By: Wilson H.B. No. 1130
73R2140 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disclosure of certain information before the sale
1-3 or lease of real property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 15(c), The Real Estate License Act
1-6 (Article 6573a, Vernon's Texas Civil Statutes), is amended to read
1-7 as follows:
1-8 (c) Notwithstanding Subsection (b) of this section, a person
1-9 is not subject to civil liability or criminal prosecution because
1-10 the person did not inquire about, make a disclosure related to, or
1-11 release information related to whether a previous or current
1-12 occupant of real property had, may have had, has, or may have AIDS,
1-13 HIV-related illnesses, or HIV infection as defined by the Centers
1-14 for Disease Control of the U.S. Public Health Service. <A person
1-15 who has actual knowledge that the previous or current occupant of
1-16 real property had or has AIDS, HIV-related illnesses, or HIV
1-17 infection shall provide that information to a potential purchaser
1-18 or lessee of the real property on receiving a specific request for
1-19 the information from the potential purchaser or lessee.>
1-20 SECTION 2. Section 15E, The Real Estate License Act (Article
1-21 6573a, Vernon's Texas Civil Statutes), is amended to read as
1-22 follows:
1-23 Sec. 15E. Notwithstanding any other provision of this Act or
1-24 any other law, a licensee shall have no duty to inquire about, make
2-1 a disclosure related to, or release information related to whether
2-2 a:
2-3 (1) previous or current occupant of real property had,
2-4 may have had, has, or may have AIDS, HIV-related illnesses, or HIV
2-5 infection as defined by the Centers for Disease Control of the U.S.
2-6 Public Health Service; or
2-7 (2) death or assault, of any kind or nature, occurred
2-8 on a property, except that a licensee who has actual knowledge that
2-9 a death or assault, other than a death caused by AIDS, HIV-related
2-10 illness, or HIV infection, occurred on the property shall provide
2-11 the information to a potential purchaser or lessee of the property
2-12 on receiving a specific written request for the information from
2-13 the potential purchaser or lessee.
2-14 SECTION 3. This Act takes effect September 1, 1993, and
2-15 applies only to a real estate transaction commenced on or after
2-16 that date. A real estate transaction commenced before the
2-17 effective date of this Act is governed by the law in effect at the
2-18 time the transaction was commenced, and the former law is continued
2-19 in effect for that purpose.
2-20 SECTION 4. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.