By Harris S.B. No. 775
77R1701 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring the seller of residential real property to
1-3 disclose to the purchaser the location of certain commercial
1-4 enterprises.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 5, Property Code, is amended
1-7 by adding Section 5.014 to read as follows:
1-8 Sec. 5.014. SELLER'S DISCLOSURE REGARDING PROXIMITY OF
1-9 CERTAIN COMMERCIAL ENTERPRISES. (a) A seller of residential real
1-10 property shall give to the purchaser of the property written notice
1-11 disclosing the location of any commercial enterprise that:
1-12 (1) is located within one mile of the residential
1-13 property; and
1-14 (2) would be considered by a reasonable person to
1-15 cause an unacceptable offense to the senses, including smoke,
1-16 odors, noise, or vibrations, of a person living at the residential
1-17 property.
1-18 (b) The seller shall deliver the notice on or before the
1-19 date the executory contract binds the purchaser to purchase the
1-20 property. The notice may be given separately, as part of the
1-21 contract during negotiations, or as part of any other notice the
1-22 seller delivers to the purchaser.
1-23 (c) If an executory contract is entered into without the
1-24 seller providing the notice required by this section, the purchaser
2-1 may terminate the contract for any reason within the earlier of:
2-2 (1) seven days after the date the purchaser receives
2-3 the notice; or
2-4 (2) the date the transfer occurs.
2-5 SECTION 2. (a) This Act takes effect October 1, 2001.
2-6 (b) The change in law made by this Act applies only to a
2-7 transfer of property that occurs on or after the effective date of
2-8 this Act. For purposes of this section, a transfer of property
2-9 occurs before the effective date of this Act if the executory
2-10 contract binding the purchaser to purchase the property is executed
2-11 before that date.
2-12 (c) Property transferred before the effective date of this
2-13 Act is covered by the law in effect when the property was
2-14 transferred, and the former law is continued in effect for that
2-15 purpose.