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HB 1221, if passed, would modify the Property Code (Section
5.008) to add an additional requirement of notice regarding a disclosure of
real property subject to groundwater regulation. Namely, the bill would require
that real property located within a groundwater conservation district, a
subsidence district, or other special purpose district with the authority to
regulate the withdrawal of groundwater have a disclaimer which states that this
is the case.
HB 1221 does not create a new form, but rather adds one line
to the notice which is already required under the Property Code. On the one
hand, the bill could be regarded as a form of consumer protection. On the
other, we are inclined to believe that those doing their due diligence should
be aware of the various special districts in Texas. Ultimately, because of the
minor change made, and because the property regime itself is not substantively
modified, we are neutral on HB 1221.