The Flood Disclosure Law in Texas
Expanded Disclosure for Home Sales
Under Senate Bill 339, authored by Sen. Joan Huffman and signed by Gov. Greg Abbott, Texas now requires sellers to provide more comprehensive flood risk information to buyers. Previously, disclosure was limited to whether a home was in a 100-year floodplain. Now, sellers must also reveal if the property lies in a 500-year floodplain, flood pool, is located in or near a reservoir, and whether it has ever flooded, even if just the yard or garage was affected.
Detailed Flood History Required
Sellers must now disclose any known history of flooding, not just for the house but for any part of the property. Whether water entered the garage, yard, or remained outside the home entirely, these details must be shared with prospective buyers. The law ensures greater transparency and helps buyers understand the full scope of a property’s flood risk.
Flood Risk Disclosure for Renters
As of January 1, 2022, Texas landlords are also required to inform prospective tenants about a property's flood risk. This includes disclosing whether the rental is in a 100-year floodplain or if it has flooded within the past five years. This requirement came from legislation passed during the 87th Texas Legislative Session.
Legal Consequences for Non-Disclosure
Failing to disclose flood risk can carry legal consequences. Sellers who knowingly omit flood history may face lawsuits from buyers. For rentals, if a landlord fails to provide the required disclosure and the unit floods, tenants have the right to terminate the lease, especially if they suffer substantial personal property loss (50% or more of value).
Texas Leads in Flood Disclosure Laws
Texas is now a national leader in flood disclosure transparency, joining only a few states like Louisiana, Mississippi, and Oklahoma with strong protections. In contrast, 21 states—including Florida, New York, and New Jersey—require no such disclosure, and only five others mandate flood disclosure for rental units.
Challenges in Implementation
Despite the legal progress, many buyers, sellers, and even real estate professionals are unfamiliar with terms like "floodplain", leading to confusion. Additionally, floodplain maps don’t always reflect a property's true flood risk, making it harder to assess vulnerability.
Conclusion
Texas now has some of the most robust flood disclosure laws in the country, aiming to protect homebuyers and renters through greater transparency. However, public education and clearer flood risk tools are still needed to ensure the law’s effectiveness.