By Oliveira H.B. No. 1665 75R4580 CAS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to disclosure of the location of certain subsurface 1-3 conditions by a person who is selling unimproved real property to 1-4 be used for residential purposes. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter A, Chapter 5, Property Code, is 1-7 amended by adding Section 5.010 to read as follows: 1-8 Sec. 5.010. SELLER'S DISCLOSURE OF LOCATION OF CONDITIONS 1-9 UNDER SURFACE OF UNIMPROVED REAL PROPERTY. (a) A seller of 1-10 unimproved real property to be used for residential purposes shall 1-11 provide to the purchaser of the property a written notice 1-12 disclosing the location of any of the following under the surface 1-13 of the property: 1-14 (1) a transportation pipeline, including a pipeline 1-15 for the transportation of natural gas, natural gas liquids, 1-16 synthetic gas, liquefied petroleum gas, petroleum or a petroleum 1-17 product, or a hazardous substance; or 1-18 (2) an injection well, a tank, or a facility used or 1-19 formerly used for storage or disposal of hazardous waste, solid 1-20 waste, natural gas, or petroleum or a petroleum product. 1-21 (b) The notice must state the information to the best of the 1-22 seller's belief and knowledge as of the date the notice is 1-23 completed and signed by the seller. If the information required to 1-24 be disclosed is not known to the seller, the seller shall indicate 2-1 that fact in the notice. 2-2 (c) The notice must be delivered by the seller on or before 2-3 the effective date of an executory contract binding the purchaser 2-4 to purchase the property. If a contract is entered without the 2-5 seller providing the notice as required by this section, the 2-6 purchaser may terminate the contract for any reason not later than 2-7 the seventh day after the effective date of the contract. 2-8 (d) This section applies to any seller of unimproved real 2-9 property, including a seller who is the developer of the property 2-10 and who sells the property to others for resale. 2-11 (e) In this section, "hazardous substance" and "hazardous 2-12 waste" have the meanings assigned by Section 361.003, Health and 2-13 Safety Code. 2-14 SECTION 2. Section 5.010, Property Code, as added by this 2-15 Act, applies only to a sale of property for which a contract is 2-16 entered into on or after January 1, 1998. 2-17 SECTION 3. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended, 2-22 and that this Act take effect and be in force from and after its 2-23 passage, and it is so enacted. 2-24 COMMITTEE AMENDMENT NO. 1 2-25 Amend H.B. 1665, on page 1, lines 9-20, by striking 2-26 subsection (a) and inserting the following: 2-27 (a) A seller of unimproved real property to be used for 3-1 residential purposes shall provide to the purchaser of the property 3-2 a written notice disclosing the location of a transportation 3-3 pipeline, including a pipeline for the transportation of natural 3-4 gas, natural gas liquids, synthetic gas, liquefied petroleum gas, 3-5 petroleum or a petroleum product, or a hazardous substance. 3-6 Woolley 3-7 COMMITTEE AMENDMENT NO. 2 3-8 Amend H.B. 1665, on page 2, between lines 13 and 14 add the 3-9 following: 3-10 (f) A seller is not required to give the notice if: 3-11 (1) the seller is obligated under an earnest money 3-12 contract to furnish a title insurance commitment to the buyer prior 3-13 to closing; and 3-14 (2) the buyer is entitled to terminate the contract if 3-15 the buyer's objections to title as permitted by the contract are 3-16 not cured by the seller prior to closing. 3-17 Corte