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A BILL TO BE ENTITLED
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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 [for indoor use], the structure must have |
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appropriate cross-connection safeguards. |
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SECTION 3. Sections 341.042(b-1), (b-2), and (b-3), Health |
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and Safety Code, as added by Chapter 1240 (S.B. 1073), Acts of the |
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82nd Legislature, Regular Session, 2011, are amended to read as |
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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 installed at the storage |
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facility for the harvested rainwater to ensure physical separation |
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between the rainwater harvesting system and the auxiliary water |
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supply. [The commission shall work with the department to develop
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rules regarding the installation and maintenance of rainwater
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harvesting systems that are used for indoor potable purposes and
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connected to a public water supply system.
The rules must contain
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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-2) A person may not connect a rainwater harvesting system |
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to a public drinking water supply system [who installs and
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maintains rainwater harvesting systems that are connected to a
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public water supply system and are used for potable purposes must be
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licensed by the Texas State Board of Plumbing Examiners as a master
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plumber or journeyman plumber and hold an endorsement issued by the
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board as a water supply protection specialist]. |
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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 supply [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]. |
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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, 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 is connected to a |
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public water supply system and is used for potable purposes if the |
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municipality or the public water supply system is in compliance |
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with the sanitary standards for drinking water adopted by the |
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commission and applicable to the municipality or public water |
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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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__ 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 |
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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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__ 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 |
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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 |
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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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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. |
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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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__ Single Blockable Main |
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__ Previous Use of Premises |
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Drain in Pool/Hot |
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for Manufacture of |
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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 |
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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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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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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]. |
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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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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 |
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the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63, |
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Natural Resources Code, respectively) and a beachfront |
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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 |
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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. |
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SECTION 8. Sections 341.042(b-1) and (b-2), Health and |
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Safety Code, as added by Chapter 1311 (H.B. 3391), Acts of the 82nd |
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Legislature, Regular Session, 2011, are repealed. |
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SECTION 9. Section 5.008(b), Property Code, as amended by |
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this Act, applies only to a transfer of property that occurs on or |
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after the effective date of this Act. A transfer of property that |
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occurs before the effective date of this Act is governed by the law |
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applicable to the transfer immediately before that date, and the |
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former law is continued in effect for that purpose. For the |
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purposes of this section, a transfer of property occurs before the |
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effective date of this Act if the contract binding the purchaser to |
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purchase the property is executed before that date. |
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SECTION 10. This Act takes effect September 1, 2013. |