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A BILL TO BE ENTITLED
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AN ACT
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relating to providing certain information to the public and to |
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purchasers of affected property regarding impact of certain |
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military airport operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 397, Local Government Code, is amended |
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by adding Section 397.007 to read as follows: |
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Sec. 397.007. PUBLIC INFORMATION REGARDING IMPACT OF |
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CERTAIN MILITARY AIRPORT OPERATIONS. (a) This section applies |
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only to an area located: |
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(1) within three miles of the boundaries of a |
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federally owned and operated military installation that includes an |
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airport and for which an Air Installation Compatible Use Zone Study |
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or Joint Land Use Study is prepared; and |
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(2) in a county: |
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(A) with a population of more than 1.5 million |
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that contains a municipality in which at least 75 percent of the |
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county's population resides; or |
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(B) with a population of 130,000 or more that is |
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adjacent to a county described by Paragraph (A). |
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(b) A county containing an area to which this section |
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applies shall work closely with the military installation adjoining |
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the area as necessary to obtain or create a map that is visually |
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useful in determining whether the area is located inside or outside |
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an accident potential zone, clear zone, or noise zone as designated |
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in the most recent Air Installation Compatible Use Zone Study or |
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Joint Land Use Study applicable to the military installation. |
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(c) The county shall work closely with the military |
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installation as necessary to update a map obtained or created under |
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this section. |
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(d) The county shall ensure that the following information |
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or a link to the information is publically available on the county's |
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Internet website: |
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(1) each map obtained or created and updated under |
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this section; and |
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(2) the most recent Air Installation Compatible Use |
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Zone Study or Joint Land Use Study applicable to each military |
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installation adjacent to an area to which this section applies. |
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SECTION 2. Section 5.008, Property Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) This subsection applies only to an area to which |
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Section 397.007, Local Government Code, is applicable. The seller |
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of residential real property described by Subsection (a) shall |
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include an additional disclosure item in the written notice given |
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to the purchaser of the property as required by this section that |
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must read substantially similar to the following: |
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This property is located within three miles of a |
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military installation that includes an airport. The |
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seller has reviewed publically available information |
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provided as required by Section 397.007, Local |
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Government Code, and identified the designation status |
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of the property based on that information as follows: |
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Write Yes (Y) or No (N) to each: |
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___ Accident potential zone |
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___ Clear zone |
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___ High-noise zone |
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SECTION 3. Section 5.008(b-1), Property Code, as added 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 4. This Act takes effect September 1, 2015. |