Bill Text: TX HB3839 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to requiring notices of property located in floodplains, flood pools, or reservoirs to be provided by sellers of real property and on subdivision plats.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-19 - Referred to Business & Industry [HB3839 Detail]

Download: Texas-2019-HB3839-Introduced.html
  86R87 NC-D
 
  By: Murphy H.B. No. 3839
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring notices of property located in floodplains,
  flood pools, or reservoirs to be provided by sellers of real
  property and on subdivision plats.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 212.004, Local Government Code, is
  amended by amending Subsection (b) and adding Subsection (f) to
  read as follows:
         (b)  To be recorded, the plat must:
               (1)  describe the subdivision by metes and bounds;
               (2)  locate the subdivision with respect to a corner of
  the survey or tract or an original corner of the original survey of
  which it is a part; [and]
               (3)  state the dimensions of the subdivision and of
  each street, alley, square, park, or other part of the tract
  intended to be dedicated to public use or for the use of purchasers
  or owners of lots fronting on or adjacent to the street, alley,
  square, park, or other part; and
               (4)  include a certification by a surveyor or engineer
  registered to practice in this state describing any area of the
  subdivision that is in a 100-year floodplain, 500-year floodplain,
  flood pool, or reservoir or stating that no area is in a 100-year
  floodplain, 500-year floodplain, flood pool, or reservoir.
         (f)  In this section, "100-year floodplain," "500-year
  floodplain," "flood pool," and "reservoir" have the meanings
  assigned by Section 5.020, Property Code.
         SECTION 2.  Section 232.001, Local Government Code, is
  amended by amending Subsection (b) and adding Subsection (g) to
  read as follows:
         (b)  To be recorded, the plat must:
               (1)  describe the subdivision by metes and bounds;
               (2)  locate the subdivision with respect to an original
  corner of the original survey of which it is a part; [and]
               (3)  state the dimensions of the subdivision and of
  each lot, street, alley, square, park, or other part of the tract
  intended to be dedicated to public use or for the use of purchasers
  or owners of lots fronting on or adjacent to the street, alley,
  square, park, or other part; and
               (4)  include a certification by a surveyor or engineer
  registered to practice in this state describing any area of the
  subdivision that is in a 100-year floodplain, 500-year floodplain,
  flood pool, or reservoir or stating that no area is in a 100-year
  floodplain, 500-year floodplain, flood pool, or reservoir.
         (g)  In this section, "100-year floodplain," "500-year
  floodplain," "flood pool," and "reservoir" have the meanings
  assigned by Section 5.020, Property Code.
         SECTION 3.  Section 232.021, Local Government Code, is
  amended by amending Subdivisions (1) and (4) and adding
  Subdivisions (1-a) and (8-a) to read as follows:
               (1)  "100-year floodplain" and "500-year floodplain"
  have the meanings assigned by Section 5.020, Property Code.
               (1-a)  "Board" means the Texas Water Development Board.
               (4)  "Flood pool" has the meaning assigned by Section
  5.020, Property Code ["Floodplain" means any area in the 100-year
  floodplain that is susceptible to being inundated by water from any
  source or that is identified by the Federal Emergency Management
  Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
  Sections 4001 through 4127)].
               (8-a)  "Reservoir" has the meaning assigned by Section
  5.020, Property Code.
         SECTION 4.  Section 232.023(b), Local Government Code, is
  amended to read as follows:
         (b)  A plat required under this section must:
               (1)  be certified by a surveyor or engineer registered
  to practice in this state;
               (2)  define the subdivision by metes and bounds;
               (3)  locate the subdivision with respect to an original
  corner of the original survey of which it is a part;
               (4)  describe each lot, number each lot in progression,
  and give the dimensions of each lot;
               (5)  state the dimensions of and accurately describe
  each lot, street, alley, square, park, or other part of the tract
  intended to be dedicated to public use or for the use of purchasers
  or owners of lots fronting on or adjacent to the street, alley,
  square, park, or other part;
               (6)  include or have attached a document containing a
  description in English and Spanish of the water and sewer
  facilities and roadways and easements dedicated for the provision
  of water and sewer facilities that will be constructed or installed
  to service the subdivision and a statement specifying the date by
  which the facilities will be fully operable;
               (7)  have attached a document prepared by an engineer
  registered to practice in this state certifying that the water and
  sewer service facilities proposed under Subdivision (6) are in
  compliance with the model rules adopted under Section 16.343, Water
  Code, and a certified estimate of the cost to install water and
  sewer service facilities;
               (8)  provide for drainage in the subdivision to:
                     (A)  avoid concentration of storm drainage water
  from each lot to adjacent lots;
                     (B)  provide positive drainage away from all
  buildings; and
                     (C)  coordinate individual lot drainage with the
  general storm drainage pattern for the area;
               (9)  include a description of the drainage requirements
  as provided in Subdivision (8);
               (10)  identify the topography of the area;
               (11)  include a certification by a surveyor or engineer
  registered to practice in this state describing any area of the
  subdivision that is in a 100-year floodplain, 500-year floodplain,
  flood pool, or reservoir or stating that no area is in a 100-year
  floodplain, 500-year floodplain, flood pool, or reservoir; and
               (12)  include certification that the subdivider has
  complied with the requirements of Section 232.032 and that:
                     (A)  the water quality and connections to the lots
  meet, or will meet, the minimum state standards;
                     (B)  sewer connections to the lots or septic tanks
  meet, or will meet, the minimum requirements of state standards;
                     (C)  electrical connections provided to the lot
  meet, or will meet, the minimum state standards; and
                     (D)  gas connections, if available, provided to
  the lot meet, or will meet, the minimum state standards.
         SECTION 5.  Section 232.024(b), Local Government Code, is
  amended to read as follows:
         (b)  If any part of a plat applies to land intended for
  residential housing and any part of that land lies in a 100-year
  floodplain, the commissioners court shall not approve the plat
  unless:
               (1)  the subdivision is developed in compliance with
  the minimum requirements of the National Flood Insurance Program
  and local regulations or orders adopted under Section 16.315, Water
  Code; and
               (2)  the plat evidences a restrictive covenant
  prohibiting the construction of residential housing in any area of
  the subdivision that is in a 100-year floodplain unless the housing
  is developed in compliance with the minimum requirements of the
  National Flood Insurance Program and local regulations or orders
  adopted under Section 16.315, Water Code.
         SECTION 6.  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)
 
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
 
__ Previous Flooding __ Radon Gas
 
__ Improper Drainage __ Lead Based Paint
 
__ Water Penetration __ Aluminum Wiring
 
[__ Located in 100-Year __ Previous Fires
 
   Floodplain]
 
__ Present Flood Insurance __ Unplatted Easements
 
   Coverage
 
__ 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?
  Write Yes (Y) if you are aware, write No (N) if you are not aware.
 
 
__ 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.
 
__ Homeowners' Association or maintenance fees or assessments.
 
__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
 
__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
 
__ Any lawsuits directly or indirectly affecting the Property.
 
__ Any condition on the Property which materially affects the physical health or safety of an individual.
 
__ 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.
 
__ Any portion of the property that is located in a groundwater conservation district or a subsidence district.
  If the answer to any of the above is yes, explain.  (Attach
  additional sheets if necessary):  ______________________________
  ________________________________________________________________
  ________________________________________________________________
  7.  If the property is located in a coastal area that is seaward of
  the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
  tide bordering the Gulf of Mexico, the property may be subject to
  the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,
  Natural Resources Code, respectively) and a beachfront
  construction certificate or dune protection permit may be required
  for repairs or improvements.  Contact the local government with
  ordinance authority over construction adjacent to public beaches
  for more information.
  8.  This property may be located near a military installation and
  may be affected by high noise or air installation compatible use
  zones or other operations.  Information relating to high noise and
  compatible use zones is available in the most recent Air
  Installation Compatible Use Zone Study or Joint Land Use Study
  prepared for a military installation and may be accessed on the
  Internet website of the military installation and of the county and
  any municipality in which the military installation is located.
  _______________         ________________________________________
  Date                     Signature of Seller
  The undersigned purchaser hereby acknowledges receipt of the
  foregoing notice.
  _______________         ________________________________________
  Date                     Signature of Purchaser
         SECTION 7.  Subchapter A, Chapter 5, Property Code, is
  amended by adding Section 5.020 to read as follows:
         Sec. 5.020.  NOTICE OF FLOODPLAIN, FLOOD POOL, OR RESERVOIR.
  (a)  In this section:
               (1)  "100-year floodplain" means any area of land that
  is identified as an area that has a one percent chance of being
  inundated by a flood event each year on a flood insurance rate map.
               (2)  "500-year floodplain" means any area of land that
  is identified as an area that has a two-tenths of one percent chance
  of being inundated by a flood event each year on a flood insurance
  rate map.
               (3)  "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.
               (4)  "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.). 
               (5)  "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.
         (b)  This section applies only to the sale of residential or
  commercial real property located in a 100-year floodplain, 500-year
  floodplain, flood pool, or reservoir.
         (c)  On or before the date a seller of real property and a
  purchaser enter into a contract binding the purchaser to purchase
  the property, the seller shall give to the purchaser a signed,
  written notice in substantially the following form:
  NOTICE OF FLOODPLAIN, FLOOD POOL, OR RESERVOIR
         The property at ______________ (street address and city) or
  described as ______________ (legal description) is located (check
  as applicable):
         ( ) wholly  ( ) partly in a 100-year floodplain
         ( ) wholly  ( ) partly in a 500-year floodplain
         ( ) wholly  ( ) partly in a flood pool
         ( ) wholly  ( ) partly in a reservoir
         _______________________
         (Purchaser's signature)
         _______________
         (Date)
         _______________________
         (Seller's signature)
         ______________
         (Date)
         (d)  If a contract is entered into without the seller
  providing the notice required by this section, the purchaser may
  terminate the contract for any reason within seven days after the
  date the purchaser receives:
               (1)  the notice from the seller; or
               (2)  information described by the notice under
  Subsection (c) from any other person.
         (e)  After the date of the conveyance, the purchaser may
  bring an action for misrepresentation against the seller if the
  seller:
               (1)  failed to provide the notice before the date of the
  conveyance; and
               (2)  had actual knowledge that the property was located
  in a 100-year floodplain, 500-year floodplain, flood pool, or
  reservoir.
         SECTION 8.  (a)  The changes in law made by this Act to
  Sections 212.004, 232.001, 232.021, and 232.023, Local Government
  Code, apply only to a subdivision plat application submitted for
  approval on or after the effective date of this Act. A subdivision
  plat application submitted for approval before the effective date
  of this Act is governed by the law in effect on the date the
  application was submitted, and that law is continued in effect for
  that purpose.
         (b)  The changes in law made by this Act in amending Section
  5.008, Property Code, and adding Section 5.020, Property Code,
  apply only to a contract for the sale of real property entered into
  on or after the effective date of this Act. A contract entered into
  before the effective date of this Act is governed by the law in
  effect on the date the contract was entered into, and that law is
  continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2019.
feedback