BILL ANALYSIS

C.S.H.B. 1639

By: Farias

Defense & Veterans' Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Although it has been shown that jet fighter training operations generally are very safe, interested observers nevertheless express concerns that, in the unlikely event of a crash, statistical studies conducted by the U.S. Air Force indicate that the areas where an aircraft will most likely crash are in the military airport's clear zone and accident potential zones. Furthermore, these aircraft create sustained noise on a daily basis throughout the year, potentially emitting levels of noise incompatible with certain land uses. Interested observers note that there is no mechanism currently available to compel a property owner to alert a potential buyer that the property is significantly impacted by high-volume, sustained military aircraft operations near military airports. C.S.H.B. 1639 seeks to address the need for public information regarding such issues to assist potential buyers near military installations in making informed decisions in light of these circumstances.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1639 amends the Local Government Code to require a county and any municipality in which is located a military installation to work closely with the military installation as necessary to ensure that the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study applicable to each military installation or a link to that information is publicly available on the local governmental entity's website.

C.S.H.B. 1639 amends the Property Code to require a notice disclosing property conditions given by a seller to the purchaser of certain residential real property to include notice that the property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations. The bill also requires such notice to inform the purchaser that information relating to high noise and compatible use zones is available in the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study prepared for a military installation and may be accessed on the website of the military installation and of the county and any municipality in which the military installation is located.

EFFECTIVE DATE

September 1, 2015.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 1639 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Chapter 397, Local Government Code, is amended by adding Section 397.007 to read as follows: Sec. 397.007.  PUBLIC INFORMATION REGARDING IMPACT OF CERTAIN MILITARY AIRPORT OPERATIONS.  (a)  This section applies only to an area located: (1)  within three miles of the boundaries of a federally owned and operated military installation that includes an airport and for which an Air Installation Compatible Use Zone Study or Joint Land Use Study is prepared; and (2)  in a county: (A)  with a population of more than 1.5 million that contains a municipality in which at least 75 percent of the county's population resides; or (B)  with a population of 130,000 or more that is adjacent to a county described by Paragraph (A). (b)  A county containing an area to which this section applies shall work closely with the military installation adjoining the area as necessary to obtain or create a map that is visually useful in determining whether the area is located inside or outside an accident potential zone, clear zone, or noise zone as designated in the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study applicable to the military installation. (c)  The county shall work closely with the military installation as necessary to update a map obtained or created under this section.	No equivalent provision.
(d)  The county shall ensure that the following information or a link to the information is publically available on the county's Internet website: (1)  each map obtained or created and updated under this section; and (2)  the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study applicable to each military installation adjacent to an area to which this section applies.	SECTION 1.  Chapter 397, Local Government Code, is amended by adding Section 397.007 to read as follows: Sec. 397.007.  PUBLIC INFORMATION REGARDING IMPACT OF MILITARY INSTALLATIONS. A county and any municipality in which is located a military installation shall work closely with the military installation as necessary to ensure that the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study applicable to each military installation or a link to that information is publicly available on the local governmental entity's Internet website.
SECTION 2.  Section 5.008, Property Code, is amended by adding Subsection (b-1) to read as follows: (b-1)  This subsection applies only to an area to which  Section 397.007, Local Government Code, is applicable.  The seller of residential real property described by Subsection (a) shall include an additional disclosure item in the written notice given to the purchaser of the property as required by this section that must read substantially similar to the following: This property is located within three miles of a military installation that includes an airport.  The seller has reviewed publically available information provided as required by Section 397.007, Local Government Code, and identified the designation status of the property based on that information as follows: Write Yes (Y) or No (N) to each: ___ Accident potential zone ___ Clear zone ___ High-noise zone	SECTION 2.  Section 5.008(b), Property Code, is 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)         __ Natural Gas Lines                                      __ Gas Fixtures           __ Liquid Propane Gas:                      __ LP Community                  __ LP on Property                                  (Captive)                              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):______________ ________________________________________________________________________________________________________________________________ *Chapter 766 of the Health and Safety Code requires one-family or two-family dwellings to have working smoke detectors installed in accordance with the requirements of the building code in effect in the area in which the dwelling is located, including performance, location, and power source requirements.  If you do not know the building code requirements in effect in your area, you may check unknown above or contact your local building official for more information.  A buyer may require a seller to install smoke detectors for the hearing impaired if:  (1) the buyer or a member of the buyer's family who will reside in the dwelling is hearing impaired; (2) the buyer gives the seller written evidence of the hearing impairment from a licensed physician; and (3) within 10 days after the effective date, the buyer makes a written request for the seller to install smoke detectors for the hearing impaired and specifies the locations for installation.  The parties may agree who will bear the cost of installing the smoke detectors and which brand of smoke detectors to install. 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       __ Single Blockable Main                   __ Previous Use of Premises      Drain in Pool/Hot                    for Manufacture of     Tub/Spa*                     Methamphetamine   If the answer to any of the above is yes, explain.  (Attach additional sheets if necessary):________________________________ ________________________________________________________________ ________________________________________________________________ *A single blockable main drain may cause a suction entrapment hazard for an individual. 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.      __        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.            If the answer to any of the above is yes, explain.  (Attach additional sheets if necessary):  ______________________________ ________________________________________________________________ ________________________________________________________________ 7.  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.  This property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations.  Information relating to high noise and compatible use zones is available in the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study prepared for a military installation and may be accessed on the Internet website of the military installation and of the county and any municipality in which the military installation is located. _______________         ________________________________________ Date                     Signature of Seller The undersigned purchaser hereby acknowledges receipt of the foregoing notice. _______________         ________________________________________ Date                     Signature of Purchaser
SECTION 3.  Section 5.008(b-1), Property Code, as added by this Act, applies only to a transfer of property that occurs on or after the effective date of this Act.  A transfer of property that occurs before the effective date of this Act is governed by the law applicable to the transfer immediately before that date, and the former law is continued in effect for that purpose.  For the purposes of this section, a transfer of property occurs before the effective date of this Act if the contract binding the purchaser to purchase the property is executed before that date.	SECTION 3.  Section 5.008(b), Property Code, as amended by this Act, applies only to a transfer of property that occurs on or after the effective date of this Act.  A transfer of property that occurs before the effective date of this Act is governed by the law applicable to the transfer immediately before that date, and the former law is continued in effect for that purpose.  For the purposes of this section, a transfer of property occurs before the effective date of this Act if the contract binding the purchaser to purchase the property is executed before that date.
SECTION 4.  This Act takes effect September 1, 2015.	SECTION 4. Same as introduced version.