87(R) HB 1993 - Introduced version



	By: Holland	H.B. No. 1993

A BILL TO BE ENTITLED

AN ACT

relating to seller's disclosures regarding fuel gas piping in

residential real property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 5.008(b), Property Code, is amended to

read as follows:

(b) The notice must be executed and must, at a minimum, read

substantially similar to the following:

SELLER'S DISCLOSURE NOTICE

CONCERNING THE PROPERTY AT ___________________________________

(Street Address and City)

THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF

THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY

SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR

WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT

A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.

Seller __ is __ is not occupying the Property.

If unoccupied, how long since Seller has occupied the Property?

________________________________________________________________

1. The Property has the items checked below:

Write Yes (Y), No (N), or Unknown (U).

__ Range

__ Oven

__ Microwave

__ Dishwasher

__ Trash Compactor

__ Disposal

__ Washer/Dryer

__ Window

__ Rain Gutters

Hookups

Screens

__ Security

__ Fire Detection

__ Intercom

System

Equipment

System

__ Smoke Detector

__ Smoke Detector -

Hearing Impaired

__ Carbon Monoxide

Alarm

__ Emergency Escape

Ladder(s)

__ TV Antenna

__ Cable TV

__ Satellite

Wiring

Dish

__ Ceiling Fan(s)

__ Attic Fan(s)

__ Exhaust

Fan(s)

__ Central A/C

__ Central Heating

__ Wall/Window

Air

Conditioning

__ Plumbing System

__ Septic System

__ Public Sewer

System

__ Patio/Decking

__ Outdoor Grill

__ Fences

__ Pool

__ Sauna

__ Spa

__ Hot Tub

__ Pool Equipment

__ Pool Heater

__ Automatic Lawn

Sprinkler

System

__ Fireplace(s) &

Chimney

(Woodburning)

(Mock)

__ Natural Gas Lines

__ Gas Fixtures

__ Liquid Propane Gas:

__ LP Community

__ LP on Property

(Captive)

Fuel Gas Piping:

Black Iron Pipe

Yellow or Black

Corrugated

Stainless Steel

Tubing*

Garage: __ Attached

__ Not Attached

__ Carport

Garage Door Opener(s):

__ Electronic

__ Control(s)

Water Heater:

__ Gas

__ Electric

Water Supply: __ City

__ Well __ MUD

__ Co-op

Roof Type: ________________________________ Age: _____(approx)

Are you (Seller) aware of any of the above items that are not in

working condition, that have known defects, or that are in need of

repair? __ Yes __ No __ Unknown.

If yes, then describe. (Attach additional sheets if necessary):

________________________________________________________________

*Corrugated stainless steel tubing may be damaged by

lighting, electrical arcing, or punctures, which may result in a

release of fuel gas.

2. Does the property have working smoke detectors installed in

accordance with the smoke detector requirements of Chapter 766,

Health and Safety Code?* __ Yes __ No __ Unknown.

If the answer to the question above is no or unknown,

explain. (Attach additional sheets if necessary):

*Chapter 766 of the Health and Safety Code requires

one-family or two-family dwellings to have working smoke detectors

installed in accordance with the requirements of the building code

in effect in the area in which the dwelling is located, including

performance, location, and power source requirements. If you do

not know the building code requirements in effect in your area, you

may check unknown above or contact your local building official for

more information. A buyer may require a seller to install smoke

detectors for the hearing impaired if: (1) the buyer or a member of

the buyer's family who will reside in the dwelling is hearing

impaired; (2) the buyer gives the seller written evidence of the

hearing impairment from a licensed physician; and (3) within 10

days after the effective date, the buyer makes a written request for

the seller to install smoke detectors for the hearing impaired and

specifies the locations for installation. The parties may agree

who will bear the cost of installing the smoke detectors and which

brand of smoke detectors to install.

3. Are you (Seller) aware of any known defects/malfunctions in any

of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Interior Walls

__ Ceilings

__ Floors

__ Exterior Walls

__ Doors

__ Windows

__ Roof

__ Foundation/

__ Basement

Slab(s)

__ Walls/Fences

__ Driveways

__ Sidewalks

__ Plumbing/Sewers/

__ Electrical

__ Lighting

Septics

Systems

Fixtures

__ Other Structural Components (Describe):_______________________

________________________________________________________________

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):________________________________

________________________________________________________________

4. Are you (Seller) aware of any of the following conditions?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Active Termites

__ Previous Structural

(includes

or Roof Repair

wood-destroying insects)

__ Termite or Wood Rot Damage

__ Hazardous or Toxic Waste

Needing Repair

__ Previous Termite Damage

__ Asbestos Components

__ Previous Termite

__ Urea formaldehyde

Treatment

Insulation

__ Previous Flooding

__ Radon Gas

__ Improper Drainage

__ Lead Based Paint

__ Water Penetration

__ Aluminum Wiring

__ Located in 100-year

__ Previous Fires

Floodplain

__ Present Flood Insurance

__ Unplatted Easements

Coverage

__ Landfill, Settling, Soil

__ Subsurface

Movement, Fault Lines

Structure or Pits

__ Single Blockable Main

__ Previous Use of Premises

Drain in Pool/Hot

for Manufacture of

Tub/Spa*

Methamphetamine

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):________________________________

________________________________________________________________

*A single blockable main drain may cause a suction entrapment

hazard for an individual.

5. Are you (Seller) aware of any item, equipment, or system in or

on the property that is in need of repair? __ Yes (if you are

aware) __ No (if you are not aware). If yes, explain (attach

additional sheets as necessary).

_________________________________

6. Are you (Seller) aware of any of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__	Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.

__	Homeowners' Association or maintenance fees or assessments.

__	Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.

__	Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.

__	Any lawsuits directly or indirectly affecting the Property.

__	Any condition on the Property which materially affects the physical health or safety of an individual.

__	Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.

__	Any portion of the property that is located in a groundwater conservation district or a subsidence district.

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary): ______________________________

________________________________________________________________

7. If the property is located in a coastal area that is seaward of

the Gulf Intracoastal Waterway or within 1,000 feet of the mean high

tide bordering the Gulf of Mexico, the property may be subject to

the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,

Natural Resources Code, respectively) and a beachfront

construction certificate or dune protection permit may be required

for repairs or improvements. Contact the local government with

ordinance authority over construction adjacent to public beaches

for more information.

8. This property may be located near a military installation and

may be affected by high noise or air installation compatible use

zones or other operations. Information relating to high noise and

compatible use zones is available in the most recent Air

Installation Compatible Use Zone Study or Joint Land Use Study

prepared for a military installation and may be accessed on the

Internet website of the military installation and of the county and

any municipality in which the military installation is located.

_______________ ________________________________________

Date Signature of Seller

The undersigned purchaser hereby acknowledges receipt of the

foregoing notice.

_______________ ________________________________________

Date Signature of Purchaser

SECTION 2. Section 5.008(b), Property Code, as amended by

this Act, applies only to a transfer of property that occurs on or

after the effective date of this Act. A transfer of property that

occurs before the effective date of this Act is governed by the law

applicable to the transfer immediately before that date, and the

former law is continued in effect for that purpose. For the

purposes of this section, a transfer of property occurs before the

effective date of this Act if the contract binding the purchaser to

purchase the property is executed before that date.

SECTION 3. This Act takes effect September 1, 2021.