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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the seller of certain real property to |
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provide notice regarding the purchaser's duty to register water |
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wells located or drilled on the property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 5, Property Code, is |
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amended by adding Section 5.0141 to read as follows: |
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Sec. 5.0141. NOTICE OF OBLIGATION TO REGISTER WATER WELLS. |
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(a) In this section, "district" means a groundwater conservation |
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district to which Chapter 36, Water Code, is applicable, a |
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subsidence district governed by Chapter 8801, Special District |
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Local Laws Code, or a subsidence district established under Chapter |
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1045, Acts of the 71st Legislature, Regular Session, 1989. |
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(b) A seller of real property larger than one acre any part |
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of which is located in a district shall give to the purchaser of the |
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property a written notice that reads substantially similar to the |
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following: |
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NOTICE OF OBLIGATION TO REGISTER WATER WELLS WITH THE (name of |
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district) |
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As a purchaser of this parcel of real property you are |
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obligated to register all existing water wells located on the |
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property and all water wells drilled on the property after the |
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purchase of this parcel with the (name of district) as provided by |
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(Chapter 36, Water Code, Chapter 8801, Special District Local Laws |
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Code, or Chapter 1045, Acts of the 71st Legislature, Regular |
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Session, 1989, as applicable). |
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Your failure to register water wells located or drilled on |
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the property with the (name of district) may be a violation of the |
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district's rules or illegal drainage and may result in an action for |
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damages. |
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| Date: ____________________ |
_____________________________ |
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(c) The seller shall deliver the notice required by |
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Subsection (a) to the purchaser before the effective date of an |
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executory contract binding the purchaser to purchase the |
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property. The notice may be given separately, as part of the |
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contract during negotiations, or as part of any other notice the |
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seller delivers to the purchaser. If the notice is included as |
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part of the executory contract or another notice, the title of the |
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notice prescribed by Subsection (b) and the purchaser's signature |
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on the notice may be omitted. |
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(d) This section does not apply to a transfer: |
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(1) to a mortgagee by a mortgagor or successor in |
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interest or to a beneficiary of a deed of trust by a trustor or |
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successor in interest; |
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(2) by a mortgagee or a beneficiary under a deed of |
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trust who has acquired the land at a sale conducted under a power of |
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sale under a deed of trust or a sale under a court-ordered |
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foreclosure or has acquired the land by a deed in lieu of |
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foreclosure; |
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(3) by a fiduciary in the course of the administration |
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of a decedent's estate, guardianship, conservatorship, or trust; |
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(4) from one co-owner to another co-owner of an |
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undivided interest in the real property; |
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(5) to a spouse or a person in the lineal line of |
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consanguinity of the seller; or |
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(6) of only a mineral interest, leasehold interest, or |
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security interest. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to a transfer of property that occurs on or after the effective |
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date of this Act. For purposes of this section, a transfer of |
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property occurs before the effective date of this Act if the |
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executory contract binding the purchaser to purchase the property |
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is executed before that date. |
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(b) A transfer of property before the effective date of this |
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Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |