H.B. No. 1510
AN ACT
relating to the regulation of manufactured housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1201.2055(d), (e), and (g), Occupations
Code, are amended to read as follows:
(d) If an owner elects to treat a manufactured home as real
property, the department shall issue to the owner a certified copy
of the statement of ownership and location that on its face reflects
that the owner has elected to treat the manufactured home as real
property at the location listed on the statement. Not later than
the 60th day after the date the department issues a certified copy
of the statement of ownership and location to the owner, the owner
must:
(1) file the certified copy in the real property
records of the county in which the home is located; and
(2) notify the department and the chief appraiser of
the applicable appraisal district [tax assessor-collector] that
the certified copy has been filed.
(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 chief appraiser of the applicable appraisal
district [tax assessor-collector] have been notified of the filing
as provided by Subsection (d).
(g) After a real property election is perfected under
Subsection (e):
(1) the home is considered to be real property for all
purposes; and
(2) no additional issuance of a statement of ownership
and location is required with respect to the manufactured home,
unless:
(A) the home is moved from the location specified
on the statement of ownership and location;
(B) the real property election is changed; or
(C) the use of the property is changed as
described by Section 1201.216 [After the department and the tax
assessor-collector note in their records that a real property
election has been perfected, the home is considered to be real
property for all purposes].
SECTION 2. Section 1201.207(c), Occupations Code, is
amended to read as follows:
(c) Except with respect to any change in use, servicing of a
loan on a manufactured home, release of a lien on a manufactured
home by an authorized lienholder, or change in ownership of a lien
on a manufactured home, but subject to Section 1201.2075, if the
department has issued a statement of ownership and location for a
manufactured home, the department may issue a subsequent statement
of ownership and location for the home only if all parties reflected
in the department's records as having an interest in the
manufactured home give their written consent or release their
interest, either in writing or by operation of law, or the
department has followed the procedures provided by Section
1201.206(k) to document ownership and lien status. Once the
department issues a statement of ownership and location, the
department shall not alter the record of the ownership or lien
status, other than to change the record to accurately reflect the
proper owner's or lienholder's identity or to release a lien if an
authorized lienholder files with the department a request for that
release, of a manufactured home for any activity occurring before
the issuance of the statement of ownership and location without
either the written permission of the owner of record for the
manufactured home, their legal representative, or a court order.
SECTION 3. 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 4. 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 5. Section 1201.219, Occupations Code, is amended
by adding Subsection (b-1) and amending Subsections (c) and (d) to
read as follows:
(b-1) Notwithstanding any other law, a lien perfected with
the department may be released only by filing a request for the
release with the department on the form provided by the department
or by following the department's procedures for electronic lien
release on the department's Internet website. This subsection does
not apply to the release of a tax lien perfected with the
department.
(c) Notwithstanding any other provision of this section or
any other law, the filing of a lien security agreement on the
inventory of a retailer does not prevent a buyer in the ordinary
course of business, as defined by Section 1.201, Business &
Commerce Code, from acquiring good and marketable title free of
that lien, and the department may not consider that lien for the
purpose of title issuance.
(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. A tax lien perfected with the department may be released
only by filing with the department a tax certificate or tax paid
receipt in accordance with Section 32.015, Tax Code, by filing a
request for the release with the department on the form provided by
the department, or by following the department's procedures for
electronic tax lien release on the department's Internet website.
SECTION 6. 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 make available in
electronic format, or in hard-copy format on request, [provide] 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 7. 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 8. The following sections of the Occupations Code
are repealed:
(1) Section 1201.2055(f); and
(2) Section 1201.206(d).
SECTION 9. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1510 was passed by the House on March
30, 2011, by the following vote: Yeas 146, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1510 on May 2, 2011, by the following vote: Yeas 137, Nays 3, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1510 was passed by the Senate, with
amendments, on April 28, 2011, by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor