Texas 2025 - 89th Regular

Texas House Bill HB3527 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3175 JG-D
2	2	By: McQueeney H.B. No. 3527
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of manufactured homes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 9.102(53), Business & Commerce Code, is
12	12	amended to read as follows:
13	13	(53) "Manufactured home" has the meaning assigned by
14	14	42 U.S.C. Section 5402(6) [means a structure, transportable in one
15	15	or more sections, that, in the traveling mode, is eight body feet or
16	16	more in width or 40 body feet or more in length, or, when erected on
17	17	site, is 320 or more square feet, and that is built on a permanent
18	18	chassis and designed to be used as a dwelling with or without a
19	19	permanent foundation when connected to the required utilities, and
20	20	includes the plumbing, heating, air-conditioning, and electrical
21	21	systems contained therein. The term includes any structure that
22	22	meets all of the requirements of this subdivision except the size
23	23	requirements and with respect to which the manufacturer voluntarily
24	24	files a certification required by the United States secretary of
25	25	housing and urban development and complies with the standards
26	26	established under Title 42 of the United States Code].
27	27	SECTION 2. Section 1201.003(12), Occupations Code, is
28	28	amended to read as follows:
29	29	(12) "HUD-code manufactured home" has the meaning
30	30	assigned by 42 U.S.C. Section 5402(6). The term [:
31	31	[(A) means a structure:
32	32	[(i) constructed on or after June 15, 1976,
33	33	according to the rules of the United States Department of Housing
34	34	and Urban Development;
35	35	[(ii) built on a permanent chassis;
36	36	[(iii) designed for use as a dwelling with
37	37	or without a permanent foundation when the structure is connected
38	38	to the required utilities;
39	39	[(iv) transportable in one or more
40	40	sections; and
41	41	[(v) in the traveling mode, at least eight
42	42	body feet in width or at least 40 body feet in length or, when
43	43	erected on site, at least 320 square feet;
44	44	[(B) includes the plumbing, heating, air
45	45	conditioning, and electrical systems of the home; and
46	46	[(C)] does not include a recreational vehicle as
47	47	defined by 24 C.F.R. Section 3282.15(b) [3282.8(g)].
48	48	SECTION 3. Section 1201.103(a-1), Occupations Code, is
49	49	amended to read as follows:
50	50	(a-1) All required records of a licensee under Subsection
51	51	(a) are to be maintained at the licensee's principal office or such
52	52	other location [within this state] as the licensee may designate. A
53	53	licensee may maintain required records under this subsection
54	54	electronically if the licensee can produce the record on request by
55	55	the department for review.
56	56	SECTION 4. Section 1201.162(a), Occupations Code, is
57	57	amended to read as follows:
58	58	(a) Before the completion of a credit application or [more
59	59	than one day] before entering into any agreement for a sale or
60	60	exchange that will not be financed, the retailer must provide to the
61	61	consumer a written disclosure in the form promulgated by the board.
62	62	The disclosure shall be in at least 12-point type and must address
63	63	matters of concern relating to costs and obligations that may be
64	64	associated with home ownership, matters to be considered in making
65	65	financing decisions, related costs that may arise when purchasing a
66	66	manufactured home, and such other matters as the board may deem
67	67	appropriate to promote informed purchase, financing, and related
68	68	decisions regarding the acquisition and ownership of a manufactured
69	69	home. The form shall also conspicuously disclose the consumer's
70	70	right of rescission.
71	71	SECTION 5. Section 1201.164, Occupations Code, is amended
72	72	to read as follows:
73	73	Sec. 1201.164. CONSUMER MODIFICATION OR WAIVER OF RIGHT OF
74	74	RESCISSION [ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE
75	75	STATEMENTS; OFFER BY RETAILER]. [(a) In a transaction that is to
76	76	be financed and that will not be subject to the federal Real Estate
77	77	Settlement Procedures Act of 1974 (Pub. L. No. 93-533) and its
78	78	implementing regulations, a retailer shall deliver to a consumer at
79	79	least 24 hours before the sales purchase contract is fully executed
80	80	the contract, with all required information included, signed by the
81	81	retailer. The delivery of the contract, with all required
82	82	information included, signed by the retailer constitutes a firm
83	83	offer by the retailer. Except as provided for by Subsection (b),
84	84	the consumer may accept the offer not earlier than 24 hours after
85	85	the delivery of the contract. If the consumer has not accepted the
86	86	offer within 72 hours after the delivery of the contract, the
87	87	retailer may withdraw the offer.
88	88	[(b)] Before the execution of the sales purchase contract,
89	89	the consumer may modify or waive the right to rescind [and the
90	90	deadlines for disclosures that are provided by Subsection (a)] if
91	91	the consumer determines that the purchase of the manufactured home
92	92	is needed to meet a bona fide personal emergency. If the consumer
93	93	has a bona fide personal emergency that necessitates the immediate
94	94	purchase of the manufactured home, the consumer shall give the
95	95	retailer a dated written statement that describes the emergency,
96	96	specifically modifies or waives the [notice periods and any] right
97	97	of rescission, and bears the signature of all of the consumers
98	98	entitled to the [disclosures and] right of rescission. In such
99	99	event the retailer shall immediately give the consumer all of the
100	100	disclosures required by this code and sell the manufactured home
101	101	without [the required waiting periods or] the right of rescission.
102	102	The department shall verify with the consumer the consumer's bona
103	103	fide personal emergency before issuing the statement of ownership.
104	104	SECTION 6. This Act takes effect September 1, 2025.