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San Antonio REALTORS® Fight Unfair Disclosure Requirements

By HOM Editorial Team
July 2015

The San Antonio Board of REALTORS® is working against a disclosure bill in the state Legislature that only masks a problem for homeowners.

The bill, HB 1639, would require people who sell property in certain areas to disclose whether the property is in an “accident potential zone,” a “clear zone,” or a “high noise zone.” The only sellers who would be required to make this particular disclosure are those selling residential or commercial property within three miles of Lackland Air Force Base (now part of Joint Base San Antonio).

There are many military installations in Texas. REALTORS® have supported a statewide disclosure requirement, instead of one that is narrowly focused on one area.

Initially, Air Force bases and other military installations were located in isolated areas away from civilian populations. As urban sprawl and population growth have increased, more and more homes and businesses are being built to service military installations and provide housing. The military argued that property sellers should be required to disclose the fact that the presence of the military base is a risk zone for air accidents and crashes as well as a source for high noise levels.

The San Antonio Board of REALTORS® agrees that there is a risk with the crash zones, but this risk should have been dealt with through zoning and urban planning. Unfortunately, it was not — the community grew and residences were built close to the base. Now, the base has become a nuisance and a hazard. A disclosure form is really not a solution to the problem.

The bill to require the disclosure passed the House and received a favorable Senate committee recommendation, but it is not on the calendar for a final vote. With the Legislature nearly at adjournment, it is unlikely the bill will pass in 2015.

The San Antonio Board of REALTORS® recognizes that community planning is a process that helps the community achieve goals that are important to its citizens and to the community at large. Over time, these goals will likely change, as the economics and characteristics of the community change. These changing circumstances pose ever-changing challenges for REALTORS® — challenges being met through the advocacy of REALTORS® for the San Antonio area.

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