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AN ACT |
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relating to rainwater harvesting and
other water conservation |
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initiatives. |
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BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section
447.004(c-1), Government Code, is |
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amended to read as follows: |
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(c-1) The
procedural standards adopted under this section |
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must require that: |
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(1) on-site
reclaimed system technologies, including |
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rainwater harvesting, condensate
collection, or cooling tower blow |
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down, or a combination of those system
technologies, for potable |
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and nonpotable indoor and outdoor
water use [and landscape |
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watering] be incorporated into
the design and construction of: |
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(A) each
new state building with a roof area |
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measuring at least 10,000 square feet;
and |
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(B) any
other new state building for which the |
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incorporation of such systems is
feasible; and |
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(2) rainwater
harvesting system technology for |
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potable and nonpotable indoor and
outdoor water use [and landscape |
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watering] be incorporated into
the design and construction of each |
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new state building with a roof
area measuring at least 50,000 square |
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feet that is located in an area of this
state in which the average |
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annual rainfall is at least 20
inches. |
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SECTION 2. Section
341.042(b), Health and Safety Code, as |
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amended by Chapters 1311 (H.B. 3391)
and 1240 (S.B. 1073), Acts of |
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the 82nd Legislature, Regular Session,
2011, is reenacted and |
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amended to read as follows: |
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(b) The
commission by rule shall provide that if a structure |
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[is connected to a public water
supply system and] has a rainwater |
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harvesting system and uses a public
water supply for an auxiliary |
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water source [for indoor
use], the structure must have appropriate |
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cross-connection safeguards. |
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SECTION 3. Sections
341.042(b-1) and (b-3), Health and |
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Safety Code, as added by Chapter 1240
(S.B. 1073), Acts of the 82nd |
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Legislature, Regular Session, 2011, are
amended to read as follows: |
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(b-1) A
privately owned rainwater harvesting system with a |
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capacity of more than 500 gallons
that has an auxiliary water supply |
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shall have a backflow prevention
assembly or an air gap installed at |
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the storage facility for the
harvested rainwater to ensure physical |
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separation between the rainwater
harvesting system and the |
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auxiliary water supply.
A rainwater harvesting system that meets |
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the requirements of this subsection
is considered connected to a |
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public water supply system only for
purposes of compliance with |
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minimum water system capacity
requirements as determined by |
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commission rule. [The
commission shall work with the department to |
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develop rules regarding the
installation and maintenance of |
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rainwater harvesting systems that
are used for indoor potable |
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purposes and connected to a public
water supply system. The rules
|
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must contain criteria that are
sufficient to ensure that: |
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[(1)
safe sanitary drinking water standards are
met; |
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and |
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[(2)
harvested rainwater does not come into
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communication with a public water
supply system's drinking water at |
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a location off of the property on
which the rainwater harvesting |
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system is located.] |
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(b-3) A
person who intends to use [connect a rainwater |
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harvesting system to] a public
water supply system as an auxiliary |
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water source [for use for
potable purposes] must give written |
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notice of that intention to the
municipality in which the rainwater |
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harvesting system is located or the
owner or operator of the public |
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water supply system [before
connecting the rainwater harvesting |
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system to the public water supply
system]. The public water supply |
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system used as an auxiliary water
source may be connected only to |
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the water storage tank and may not
be connected to the plumbing of a |
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structure. |
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SECTION 4. Section
341.042(b-3), Health and Safety Code, as |
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added by Chapter 1311 (H.B. 3391), Acts
of the 82nd Legislature, |
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Regular Session, 2011, is redesignated
as Section 341.042(b-5), |
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Health and Safety Code, and amended to
read as follows: |
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(b-5) [(b-3)] A
municipality or the owner or operator of a |
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public water supply system may not be
held liable for any adverse |
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health effects allegedly caused by the
consumption of water |
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collected by a rainwater harvesting
system that uses [is connected |
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to] a public water supply system
or an auxiliary water source and is |
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used for potable purposes if the
municipality or the public water |
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supply system is in compliance with the
sanitary standards for |
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drinking water adopted by the
commission and applicable to the |
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municipality or public water supply
system. |
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SECTION 5. Section
580.004(b), Local Government Code, is |
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amended to read as follows: |
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(b) The
Texas Water Development Board shall ensure that |
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training on rainwater harvesting is
available for the members of |
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the permitting staffs of municipalities
and counties at least |
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quarterly. Each member of
the permitting staff of each county and |
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municipality located wholly or partly
in an area designated by the |
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Texas Commission on Environmental
Quality as a priority groundwater |
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management area under Section 35.008,
Water Code, whose work |
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relates directly to permits involving
rainwater harvesting and each |
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member of the permitting staff of each
county and municipality with |
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a population of more than 10,000
[100,000] whose work relates |
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directly to permits involving rainwater
harvesting must receive |
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appropriate training regarding
rainwater harvesting standards and |
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their relation to permitting at least
once every five |
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years. Members of the
permitting staffs of counties and |
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municipalities not located wholly or
partly in an area designated |
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by the Texas Commission on
Environmental Quality as a priority |
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groundwater management area under
Section 35.008, Water Code, whose |
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work relates directly to permits
involving rainwater harvesting and |
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members of the permitting staffs of
counties and municipalities |
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with a population of 10,000
[100,000] or less whose work relates |
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directly to permits involving rainwater
harvesting are encouraged |
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to receive the training. The
Texas Water Development Board may |
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provide appropriate training by
seminars or by videotape or |
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functionally similar and widely
available media without cost. |
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SECTION 6. Section
5.008(b), Property Code, is amended to |
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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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|
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__ Security |
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__ Fire Detection |
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__ Intercom | |
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|
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|
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|
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__ TV Antenna |
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__ Cable TV |
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__ Satellite | |
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|
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__ Ceiling Fan(s) |
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__ Attic Fan(s) |
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__ Exhaust | |
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|
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__ Central A/C |
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__ Central Heating |
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__ Wall/Window | |
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|
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|
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__ Plumbing System |
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__ Septic System |
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__ Public Sewer | |
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|
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__ Patio/Decking |
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__ Outdoor Grill |
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__ Fences | |
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|
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__ Pool Equipment |
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__ Pool Heater |
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__ Automatic Lawn | |
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|
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__ Fireplace(s) & |
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__ Fireplace(s) & | |
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|
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|
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__ Natural Gas Lines |
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__ Gas Fixtures | |
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__ Liquid Propane Gas: |
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__ LP Community |
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__ LP on Property | |
6-8 |
|
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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. Does the property have
working smoke detectors installed in |
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accordance with the smoke detector
requirements of Chapter 766, |
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Health and Safety Code?* __
Yes __ No __ Unknown. |
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If the answer to the question above is
no or unknown, |
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explain. (Attach additional
sheets if necessary):______________ |
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________________________________________________________________ |
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________________________________________________________________ |
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*Chapter 766 of the
Health and Safety Code requires |
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one-family or two-family dwellings to
have working smoke detectors |
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installed in accordance with the
requirements of the building code |
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in effect in the area in which the
dwelling is located, including |
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performance, location, and power source
requirements. If you do |
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not know the building code requirements
in effect in your area, you |
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may check unknown above or contact your
local building official for |
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more information. A buyer
may require a seller to install smoke |
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detectors for the hearing impaired
if: (1) the buyer or a member of |
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the buyer's family who will reside in
the dwelling is hearing |
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impaired; (2) the buyer gives the
seller written evidence of the |
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hearing impairment from a licensed
physician; and (3) within 10 |
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days after the effective date, the
buyer makes a written request for |
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the seller to install smoke detectors
for the hearing impaired and |
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specifies the locations for
installation. The parties may agree |
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who will bear the cost of installing
the smoke detectors and which |
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brand of smoke detectors to
install. |
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3. Are you (Seller) aware of
any known defects/malfunctions in any |
7-12 |
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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|
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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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|
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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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|
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__ Other Structural Components
(Describe):_______________________ |
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________________________________________________________________ |
7-24 |
________________________________________________________________ |
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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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________________________________________________________________ |
7-28 |
________________________________________________________________ |
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4. 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. |
7-31 |
|
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__ Active Termites |
|
__ Previous Structural | |
8-1 |
|
8-2 |
|
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__ Termite or Wood Rot Damage |
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__ Hazardous or Toxic Waste | |
8-4 |
|
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__ Previous Termite Damage |
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__ Asbestos Components | |
8-6 |
__ Previous Termite |
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__ Urea formaldehyde | |
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|
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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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|
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__ Present Flood Insurance |
|
__ Unplatted Easements | |
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|
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__ Landfill, Settling, Soil |
|
__ Subsurface | |
8-16 |
Movement, Fault Lines |
|
Structure or
Pits | |
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__ Single Blockable Main |
|
__ Previous Use of Premises | |
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Drain in Pool/Hot |
|
for Manufacture
of | |
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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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*A single blockable
main drain may cause a suction entrapment |
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hazard for an individual. |
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5. 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 |
8-29 |
additional sheets as
necessary)._________________________________ |
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6. 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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|
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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. | |
8-34 |
__ |
Homeowners' Association or maintenance fees or
assessments. | |
8-35 |
__ |
Any "common area" (facilities such as pools, tennis
courts, walkways, or other areas) co-owned in undivided interest
with others. | |
8-36 |
__ |
Any notices of violations of deed restrictions or
governmental ordinances affecting the condition or use of the
Property. | |
9-1 |
__ |
Any lawsuits directly or indirectly affecting the
Property. | |
9-2 |
__ |
Any condition on the Property which materially affects
the physical health or safety of an
individual. | |
9-3 |
__ |
Any rainwater harvesting system located on the
property that is larger than 500 gallons and that uses a public
water supply as an auxiliary water source [connected to
the property's public water supply that is able to be used for
indoor potable purposes]. | |
9-4 |
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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7. If the property is
located in a coastal area that is seaward of |
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the Gulf Intracoastal Waterway or
within 1,000 feet of the mean high |
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tide bordering the Gulf of Mexico, the
property may be subject to |
9-11 |
the Open Beaches Act or the Dune
Protection Act (Chapter 61 or 63, |
9-12 |
Natural Resources Code, respectively)
and a beachfront |
9-13 |
construction certificate or dune
protection permit may be required |
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for repairs or
improvements. Contact the local government with |
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ordinance authority over construction
adjacent to public beaches |
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for more information. |
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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 7. Not
later than January 1, 2014, the Texas |
9-24 |
Commission on Environmental Quality
shall adopt rules to implement |
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Section 341.042, Health and Safety
Code, as amended by this Act. |
9-26 |
SECTION 8. Sections
341.042(b-1) and (b-2), Health and |
9-27 |
Safety Code, as added by Chapter 1311
(H.B. 3391), Acts of the 82nd |
10-1 |
Legislature, Regular Session, 2011, are
repealed. |
10-2 |
SECTION 9. Section
5.008(b), Property Code, as amended by |
10-3 |
this Act, applies only to a transfer of
property that occurs on or |
10-4 |
after the effective date of this Act. A
transfer of property that |
10-5 |
occurs before the effective date of
this Act is governed by the law |
10-6 |
applicable to the transfer immediately
before that date, and the |
10-7 |
former law is continued in effect for
that purpose. For the |
10-8 |
purposes of this section, a transfer of
property occurs before the |
10-9 |
effective date of this Act if the
contract binding the purchaser to |
10-10 |
purchase the property is executed
before that date. |
10-11 |
SECTION 10. This
Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the
House |
|
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I certify that H.B.
No. 2781 was passed by the House on May 8, |
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2013, by the following
vote: Yeas 137, Nays 10, 2 present, not |
|
voting. |
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______________________________ |
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Chief Clerk of the
House |
|
|
|
I certify that H.B.
No. 2781 was passed by the Senate on May |
|
22, 2013, by the following
vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the
Senate |
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APPROVED: _____________________ |
|
Date |
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_____________________ |
|
Governor |