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A BILL TO BE ENTITLED
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AN ACT
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relating to a seller's disclosure notice for residential property |
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regarding floodplains, flood pools, or reservoirs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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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*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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_________________________________ |
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6. Are you (Seller) aware of any 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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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. |
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Any portion of the property that is located in a groundwater conservation district or a subsidence district. |
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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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8. This property may be located near a military installation and |
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may be affected by high noise or air installation compatible use |
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zones or other operations. Information relating to high noise and |
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compatible use zones is available in the most recent Air |
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Installation Compatible Use Zone Study or Joint Land Use Study |
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prepared for a military installation and may be accessed on the |
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Internet website of the military installation and of the county and |
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any municipality in which the military installation is located. |
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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 2. Subchapter A, Chapter 5, Property Code, is |
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amended by adding Section 5.020 to read as follows: |
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Sec. 5.020. SELLER'S DISCLOSURE NOTICE OF FLOODPLAIN, FLOOD |
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POOL, OR RESERVOIR. (a) In this section: |
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(1) "100-year floodplain" means any area of land that |
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is identified on a flood insurance rate map as an area that has a one |
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percent chance of being inundated by a flood event each year. |
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(2) "500-year floodplain" means any area of land that |
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is identified on a flood insurance rate map as an area that has a |
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two-tenths of one percent chance of being inundated by a flood event |
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each year. |
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(3) "Flood pool" means the area adjacent to a |
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reservoir that lies above the normal maximum operating level of the |
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reservoir and that is subject to controlled inundation under the |
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management of the United States Army Corps of Engineers. |
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(4) "Flood insurance rate map" means the most recent |
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flood hazard map published by the Federal Emergency Management |
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Agency under the National Flood Insurance Act of 1968 (42 U.S.C. |
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Section 4001 et seq.). |
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(5) "Reservoir" means a water impoundment project |
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operated by the United States Army Corps of Engineers that is |
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intended to retain water or delay the runoff of water in a |
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designated surface area of land. |
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(b) This section applies only to the sale of residential |
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real property. |
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(c) On or before the date a seller of residential real |
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property and a purchaser enter into a contract binding the |
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purchaser to purchase the property, the seller shall give to the |
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purchaser a signed, written notice in substantially the following |
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form: |
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SELLER'S DISCLOSURE NOTICE OF |
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FLOODPLAIN, FLOOD POOL, OR RESERVOIR |
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Concerning the property at ______________ (street address |
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and city) or described as ______________ (legal description): |
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Are you (Seller) aware of any of the following conditions? |
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Write Yes (Y), No (N), or Unknown (U). The property is located |
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(check wholly or partly as applicable): |
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__ ( ) wholly ( ) partly in a 100-year floodplain |
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__ ( ) wholly ( ) partly in a 500-year floodplain |
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__ ( ) wholly ( ) partly in a flood pool |
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__ ( ) wholly ( ) partly in a reservoir |
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__ within five miles downstream of a reservoir and the |
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property: |
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__ may flood under catastrophic circumstances |
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__ has flooded in a flood event. |
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For purposes of this notice: |
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1. "100-year floodplain" means any area of land that is |
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identified on a flood insurance rate map as an area that has a one |
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percent chance of being inundated by a flood event each year. |
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2. "500-year floodplain" means any area of land that is |
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identified on a flood insurance rate map as an area that has a |
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two-tenths of one percent chance of being inundated by a flood event |
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each year. |
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3. "Flood pool" means the area adjacent to a reservoir that |
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lies above the normal maximum operating level of the reservoir and |
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that is subject to controlled inundation under the management of |
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the United States Army Corps of Engineers. |
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4. "Flood insurance rate map" means the most recent flood |
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hazard map published by the Federal Emergency Management Agency |
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under the National Flood Insurance Act of 1968 (42 U.S.C. Section |
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4001 et seq.). |
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5. "Reservoir" means a water impoundment project operated |
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by the United States Army Corps of Engineers that is intended to |
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retain water or delay the runoff of water in a designated surface |
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area of land. |
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_______________________ |
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(Purchaser's signature) |
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_______________ |
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(Date) |
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_______________________ |
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(Seller's signature) |
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______________ |
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(Date) |
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(d) If a contract is entered into without the seller |
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providing the notice required by this section, the purchaser may |
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terminate the contract for any reason within seven days after the |
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date the purchaser receives: |
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(1) the notice from the seller; or |
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(2) information described by the notice under |
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Subsection (c) from any other person. |
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(e) After the date of the conveyance, the purchaser may |
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bring an action for misrepresentation against the seller if the |
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seller: |
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(1) failed to provide the notice before the date of the |
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conveyance; and |
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(2) had actual knowledge that the property was |
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located: |
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(A) in a 100-year floodplain, 500-year |
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floodplain, flood pool, or reservoir; or |
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(B) within five miles downstream of a reservoir |
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and the property has flooded in a flood event. |
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SECTION 3. The changes in law made by this Act in amending |
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Section 5.008, Property Code, and adding Section 5.020, Property |
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Code, apply only to a contract for the sale of real property entered |
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into on or after the effective date of this Act. A contract entered |
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into before the effective date of this Act is governed by the law in |
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effect on the date the contract was entered into, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |