1 | 1 | | 89R12315 RAL-D |
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2 | 2 | | By: Cook S.B. No. 2266 |
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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 a seller's disclosure regarding real property located |
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10 | 10 | | within a certain distance of a state or federal superfund site. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter A, Chapter 5, Property Code, is |
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13 | 13 | | amended by adding Section 5.0131 to read as follows: |
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14 | 14 | | Sec. 5.0131. SELLER'S DISCLOSURE REGARDING SUPERFUND SITE. |
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15 | 15 | | (a) In this section: |
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16 | 16 | | (1) "Federal superfund site" means a facility that is |
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17 | 17 | | on the National Priorities List established under Section 105 of |
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18 | 18 | | the federal Comprehensive Environmental Response, Compensation, |
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19 | 19 | | and Liability Act of 1980 (42 U.S.C. Section 9605). |
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20 | 20 | | (2) "State superfund site" means a facility that is |
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21 | 21 | | listed on the state registry established under Section 361.181, |
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22 | 22 | | Health and Safety Code. |
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23 | 23 | | (b) A person who sells an interest in real property located |
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24 | 24 | | five miles or less from a state or federal superfund site shall give |
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25 | 25 | | to the purchaser of the property a written notice: |
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26 | 26 | | (1) disclosing for any such site: |
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27 | 27 | | (A) the name of the site; |
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28 | 28 | | (B) the county, zip code, and city, if any, where |
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29 | 29 | | the site is located; and |
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30 | 30 | | (C) the minimum distance from the property to the |
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31 | 31 | | site; |
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32 | 32 | | (2) stating: |
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33 | 33 | | (A) the definition of a state or federal |
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34 | 34 | | superfund site, as applicable; and |
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35 | 35 | | (B) that soil, groundwater, and groundwater |
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36 | 36 | | wells on the property may be contaminated by the site; and |
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37 | 37 | | (3) providing: |
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38 | 38 | | (A) the uniform resource locator (URL) address of |
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39 | 39 | | an Internet website maintained by the United States Environmental |
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40 | 40 | | Protection Agency where the purchaser can search by site name, |
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41 | 41 | | city, county, or zip code for: |
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42 | 42 | | (i) detailed information about a federal |
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43 | 43 | | superfund site disclosed under Subdivision (1); and |
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44 | 44 | | (ii) the human exposure environmental |
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45 | 45 | | indicator for a site disclosed under Subdivision (1); |
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46 | 46 | | (B) the uniform resource locator (URL) address of |
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47 | 47 | | an Internet website maintained by the Texas Commission on |
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48 | 48 | | Environmental Quality where the purchaser can search by site name, |
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49 | 49 | | county, or congressional, house, or senate district for information |
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50 | 50 | | about a state superfund site disclosed under Subdivision (1); and |
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51 | 51 | | (C) information on the feasibility and potential |
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52 | 52 | | cost of connecting the property to an available public water |
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53 | 53 | | source, if that information is readily available to the seller. |
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54 | 54 | | (c) The seller shall give the notice to the purchaser before |
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55 | 55 | | the effective date of an executory contract binding the purchaser |
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56 | 56 | | to purchase the property. If a contract is entered into without the |
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57 | 57 | | seller providing the notice required by this section, the purchaser |
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58 | 58 | | may terminate the contract for any reason not later than the 14th |
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59 | 59 | | day after the effective date of the contract. |
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60 | 60 | | SECTION 2. The changes in law made by this Act apply only to |
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61 | 61 | | a contract for the sale of real property entered into on or after |
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62 | 62 | | the effective date of this Act. |
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63 | 63 | | SECTION 3. This Act takes effect September 1, 2025. |
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