86(R) SB 339 - Enrolled version



	S.B. No. 339

AN ACT

relating to a seller's disclosure notice for residential property

regarding floodplains, flood pools, floodways, or reservoirs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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) &

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 Damage Not Due to a

__ Aluminum Wiring

Flood Event [~~Penetration~~]

[~~__ 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 conditions?*

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Present flood insurance coverage

__ Previous flooding due to a failure or breach of a reservoir or a

controlled or emergency release of water from a reservoir

__ Previous water penetration into a structure on the property due

to a natural flood event

Write Yes (Y) if you are aware and check wholly or partly as

applicable, write No (N) if you are not aware.

__ Located ( ) wholly ( ) partly in a 100-year floodplain

(Special Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR)

__ Located ( ) wholly ( ) partly in a 500-year floodplain

(Moderate Flood Hazard Area-Zone X (shaded))

__ Located ( ) wholly ( ) partly in a floodway

__ Located ( ) wholly ( ) partly in a flood pool

__ Located ( ) wholly ( ) partly in a reservoir

If the answer to any of the above is yes, explain (attach additional

sheets as necessary):

*For purposes of this notice:

"100-year floodplain" means any area of land that:

(A) is identified on the flood insurance rate map as a

special flood hazard area, which is designated as Zone A, V, A99,

AE, AO, AH, VE, or AR on the map;

(B) has a one percent annual chance of flooding, which

is considered to be a high risk of flooding; and

reservoir.

"500-year floodplain" means any area of land that:

(A) is identified on the flood insurance rate map as a

moderate flood hazard area, which is designated on the map as Zone X

(shaded); and

(B) has a two-tenths of one percent annual chance of

flooding, which is considered to be a moderate risk of flooding.

"Flood pool" means the area adjacent to a reservoir that lies

above the normal maximum operating level of the reservoir and that

is subject to controlled inundation under the management of the

United States Army Corps of Engineers.

"Flood insurance rate map" means the most recent flood hazard

map published by the Federal Emergency Management Agency under the

National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et

seq.).

"Floodway" means an area that is identified on the flood

insurance rate map as a regulatory floodway, which includes the

channel of a river or other watercourse and the adjacent land areas

that must be reserved for the discharge of a base flood, also

referred to as a 100-year flood, without cumulatively increasing

the water surface elevation more than a designated height.

"Reservoir" means a water impoundment project operated by the

United States Army Corps of Engineers that is intended to retain

water or delay the runoff of water in a designated surface area of

land.

7. Have you (Seller) ever filed a claim for flood damage to the

property with any insurance provider, including the National Flood

Insurance Program (NFIP)?* __ Yes __ No. If yes, explain (attach

additional sheets as necessary):

*Homes in high risk flood zones with mortgages from federally

regulated or insured lenders are required to have flood insurance.

Even when not required, the Federal Emergency Management Agency

(FEMA) encourages homeowners in high risk, moderate risk, and low

risk flood zones to purchase flood insurance that covers the

structure(s) and the personal property within the structure(s).

8. Have you (Seller) ever received assistance from FEMA or the

U.S. Small Business Administration (SBA) for flood damage to the

property? __ Yes __ No. If yes, explain (attach additional sheets

as necessary):

9. Are you (Seller) aware of any of the following?

Write Yes (Y) if you are 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.

__	Any portion of the property that is located in a groundwater conservation district or a subsidence district.

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary): ______________________________

________________________________________________________________

10 [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.

11 [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 2. Section 5.008, Property Code, as amended by this

Act, applies only to a contract for the sale of real property

entered into on or after the effective date of this Act. A contract

entered into before the effective date of this Act is governed by

the law in effect on the date the contract was entered into, and

that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2019.

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 339 passed the Senate on

April 24, 2019, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 339 passed the House on

May 22, 2019, by the following vote: Yeas 129, Nays 15,

two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor