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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 regarding real property located |
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within a certain distance of a state or federal superfund site. |
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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 5.0131 to read as follows: |
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Sec. 5.0131. SELLER'S DISCLOSURE REGARDING SUPERFUND SITE. |
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(a) In this section: |
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(1) "Federal superfund site" means a facility that is |
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on the National Priorities List established under Section 105 of |
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the federal Comprehensive Environmental Response, Compensation, |
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and Liability Act of 1980 (42 U.S.C. Section 9605). |
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(2) "State superfund site" means a facility that is |
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listed on the state registry established under Section 361.181, |
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Health and Safety Code. |
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(b) A person who sells an interest in real property located |
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five miles or less from a state or federal superfund site shall give |
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to the purchaser of the property a written notice: |
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(1) disclosing for any such site: |
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(A) the name of the site; |
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(B) the county, zip code, and city, if any, where |
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the site is located; and |
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(C) the minimum distance from the property to the |
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site; |
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(2) stating: |
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(A) the definition of a state or federal |
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superfund site, as applicable; and |
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(B) that soil, groundwater, and groundwater |
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wells on the property may be contaminated by the site; and |
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(3) providing: |
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(A) the uniform resource locator (URL) address of |
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an Internet website maintained by the United States Environmental |
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Protection Agency where the purchaser can search by site name, |
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city, county, or zip code for: |
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(i) detailed information about a federal |
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superfund site disclosed under Subdivision (1); and |
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(ii) the human exposure environmental |
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indicator for a site disclosed under Subdivision (1); |
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(B) the uniform resource locator (URL) address of |
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an Internet website maintained by the Texas Commission on |
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Environmental Quality where the purchaser can search by site name, |
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county, or congressional, house, or senate district for information |
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about a state superfund site disclosed under Subdivision (1); and |
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(C) information on the feasibility and potential |
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cost of connecting the property to an available public water |
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source, if that information is readily available to the seller. |
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(c) The seller shall give the notice to the purchaser before |
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the effective date of an executory contract binding the purchaser |
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to purchase the property. If a contract is entered into without the |
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seller providing the notice required by this section, the purchaser |
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may terminate the contract for any reason not later than the 14th |
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day after the effective date of the contract. |
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SECTION 2. The changes in law made by this Act apply only to |
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a contract for the sale of real property entered into on or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |