Texas Property Transfer: What you need to know

Governing Law and Regulations

Deed notations:

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Waste disposal and deed recording requirements: 30 Texas Administrative Code (TAC) 335.5

Municipal solid waste: 30 TAC 330.19 and 30 TAC 330.171(c)(3)(C)

Coal mining: 16 TAC 12.817

State environmental lien: Texas Health and Safety Code (H&SC) 361.194

Regulatory Agencies

Texas Commission on Environmental Quality (TCEQ) Office of Waste

Railroad Commission of Texas (RRC)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Texas does not have its own property transfer law and generally follows the federal rules for hazardous waste facilities. However, the state does require industrial solid waste facility and municipal hazardous waste facility owners and operators to make a notation on the property deed before waste disposal may take place. See the national section PROPERTY TRANSFER for more information about federal requirements.

The state may also place a lien on property to recover its expenses for any environmental cleanup, which lien may affect a clear title to the property at the time of transfer.

Texas also administers the Abandoned Mine Land Reclamation Program, which includes requirements for transfer of ownership.

Administration and enforcement. TCEQ's Office of Waste administers and enforces the recording and closure requirements in Texas. RRC is responsible for maintaining or renewing liens from time to time, as may be required under the Abandoned Mine Land Reclamation Program.

State Requirements


Texas has established deed notation requirements for industrial solid waste, municipal hazardous waste, and municipal solid waste ...

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State Requirements

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Texas Property Transfer Resources

Forms Well Disclosure Certificate

Property Transfer Products

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