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HB 3467

AN ACT relating to the disclosure by a seller of certain real property to

House Bill Goodwin
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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What This Bill Does

Requires sellers of real property containing or adjacent to state water to provide purchasers with a written notice explaining the process for obtaining a permit from the Texas Commission on Environmental Quality (TCEQ) to store, take, or divert state water. The notice, which will be standardized by the TCEQ, aims to inform property buyers about legal requirements and permit procedures for water usage on or near their potential property. The requirement will apply to property sales with binding contracts executed on or after January 1, 2026.

Subject Areas

Bill Text

relating to the disclosure by a seller of certain real property to
the purchaser of the property of information regarding the process
for obtaining a permit from the Texas Commission on Environmental
Quality for the storage, taking, or diversion of state 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 5.0111 to read as follows:
Sec. 5.0111.  SELLER'S NOTICE REGARDING APPROPRIATION OF
STATE WATER.  A person who sells an interest in real property in
this state that contains or is adjacent to state water shall give to
the purchaser of the property a written notice that conforms to the
standard notice adopted by the Texas Commission on Environmental
Quality under Section 11.121, Water Code, relating to the
SECTION 2.  Section 11.121, Water Code, is amended to read as
Sec. 11.121.  PERMIT REQUIRED; NOTICE TO CERTAIN PURCHASERS
OF REAL PROPERTY.  (a)  Except as provided in Sections 11.1405,
11.142, 11.1421, 11.1422, and 18.003, no person may appropriate any
state water or begin construction of any work designed for the
storage, taking, or diversion of water without first obtaining a
permit from the commission to make the appropriation.
(b)  The commission by rule shall adopt a standard notice for
a purchaser of real property that contains or is adjacent to state
water.  The notice must be designed to inform a purchaser of:
(1)  the requirements of this section; and
(2)  the process by which a person may obtain from the
commission a permit authorizing the storage, taking, or diversion
SECTION 3.  Section 5.0111, Property Code, as added by this
Act, applies only to a sale or conveyance of property for which a
binding contract is executed on or after January 1, 2026.  A sale or
conveyance for which a binding contract is executed before that
date is governed by the law in effect on the date the contract is
executed, and the former law is continued in effect for that
SECTION 4.  Not later than December 31, 2025, the Texas
Commission on Environmental Quality shall adopt the notice required
by Section 11.121, Water Code, as amended by this Act.
SECTION 5.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to the disclosure by a seller of certain real property to