Amend CSSB 338 (Senate committee printing) as follows: (1) In SECTION 2 of the bill, in added Subsection (b), Section 766.002, Health and Safety Code (page 1, line 46), strike "alteration, remodeling, enlargement, or repair of the dwelling" and substitute "home improvement to the dwelling that requires the issuance of a building permit". (2) In SECTION 2 of the bill, strike added Subsection (c), Section 766.002, Health and Safety Code (page 1, lines 51-61), and substitute the following: (c) Title to an existing one-family or two-family dwelling may not be transferred unless there are working smoke detectors installed in the dwelling in accordance with the smoke detector requirements of the building code in effect in the political subdivision in which the dwelling is located, including performance, location, and power source requirements. If title to an existing one-family or two-family dwelling is transferred to a hearing-impaired person, any smoke detector required under the building code in effect in the political subdivision must be a smoke detector for a hearing-impaired person. (3) Add the following appropriately numbered SECTIONS to the bill and renumber the remaining SECTIONS of the bill as appropriate: SECTION __. Subsection (b), Section 5.008, 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) & __Fireplace(s) & Chimney Chimney (Woodburning) (Mock) __Gas Lines __Gas Fixtures (Nat./LP) Garage:__Attached __Not Attached __Carport Garage DoorOpener(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): ________________________________________________________________ ____ ________________________________________________________________ ____ 2. Are you (Seller) aware of any known defect/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 neces sar y):___________________________________________________________ ________________________________________________________________ ____ ________________________________________________________________ ____ 3. 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 __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 If the answer to any of the above is yes, explain. (Attach additional sheets if neces sar y):___________________________________________________________ ________________________________________________________________ ____ ________________________________________________________________ ____ 4. 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). _______________________________ 5. Are you (Seller) aware of any of the following? Write Yes (Y) if you 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 of 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. If the answer to any of the above is yes, explain. (Attach additional sheets if neces sar y):___________________________________________________________ ________________________________________________________________ ____ ________________________________________________________________ ____ _____________ ____________________________________________________ Date Signature of Seller The undersigned purchaser hereby acknowledges receipt of the foregoing notice. _____________ ____________________________________________________ Date Signature of Purchaser SECTION __. The change in law made by this Act to Section 5.008, Property Code, applies only to a notice executed on or after the effective date of this Act. A notice executed before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.