SB2266 - Relating to a seller's disclosure regarding real property located within a certain distance of a state or federal superfund site.

  89R12315 RAL-D     By: Cook S.B. No. 2266       A BILL TO BE ENTITLED   AN ACT   relating to a seller's disclosure regarding real property located   within a certain distance of a state or federal superfund site.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 5, Property Code, is   amended by adding Section 5.0131 to read as follows:           Sec.   5.0131.     SELLER'S DISCLOSURE REGARDING SUPERFUND SITE.   (a)   In this section:                 (1)     "Federal superfund site"   means a facility that is   on the National Priorities List established under Section 105 of   the federal Comprehensive Environmental Response, Compensation,   and Liability Act of 1980 (42 U.S.C. Section 9605).                 (2)     "State superfund site"   means a facility that is   listed on the state registry established under Section 361.181,   Health and Safety Code.           (b)     A person who sells an interest in real property located   five miles or less from a state or federal superfund site shall give   to the purchaser of the property a written notice:                 (1)  disclosing for any such site:                       (A)  the name of the site;                       (B)     the county, zip code, and city, if any, where   the site is located; and                       (C)     the minimum distance from the property to the   site;                 (2)  stating:                       (A)     the definition of a state or federal   superfund site, as applicable; and                       (B)     that soil, groundwater, and groundwater   wells on the property may be contaminated by the site; and                 (3)  providing:                       (A)     the uniform resource locator (URL) address of   an Internet website maintained by the United States Environmental   Protection Agency where the purchaser can search by site name,   city, county, or zip code for:                             (i)     detailed information about a federal   superfund site disclosed under Subdivision (1); and                             (ii)     the human exposure environmental   indicator for a site disclosed under Subdivision (1);                       (B)     the uniform resource locator (URL) address of   an Internet website maintained by the Texas Commission on   Environmental Quality where the purchaser can search by site name,   county, or congressional, house, or senate district for information   about a state superfund site disclosed under Subdivision (1); and                       (C)     information on the feasibility and potential   cost of connecting the property to an available public water   source, if that information is readily available to the seller.           (c)     The seller shall give the notice to the purchaser before   the effective date of an executory contract binding the purchaser   to purchase the property.   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 not later than the 14th   day after the effective date of the contract.          SECTION 2.  The changes in law made by this Act apply only to   a contract for the sale of real property entered into on or after   the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.