89R12315 RAL-D
By: Cook S.B. No. 2266
A BILL TO BE ENTITLED
AN ACT
relating to a seller's disclosure regarding real property located
within a certain distance of a state or federal superfund site.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 5, Property Code, is
amended by adding Section 5.0131 to read as follows:
Sec. 5.0131. SELLER'S DISCLOSURE REGARDING SUPERFUND SITE.
(a) In this section:
(1) "Federal superfund site" means a facility that is
on the National Priorities List established under Section 105 of
the federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. Section 9605).
(2) "State superfund site" means a facility that is
listed on the state registry established under Section 361.181,
Health and Safety Code.
(b) A person who sells an interest in real property located
five miles or less from a state or federal superfund site shall give
to the purchaser of the property a written notice:
(1) disclosing for any such site:
(A) the name of the site;
(B) the county, zip code, and city, if any, where
the site is located; and
(C) the minimum distance from the property to the
site;
(2) stating:
(A) the definition of a state or federal
superfund site, as applicable; and
(B) that soil, groundwater, and groundwater
wells on the property may be contaminated by the site; and
(3) providing:
(A) the uniform resource locator (URL) address of
an Internet website maintained by the United States Environmental
Protection Agency where the purchaser can search by site name,
city, county, or zip code for:
(i) detailed information about a federal
superfund site disclosed under Subdivision (1); and
(ii) the human exposure environmental
indicator for a site disclosed under Subdivision (1);
(B) the uniform resource locator (URL) address of
an Internet website maintained by the Texas Commission on
Environmental Quality where the purchaser can search by site name,
county, or congressional, house, or senate district for information
about a state superfund site disclosed under Subdivision (1); and
(C) information on the feasibility and potential
cost of connecting the property to an available public water
source, if that information is readily available to the seller.
(c) The seller shall give the notice to the purchaser before
the effective date of an executory contract binding the purchaser
to purchase the property. If a contract is entered into without the
seller providing the notice required by this section, the purchaser
may terminate the contract for any reason not later than the 14th
day after the effective date of the contract.
SECTION 2. The changes in law made by this Act apply only to
a contract for the sale of real property entered into on or after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.