Texas 2025 - 89th Regular

Texas Senate Bill SB1341 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hancock S.B. No. 1341
2		-	(McQueeney)
3	2
4	3
5	4
6	5
7	6		A BILL TO BE ENTITLED
8	7		AN ACT
9	8		relating to the regulation of manufactured homes.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Section 9.102(53), Business & Commerce Code, is
12	11		amended to read as follows:
13	12		(53) "Manufactured home" has the meaning assigned by
14	13		42 U.S.C. Section 5402(6) [means a structure, transportable in one
15	14		or more sections, that, in the traveling mode, is eight body feet or
16	15		more in width or 40 body feet or more in length, or, when erected on
17	16		site, is 320 or more square feet, and that is built on a permanent
18	17		chassis and designed to be used as a dwelling with or without a
19	18		permanent foundation when connected to the required utilities, and
20	19		includes the plumbing, heating, air-conditioning, and electrical
21	20		systems contained therein. The term includes any structure that
22	21		meets all of the requirements of this subdivision except the size
23	22		requirements and with respect to which the manufacturer voluntarily
24	23		files a certification required by the United States secretary of
25	24		housing and urban development and complies with the standards
26	25		established under Title 42 of the United States Code].
27	26		SECTION 2. Section 1201.003(12), Occupations Code, is
28	27		amended to read as follows:
29	28		(12) "HUD-code manufactured home" has the meaning
30	29		assigned by 42 U.S.C. Section 5402(6). The term[:
31	30		[(A) means a structure:
32	31		[(i) constructed on or after June 15, 1976,
33	32		according to the rules of the United States Department of Housing
34	33		and Urban Development;
35	34		[(ii) built on a permanent chassis;
36	35		[(iii) designed for use as a dwelling with
37	36		or without a permanent foundation when the structure is connected
38	37		to the required utilities;
39	38		[(iv) transportable in one or more
40	39		sections; and
41	40		[(v) in the traveling mode, at least eight
42	41		body feet in width or at least 40 body feet in length or, when
43	42		erected on site, at least 320 square feet;
44	43		[(B) includes the plumbing, heating, air
45	44		conditioning, and electrical systems of the home; and
46	45		[(C)] does not include a recreational vehicle as
47	46		defined by 24 C.F.R. Section 3282.15(b) [3282.8(g)].
48	47		SECTION 3. Section 1201.103(a-1), Occupations Code, is
49	48		amended to read as follows:
50	49		(a-1) All required records of a licensee under Subsection
51	50		(a) are to be maintained at the licensee's principal office or such
52	51		other location [within this state] as the licensee may designate. A
53	52		licensee may maintain required records under this subsection
54	53		electronically if the licensee can produce the record on request by
55	54		the department for review.
56	55		SECTION 4. Section 1201.162(a), Occupations Code, is
57	56		amended to read as follows:
58	57		(a) Before the completion of a credit application or [more
59	58		than one day] before entering into any agreement for a sale or
60	59		exchange that will not be financed, the retailer must provide to the
61	60		consumer a written disclosure in the form promulgated by the board.
62	61		The disclosure shall be in at least 12-point type and must address
63	62		matters of concern relating to costs and obligations that may be
64	63		associated with home ownership, matters to be considered in making
65	64		financing decisions, related costs that may arise when purchasing a
66	65		manufactured home, and such other matters as the board may deem
67	66		appropriate to promote informed purchase, financing, and related
68	67		decisions regarding the acquisition and ownership of a manufactured
69	68		home. The form shall also conspicuously disclose the consumer's
70	69		right of rescission.
71	70		SECTION 5. Section 1201.164, Occupations Code, is amended
72	71		to read as follows:
73	72		Sec. 1201.164. CONSUMER MODIFICATION OR WAIVER OF RIGHT OF
74	73		RESCISSION [ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE
75	74		STATEMENTS; OFFER BY RETAILER]. [(a) In a transaction that is to
76	75		be financed and that will not be subject to the federal Real Estate
77	76		Settlement Procedures Act of 1974 (Pub. L. No. 93-533) and its
78	77		implementing regulations, a retailer shall deliver to a consumer at
79	78		least 24 hours before the sales purchase contract is fully executed
80	79		the contract, with all required information included, signed by the
81	80		retailer. The delivery of the contract, with all required
82	81		information included, signed by the retailer constitutes a firm
83	82		offer by the retailer. Except as provided for by Subsection (b),
84	83		the consumer may accept the offer not earlier than 24 hours after
85	84		the delivery of the contract. If the consumer has not accepted the
86	85		offer within 72 hours after the delivery of the contract, the
87	86		retailer may withdraw the offer.
88	87		[(b)] Before the execution of the sales purchase contract,
89	88		the consumer may modify or waive the right to rescind [and the
90	89		deadlines for disclosures that are provided by Subsection (a)] if
91	90		the consumer determines that the purchase of the manufactured home
92	91		is needed to meet a bona fide personal emergency. If the consumer
93	92		has a bona fide personal emergency that necessitates the immediate
94	93		purchase of the manufactured home, the consumer shall give the
95	94		retailer a dated written statement that describes the emergency,
96	95		specifically modifies or waives the [notice periods and any] right
97	96		of rescission, and bears the signature of all of the consumers
98	97		entitled to the [disclosures and] right of rescission. In such
99	98		event the retailer shall immediately give the consumer all of the
100	99		disclosures required by this code and sell the manufactured home
101	100		without [the required waiting periods or] the right of rescission.
102	101		The department shall verify with the consumer the consumer's bona
103	102		fide personal emergency before issuing the statement of ownership.
104	103		SECTION 6. This Act takes effect September 1, 2025.