacent to state water shall give to |
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| 19 | 19 | | the purchaser of the property a written notice that conforms to the |
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| 20 | 20 | | standard notice adopted by the Texas Commission on Environmental |
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| 21 | 21 | | Quality under Section 11.121, Water Code, relating to the |
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| 22 | 22 | | appropriation of state water. |
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| 23 | 23 | | SECTION 2. Section 11.121, Water Code, is amended to read as |
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| 24 | 24 | | follows: |
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| 25 | 25 | | Sec. 11.121. PERMIT REQUIRED; NOTICE TO CERTAIN PURCHASERS |
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| 26 | 26 | | OF REAL PROPERTY. (a) Except as provided in Sections 11.1405, |
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| 27 | 27 | | 11.142, 11.1421, 11.1422, and 18.003, no person may appropriate any |
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| 28 | 28 | | state water or begin construction of any work designed for the |
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| 29 | 29 | | storage, taking, or diversion of water without first obtaining a |
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| 30 | 30 | | permit from the commission to make the appropriation. |
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| 31 | 31 | | (b) The commission by rule shall adopt a standard notice for |
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| 32 | 32 | | a purchaser of real property that contains or is adjacent to state |
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| 33 | 33 | | water. The notice must be designed to inform a purchaser of: |
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| 34 | 34 | | (1) the requirements of this section; and |
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| 35 | 35 | | (2) the process by which a person may obtain from the |
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| 36 | 36 | | commission a permit authorizing the storage, taking, or diversion |
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| 37 | 37 | | of state water. |
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| 38 | 38 | | SECTION 3. Section 5.0111, Property Code, as added by this |
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| 39 | 39 | | Act, applies only to a sale or conveyance of property for which a |
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| 40 | 40 | | binding contract is executed on or after January 1, 2026. A sale or |
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| 41 | 41 | | conveyance for which a binding contract is executed before that |
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| 42 | 42 | | date is governed by the law in effect on the date the contract is |
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| 43 | 43 | | executed, and the former law is continued in effect for that |
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| 44 | 44 | | purpose. |
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| 45 | 45 | | SECTION 4. Not later than December 31, 2025, the Texas |
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| 46 | 46 | | Commission on Environmental Quality shall adopt the notice required |
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| 47 | 47 | | by Section 11.121, Water Code, as amended by this Act. |
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| 48 | 48 | | SECTION 5. This Act takes effect September 1, 2025. |
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