BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 271

                                                                                                                                       By: Gonzales

                                                                                                                           Business & Industry

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, Texas Law requires the seller of a home to disclose certain information regarding the property's current condition, its history, its malfunctions and awareness of other problems with the home.  However, there is no requirement that sellers disclose information that a home was previously used for the production of methamphetamines. 

 

C.S.H.B. 271 sets forth provisions that would require the seller of real property to disclose to the potential buyer if the seller had knowledge that the premises had been used for the manufacture of methamphetamine.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

C.S.H.B. 271 amends Property Code to require a seller of real property to disclose if the seller is aware of any previous use of premises for the manufacture of methamphetamine.  The bill adds the manufacture of methamphetamine to the text included in the required minimum notice for a seller of real property.

 

The bill provides that this Act applies only to a notice executed on or after the effective date of this Act.

 

EFFECTIVE DATE

 

January 1, 2008.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

C.S.H.B. 271 deletes language referring to the specific Health and Safety Code section relating to the manufacture of methamphetamine.