What does the military notice in a Texas seller’s disclosure say?
Item 11 is a fixed statement in the statutory notice and in TREC’s form, with nothing for the seller to fill in. Section 5.008 of the Texas Property Code sets out the Seller’s Disclosure Notice, and TREC’s version of that form, No. 55-1, carries the same language:
“This property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations.”
The notice goes on to say that information about high noise and compatible use zones is in the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study for the installation. It says you can find those on the website of the installation and of the county and any city where the installation sits.
The form describes itself as a disclosure of the seller’s knowledge of the property’s condition as of the date the seller signs it, and it isn’t a warranty. At the bottom, the buyer signs a line that “acknowledges receipt of the foregoing notice.” The notice also says it isn’t a substitute for any inspections the buyer may wish to obtain, and a zone check is one more thing you may want.
The words are “may be located” and “may be affected.” The item doesn’t tell you whether this house sits in a noise contour or a safety zone. It tells you where to look.
I’d treat it as a lead for your own homework. It works like a note about a past roof repair that sends you to the inspector. Near JBSA-Randolph, the homework is the base’s AICUZ zones. And if you’re weighing a Schertz address against one closer to New Braunfels, do this check for each house before you compare them on price.
When should you see the seller’s disclosure?
If a contract is entered without the notice, Section 5.008 lets the buyer terminate for any reason within seven days after receiving it.
TREC’s resale contract, No. 20-19, and its Farm and Ranch Contract, No. 25-17, both put that in Paragraph 7B. If the contract shows you haven’t received the notice yet, the seller has a set number of days to deliver it. Once it arrives, you may terminate for any reason within 7 days, or before closing if that comes first, with your earnest money refunded. If it never arrives, you may terminate any time before closing with your earnest money refunded.
For the military notice, the practical point is timing. If you read item 11 before you sign, you have the most room to look up the zones and decide. If it comes later, the 7-day window and your option period are what you’re working with. Ask your agent which deadline applies, and what your termination rights are, before you count on either one.
New construction is different. Section 5.008 doesn’t apply to a new residence that has never been occupied, and TREC’s form page describes the notice as required of sellers of previously occupied single family homes. So on a never-occupied new home, don’t count on seeing item 11 at all. If you’re comparing builders near the base, the new construction guide covers the other questions to ask before you sign a builder contract, and the zone check belongs on that list too.
If you want a refresher on what you’re putting at risk once you sign, my post on earnest money in New Braunfels offers walks through it.
What are Randolph’s clear zones and accident potential zones?
They’re safety areas that run straight out from the ends of the runways. Universal City’s AICUZ page and the 2015 Randolph Joint Land Use Study describe the same three:
| Zone | Where it sits | Size |
|---|---|---|
| Clear Zone (CZ) | Right past the runway end, centered on the runway | 3,000 feet wide, 3,000 feet out |
| Accident Potential Zone I (APZ I) | Beyond the clear zone | 3,000 feet wide, 5,000 feet long |
| Accident Potential Zone II (APZ II) | Beyond APZ I | 3,000 feet wide, 7,000 feet long |
Both sources treat these zones as a land use and planning tool, meant to keep development near the runways compatible with flight operations.
Some of that land is in Schertz. Both the 2015 study and an April 2025 memo from the 502d Air Base Wing to the City of Schertz place land in Schertz inside Randolph’s accident potential zones. The memo cites the 2017 AICUZ study.
Noise reaches Schertz too. Both documents place land in Schertz inside Randolph’s 65 dB noise contour. The 2015 study predates the 2017 AICUZ study, so ask the city which maps are current before you rely on either one.
What does a 65 dB noise contour mean?
The contours use DNL, the day-night average sound level, which rolls a full day of noise into one number. HUD’s environmental rules use the same measure, and they show how HUD rates sites at different DNL levels.
Under HUD’s noise standards in 24 CFR Part 51, Subpart B, and HUD’s own summary of them:
| Day-night average sound level | HUD’s label | What HUD requires for new noise-sensitive construction it supports |
|---|---|---|
| 65 dB or less | Acceptable | Nothing extra |
| Above 65 dB up to 75 dB | Normally Unacceptable | Special approvals and environmental review, plus at least 5 dB of added sound attenuation above 65 dB and at least 10 dB above 70 dB |
| Above 75 dB | Unacceptable | Special approvals, environmental review and attenuation, and acceptance normally requires an environmental impact statement |
HUD’s summary says sites above 65 dB DNL are considered noise-impacted. HUD also sets an interior goal of 45 dB DNL. The table above is HUD’s treatment of new construction. HUD’s rule treats existing buildings and rehabilitation projects differently from new construction, and none of it governs a private sale without HUD involvement. The 65 dB line in the table is the same line the Randolph documents use.
If an address sits inside a 65 dB or higher contour, I’d ask different questions at the inspection. What kind of windows does the house have, and how well do they seal? How much attic insulation is there, and are there gaps around doors or vents? Ask the seller for any invoices for replacement windows or insulation, since those records tell you what was done and when. On a new build, ask the builder in writing whether the plans include any sound attenuation, and get the answer before you sign.
How do you check an address near Randolph before you commit?
Treat it like an inspection item with a deadline. Here’s the order I’d use:
- Use the current study. Universal City’s AICUZ page and the 2025 memo to Schertz both refer to the 2017 AICUZ study for Randolph. Ask whether anything newer has replaced it before you rely on it.
- Ask about the address. Ask the planning office of the city the house is in whether the lot sits in a clear zone or an accident potential zone under the current study.
- Check the noise contours. The zones and the noise contours are separate questions. Ask the city where the current contours fall relative to the lot.
- Visit at different times. One showing tells you little about how often aircraft pass over. Go back on a weekday and at a different time of day, and listen.
- Write down what you find. Keep the city’s answer and your notes with your contract file, so the answers are easy to find at resale.
If the house falls in a zone, weigh that against price, layout and your commute, and get the answer before your option period ends.
If the answer is unclear, don’t fill the gap with assumptions. Ask the city in writing, save the reply, and talk with your agent about whether you need more time before your deadline. A short email works: give the street address and the parcel number from the listing, ask whether the lot falls in a clear zone, an accident potential zone or a noise contour under the current AICUZ study, and ask which study edition the answer is based on. Keep that reply with the seller’s disclosure, so the two documents sit together in your file.
If you’re relocating on orders, my posts on military relocation and buying in New Braunfels and VA occupancy rules before a PCS cover the timing side. For Schertz itself, start with the Cibolo and Schertz community page, then bring your address questions to the contract stage.
