| 1 | 1 | | 83R10880 AJZ-D |
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| 2 | 2 | | By: Larson H.B. No. 610 |
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| 3 | 3 | | Substitute the following for H.B. No. 610: |
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| 4 | 4 | | By: Gutierrez C.S.H.B. No. 610 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to an exemption from license requirements for the sale of |
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| 10 | 10 | | certain manufactured housing. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 1201, Occupations Code, |
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| 13 | 13 | | is amended by adding Section 1201.1025 to read as follows: |
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| 14 | 14 | | Sec. 1201.1025. EXEMPTION FROM RETAILER'S LICENSE |
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| 15 | 15 | | REQUIREMENT. (a) In this section, "qualifying sale" means a sale |
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| 16 | 16 | | of two or more manufactured homes that are: |
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| 17 | 17 | | (1) considered to be personal property; and |
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| 18 | 18 | | (2) sold in a single transaction as part of a |
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| 19 | 19 | | manufactured home community as defined by Section 94.001, Property |
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| 20 | 20 | | Code. |
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| 21 | 21 | | (b) Notwithstanding any other law, in any 12-month period a |
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| 22 | 22 | | person is exempt from holding a retailer's license as required by |
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| 23 | 23 | | Section 1201.101(b) if during that period the person: |
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| 24 | 24 | | (1) makes not more than two qualifying sales; and |
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| 25 | 25 | | (2) does not sell any manufactured home other than |
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| 26 | 26 | | through those qualifying sales. |
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| 27 | 27 | | (c) The department by rule shall develop a form necessary |
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| 28 | 28 | | for a person to establish eligibility for the exemption provided by |
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| 29 | 29 | | this section. |
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| 30 | 30 | | (d) A person who is eligible for an exemption under this |
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| 31 | 31 | | section remains subject to the other applicable provisions of this |
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| 32 | 32 | | subchapter regarding the sale of manufactured homes. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to the sale of manufactured homes on or after the effective date of |
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| 35 | 35 | | this Act. A sale of manufactured homes before that date is governed |
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| 36 | 36 | | by the law in effect on the date of the sale, and the former law is |
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| 37 | 37 | | continued in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2013. |
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