82R9864 JAM-F
By: Deshotel H.B. No. 2693
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of manufactured housing by the Texas
Department of Licensing and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.0521, Government Code, is amended
to read as follows:
Sec. 2306.0521. ORGANIZATIONAL FLEXIBILITY OF DEPARTMENT.
[(a)] Notwithstanding [Section 2306.021(b) or] any other provision
of this chapter, the director, with the approval of the board, may:
(1) create divisions [in addition to those listed in
Section 2306.021(b)] and assign to the newly created divisions any
duties and powers imposed on or granted to an existing division or
the department generally;
(2) eliminate any division [listed in Section
2306.021(b) or] created under this section and assign any duties or
powers previously assigned to the eliminated division to another
division [listed in Section 2306.021(b) or] created under this
section; or
(3) eliminate all divisions [listed in Section
2306.021(b) or] created under this section and reorganize the
distribution of powers and duties granted to or imposed on a
division in any manner the director determines appropriate for the
proper administration of the department.
[(b) This section does not apply to the manufactured housing
division.]
SECTION 2. Section 2306.591(a), Government Code, is amended
to read as follows:
(a) For a manufactured home to be approved for installation
and use as a dwelling in a colonia:
(1) the home must be a HUD-code manufactured home, as
defined by Section 1201.003, Occupations Code;
(2) the home must be habitable, as described by
Section 1201.453, Occupations Code; and
(3) ownership of the home must be properly recorded
with the Texas Department of Licensing and Regulation [manufactured
housing division of the department].
SECTION 3. Section 1201.003, Occupations Code, is amended
by adding Subdivision (7-a) and amending Subdivisions (10) and (11)
to read as follows:
(7-a) "Commission" means the Texas Commission of
Licensing and Regulation.
(10) "Department" means the Texas Department of
Licensing and Regulation [Housing and Community Affairs operating
through its manufactured housing division].
(11) "Director" means the executive director of the
department [manufactured housing division of the Texas Department
of Housing and Community Affairs].
SECTION 4. Section 1201.053(a), Occupations Code, is
amended to read as follows:
(a) The commission [board] shall adopt rules and otherwise
act as necessary to:
(1) comply with the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. Section
5401 et seq.), including adopting and enforcing rules reasonably
required to implement the notification and correction procedures
provided by 42 U.S.C. Section 5414; and
(2) provide for the effective enforcement of all
HUD-code manufactured housing construction and safety standards in
order to have the state plan authorized by the National
Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. Section 5401 et seq.) approved by the secretary of
housing and urban development.
SECTION 5. Sections 1201.054(b) and (c), Occupations Code,
are amended to read as follows:
(b) If requested, the commission [board] shall, after at
least 10 days' notice, hold a hearing on any rule that it proposes
to adopt, other than a rule that is to be adopted under emergency
rulemaking, in which case only the requirements of Chapter 2001,
Government Code, shall apply.
(c) A rule takes effect on the 30th day after the date of
publication of notice that the rule has been adopted, except that a
rule relating to installation standards may not take effect earlier
than the 60th day after the date of publication of notice unless the
commission [board] has determined that an earlier effective date is
required to meet an emergency and the standard was adopted under the
emergency rulemaking provisions of Chapter 2001, Government Code.
SECTION 6. Sections 1201.055(a), (c), and (d), Occupations
Code, are amended to read as follows:
(a) With guidance from the federal Housing and Community
Development Act of 1974 (42 U.S.C. Section 5301 et seq.) and from
the rules and regulations adopted under the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
Section 5401 et seq.), the commission [board] shall establish fees
as follows:
(1) if the department acts as a design approval
primary inspection agency, a schedule of fees for the review of
HUD-code manufactured home blueprints and supporting information,
to be paid by the manufacturer seeking approval of the blueprints
and supporting information;
(2) except as provided by Subsection (e), a fee for the
inspection of each HUD-code manufactured home manufactured or
assembled in this state, to be paid by the manufacturer of the home;
(3) a fee for the inspection of an alteration made to
the structure or plumbing, heating, or electrical system of a
HUD-code manufactured home, to be charged on an hourly basis and to
be paid by the person making the alteration;
(4) a fee for the inspection of the rebuilding of a
salvaged manufactured home, to be paid by the rebuilder;
(5) a fee for the inspection of a used manufactured
home to determine whether the home is habitable for the issuance of
a new statement of ownership and location; and
(6) a fee for the issuance of a seal for a used mobile
or HUD-code manufactured home.
(c) The commission [board] shall establish a fee for the
inspection of the installation of a mobile or HUD-code manufactured
home, to be paid by the installer of the home.
(d) The commission [board] shall charge a fee for a consumer
complaint home inspection requested by a manufacturer or retailer
under Section 1201.355(b), to be paid by the manufacturer or
retailer.
SECTION 7. Section 1201.056, Occupations Code, is amended
to read as follows:
Sec. 1201.056. LICENSE FEES. The commission [board] shall
establish fees for the issuance and renewal of licenses for:
(1) manufacturers;
(2) retailers;
(3) brokers;
(4) salespersons;
(5) rebuilders; and
(6) installers.
SECTION 8. Section 1201.057, Occupations Code, is amended
to read as follows:
Sec. 1201.057. INSTRUCTION FEE. The commission [board]
shall charge a fee to each person attending a course of instruction
described by Section 1201.104.
SECTION 9. Sections 1201.058(a), (d), and (e), Occupations
Code, are amended to read as follows:
(a) The commission [board] shall establish reasonable fees
for all matters under this chapter providing for fees. If the
department's rules provide an option to file a document
electronically, the department may charge a discounted fee for the
electronic filing.
(d) Notwithstanding Subsection (c), the director may, in
limited and appropriate circumstances and in accordance with rules
adopted by the commission [board], approve the refund of fees.
(e) If the governor by executive order or proclamation
declares a state of disaster under Chapter 418, Government Code,
the director, in accordance with rules adopted by the commission
[board], may waive the imposition of any fee under this chapter in
the affected area.
SECTION 10. Sections 1201.104(e) and (f), Occupations Code,
are amended to read as follows:
(e) The commission [board] shall adopt rules relating to
course content and approval.
(f) An applicant for an initial installer's license shall
receive a license on a provisional basis. The person's provisional
status remains in effect until a sufficient number of installations
completed by the person have been inspected by the department and
found not to have any identified material violations of the
department's rules. The commission [board], with the advice of the
advisory committee to be established under Section 1201.251, shall
adopt rules to establish what constitutes a sufficient number of
installations under this subsection.
SECTION 11. Section 1201.105(c), Occupations Code, is
amended to read as follows:
(c) If the department experiences significant problems in
obtaining timely reimbursements from a surety or the surety has
experienced a deterioration in its financial condition, the
commission [board] may direct the director to stop accepting bonds
issued by the surety.
SECTION 12. Section 1201.113(a), Occupations Code, is
amended to read as follows:
(a) The commission [board] shall approve or administer
continuing education programs for licensees under this chapter. A
continuing education program must be at least eight hours long and
must include the current rules of the department and such other
matters as the commission [board] may deem relevant.
SECTION 13. Section 1201.118, Occupations Code, is amended
to read as follows:
Sec. 1201.118. RULES RELATING TO CERTAIN PERSONS. The
commission [board] shall adopt rules providing for additional
review and scrutiny of any application for an initial or renewal
license that involves a person who has previously:
(1) been found in a final order to have participated in
one or more violations of this chapter that served as grounds for
the suspension or revocation of a license;
(2) been found to have engaged in activity subject to
this chapter without possessing the required license;
(3) caused the trust fund to incur unreimbursed
payments or claims; or
(4) failed to abide by the terms of a final order,
including the payment of any assessed administrative penalties.
SECTION 14. Section 1201.1521(b), Occupations Code, is
amended to read as follows:
(b) Subject to rules adopted by the commission [board], a
consumer may waive a right of rescission in the event of a bona fide
emergency. Such rules shall, to the extent practical, be modeled
on the federal rules for the waiver of a right of rescission under
12 C.F.R. Part 226.
SECTION 15. Section 1201.162(a), Occupations Code, is
amended to read as follows:
(a) Before the completion of a credit application or more
than one day before entering into any agreement for a sale,
exchange, or the exercise of the lease purchase option that will not
be financed, the retailer must provide to the consumer a written
disclosure in the form promulgated by the commission [board]. The
disclosure shall be in at least 12-point type and must address
matters of concern relating to costs and obligations that may be
associated with home ownership, matters to be considered in making
financing decisions, related costs that may arise when purchasing a
manufactured home, and such other matters as the commission [board]
may consider [deem] appropriate to promote informed purchase,
financing, and related decisions regarding the acquisition and
ownership of a manufactured home. The form shall also
conspicuously disclose the consumer's right of rescission.
SECTION 16. Section 1201.203, Occupations Code, is amended
to read as follows:
Sec. 1201.203. FORMS; RULES. (a) The commission [board]
shall adopt rules and forms relating to:
(1) the manufacturer's certificate;
(2) the statement of ownership and location;
(3) the application for a statement of ownership and
location; and
(4) the issuance of an initial or revised statement of
ownership.
(b) The commission [board] shall adopt rules for the
documenting of the ownership and location of a manufactured home
that has been previously owned in this state or another state. The
rules must protect a lienholder recorded with the department.
SECTION 17. Section 1201.205, Occupations Code, is amended
to read as follows:
Sec. 1201.205. STATEMENT OF OWNERSHIP AND LOCATION FORM. A
statement of ownership and location must be evidenced by a
commission-approved [board-approved] form issued by the department
setting forth:
(1) the name and address of the seller and the name
and, if it is different from the location of the home, the mailing
address of the new owner;
(2) the manufacturer's name and address and any model
designation, if available;
(3) in accordance with the commission's [board's]
rules:
(A) the outside dimensions of the manufactured
home when installed for occupancy, as measured to the nearest
one-half foot at the base of the home, exclusive of the tongue or
other towing device; and
(B) the approximate square footage of the home
when installed for occupancy;
(4) the identification number for each section or
module of the home;
(5) the physical address where the home is installed
for occupancy, including the name of the county, and, if it is
different from the physical address, the mailing address of the
owner of the home;
(6) in chronological order of recordation, the date of
each lien, other than a tax lien, on the home and the name and
address of each lienholder, or, if a lien is not recorded, a
statement of that fact;
(7) a statement regarding tax liens as follows:
"On January 1st of each year, a new tax lien comes into
existence on a manufactured home in favor of each taxing unit having
jurisdiction where the home is actually located on January 1st. In
order to be enforced, any such lien must be recorded with the Texas
Department of Licensing and Regulation [Housing and Community
Affairs - Manufactured Housing Division] as provided by law. You
may check that department's [division's] records through its
website or contact that department [division] to learn any recorded
tax liens. To find out about the amount of any unpaid tax
liabilities, contact the tax office for the county where the home
was actually located on January 1st of that year.";
(8) a statement that if two or more eligible persons,
as determined by Section 1201.213, file with the application for
the issuance of a statement of ownership and location an agreement
signed by all the persons providing that the home is to be held
jointly with a right of survivorship, the director shall issue the
statement of ownership and location in all the names;
(9) the location of the home;
(10) a statement of whether the owner has elected to
treat the home as real property or personal property;
(11) statements of whether the home is a salvaged
manufactured home and whether the home is reserved for business use
only; and
(12) any other information the commission [board]
requires.
SECTION 18. The heading to Section 1201.251, Occupations
Code, is amended to read as follows:
Sec. 1201.251. STANDARDS AND REQUIREMENTS ADOPTED BY
COMMISSION [BOARD].
SECTION 19. Sections 1201.251(a), (d), and (e), Occupations
Code, are amended to read as follows:
(a) The commission [board] shall adopt standards and
requirements for:
(1) the installation and construction of manufactured
housing that are reasonably necessary to protect the health,
safety, and welfare of the occupants and the public; and
(2) the construction of HUD-code manufactured homes in
compliance with the federal standards and requirements established
under the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. Section 5401 et seq.).
(d) In order to ensure that the determinations required by
this section are properly made by qualified persons:
(1) the commission's [board's] rules may provide for
the approval of foundation systems and devices that have been
approved by licensed engineers; and
(2) any generic installation standards promulgated by
rule shall first be reviewed by an advisory committee established
by the commission [board] comprised of representatives of
manufacturers, installers, and manufacturers of stabilization
systems or devices, including one or more licensed engineers.
(e) The advisory committee established by Subsection (d)
shall make a report to the commission [board] setting forth each
comment and concern over any proposed rules. The members of the
committee do not have any [shall have no] personal liability for
providing this advice.
SECTION 20. Section 1201.252(a), Occupations Code, is
amended to read as follows:
(a) A local governmental unit of this state may not adopt a
standard for the construction or installation of manufactured
housing in the local governmental unit that is different from a
standard adopted by the commission [board] unless, after a hearing,
the commission [board] expressly approves the proposed standard.
SECTION 21. Section 1201.254, Occupations Code, is amended
to read as follows:
Sec. 1201.254. EFFECTIVE DATE OF REQUIREMENT OR STANDARD.
Each requirement or standard that is adopted, modified, amended, or
repealed by the commission [board] must state its effective date.
SECTION 22. Section 1201.255(b), Occupations Code, is
amended to read as follows:
(b) An installer may not install a used manufactured home at
a location on a site that has evidence of ponding, runoff under
heavy rains, or bare uncompacted soil unless the installer first
obtains the owner's signature on a form promulgated by the
commission [board] disclosing that such conditions may contribute
to problems with the stabilization system for that manufactured
home, including possible damage to that home, and the owner accepts
that risk.
SECTION 23. Sections 1201.302(a) and (b), Occupations Code,
are amended to read as follows:
(a) To ensure that a manufactured home sold or installed in
this state complies with the standards code, the director may by
contract provide for a federal agency or an agency or political
subdivision of this state or another state to perform an inspection
or inspection program under this chapter or under rules adopted by
the commission [board].
(b) On request, the department shall authorize a local
governmental unit in this state to perform an inspection or
enforcement activity related to the construction of a foundation
system or the erection or installation of manufactured housing at a
homesite under a contract or other official designation and rules
adopted by the commission [board]. The department may withdraw the
authorization if the local governmental unit fails to follow the
rules, interpretations, and written instructions of the
department.
SECTION 24. Section 1201.405(g), Occupations Code, is
amended to read as follows:
(g) The commission [board] by rule may place reasonable
limits on the costs that may be approved for payment from the trust
fund, including the costs of reassigned warranty work, and require
consumers making claims that may be subject to reimbursement from
the trust fund to provide estimates establishing that the cost will
be reasonable. Such rules may also specify such procedures and
requirements as the commission [board] may deem necessary and
advisable for the administration of the trust fund.
SECTION 25. Section 1201.407(e), Occupations Code, is
amended to read as follows:
(e) The final determination may be appealed to the
commission [board] on or before the 10th day after the date of its
issuance by giving written notice to the director, who shall place
the matter before the commission [board] at the next meeting held on
a date for which the matter could be publicly posted as required by
Chapter 551, Government Code.
SECTION 26. Section 1201.513(b), Occupations Code, is
amended to read as follows:
(b) A retailer may not knowingly permit a consumer to occupy
a manufactured home that is the subject of a sale, exchange, or
lease-purchase to that consumer before the closing of any required
financing unless the consumer is first given a form adopted by the
commission [board] disclosing that if for any reason the financing
does not close, the consumer may be required to vacate the home.
SECTION 27. Section 1201.552, Occupations Code, is amended
to read as follows:
Sec. 1201.552. LICENSE REVOCATION, SUSPENSION, OR DENIAL;
HEARING. The director may issue an order to revoke, suspend, or
deny a new or renewal license. If, before the 31st day after an
order revoking, suspending, or denying a license is issued, the
person against whom the order is issued requests a hearing by giving
written notice to the director, the director shall set a hearing
before the State Office of Administrative Hearings. If the person
does not request a hearing before the 31st day after the date the
order is issued, the order becomes final. Any administrative
proceedings relating to the revocation, suspension, or denial of a
license under this subsection shall be a contested case under
Chapter 2001, Government Code. The commission [board] shall issue
an order after receiving a proposal for decision.
SECTION 28. Section 1201.553, Occupations Code, is amended
to read as follows:
Sec. 1201.553. JUDICIAL REVIEW. Judicial review of any
order, decision, or determination of the commission [board] is
instituted by filing a petition with a district court in Travis
County as provided by Chapter 2001, Government Code.
SECTION 29. Section 1201.605(d), Occupations Code, is
amended to read as follows:
(d) The director may impose an administrative penalty in
accordance with this section. If, before the 31st day after the
date a person receives notice of the imposition of an
administrative penalty, the person requests a hearing by giving
written notice to the director, the director shall set a hearing
before the State Office of Administrative Hearings. If the person
does not request a hearing before the 31st day after the date the
person receives notice of the imposition of the administrative
penalty, the penalty becomes final. Any administrative proceedings
relating to the imposition of an administrative penalty under this
subsection shall be a contested case under Chapter 2001, Government
Code. The commission [board] shall issue an order after receiving a
proposal for decision.
SECTION 30. Section 1201.607, Occupations Code, is amended
to read as follows:
Sec. 1201.607. ISSUANCE OF ORDERS AND REQUESTS FOR
HEARINGS. Any order issued by the director under this chapter, if
not appealed before the 31st day after the date the order was
issued, shall automatically become a final order. If the person
made the subject of the order files a written request for a hearing
with the director, the order shall be deemed to have been appealed
and shall be a contested case under Chapter 2001, Government Code.
The director shall set any appealed order for a hearing before the
State Office of Administrative Hearings, and the commission [board]
shall issue a final order after receiving and reviewing the
proposal for decision issued pursuant to such hearing.
SECTION 31. Section 1201.608(c), Occupations Code, is
amended to read as follows:
(c) The department may carry out "sting" or undercover
investigations in accordance with commission-adopted
[board-adopted] rules if the director believes such action to be
appropriate in order to detect and address suspected violations of
this chapter.
SECTION 32. Section 1201.610(c), Occupations Code, is
amended to read as follows:
(c) An order issued under Subsection (a) or (b) must contain
a reasonably detailed statement of the facts on which the order is
based. If a person against whom the order is issued requests a
hearing before the 31st day after the date the order is issued, the
director shall set and give notice of a hearing. The hearing shall
be governed by Chapter 2001, Government Code. Based on the findings
of fact, conclusions of law, and recommendations of the hearings
officer, the commission [board] by order may find that a violation
has occurred or has not occurred.
SECTION 33. Section 1201.611(a), Occupations Code, is
amended to read as follows:
(a) The commission [board] shall adopt rules relating to the
administrative sanctions that may be enforced against a person
regulated by the department.
SECTION 34. Section 11.432(a), Tax Code, is amended to read
as follows:
(a) For a manufactured home to qualify for an exemption
under Section 11.13, the application for the exemption must be
accompanied by a copy of the statement of ownership and location for
the manufactured home issued by the [manufactured housing division
of the] Texas Department of Licensing and Regulation [Housing and
Community Affairs] under Section 1201.207, Occupations Code,
showing that the individual applying for the exemption is the owner
of the manufactured home or be accompanied by a verified copy of the
purchase contract showing that the applicant is the purchaser of
the manufactured home, unless a photostatic copy of the current
title page for the home is displayed on the computer website of the
Texas Department of Licensing and Regulation [Housing and Community
Affairs]. The appraisal district may rely upon the computer
records of the Texas Department of Licensing and Regulation
[Housing and Community Affairs] to determine whether a manufactured
home qualifies for an exemption.
SECTION 35. Section 23.127(a)(4), Tax Code, is amended to
read as follows:
(4) "Department" means the Texas Department of
Licensing and Regulation [Housing and Community Affairs].
SECTION 36. Sections 32.03(a-2), (b), and (e), Tax Code,
are amended to read as follows:
(a-2) A person may not transfer ownership of a manufactured
home until all tax liens perfected on the home that have been timely
filed with the Texas Department of Licensing and Regulation
[Housing and Community Affairs] have been extinguished or satisfied
and released and any personal property taxes on the manufactured
home which accrued on each January 1 that falls within the 18 months
preceding the date of the sale have been paid. This subsection does
not apply to the sale of a manufactured home in inventory.
(b) A bona fide purchaser for value or the holder of a lien
recorded on a manufactured home statement of ownership and location
is not required to pay any taxes that have not been recorded with
the Texas Department of Licensing and Regulation [Housing and
Community Affairs]. In this section, manufactured home has the
meaning assigned by Section 32.015(b). Unless a tax lien has been
filed timely with the Texas Department of Licensing and Regulation
[Housing and Community Affairs], no taxing unit, nor anyone acting
on its behalf, may use a tax warrant or any other method to attempt
to execute or foreclose on the manufactured home.
(e) If personal property taxes on a manufactured home have
not been levied by the taxing unit, the taxing unit shall provide,
upon request, an estimated amount of taxes computed by multiplying
the taxable value of the manufactured home, according to the most
recent certified appraisal roll for the taxing unit, by the taxing
unit's adopted tax rate for the preceding tax year. In order to
enable the transfer of the manufactured home, the tax collector
shall accept the payment of the estimated personal property taxes
and issue a certification to the Texas Department of Licensing and
Regulation [Housing and Community Affairs] that the estimated taxes
are being held in escrow until the taxes are levied. Once the taxes
are levied, the tax collector shall apply the escrowed sums to the
levied taxes. At the time the tax collector accepts the payment of
the taxes, the tax collector shall provide notice that the payment
of the estimated taxes is an estimate that may be raised once the
appraisal rolls for the year are certified and that the new owner
may be liable for the payment of any difference between the tax
established by the certified appraisal roll and the estimate
actually paid.
SECTION 37. Section 623.094(a), Transportation Code, is
amended to read as follows:
(a) Except as authorized by Section 623.095, the department
may issue a permit only to:
(1) a person licensed by the Texas Department of
Licensing and Regulation [Housing and Community Affairs] as a
manufacturer, retailer, or installer; or
(2) motor carriers registered with the department.
SECTION 38. The following laws are repealed:
(1) Section 2306.067(d), Government Code;
(2) Subchapter AA, Chapter 2306, Government Code; and
(3) Section 1201.003(5), Occupations Code.
SECTION 39. On the effective date of this Act:
(1) the manufactured housing division of the Texas
Department of Housing and Community Affairs and the Manufactured
Housing Board within that department, as they exist immediately
before the effective date of this Act, are each abolished and the
offices of the members of the board serving on that date are
abolished;
(2) all powers, duties, functions, and activities
performed by the manufactured housing division immediately before
the effective date of this Act are transferred to the Texas
Department of Licensing and Regulation;
(3) all employees of the manufactured housing division
become employees of the Texas Department of Licensing and
Regulation, to be assigned duties by the executive director of the
department;
(4) a rule or form of the manufactured housing
division is a rule or form of the Texas Department of Licensing and
Regulation and remains in effect until changed by the department;
(5) a reference in law to the manufactured housing
division means the Texas Department of Licensing and Regulation;
(6) a reference in a law or rule to the Manufactured
Housing Board means the Texas Commission of Licensing and
Regulation;
(7) a reference in law to the executive director of the
manufactured housing division means the executive director of the
Texas Department of Licensing and Regulation;
(8) a license, permit, or certification in effect that
was issued by the manufactured housing division is continued in
effect as a license, permit, or certification of the Texas
Department of Licensing and Regulation;
(9) a complaint, investigation, or other proceeding
pending before the manufactured housing division is transferred
without change in status to the Texas Department of Licensing and
Regulation;
(10) all obligations, rights, and contracts of the
manufactured housing division are transferred to the Texas
Department of Licensing and Regulation; and
(11) all property, including records and money, in the
custody of the manufactured housing division and all funds
appropriated by the legislature for use by the manufactured housing
division shall be transferred to the Texas Department of Licensing
and Regulation.
SECTION 40. A member of the advisory committee described by
Section 1201.251, Occupations Code, who was appointed by the
Manufactured Housing Board before the effective date of this Act
shall continue to perform the member's duties under Sections
1201.251 and 1201.104, Occupations Code, as amended by this Act,
under the direction of the Texas Commission of Licensing and
Regulation until the expiration of the member's term.
SECTION 41. This Act takes effect September 1, 2011.