HB4917 - Relating to seller's disclosures regarding flooding and other water-related issues with respect to residential real property.

  89R16171 JBD-D     By: Canales H.B. No. 4917       A BILL TO BE ENTITLED   AN ACT   relating to seller's disclosures regarding flooding and other   water-related issues with respect to residential real property.          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) & __ Fireplace(s) &      Chimney    Chimney      (Woodburning)    (Mock)   __ Natural Gas Lines __ Gas Fixtures   __ Liquid Propane Gas: __ LP Community __ LP on Property      (Captive)   __ Fuel Gas Piping: __ Black Iron Pipe __ Corrugated   __ Copper   Stainless Steel     Tubing   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   __ Radon Gas   __ Improper Drainage __ Lead Based Paint   [ __ Water Damage Not Due to a __ Aluminum Wiring      Flood Event ]       __ Previous Fires     __ Unplatted Easements     __ 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 or requirement under federal   law to obtain and maintain 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 or water pooling in  a structure   on the property due to a natural flood event , including heavy   rainfall, coastal storm surge, tidal inundation, or river overflow   __     Previous erosion on the property caused by a natural event such   as a hurricane, heavy rainfall, coastal storm surge, tidal   inundation, or river overflow   __     Previous repairs made to the property in response to flood   events that were NOT filed with private or public insurance during   your ownership   __     Previous assessment for a beach nourishment project during your   ownership   __     Previous water- or moisture-related damage not due to a flood   event   __     Present designation of any portion of the property as a   wetlands area   __     Present FEMA elevation certificate available for the property   If the answer to any of the above is yes, explain, including, as   applicable, a description of the frequency at which an issue has   occurred, the estimated date on which each issue occurred, and a   description of any step taken to remedy each issue described   (attach additional sheets as necessary):   ________________________________________________________________   ________________________________________________________________   If applicable, state the flood insurance coverage premium currently   being paid and when the premium was last adjusted:   ________________________________________________________________   ________________________________________________________________   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                (C)  may include a regulatory floodway, flood pool, or   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.           "Wetlands"   has the meaning assigned by Section 11.502, Water   Code.   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 [Text truncated for display. 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