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