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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.