costs and reasonable attorney's fees as are just and equitable. Previously, the award of such costs and fees was discretionary.


SB 710 — Disclosure regarding Single Drain Pools: A seller of real property must now disclose to the purchaser whether the property has a single, blockable main drain in the pool, hot tub, or spa. This require- ment does not apply to the sale of a new residence of not more than one dwelling unit that has not previously been occupied for residential purposes. (However, most municipalities already require at least two drains in all newly constructed pools).


SB 1368 — Authority to Encumber Property by Co-Owner: A co-owner of residential property may act in the name of and on behalf of another co-owner, whether known or unknown, as the co-owner's statutory agent and attorney-in-fact for limited purposes. Such authority is granted if the co-owner has occupied the property for more than five years, the co-owner has a residence homestead exemption on the subject property, the co-owner has paid all ad valorem taxes without delinquency and without contribution from the other co-owner for the previous five years, and the occupying co-owner files the documents required by statute.


OSHA — Fall Protection: In addition to these new state laws, the Occupational Safety & Health Administration recently passed sweeping new regulations regarding fall protection on residential construction projects. These new regulations substantially impact safety requirements on job sites and subject employers to new obligations, fines, and penalties. As Texas is fairing better than most other states during the housing crunch, it can be anticipated that OSHA officers will be active in Texas to enforce these new regulations.


__________________________


Stephen Polozola is an attorney and shareholder with Decker, Jones, McMackin, McClane, Hall & Bates P.C. in Fort Worth and focuses his practice on residential construction. The commentary implies no specific legal advice and is not intended to create an attorney-client relationship between Mr. Polozola, his firm, and the readers of this publication.


You may contact Mr. Polozola at 817-336-2400 or spolozola@deckerjones.com


Vol 4 2011 GREATER DFW METROPLEX BUILDING SAVVY MAGAZINE 7


LEGAL PERSPECTIVE


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