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A BILL TO BE ENTITLED
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AN ACT
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relating to seller's disclosures regarding the proximity of certain |
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residential real property to certain landfills and related |
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facilities. |
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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 |
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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, explain. |
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(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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| __ Improper Drainage |
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__ Lead Based Paint |
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| __ Water Damage Not Due to a |
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__ Aluminum Wiring |
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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 conditions?* |
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Write Yes (Y) if you are aware, write No (N) if you are not aware. |
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__ Present flood insurance coverage |
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__ Previous flooding due to a failure or breach of a reservoir or a |
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controlled or emergency release of water from a reservoir |
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__ Previous water penetration into a structure on the property due |
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to a natural flood event |
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Write Yes (Y) if you are aware and check wholly or partly as |
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applicable, write No (N) if you are not aware. |
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__ Located ( ) wholly ( ) partly in a 100-year floodplain (Special |
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Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR) |
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__ Located ( ) wholly ( ) partly in a 500-year floodplain |
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(Moderate Flood Hazard Area-Zone X (shaded)) |
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__ Located ( ) wholly ( ) partly in a floodway |
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__ Located ( ) wholly ( ) partly in a flood pool |
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__ Located ( ) wholly ( ) partly in a reservoir |
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If the answer to any of the above is yes, explain (attach additional |
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sheets as necessary): |
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* For purposes of this notice: |
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"100-year floodplain" means any area of land that: |
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(A) is identified on the flood insurance rate map |
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as a special flood hazard area, which is designated as Zone A, V, |
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A99, AE, AO, AH, VE, or AR on the map; |
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(B) has a one percent annual chance of flooding, |
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which is considered to be a high risk of flooding; and |
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(C) may include a regulatory floodway, flood |
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pool, or reservoir. |
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"500-year floodplain" means any area of land that: |
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(A) is identified on the flood insurance rate map |
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as a moderate flood hazard area, which is designated on the map as |
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Zone X (shaded); and |
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(B) has a two-tenths of one percent annual chance |
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of flooding, which is considered to be a moderate risk of flooding. |
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"Flood pool" means the area adjacent to a reservoir that lies |
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above the normal maximum operating level of the reservoir and that |
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is subject to controlled inundation under the management of the |
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United States Army Corps of Engineers. |
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"Flood insurance rate map" means the most recent flood hazard |
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map published by the Federal Emergency Management Agency under the |
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National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et |
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seq.). |
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"Floodway" means an area that is identified on the flood |
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insurance rate map as a regulatory floodway, which includes the |
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channel of a river or other watercourse and the adjacent land areas |
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that must be reserved for the discharge of a base flood, also |
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referred to as a 100-year flood, without cumulatively increasing |
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the water surface elevation more than a designated height. |
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"Reservoir" means a water impoundment project operated by the |
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United States Army Corps of Engineers that is intended to retain |
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water or delay the runoff of water in a designated surface area of |
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land. |
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7. Have you (Seller) ever filed a claim for flood damage to the |
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property with any insurance provider, including the National Flood |
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Insurance Program (NFIP)?* __ Yes __ No. If yes, explain (attach |
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additional sheets as necessary): |
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*Homes in high risk flood zones with mortgages from federally |
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regulated or insured lenders are required to have flood insurance. |
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Even when not required, the Federal Emergency Management Agency |
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(FEMA) encourages homeowners in high risk, moderate risk, and low |
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risk flood zones to purchase flood insurance that covers the |
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structure(s) and the personal property within the structure(s). |
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8. Have you (Seller) ever received assistance from FEMA or the |
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U.S. Small Business Administration (SBA) for flood damage to the |
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property? __ Yes __ No. If yes, explain (attach additional sheets |
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as necessary): |
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9. 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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Any portion of the property that is located within one mile of the boundary of a municipal
solid waste facility that requires a permit or registration issued by the Texas Commission
on Environmental Quality. |
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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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10. 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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11. 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. 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 3. This Act takes effect September 1, 2021. |