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	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