Bill would exempt groundwater and surface water transfers from certain property-disclosure statutes
Sen. West’s SB 25 50 would exempt transfers of groundwater and surface water rights from a set of statutory disclosure requirements that apply to real property sales; proponents said the statutes were written for surface-use disclosures and unintentionally captured water/mineral rights, creating penalties for sellers.
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Senate Bill 25 50, carried by Senator West, would exempt transfers of groundwater and surface water rights from a group of statutory disclosure requirements that currently apply to real-property transactions. The sponsor said the bill arose from guidance provided by real-estate practitioners who observed that existing disclosure statutes use the term "real property," which under Texas law can include water rights.
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