Bill Text: TX HB1665 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to notice of water level fluctuations to purchasers of real property adjoining an impoundment of water.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Passed) 2015-06-18 - Effective on 9/1/15 [HB1665 Detail]
Download: Texas-2015-HB1665-Enrolled.html
| H.B. No. 1665 | ||
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| relating to notice of water level fluctuations to purchasers of | ||
| real property adjoining an impoundment of water. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 5, Property Code, is | ||
| amended by adding Section 5.019 to read as follows: | ||
| Sec. 5.019. NOTICE OF WATER LEVEL FLUCTUATIONS. (a) This | ||
| section applies only to the sale of residential or commercial real | ||
| property adjoining an impoundment of water, including a reservoir | ||
| or lake, constructed and maintained under Chapter 11, Water Code, | ||
| that has a storage capacity of at least 5,000 acre-feet at the | ||
| impoundment's normal operating level. | ||
| (b) A seller of real property shall give to the purchaser of | ||
| the property a written notice in substantially the following form: | ||
| NOTICE OF WATER LEVEL FLUCTUATIONS | ||
| The water level of the impoundment of water adjoining the | ||
| property at ______________ (street address and city) or described | ||
| as ______________ (legal description) fluctuates for various | ||
| reasons, including as a result of: | ||
| (1) an entity lawfully exercising its right to use the | ||
| water stored in the impoundment; or | ||
| (2) drought or flood conditions. | ||
| (c) The notice described by Subsection (b) shall be | ||
| delivered by the seller to the purchaser on or before the effective | ||
| date of an executory contract binding the purchaser to purchase the | ||
| property. | ||
| (d) If a contract is entered into without the seller | ||
| providing the notice within the period required by Subsection (c), | ||
| the purchaser may terminate the contract for any reason within | ||
| seven days after the date the purchaser receives: | ||
| (1) the notice described by Subsection (b) from the | ||
| seller; or | ||
| (2) information described by the notice under | ||
| Subsection (b) 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 water level | ||
| described by Subsection (b) fluctuates for various reasons, | ||
| including the reasons stated in Subsection (b). | ||
| SECTION 2. Section 5.019, Property Code, as added by this | ||
| Act, applies only to an executory contract entered into on or after | ||
| the effective date of this Act. An executory contract entered into | ||
| before the effective date of this Act is governed by the law as it | ||
| existed immediately before the effective date of this Act, and that | ||
| law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1665 was passed by the House on April | ||
| 23, 2015, by the following vote: Yeas 136, Nays 3, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1665 was passed by the Senate on May | ||
| 23, 2015, by the following vote: Yeas 31 | ||
| , Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
