This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
Amend HB 28 (house committee printing) as follows:
(1) On page 1, line 9, strike "Section 5.0111" and substitute "Section 5.008 or 5.0111, as applicable".
(2) On page 1, line 16, between "seller of property" and
"shall give", insert "that is new construction described by Section
5.008(e)(10)".
(3) On page 2, line 2, between "seller of" and "property",
insert "certain types of".
(4) On page 2, line 24, strike "before the date the
executory contract binds" and substitute "on or before the
effective date of an executory contract binding".
(5) On page 3, strike lines 1 through 22 and substitute the
following:
(c) This section does not apply to a transfer described by
Section 5.008(e), other than a transfer described by Section
5.008(e)(10).
(6) Insert the following appropriately numbered SECTION and
renumber existing SECTIONS of the bill accordingly:
SECTION ____. Section 5.008(b), Property Code, as amended
by Chapters 448 (HB 271), 1051 (HB 2118), and 1256 (HB 2819), Acts
of the 80th Legislature, Regular Session, 2007, is reenacted and
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 Door Opener(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. Does the property have working smoke detectors installed in
accordance with the smoke detector requirements of Chapter 766,
Health and Safety Code? __Yes __No __Unknown.
If the answer to the question above is no or unknown, explain.
(Attach additional sheets if necessary):
___________________________
________________________________________________________________
________________________________________________________________
3. Are you (Seller) aware of any known defects/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 necessary):
____________________________________________________
________________________________________________________________
________________________________________________________________
4. 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 Damage __ 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
__ Previous Use of
Premises for
Manufacture of
Methamphetamine
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):
____________________________________________________
________________________________________________________________
________________________________________________________________
5. 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)._________________________________
6. 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 or 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 necessary):
____________________________________________________
________________________________________________________________
________________________________________________________________
7 [6]. If the property is located in a coastal area that is seaward
of the Gulf Intracoastal Waterway or within 1,000 feet of the mean
high tide bordering the Gulf of Mexico, the property may be subject
to the Open Beaches Act or the Dune Protection Act (Chapter 61 or
63, Natural Resources Code, respectively) and a beachfront
construction certificate or dune protection permit may be required
for repairs or improvements. Contact the local government with
ordinance authority over construction adjacent to public beaches
for more information.
8. The seller must check which of the following options apply:
_____ The seller has received notice under Section 43.052, Local
Government Code, from a municipality that the property is included
in the municipality's annexation plan and may be subject to
annexation by the municipality. A copy of the notice is attached.
_____ The seller has not received notice under Section 43.052,
Local Government Code, from a municipality that the property is
included in the municipality's annexation plan.
_____ The seller is not aware whether notice has been received under
Section 43.052, Local Government Code, from a municipality that the
property is included in the municipality's annexation plan.
_______________ ________________________________________
Date Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the
foregoing notice and acknowledges the property complies with the
smoke detector requirements of Chapter 766, Health and Safety Code,
or, if the property does not comply with the smoke detector
requirements of Chapter 766, the buyer waives the buyer's rights to
have smoke detectors installed in compliance with Chapter 766.
_______________ ________________________________________
Date Signature of Purchaser