Texas 2025 - 89th Regular

Texas Senate Bill SB2266 Compare Versions

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11 89R12315 RAL-D
22 By: Cook S.B. No. 2266
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to a seller's disclosure regarding real property located
1010 within a certain distance of a state or federal superfund site.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter A, Chapter 5, Property Code, is
1313 amended by adding Section 5.0131 to read as follows:
1414 Sec. 5.0131. SELLER'S DISCLOSURE REGARDING SUPERFUND SITE.
1515 (a) In this section:
1616 (1) "Federal superfund site" means a facility that is
1717 on the National Priorities List established under Section 105 of
1818 the federal Comprehensive Environmental Response, Compensation,
1919 and Liability Act of 1980 (42 U.S.C. Section 9605).
2020 (2) "State superfund site" means a facility that is
2121 listed on the state registry established under Section 361.181,
2222 Health and Safety Code.
2323 (b) A person who sells an interest in real property located
2424 five miles or less from a state or federal superfund site shall give
2525 to the purchaser of the property a written notice:
2626 (1) disclosing for any such site:
2727 (A) the name of the site;
2828 (B) the county, zip code, and city, if any, where
2929 the site is located; and
3030 (C) the minimum distance from the property to the
3131 site;
3232 (2) stating:
3333 (A) the definition of a state or federal
3434 superfund site, as applicable; and
3535 (B) that soil, groundwater, and groundwater
3636 wells on the property may be contaminated by the site; and
3737 (3) providing:
3838 (A) the uniform resource locator (URL) address of
3939 an Internet website maintained by the United States Environmental
4040 Protection Agency where the purchaser can search by site name,
4141 city, county, or zip code for:
4242 (i) detailed information about a federal
4343 superfund site disclosed under Subdivision (1); and
4444 (ii) the human exposure environmental
4545 indicator for a site disclosed under Subdivision (1);
4646 (B) the uniform resource locator (URL) address of
4747 an Internet website maintained by the Texas Commission on
4848 Environmental Quality where the purchaser can search by site name,
4949 county, or congressional, house, or senate district for information
5050 about a state superfund site disclosed under Subdivision (1); and
5151 (C) information on the feasibility and potential
5252 cost of connecting the property to an available public water
5353 source, if that information is readily available to the seller.
5454 (c) The seller shall give the notice to the purchaser before
5555 the effective date of an executory contract binding the purchaser
5656 to purchase the property. If a contract is entered into without the
5757 seller providing the notice required by this section, the purchaser
5858 may terminate the contract for any reason not later than the 14th
5959 day after the effective date of the contract.
6060 SECTION 2. The changes in law made by this Act apply only to
6161 a contract for the sale of real property entered into on or after
6262 the effective date of this Act.
6363 SECTION 3. This Act takes effect September 1, 2025.