82R3997 AJZ-F
By: Hamilton H.B. No. 1510
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of manufactured housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1201.2055(e), Occupations Code, is
amended to read as follows:
(e) A real property election for a manufactured home is not
considered to be perfected [real property] until a certified copy
of the statement of ownership and location has been filed and the
department and the tax assessor-collector have been notified of the
filing as provided by Subsection (d).
SECTION 2. Section 1201.2076(a), Occupations Code, is
amended to read as follows:
(a) The department may not issue a statement of ownership
and location for a manufactured home that is being converted from
real property to personal property until the department has
inspected the home and determined that it is habitable and [has
notified the appropriate tax assessor-collector of the conversion
and]:
(1) each lien, including a tax lien, on the home is
released by the lienholder; or
(2) each lienholder, including a taxing unit, gives
written consent, to be placed on file with the department.
SECTION 3. Section 1201.217(a), Occupations Code, is
amended to read as follows:
(a) The owner of real property on which a manufactured home
owned by another is located may declare the home abandoned as
provided by this section if:
(1) the home has been continuously unoccupied for at
least four months; and
(2) any indebtedness secured by the [manufactured]
home or related to a lease agreement between the owner of the real
property and the owner of the home is considered [also] delinquent.
SECTION 4. Section 1201.219(d), Occupations Code, is
amended to read as follows:
(d) A [Except as provided by Subsection (a), a] tax lien on a
manufactured home not held in a retailer's inventory is perfected
only by filing with the department the notice of the tax lien on a
form provided by the department in accordance with the requirements
of Chapter 32, Tax Code. The form must require the disclosure of
the original dollar amount of the tax lien and the name and address
of the person in whose name the manufactured home is listed on the
tax roll. The department shall disclose on its Internet website
the date of each tax lien filing, the original amount of the tax
lien claimed by each filing, and the fact that the amount shown does
not include additional sums, including interest, penalties, and
attorney's fees. The statement required by Section 1201.205(7) is
notice to all persons that the tax lien exists. A tax lien recorded
with the department has priority over another lien or claim against
the manufactured home. Tax liens shall be filed by the tax
collector for any taxing unit having the power to tax the
manufactured home. A single filing by a tax collector is a filing
for all the taxing units for which the tax collector is empowered to
collect.
SECTION 5. Section 1201.220, Occupations Code, is amended
to read as follows:
Sec. 1201.220. REPORT TO CHIEF APPRAISER [COUNTY TAX
ASSESSOR-COLLECTOR]. [(a)] The department shall provide in
electronic format, or in hard-copy format on request, to each chief
appraiser of an appraisal district [county tax assessor-collector]
in this state a monthly report that, for each manufactured home
reported as having been installed during the preceding month in the
county for which the district was established [during the preceding
month] and for each manufactured home previously installed in the
county for which a transfer of ownership was recorded by the
issuance of a statement of ownership and location during the
preceding month, lists:
(1) the name of the owner of the home;
(2) the name of the manufacturer of the home, if
available;
(3) the model designation of the home, if available;
(4) the identification number of each section or
module of the home;
(5) the address or location where the home was
reported as installed; and
(6) the reported date of the installation of the home.
[(b) The director shall provide a copy of the report to the
chief appraiser of the appraisal district established for the
county in which the home is reported as installed.]
SECTION 6. Section 1201.452(b), Occupations Code, is
amended to read as follows:
(b) If the home does not have the appropriate seal or label,
the person must:
(1) apply to the department for a seal; and
(2) pay the fee[; and
[(3) submit to the department a copy of any written
disclosure required under Section 1201.455(a)].
SECTION 7. The following sections of the Occupations Code
are repealed:
(1) Section 1201.2055(f); and
(2) Section 1201.206(d).
SECTION 8. This Act takes effect September 1, 2011.