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A BILL TO BE ENTITLED
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AN ACT
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relating to carbon monoxide alarms and smoke detectors in certain |
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residential dwellings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Senator Frank |
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Madla Act. |
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SECTION 2. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 766 to read as follows: |
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CHAPTER 766. FIRE SAFETY IN RESIDENTIAL DWELLINGS |
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Sec. 766.001. DEFINITIONS. In this chapter: |
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(1) "Carbon monoxide alarm" means a device that |
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detects and sounds an alarm to indicate the presence of a harmful |
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level of carbon monoxide gas. |
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(2) "Department" means the Texas Department of |
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Insurance. |
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(3) "Fossil fuel" includes coal, kerosene, oil, wood, |
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fuel gases, and other petroleum or hydrocarbon products. |
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(4) "One-family or two-family dwelling" means a |
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structure that has one or two residential units that are occupied |
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as, or designed or intended for occupancy as, a residence by |
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individuals. |
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(5) "Smoke detector" means a device or a listed |
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component of a system that detects and sounds an alarm to indicate |
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the presence of visible or invisible products of combustion in the |
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air. |
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(6) "Smoke detector for hearing-impaired persons" has |
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the meaning assigned by Section 792.001. |
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Sec. 766.002. SMOKE DETECTOR REQUIREMENT. (a) Each |
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one-family or two-family dwelling constructed in this state must |
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have working smoke detectors installed in the dwelling in |
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accordance with the smoke detector requirements of the building |
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code in effect in the political subdivision in which the dwelling is |
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located, including performance, location, and power source |
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requirements. |
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(b) If a one-family or two-family dwelling does not comply |
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with the smoke detector requirements of the building code in effect |
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in the political subdivision in which the dwelling is located, any |
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home improvement to the dwelling that requires the issuance of a |
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building permit must include the installation of smoke detectors in |
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accordance with the building code in effect in the political |
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subdivision in which the dwelling is located, including |
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performance, location, and power source requirements. |
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(c) Title to an existing one-family or two-family dwelling |
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may not be transferred unless there are working smoke detectors |
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installed in the dwelling in accordance with the smoke detector |
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requirements of the building code in effect in the political |
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subdivision in which the dwelling is located, including |
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performance, location, and power source requirements. If title to |
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an existing one-family or two-family dwelling is transferred to a |
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hearing-impaired person, any smoke detector required under the |
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building code in effect in the political subdivision must be a smoke |
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detector for a hearing-impaired person. |
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Sec. 766.0025. FRATERNITY AND SORORITY HOUSES. (a) In |
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this section, "fraternity or sorority house" means a dwelling that: |
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(1) is a separate structure and that is not a multiunit |
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residential property composed of multiple independent residential |
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units; and |
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(2) serves as living quarters for members of a |
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fraternity or sorority. |
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(b) The owner of a fraternity or sorority house must have |
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working smoke detectors installed in the fraternity house or |
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sorority house in accordance with the smoke detector requirements |
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of the building code in effect in the political subdivision in which |
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the fraternity or sorority house is located, including performance, |
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location, and power source requirements. |
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Sec. 766.003. INFORMATION RELATING TO FIRE SAFETY AND |
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CARBON MONOXIDE DANGERS. (a) The department shall prepare |
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information of public interest relating to: |
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(1) fire safety in the home; and |
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(2) the dangers of carbon monoxide. |
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(b) The information must inform the public about: |
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(1) ways to prevent fires in the home, and actions to |
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take if a fire occurs in the home; |
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(2) the need to test smoke detectors every month to |
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ensure the smoke detector is working; |
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(3) replacing the battery in a battery-operated smoke |
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detector every six months; |
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(4) the need to have fire safety equipment in the home, |
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including fire extinguishers and emergency escape ladders; |
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(5) the need to develop and practice a fire escape |
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plan; |
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(6) the availability of carbon monoxide detectors; |
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(7) using carbon monoxide alarms as a backup to |
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prevent carbon monoxide poisoning; and |
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(8) the need to properly use and maintain fossil |
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fuel-burning appliances. |
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(c) The department shall distribute the information |
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described by this section to the public in any manner the department |
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determines is cost-effective, including providing the information |
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on the department's Internet website and publishing informational |
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pamphlets. |
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SECTION 3. Subsection (b), Section 5.008, Property Code, is |
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amended to read as follows: |
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(b) The notice must be executed and must, at a minimum, read |
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substantially similar to the following: |
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SELLER'S DISCLOSURE NOTICE |
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CONCERNING THE PROPERTY AT___________________________________ |
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(Street Address and City) |
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THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF |
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THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY |
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SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR |
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WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT |
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A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS. |
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Seller __ is __ is not occupying the Property. |
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If unoccupied, how long since Seller has occupied the Property? |
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________________________________________________________________ |
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1. The Property has the items checked below: |
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Write Yes (Y), No (N), or Unknown (U). |
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| __ Range |
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__ Oven |
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__ Microwave |
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| __ Dishwasher |
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__ Trash Compactor |
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__ Disposal |
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| __ Washer/Dryer |
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__ Window |
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__ Rain Gutters |
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| __ Security |
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__ Fire Detection |
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__ Intercom |
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| __ TV Antenna |
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__ Cable TV |
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__ Satellite |
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| __ Ceiling Fan(s) |
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__ Attic Fan(s) |
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__ Exhaust |
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| __ Central A/C |
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__ Central Heating |
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__ Wall/Window Air |
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| __ Plumbing System |
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__ Septic System |
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__ Public Sewer |
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| __ Patio/Decking |
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__ Outdoor Grill |
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__ Fences |
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| __ Pool Equipment |
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__ Pool Heater |
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__ Automatic Lawn |
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| __ Fireplace(s) & |
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__ Fireplace(s) & |
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| __ Gas Lines |
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__ Gas Fixtures |
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| Garage: __ Attached |
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__ Not Attached |
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__ Carport |
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| Garage Door Opener(s): |
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__ Electronic |
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__ Control(s) |
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| Water Heater: |
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__ Gas |
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__ Electric |
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| Water Supply: __ City |
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__ Well __ MUD |
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__ Co-op |
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Roof Type: ________________________________Age: _____(approx) |
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Are you (Seller) aware of any of the above items that are not in |
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working condition, that have known defects, or that are in need of |
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repair? __ Yes __ No __ Unknown. |
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If yes, then describe. (Attach additional sheets if necessary): |
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________________________________________________________________ |
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________________________________________________________________ |
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2. Are you (Seller) aware of any known defects/malfunctions in any |
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of the following? |
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Write Yes (Y) if you are aware, write No (N) if you are not aware. |
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__ Interior Walls |
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__ Ceilings |
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__ Floors |
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__ Exterior Walls |
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__ Doors |
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__ Windows |
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__ Roof |
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__ Foundation/ |
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__ Basement |
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__ Walls/Fences |
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__ Driveways |
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__ Sidewalks |
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__ Plumbing/Sewers/ |
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__ Electrical |
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__ Lighting |
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__ Other Structural Components (Describe):____________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary):_____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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3. Are you (Seller) aware of any of the following conditions? |
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Write Yes (Y) if you are aware, write No (N) if you are not aware. |
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| __ Active Termites |
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__ Previous Structural |
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| __ Termite or Wood Rot Damage |
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__ Hazardous or Toxic Waste |
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| __ Previous Termite Damage |
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__ Asbestos Components |
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| __ Previous Termite |
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__ Urea formaldehyde |
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| __ Previous Flooding |
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__ Radon Gas |
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| __ Improper Drainage |
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__ Lead Based Paint |
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| __ Water Penetration |
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__ Aluminum Wiring |
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| __ Located in 100-Year |
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__ Previous Fires |
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| __ Present Flood Insurance |
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__ Unplatted Easements |
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| __ Landfill, Settling, Soil |
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__ Subsurface |
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| Movement, Fault Lines |
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Structure or Pits |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary):_____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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4. Are you (Seller) aware of any item, equipment, or system in or |
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on the property that is in need of repair? __ Yes (if you are |
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aware) __ No (if you are not aware). If yes, explain (attach |
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additional sheets as necessary). ________________________________ |
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5. Are you (Seller) aware of any of the following? |
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Write Yes (Y) if you aware, write No (N) if you are not aware. |
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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. |
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Homeowners' Association or maintenance fees or assessments. |
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Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others. |
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Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property. |
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Any lawsuits directly or indirectly affecting the Property. |
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Any condition on the Property which materially affects the physical health or safety of an individual. |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary):_____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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_______________________________________________________ |
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Date Signature of Seller |
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The undersigned purchaser hereby acknowledges receipt of the |
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foregoing notice. |
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_______________________________________________________ |
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Date Signature of Purchaser |
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SECTION 4. Subchapter F, Chapter 92, Property Code, is |
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amended by adding Section 92.2571 to read as follows: |
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Sec. 92.2571. ALTERNATIVE COMPLIANCE. A landlord complies |
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with the requirements of this subchapter relating to the provision |
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of smoke detectors in the dwelling unit if the landlord: |
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(1) has a fire detection device, as defined by Article |
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5.43-2, Insurance Code, that includes a smoke detection device |
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installed in a dwelling unit; or |
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(2) for a dwelling unit that is a one-family or |
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two-family dwelling unit, installs smoke detectors in compliance |
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with Chapter 766, Health and Safety Code. |
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SECTION 5. The change in law made by this Act to Section |
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5.008, Property Code, applies only to a notice executed on or after |
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the effective date of this Act. A notice executed before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |