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A BILL TO BE ENTITLED
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AN ACT
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relating to the construction of certain assisted living facilities |
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located within a floodplain in certain counties and to a seller's |
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disclosure of the location of certain real property within a |
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floodplain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.0251 to read as follows: |
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Sec. 247.0251. CONSTRUCTION IN 100-YEAR FLOODPLAIN IN |
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CERTAIN COUNTIES PROHIBITED. (a) In this section, "100-year |
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floodplain" means an area that is subject to inundation by a |
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100-year flood, which is a flood that has a one percent or greater |
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chance of occurring in any given year, as determined from maps or |
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other data from the Federal Emergency Management Agency, or, if not |
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mapped by the Federal Emergency Management Agency, from the United |
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States Department of Agriculture soil maps. |
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(b) In a county with a population of 3.3 million or more, the |
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executive commissioner by rule shall prohibit the construction of a |
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new assisted living facility licensed under this chapter within a |
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100-year floodplain. |
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(c) The prohibition on new construction under this section |
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does not apply to expansions or renovations of existing assisted |
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living facilities. |
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SECTION 2. Subchapter A, Chapter 5, Property Code, is |
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amended by adding Section 5.020 to read as follows: |
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Sec. 5.020. SELLER'S DISCLOSURE OF LOCATION OF CERTAIN REAL |
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PROPERTY IN FLOODPLAIN. (a) In this section: |
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(1) "100-year floodplain" means any area of land that: |
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(A) is identified on the flood insurance rate map |
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as a special flood hazard area, which is designated as Zone A, V, |
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A99, AE, AO, AH, VE, or AR on the map; |
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(B) has a one percent annual chance of flooding; |
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and |
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(C) may include a regulatory floodway, flood |
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pool, or reservoir. |
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(2) "Flood insurance rate map" means the most recent |
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flood hazard map published by the Federal Emergency Management |
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Agency under the National Flood Insurance Act of 1968 (42 U.S.C. |
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Section 4001 et seq.). |
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(b) A seller of a tract of real property that measures less |
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than 15 acres and that does not have a residence located or being |
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constructed on the property at the time of the sale shall provide to |
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the purchaser of the property a written notice disclosing whether |
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any part of the property is located in a 100-year floodplain. If |
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any part of the property is located in a 100-year floodplain, the |
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notice must include a copy of a current flood insurance rate map |
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that indicates the part of the property that is located in the |
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floodplain. |
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(c) The notice must be delivered by the seller on or before |
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the effective date of an executory contract binding the purchaser |
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to purchase the property. |
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(d) The purchaser is entitled to recover from the seller |
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damages caused by flooding on any part of the purchased real |
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property that is located in a 100-year floodplain if: |
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(1) the seller fails to provide the purchaser the |
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notice required by this section; and |
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(2) the flooding occurs before the fifth anniversary |
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of the date of the purchase. |
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SECTION 3. Section 247.0251, Health and Safety Code, as |
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added by this Act, applies only to the construction of a new |
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assisted living facility that begins on or after the effective date |
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of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |
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* * * * * |