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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure by a seller of certain real property to |
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the purchaser of the property of information regarding the process |
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for obtaining a permit from the Texas Commission on Environmental |
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Quality for the storage, taking, or diversion of state water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 5, Property Code, is |
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amended by adding Section 5.0111 to read as follows: |
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Sec. 5.0111. SELLER'S NOTICE REGARDING APPROPRIATION OF |
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STATE WATER. A person who sells an interest in real property in |
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this state that contains or is adjacent to state water shall give to |
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the purchaser of the property a written notice that conforms to the |
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standard notice adopted by the Texas Commission on Environmental |
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Quality under Section 11.121, Water Code, relating to the |
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appropriation of state water. |
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SECTION 2. Section 11.121, Water Code, is amended to read as |
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follows: |
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Sec. 11.121. PERMIT REQUIRED; NOTICE TO CERTAIN PURCHASERS |
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OF REAL PROPERTY. (a) Except as provided in Sections 11.1405, |
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11.142, 11.1421, 11.1422, and 18.003, no person may appropriate any |
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state water or begin construction of any work designed for the |
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storage, taking, or diversion of water without first obtaining a |
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permit from the commission to make the appropriation. |
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(b) The commission by rule shall adopt a standard notice for |
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a purchaser of real property that contains or is adjacent to state |
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water. The notice must be designed to inform a purchaser of: |
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(1) the requirements of this section; and |
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(2) the process by which a person may obtain from the |
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commission a permit authorizing the storage, taking, or diversion |
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of state water. |
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SECTION 3. Section 5.0111, Property Code, as added by this |
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Act, applies only to a sale or conveyance of property for which a |
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binding contract is executed on or after January 1, 2026. A sale or |
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conveyance for which a binding contract is executed before that |
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date is governed by the law in effect on the date the contract is |
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executed, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. Not later than December 31, 2025, the Texas |
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Commission on Environmental Quality shall adopt the notice required |
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by Section 11.121, Water Code, as amended by this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |