Bill Text: TX HB2019 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of manufactured homes.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB2019 Detail]
Download: Texas-2017-HB2019-Comm_Sub.html
Bill Title: Relating to the regulation of manufactured homes.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB2019 Detail]
Download: Texas-2017-HB2019-Comm_Sub.html
By: King of Uvalde, et al. (Senate Sponsor - Estes) | H.B. No. 2019 | |
(In the Senate - Received from the House April 26, 2017; | ||
May 4, 2017, read first time and referred to Committee on Business & | ||
Commerce; May 15, 2017, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 15, 2017, sent to printer.) | ||
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relating to the regulation of manufactured homes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1201.003, Occupations Code, is amended | ||
by amending Subdivisions (1), (6), (7), (8), (19), (23), (24), | ||
(26), (30), and (32) and adding Subdivisions (9-a), (21-a), and | ||
(26-a) to read as follows: | ||
(1) "Advertisement" means a commercial message that | ||
promotes the sale or[ |
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manufactured home and that is presented on radio, television, a | ||
public-address system, or electronic media or appears in a | ||
newspaper, a magazine, a flyer, a catalog, direct mail literature, | ||
an inside or outside sign or window display, point-of-sale | ||
literature, a price tag, or other printed material. The term does | ||
not include educational material or material required by law. | ||
(6) "Broker" means a person engaged by one or more | ||
other persons to negotiate or offer to negotiate a bargain or | ||
contract for the sale or[ |
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manufactured home for which a certificate or other document of | ||
title has been issued and is outstanding. The term does not | ||
include a person who maintains a location for the display of | ||
manufactured homes. | ||
(7) "Business use" means the use of a manufactured | ||
home in conjunction with operating a business, for a purpose other | ||
than as a permanent or temporary residential dwelling. | ||
(8) "Consumer" means a person, other than a person | ||
licensed under this chapter, who seeks to acquire or acquires by | ||
purchase or[ |
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(9-a) "Credit transaction" has the meaning assigned by | ||
Section 347.002(a)(3), Finance Code. | ||
(19) "Manufacturer" means a person who constructs or | ||
assembles manufactured housing for sale or[ |
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(21-a) "Nonresidential use" means use of a | ||
manufactured home for a purpose other than as a permanent or | ||
temporary residential dwelling. | ||
(23) "Related person" means a person who: | ||
(A) directly [ |
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management or policy decisions; and | ||
(B) is designated by an entity and satisfies the | ||
requirements of Sections 1201.104 and 1201.113 on behalf of the | ||
entity, if the entity is licensed or seeking licensure under this | ||
chapter. | ||
(24) "Retailer" means a person who: | ||
(A) is engaged in the business of buying for | ||
resale, selling, or exchanging manufactured homes or offering | ||
manufactured homes for sale or[ |
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consumers, including a person who maintains a location for the | ||
display of manufactured homes; and | ||
(B) sells or[ |
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at least two manufactured homes to consumers in a 12-month period. | ||
(26) "Salesperson" means a person who, as an employee | ||
or agent of a retailer or broker, sells [ |
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offers to sell [ |
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consumer. | ||
(26-a) "Sales purchase contract" means the contract | ||
between a retailer and a consumer for the purchase of a manufactured | ||
home from the retailer. | ||
(30) "Statement of ownership [ |
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statement issued by the department and setting forth: | ||
(A) the ownership [ |
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manufactured home in this state as provided by Section 1201.205; | ||
and | ||
(B) other information required by this chapter. | ||
(32) "Used manufactured home" means a manufactured | ||
home which has been occupied for any use or for which a statement of | ||
ownership [ |
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include: | ||
(A) a manufactured home that was used as a sales | ||
model at a licensed retail location; or | ||
(B) a manufactured home that: | ||
(i) was sold as a new manufactured home and | ||
installed but never occupied; | ||
(ii) had a statement of ownership [ |
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(iii) was taken back from the consumer or | ||
transferee because of a first payment default or agreement to | ||
rescind or unwind the transaction. | ||
SECTION 2. Subchapter A, Chapter 1201, Occupations Code, is | ||
amended by adding Section 1201.010 to read as follows: | ||
Sec. 1201.010. ELECTRONIC PUBLIC RECORDS REQUIRED. The | ||
department shall provide to the public through the department's | ||
Internet website searchable and downloadable information regarding | ||
manufactured home ownership records, lien records, installation | ||
records, license holder records, and enforcement actions. | ||
SECTION 3. Section 1201.054, Occupations Code, is amended | ||
by adding Subsection (d) to read as follows: | ||
(d) To maintain affordability of manufactured homes in this | ||
state, the board shall: | ||
(1) conduct a cost benefit analysis for any rule, | ||
process, or policy change that will increase a fee or another | ||
incurred cost by more than $50 for license holders or consumers; and | ||
(2) present at the next board meeting an analysis | ||
detailing whether the need for the rule, process, or policy change | ||
justifies the increase. | ||
SECTION 4. Section 1201.055(a), Occupations Code, is | ||
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 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 retailer; | ||
(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 [ |
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(6) a fee for the issuance of a seal for a used mobile | ||
or HUD-code manufactured home. | ||
SECTION 5. Sections 1201.101(b), (c), and (g), Occupations | ||
Code, are amended to read as follows: | ||
(b) Except as otherwise provided by this chapter, a person | ||
may not sell or[ |
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or[ |
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to consumers in this state in a 12-month period unless the person | ||
holds a retailer's license. | ||
(c) A person may not offer to negotiate or negotiate for | ||
others a bargain or contract for the sale or [ |
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this state in a 12-month period unless the person holds a broker's | ||
license. | ||
(g) A person may not make an announcement concerning the | ||
sale or[ |
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exchange[ |
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this state through an advertisement unless the person holds a | ||
manufacturer's, retailer's, or broker's license. This subsection | ||
does not apply to: | ||
(1) a person exempt from licensing; or | ||
(2) an advertisement concerning real property on which | ||
there is a manufactured home that has been converted to real | ||
property in accordance with Section 1201.2055. | ||
SECTION 6. Section 1201.102, Occupations Code, is amended | ||
by adding Subsection (c-1) and amending Subsection (d) to read as | ||
follows: | ||
(c-1) An individual who is listed as an owner, principal, | ||
partner, corporate officer, registered agent, or related person of | ||
an entity that is licensed as a retailer or broker may act on behalf | ||
of that license holder in the capacity of a retailer, broker, or | ||
salesperson without holding the appropriate license if at least one | ||
individual who is listed as an owner, principal, partner, corporate | ||
officer, registered agent, or related person of the entity has | ||
satisfied the requirements of Sections 1201.104 and 1201.113. | ||
(d) A person who holds a real estate broker's or | ||
salesperson's license under Chapter 1101 may act as a broker or | ||
salesperson under this chapter without holding a license or filing | ||
a bond or other security as required by this chapter if negotiations | ||
for the sale or[ |
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home are conducted for a consumer for whom the person is also acting | ||
as a real estate broker or salesperson under Chapter 1101 | ||
consistent with Section 1201.007. | ||
SECTION 7. Sections 1201.104(a-1), (a-2), and (h), | ||
Occupations Code, are amended to read as follows: | ||
(a-1) If the applicant is not an individual, the applicant | ||
must have at least one related person who satisfies the | ||
requirements of Subsection (a). If that applicant is applying for a | ||
retailer's license, the related person must be a management | ||
official who satisfies the requirements of Subsections (a) and | ||
(a-2) for [ |
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(a-2) An applicant for a retailer's license must complete | ||
four hours of specialized instruction relevant to the sale and [ |
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exchange[ |
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instruction under this subsection is in addition to the instruction | ||
required under Subsection (a). | ||
(h) An examination must be a requirement of successful | ||
completion of any initial required course of instruction under this | ||
section. The period needed to complete an examination under this | ||
subsection may not be used to satisfy the minimum education | ||
requirements under Subsection (a), (a-2), (a-3), or (a-4). If the | ||
examination failure rate exceeds 25 percent, the board shall: | ||
(1) review the examination and the examination | ||
procedures; and | ||
(2) adopt rules intended to maintain the historical | ||
passage rate for the examination. | ||
SECTION 8. Section 1201.105(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The department may not issue or renew a license unless a | ||
bond or other security in a form prescribed by the director is filed | ||
with the department as provided by this subchapter. The bond or | ||
other security is payable to the manufactured homeowner consumer | ||
claims program [ |
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SECTION 9. Section 1201.106(a-1), Occupations Code, is | ||
amended to read as follows: | ||
(a-1) Notwithstanding the provisions of Subsection (a), the | ||
director may require additional security for the licensing, | ||
renewal, or relicensing of a person, or the sponsoring of a | ||
salesperson, who, either directly, as a related person, or through | ||
a related person, has been the subject of a license revocation, has | ||
caused the manufactured homeowner consumer claims program [ |
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available surety bond coverage, or has failed to pay an | ||
administrative penalty that has been assessed by final order. | ||
SECTION 10. Sections 1201.107(b) and (d), Occupations Code, | ||
are amended to read as follows: | ||
(b) Property used for the business that is not contiguous | ||
to, or located within 300 feet of, a bonded location requires a | ||
separate bond. A location at which a manufactured home is shown to | ||
the public or at which the home is offered for sale or[ |
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(d) If a retailer or broker offers for sale or participates | ||
in any way in the sale of a manufactured home at a location other | ||
than an undivided parcel of real property where more than one | ||
manufactured home is located and offered for sale or[ |
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retailer or broker must: | ||
(1) identify the bond on file with the department in | ||
conjunction with that person's license; and | ||
(2) provide contractually in the sales transaction | ||
that the identified bond applies to the sale. | ||
SECTION 11. Section 1201.111(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) Notwithstanding any other provision of this chapter, a | ||
state or national bank, state or federal savings and loan | ||
association, federal savings bank, or state or federal credit union | ||
engaged in the business of selling or[ |
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acquired through repossession of collateral is not required to | ||
attend a course of instruction or file a bond or other security to | ||
be licensed as a retailer. | ||
SECTION 12. The heading to Section 1201.113, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1201.113. [ |
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PROGRAMS. | ||
SECTION 13. Section 1201.113, Occupations Code, is amended | ||
by amending Subsections (a) and (b) and adding Subsection (d) to | ||
read as follows: | ||
(a) The board shall approve [ |
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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 | ||
board may deem relevant. | ||
(b) Completion of an approved [ |
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education program [ |
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prerequisite to renewal of a license. | ||
(d) If the approval of a continuing education program | ||
expires between regularly scheduled board meetings, the director | ||
may, on receipt of the required renewal application, fee, and | ||
necessary documentation of education material, approve the | ||
continued administration of the program until the next board | ||
meeting. | ||
SECTION 14. Section 1201.118, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.118. RULES RELATING TO CERTAIN PERSONS. The | ||
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 manufactured homeowner consumer claims | ||
program [ |
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(4) failed to abide by the terms of a final order, | ||
including the payment of any assessed administrative penalties. | ||
SECTION 15. Section 1201.151, Occupations Code, is amended | ||
by amending Subsection (e) and adding Subsection (f) to read as | ||
follows: | ||
(e) A deposit becomes a down payment upon execution of a | ||
sales purchase contract [ |
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if the consumer exercises the consumer's three-day [ |
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rescission in accordance with Section 1201.1521, the retailer | ||
shall, not later than the 15th day after the date of the rescission, | ||
refund to the consumer all money and other consideration received | ||
from the consumer, with only the allowable [ |
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deduction for real property appraisal and title work expenses in | ||
accordance with Section 1201.1511. | ||
(f) Retention of real property appraisal and title work | ||
expenses authorized by Subsection (e) is not allowed if the | ||
consumer exercises the right of rescission in accordance with 12 | ||
C.F.R. Section 1026.23. | ||
SECTION 16. Subchapter D, Chapter 1201, Occupations Code, | ||
is amended by adding Section 1201.1511 to read as follows: | ||
Sec. 1201.1511. REAL PROPERTY APPRAISAL AND TITLE WORK | ||
EXPENSES. (a) Notwithstanding Section 1201.151 or 1201.1521, a | ||
retailer may collect from a consumer in advance or deduct from the | ||
consumer's deposit or down payment any expenses incurred by the | ||
retailer if, after receiving a conditional notification of approval | ||
from a lender chosen by the consumer, the consumer: | ||
(1) contracts with the retailer to arrange for | ||
services that are performed by an appraiser of real property or a | ||
title company in connection with real property that will be | ||
included in the purchase or exchange or is intended to be pledged by | ||
the consumer as collateral for the consumer's purchase or exchange | ||
of a manufactured home; | ||
(2) is provided notice of laws relating to rescission | ||
and real property appraisal and title work expenses before signing | ||
the contract for real property appraisal and title work services; | ||
and | ||
(3) is provided an itemized list of the specific real | ||
property appraisal and title work expenses incurred by the | ||
retailer. | ||
(b) A retailer may not charge to the consumer any fees or | ||
expenses other than the real property appraisal and title work | ||
expenses disclosed to the consumer under Subsection (a)(3). | ||
(c) The department may demand copies of contracts, | ||
invoices, receipts, or other proof of any real property appraisal | ||
and title work expenses retained by a retailer. | ||
SECTION 17. Section 1201.152(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) If a retailer purchases a new manufactured home from an | ||
unlicensed manufacturer in violation of Section 1201.505, a | ||
consumer's contract with the retailer for the purchase or[ |
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exchange[ |
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second anniversary of the date of purchase or[ |
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SECTION 18. Section 1201.1521, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.1521. RESCISSION OF CONTRACT FOR SALE OR[ |
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EXCHANGE[ |
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manufactured home from or through a licensee by purchase or[ |
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exchange[ |
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not later than the third day after the date the sales purchase | ||
[ |
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penalty or charge other than the real property appraisal and title | ||
work expenses incurred in accordance with Section 1201.1511. | ||
(b) A person who acquires a manufactured home from or | ||
through a licensee by purchase or exchange may, in a transfer that | ||
is based wholly or partly on a credit transaction occurring not | ||
later than the third day after the date of the signing of the | ||
binding note, security agreement, or other financing credit | ||
contract with respect to which the consumer's purchased | ||
manufactured home will serve as collateral for the credit | ||
transaction, rescind the contract without penalty or charge other | ||
than the real property appraisal and title work expenses incurred | ||
in accordance with Section 1201.1511. | ||
(c) [ |
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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 1026 [ |
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SECTION 19. Section 1201.156, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.156. ADVERTISEMENT AS OFFER. An advertisement | ||
relating to manufactured housing is an offer to sell or [ |
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exchange[ |
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SECTION 20. Section 1201.157, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.157. RETAILER AS WAREHOUSE [ |
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With respect to the storage of manufactured homes for hire, a [ |
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licensed retailer is: | ||
(1) a "warehouse" [ |
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Section 7.102, Business & Commerce Code; and | ||
(2) a "warehouseman" under Chapter 24, Property Code | ||
[ |
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(b) The provisions of the Business & Commerce Code relating | ||
to the storage of goods for hire apply to a licensed retailer acting | ||
as a warehouse [ |
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(c) A licensed retailer acting as a warehouse and | ||
warehouseman satisfies all storage, bonding, insurance, public | ||
sale, and security requirements if the storage of a manufactured | ||
home occurs on the retailer's lot and the home is secured in the | ||
same manner the retailer secures a manufactured home held on the lot | ||
as inventory. | ||
(d) In accordance with the provisions of Section 7.210, | ||
Business & Commerce Code, a licensed retailer acting as a warehouse | ||
to enforce a warehouse's lien is considered to have sold a | ||
manufactured home in a commercially reasonable manner if the | ||
retailer sells the manufactured home in the same manner the | ||
retailer would sell a manufactured home at retail. | ||
SECTION 21. 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 or[ |
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exchange[ |
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not be financed, the retailer must provide to the consumer a written | ||
disclosure in the form promulgated by the 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 board may 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 22. Section 1201.164, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.164. ADVANCE COPY OF SALES PURCHASE CONTRACT AND | ||
DISCLOSURE STATEMENTS; OFFER BY RETAILER. (a) In a transaction | ||
that is to be financed and that will not be subject to the federal | ||
Real Estate Settlement Procedures Act of 1974 (Pub. L. No. 93-533) | ||
and its implementing regulations, a retailer shall deliver to a | ||
consumer at least 24 hours before the sales purchase contract is | ||
fully executed the contract, with all required information | ||
included, signed by the retailer. The delivery of the contract, | ||
with all required information included, signed by the retailer | ||
constitutes a firm offer by the retailer. Except as provided for by | ||
[ |
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than 24 hours after the delivery of the contract. If the consumer | ||
has not accepted the offer within 72 hours after the delivery of the | ||
contract, the retailer may withdraw the offer. | ||
(b) Before the execution of the sales purchase contract, the | ||
[ |
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deadlines for disclosures [ |
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that are provided by Subsection (a) if the consumer determines that | ||
the purchase of the manufactured home is needed to meet a bona fide | ||
personal emergency. If the consumer has a bona fide personal | ||
emergency that necessitates the immediate purchase of the | ||
manufactured home, the consumer shall give the retailer a dated | ||
written statement that describes the emergency, specifically | ||
modifies or waives the notice periods and any right of rescission, | ||
and bears the signature of all of the consumers entitled to the | ||
disclosures and right of rescission. In such event the retailer | ||
shall immediately give the consumer all of the disclosures required | ||
by this code and sell the manufactured home without the required | ||
waiting periods or the right of rescission. The department shall | ||
verify with the consumer the consumer's bona fide personal | ||
emergency before issuing the statement of ownership [ |
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SECTION 23. The heading to Subchapter E, Chapter 1201, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP [ |
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SECTION 24. Section 1201.201, Occupations Code, is amended | ||
by amending Subdivisions (1), (2), (3), (5), and (11) and adding | ||
Subdivision (1-a) to read as follows: | ||
(1) "Certificate of attachment" means a written | ||
instrument issued solely by and under the authority of the director | ||
before September 1, 2001, that provides the information required by | ||
former Section 19(l), Texas Manufactured Housing Standards Act | ||
(Article 5221f, Vernon's Texas Civil Statutes), as that subsection | ||
existed before that date. Beginning September 1, 2003, a | ||
certificate of attachment is considered to be a statement of | ||
ownership and may be exchanged for a statement of ownership as | ||
provided by Section 1201.214. | ||
(1-a) "Debtor" has the meaning assigned by Section | ||
9.102, Business & Commerce Code. | ||
(2) "Document of title" means a written instrument | ||
issued solely by and under the authority of the director before | ||
September 1, 2003, that provides the information required by | ||
Section 1201.205, as that section existed before that date. | ||
Beginning September 1, 2003, a document of title is considered to be | ||
a statement of ownership [ |
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statement of ownership [ |
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1201.214. | ||
(3) "First retail sale" means a consumer's initial | ||
acquisition of a new manufactured home from a retailer by purchase | ||
or[ |
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sale, transfer, or delivery of a manufactured home for which the | ||
director has not previously issued a statement of ownership [ |
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lien. | ||
(5) "Inventory" means new and used manufactured homes | ||
that: | ||
(A) a retailer has designated as the retailer's | ||
inventory for sale pursuant to the process implemented by the | ||
department; and | ||
(B) are not used as residential dwellings when so | ||
designated [ |
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(11) "Subsequent sale" means a bargain, sale, | ||
transfer, or delivery of a manufactured home, with intent to pass an | ||
interest in the home, other than a lien, from one person to another | ||
after the first retail sale and initial issuance of a statement of | ||
ownership [ |
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SECTION 25. Section 1201.203, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.203. FORMS; RULES. (a) The board shall adopt | ||
rules and forms relating to: | ||
(1) the manufacturer's certificate; | ||
(2) the statement of ownership [ |
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(3) the application for a statement of ownership [ |
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(4) the issuance of an initial or revised statement of | ||
ownership. | ||
(b) The board shall adopt rules for the documenting of the | ||
ownership [ |
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previously owned in this state or another state. The rules must | ||
protect a lienholder recorded with the department. | ||
SECTION 26. Sections 1201.204(a) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(a) A manufacturer's certificate must show: | ||
(1) on a form prescribed by the director, the original | ||
transfer of a manufactured home from the manufacturer to the | ||
retailer; and | ||
(2) on a form prescribed by the director, each | ||
subsequent transfer of a manufactured home between retailers and | ||
from retailer to owner, if the transfer from retailer to owner | ||
involves a completed application for the issuance of a statement of | ||
ownership [ |
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(c) After the first retail sale of a manufactured home, the | ||
retailer must submit the original manufacturer's certificate for | ||
that home to the department. If an application for an initial | ||
statement of ownership is made without the required manufacturer's | ||
certificate and the retailer does not provide it as required, the | ||
department shall, on or before the issuance of the requested | ||
statement of ownership [ |
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party currently reflected on the department's records as having a | ||
recorded lien on the inventory of that retailer with respect to that | ||
home. Failure to include the original manufacturer's certificate | ||
with such an application does not impair a consumer's ability to | ||
obtain, on submittal of an otherwise complete application, a | ||
statement of ownership [ |
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other than liens created by or consented to by the consumer. | ||
SECTION 27. Section 1201.205, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.205. STATEMENT OF OWNERSHIP [ |
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A statement of ownership [ |
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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 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 Housing and Community Affairs - Manufactured Housing | ||
Division as provided by law. You may check that division's records | ||
through its website or contact that 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 [ |
||
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 [ |
||
(9) the location of the home; | ||
(10) a statement of whether the owner has elected to | ||
treat the home as real property [ |
||
(11) statements of whether the home is a salvaged | ||
manufactured home and whether the home is reserved for business use | ||
only or for another nonresidential use; and | ||
(12) any other information the board requires. | ||
SECTION 28. Sections 1201.2055(a), (c), (d), (e), (g), and | ||
(i), Occupations Code, are amended to read as follows: | ||
(a) In completing an application for the issuance of a | ||
statement of ownership [ |
||
home shall indicate whether the owner elects to treat the home as | ||
[ |
||
manufactured home as real property only if the home is attached to: | ||
(1) real property that is owned by the owner of the | ||
home; or | ||
(2) land leased to the owner of the home under a | ||
long-term lease, as defined by department rule. | ||
(c) If the department issues a statement of ownership [ |
||
|
||
property [ |
||
|
||
the department is evidence of ownership of the home. A lien, | ||
charge, or other encumbrance on a home treated as personal property | ||
may be made only by filing the appropriate document with the | ||
department. | ||
(d) If an owner elects to treat a manufactured home as real | ||
property, the department shall issue to the owner a [ |
||
copy of the statement of ownership [ |
||
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 [ |
||
copy of the statement of ownership [ |
||
owner must: | ||
(1) file the [ |
||
records of the county in which the home is located; and | ||
(2) notify the department and the chief appraiser of | ||
the applicable appraisal district that the [ |
||
been filed. | ||
(e) A real property election for a manufactured home is not | ||
considered to be perfected until a [ |
||
statement of ownership [ |
||
department and the chief appraiser of the applicable appraisal | ||
district 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 | ||
[ |
||
unless: | ||
(A) the home is moved from the location specified | ||
on the statement of ownership [ |
||
(B) the real property election is changed; or | ||
(C) the use of the property is changed as | ||
described by Section 1201.216. | ||
(i) Notwithstanding the 60-day deadline specified in | ||
Subsection (d), if the closing of a mortgage loan to be secured by | ||
real property including the manufactured home is held, the loan is | ||
funded, and a deed of trust covering the real property and all | ||
improvements on the property is recorded and the licensed title | ||
company or attorney who closed the loan failed to complete the | ||
conversion to real property in accordance with this chapter, the | ||
holder or servicer of the loan may apply for a statement of | ||
ownership [ |
||
[ |
||
make the necessary filings and notifications to complete such | ||
conversion at any time provided that: | ||
(1) the record owner of the home, as reflected on the | ||
department's records, has been given at least 60 days' prior written | ||
notice at: | ||
(A) the location of the home and, if it is | ||
different, the mailing address of the owner as specified in the | ||
department records; and | ||
(B) any other location the holder or servicer | ||
knows or believes, after a reasonable inquiry, to be an address | ||
where the owner may have been or is receiving mail or is an address | ||
of record; | ||
(2) such notification shall be given by certified | ||
mail; and | ||
(3) the department by rule shall require evidence that | ||
the holder or servicer requesting such after-the-fact completion of | ||
a real property election has complied with the requirements of this | ||
subsection. | ||
SECTION 29. The heading to Section 1201.206, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1201.206. APPLICATION FOR ISSUANCE OF STATEMENT OF | ||
OWNERSHIP [ |
||
SECTION 30. Sections 1201.206(a), (b), (c), (e), (f), (g), | ||
(h), and (k), Occupations Code, are amended to read as follows: | ||
(a) At the first retail sale of a manufactured home, the | ||
retailer shall provide for the installation of the home and ensure | ||
that the application for the issuance of a statement of ownership | ||
[ |
||
the completed application to the retailer. In accordance with | ||
Section 1201.204, the retailer shall surrender to the department | ||
the original manufacturer's statement of origin at the same time | ||
that the retailer applies for the first statement of ownership [ |
||
|
||
(b) Not later than the 60th day after the date of the retail | ||
sale, the retailer shall provide to the department the completed | ||
application for the issuance of a statement of ownership [ |
||
|
||
with the requirements of this subsection, the consumer may apply | ||
for the issuance of the statement. | ||
(c) Not later than the 60th day after the date of each | ||
subsequent sale or transfer of a home that is considered to be | ||
personal property, the seller or transferor shall provide to the | ||
department a completed application for the issuance of a new | ||
statement of ownership [ |
||
or transferor does not timely comply with the requirements of this | ||
subsection, the consumer may apply for the issuance of the | ||
statement. | ||
(e) Ownership of a manufactured home does not pass or vest | ||
at a sale or transfer of the home until a completed application for | ||
the issuance of a statement of ownership [ |
||
with the department. | ||
(f) If the owner of a manufactured home relocates the home, | ||
the owner shall apply for the issuance of a new statement of | ||
ownership [ |
||
the home is relocated. The department shall require that the owner | ||
submit evidence that the home was relocated in accordance with the | ||
requirements of the Texas Department of Motor Vehicles. | ||
(g) When an application is filed for the issuance of a | ||
statement of ownership [ |
||
that is not in a retailer's inventory or is being converted from | ||
personal property to real property in accordance with Section | ||
1201.2075 [ |
||
for the taxing unit having power to tax the manufactured home shall | ||
also be filed with the department. The statement from the tax | ||
assessor-collector must indicate that, with respect to each January | ||
1 occurring in the 18-month period preceding the date of the sale, | ||
there are no perfected and enforceable tax liens on the | ||
manufactured home that have not been extinguished and canceled in | ||
accordance with Section 32.015, Tax Code, or personal property | ||
taxes due on the manufactured home [ |
||
|
||
|
||
(h) If a person selling a manufactured home to a consumer | ||
for residential use fails to file with the department the | ||
application for the issuance of a statement of ownership [ |
||
|
||
the date of the sale, the department may assess a fee of at least | ||
$100 against the seller. The department shall have the authority to | ||
enforce the collection of any fee from the seller through judicial | ||
means. The department shall place on the application for the | ||
issuance of a statement of ownership [ |
||
legend in a clear and conspicuous manner: | ||
"THE FILING OF AN APPLICATION FOR THE ISSUANCE OF A STATEMENT | ||
OF OWNERSHIP [ |
||
DATE OF A SALE TO A CONSUMER FOR RESIDENTIAL USE MAY RESULT IN A FEE | ||
OF UP TO ONE HUNDRED DOLLARS ($100.00). ANY SUCH APPLICATION THAT | ||
IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL." | ||
(k) Notwithstanding any provision in this chapter to the | ||
contrary, if a person has acquired a manufactured home and the owner | ||
of record or any intervening owners of liens or equitable interests | ||
cannot be located to assist in documenting the chain of title, the | ||
department may issue a statement of ownership [ |
||
person claiming ownership if the person can provide a supporting | ||
affidavit describing the chain of title and such reasonable | ||
supporting proof as the director may require. | ||
SECTION 31. The heading to Section 1201.207, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1201.207. ISSUANCE OF STATEMENT OF OWNERSHIP [ |
||
|
||
SECTION 32. Sections 1201.207(a), (a-1), (b), (c), and (d), | ||
Occupations Code, are amended to read as follows: | ||
(a) Except as provided for in Subsection (a-1), the | ||
department shall process any completed application for the issuance | ||
of a statement of ownership [ |
||
working day after the date the application is received by the | ||
department. If the department rejects an application, the | ||
department shall provide a clear and complete explanation of the | ||
reason for the rejection and instructions on how to cure any | ||
defects, if possible. | ||
(a-1) For the period immediately following June 30 of each | ||
year, the department shall, except for applications relating to new | ||
manufactured homes and applications accompanied by a tax | ||
certificate, cease issuing statements of ownership [ |
||
until all tax liens filed with the department before June 30 have | ||
been processed and either recorded or rejected. During this period | ||
the department will post on its Internet website a notice as to when | ||
it is anticipated that processing statements of ownership [ |
||
|
||
processing will be within the 15-working-day time frame provided by | ||
Subsection (a). | ||
(b) If the department issues a statement of ownership [ |
||
|
||
record of the issuance in its electronic records and shall mail a | ||
copy to the owner and each lienholder. The department shall make | ||
available to the public on the department's Internet website in a | ||
searchable and downloadable format all ownership and lienholder | ||
information contained on the statement of ownership. | ||
(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 [ |
||
manufactured home, the department may issue a subsequent statement | ||
of ownership [ |
||
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 [ |
||
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 [ |
||
either the written permission of the owner of record for the | ||
manufactured home, their legal representative, or a court order. | ||
(d) Notwithstanding any other provision of this chapter, if | ||
the consumer purchases a new manufactured home from a licensed | ||
retailer in the ordinary course of business, whether or not a | ||
statement of ownership [ |
||
manufactured home, the consumer is a bona fide purchaser for value | ||
without notice and is entitled to ownership of the manufactured | ||
home free and clear of all liens and to a statement of ownership | ||
[ |
||
purchase price to the retailer. If there is an existing lien on the | ||
new manufactured home perfected with the department, the owner of | ||
the lien is entitled to recover the value of the lien from the | ||
retailer. | ||
SECTION 33. Section 1201.2075, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.2075. CONVERSION FROM PERSONAL PROPERTY TO REAL | ||
PROPERTY. (a) Except as provided by Subsection (b) or Section | ||
1201.206(k), the department may not issue a statement of ownership | ||
[ |
||
personal property to real property until: | ||
(1) each lien on the home is released by the | ||
lienholder; or | ||
(2) each lienholder gives written consent, to be | ||
placed on file with the department. | ||
(b) The department may issue a statement of ownership [ |
||
|
||
consent of any lienholders as required by this section, or without | ||
receiving the statement required by Section 1201.206(g), if the | ||
department releases a [ |
||
(1) a licensed title insurance company that has issued | ||
a commitment to issue a title insurance policy covering all prior | ||
liens on the home in connection with a loan that the title company | ||
has closed; or | ||
(2) a federally insured financial institution or | ||
licensed attorney who has obtained from a licensed title insurance | ||
company a title insurance policy covering all prior liens on the | ||
home. | ||
SECTION 34. Section 1201.2076, Occupations Code, is amended | ||
by amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) The department may not issue a statement of ownership | ||
[ |
||
real property to personal property until the department has | ||
inspected the home and determined that it is habitable 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. | ||
(a-1) Notwithstanding Subsection (a), the department may | ||
not require an inspection for habitability before issuing a | ||
statement of ownership with respect to a manufactured home if the | ||
home is being sold to or ownership is otherwise being transferred to | ||
a retailer. The department remains subject to the other | ||
requirements of Subsection (a). | ||
SECTION 35. Section 1201.208, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.208. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF | ||
STATEMENT OF OWNERSHIP [ |
||
or [ |
||
any consumer is responsible for the payment of all required sales | ||
and use tax on such home. | ||
(b) If it is determined that a new manufactured home was | ||
sold or [ |
||
sales and use tax being paid, the payment shall be made from the | ||
fund, up to the available penal amount of the licensee's bond or the | ||
remaining balance of the security for the license, and a claim for | ||
reimbursement shall be filed with the licensee's surety or the | ||
amount deducted from the security for the license. | ||
SECTION 36. Section 1201.209, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.209. GROUNDS FOR REFUSAL TO ISSUE OR FOR | ||
SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP [ |
||
The department may not refuse to issue a statement of ownership [ |
||
|
||
[ |
||
(1) the application for issuance of the statement of | ||
ownership [ |
||
the applicant failed to provide information required by the | ||
director, or the applicant is not entitled to issuance of the | ||
statement of ownership [ |
||
(2) the director has reason to believe that the | ||
manufactured home is stolen or unlawfully converted, or the | ||
issuance of a statement of ownership [ |
||
the owner or a lienholder of the manufactured home; | ||
(3) the director has reason to believe that the | ||
manufactured home is salvaged, and an application for the issuance | ||
of a new statement of ownership [ |
||
the home is salvaged has not been filed; | ||
(4) the required fee has not been paid; | ||
(5) the state sales and use tax has not been paid in | ||
accordance with Chapter 158, Tax Code, and Section 1201.208; or | ||
(6) a tax lien was filed and recorded under Section | ||
1201.219 and the lien has not been extinguished. | ||
SECTION 37. The heading to Section 1201.210, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1201.210. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION | ||
OR REVOCATION OF STATEMENT OF OWNERSHIP [ |
||
SECTION 38. Section 1201.210(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) If the director refuses to issue or suspends or revokes | ||
a statement of ownership [ |
||
by certified mail, written notice of that action to: | ||
(1) the seller and purchaser or transferor and | ||
transferee, as applicable; and | ||
(2) the holder of a lien or security interest of | ||
record. | ||
SECTION 39. Section 1201.212, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.212. TRANSFER OF OWNERSHIP BY OPERATION OF LAW. | ||
(a) If the ownership of a manufactured home in this state is | ||
transferred by inheritance, devise, or bequest, by bankruptcy, | ||
receivership, judicial sale, or other involuntary divestiture of | ||
ownership, or by any other operation of law, the department shall | ||
issue a new statement of ownership [ |
||
[ |
||
(1) the order or bill of sale from an officer making a | ||
judicial sale; | ||
(2) the order appointing a temporary administrator; | ||
(3) the probate proceedings; | ||
(4) the letters testamentary or the letters of | ||
administration; or | ||
(5) if administration of an estate is not necessary, | ||
an affidavit by all of the heirs at law showing: | ||
(A) that administration is not necessary; and | ||
(B) the name in which the statement of ownership | ||
[ |
||
(b) The department may issue a new statement of ownership | ||
[ |
||
(1) for a lien or security interest foreclosed | ||
according to law by nonjudicial means, if the lienholder or secured | ||
party files an affidavit showing the nonjudicial foreclosure | ||
according to law; or | ||
(2) for a foreclosed constitutional or statutory lien, | ||
if the person entitled to the lien files an affidavit showing the | ||
creation of the lien and the resulting divestiture of title | ||
according to law. | ||
(c) The department shall issue a new statement of ownership | ||
[ |
||
(1) an agreement providing for a right of survivorship | ||
is signed by two or more eligible persons, as determined under | ||
Section 1201.213; and | ||
(2) on the death of one of the persons, the department | ||
is provided with a copy of the death certificate of that person. | ||
SECTION 40. Section 1201.213(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) If the statement of ownership [ |
||
issued in connection with the sale of the home, the seller is not | ||
eligible to sign a right of survivorship agreement under this | ||
subchapter unless the seller is the child, grandchild, parent, | ||
grandparent, or sibling of each other person signing the agreement. | ||
A family relationship required by this subsection may be a | ||
relationship established by adoption. | ||
SECTION 41. Section 1201.214, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.214. DOCUMENT OF TITLE; CERTIFICATE OF ATTACHMENT. | ||
(a) Effective September 1, 2003, all outstanding documents of | ||
title or certificates of attachment are considered to be statements | ||
of ownership [ |
||
(b) An owner or lienholder may provide to the department a | ||
document of title or certificate of attachment and any additional | ||
information required by the department and request that the | ||
department issue a statement of ownership [ |
||
the document of title or certificate of attachment. The department | ||
shall mail to the owner or lienholder a copy of the statement of | ||
ownership [ |
||
SECTION 42. Section 1201.216, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.216. CHANGE IN USE. (a) If the owner of a | ||
manufactured home notifies the department that the owner intends to | ||
treat the home as real property or intends to treat the home as a | ||
salvaged manufactured home or reserve the home [ |
||
business use [ |
||
department shall indicate on the statement of ownership [ |
||
|
||
(1) the owner of the home has elected to treat the home | ||
as described by this subsection [ |
||
|
||
(2) except as provided by Section 1201.2055(h), the | ||
home is no longer a manufactured home for purposes of regulation | ||
under this chapter or of recordation of liens, including tax liens. | ||
(b) On application and subject to Sections 1201.2076 and | ||
1201.209, the department shall issue for the structure described in | ||
the application a new statement of ownership [ |
||
restoring the structure's designation as a manufactured home only | ||
after an inspection and determination that the structure is | ||
habitable as provided by Section 1201.453. | ||
SECTION 43. Section 1201.217, Occupations Code, is amended | ||
by amending Subsections (b), (d), and (e) and adding Subsections | ||
(d-1) and (g) to read as follows: | ||
(b) Before declaring a manufactured home abandoned, the | ||
owner of real property on which the home is located must send a | ||
notice of intent to declare the home abandoned to the record owner | ||
of the home, all lienholders at the addresses listed on the home's | ||
statement of ownership [ |
||
the tax collector for each taxing unit that imposes ad valorem taxes | ||
on the real property where the home is located, and any intervening | ||
owners of liens or equitable interests. The notice must include | ||
the address where the home is currently located. If the person | ||
giving such notice knows that a person to whom the notice is being | ||
given no longer resides and is no longer receiving mail at a known | ||
address, a reasonable effort shall be made to locate the person and | ||
give the person notice at an address where the person is receiving | ||
mail. Mailing of the notice by certified mail, return receipt | ||
requested, postage prepaid, to the persons required to be notified | ||
by this subsection constitutes conclusive proof of compliance with | ||
this subsection. | ||
(d) If the manufactured home remains on the real property | ||
for at least 45 days after the date the notice is postmarked: | ||
(1) all liens on the home are extinguished; and | ||
(2) the real property owner may declare the home | ||
abandoned and may apply to the department for a statement of | ||
ownership [ |
||
owner of the manufactured home. | ||
(d-1) When applying for a statement of ownership under this | ||
section, the real property owner shall include with the application | ||
an affidavit stating that: | ||
(1) the person owns the real property where the | ||
manufactured home is located; and | ||
(2) the name of the person to whom title to the home | ||
will be transferred under this section is the same name that is | ||
listed in the real property or tax records indicating the current | ||
ownership of the real property. | ||
(e) A new statement of ownership [ |
||
the department under this section transfers, free of any liens, if | ||
there is evidence of United States Postal Service return receipt | ||
from all lienholders, title to the manufactured home to the real | ||
property owner. | ||
(g) Notwithstanding Subsection (f), an owner of real | ||
property on which a manufactured home has been abandoned may apply | ||
for a new statement of ownership with respect to a home that was | ||
previously declared abandoned and then resold and abandoned again. | ||
SECTION 44. Section 1201.219(h), Occupations Code, is | ||
amended to read as follows: | ||
(h) The department shall remove from a manufactured home's | ||
statement of ownership [ |
||
delinquent more than four years for which no suit has been timely | ||
filed in accordance with Section 33.05(a)(1), Tax Code, if: | ||
(1) a tax collector confirms no suit has been filed; or | ||
(2) the department: | ||
(A) has submitted to a tax collector two requests | ||
under Subsection (g) sent not fewer than 15 days apart; and | ||
(B) has not received any response from the tax | ||
collector before the 60th day after the tax collector's receipt of | ||
the second request. | ||
SECTION 45. Section 1201.220, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.220. REPORT TO CHIEF APPRAISER. (a) The | ||
department shall make available in electronic format, or in | ||
hard-copy format on request, to each chief appraiser of an | ||
appraisal district 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 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 [ |
||
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 department shall make the report required by this | ||
section available to the public on the department's Internet | ||
website in a searchable and downloadable format. | ||
SECTION 46. Section 1201.221(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) A request under Subsection (a) must contain: | ||
(1) the name of the owner of the home as reflected on | ||
the statement of ownership [ |
||
(2) the identification number of the home. | ||
SECTION 47. Section 1201.222(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A manufactured home is treated as real property only if: | ||
(1) the owner of the home has elected to treat the home | ||
as real property as provided by Section 1201.2055; and | ||
(2) a [ |
||
[ |
||
records of the county in which the home is located. | ||
SECTION 48. Section 1201.255(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) Except as authorized under Section 1201.252, | ||
manufactured housing that is installed must be installed in | ||
compliance with the standards and rules adopted and orders issued | ||
by the department. An uninstalled manufactured home may not be | ||
occupied for any purpose other than to view the home on a retailer's | ||
sales lot. | ||
SECTION 49. Section 1201.358(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) A manufacturer, retailer, or installer entitled to | ||
indemnification under this section is a consumer for purposes of | ||
Subchapter I and may recover actual damages from the manufactured | ||
homeowner consumer claims program [ |
||
SECTION 50. Section 1201.360(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The seller of real property to which a new HUD-code | ||
manufactured home is permanently attached may give the initial | ||
purchaser a written warranty that combines the manufacturer's | ||
warranty and the retailer's warranty required by this subchapter | ||
if: | ||
(1) the statement of ownership [ |
||
that the owner has elected to treat the home as real property; | ||
(2) the home is actually located where the statement | ||
of ownership [ |
||
(3) a [ |
||
[ |
||
county in which the home is located. | ||
SECTION 51. The heading to Subchapter I, Chapter 1201, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER I. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM | ||
[ |
||
SECTION 52. Section 1201.401, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.401. MANUFACTURED HOMEOWNER CONSUMER CLAIMS | ||
PROGRAM [ |
||
shall administer the manufactured homeowner consumer claims | ||
program to provide a remedy for damages resulting from prohibited | ||
conduct by a person licensed under this chapter [ |
||
|
||
(b) The department may make a payment under the manufactured | ||
homeowner consumer claims program only after all other departmental | ||
operating expenses are sufficiently funded. | ||
SECTION 53. Section 1201.404, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.404. CONSUMER COMPENSATION. (a) Except as | ||
otherwise provided by Subchapter C, a payment made under the | ||
manufactured homeowner consumer claims program [ |
||
shall be paid directly to a consumer or, at the director's option, | ||
to a third party on behalf of a consumer to compensate a consumer | ||
who sustains actual damages resulting from an unsatisfied claim | ||
against a licensed manufacturer, retailer, broker, or installer if | ||
the unsatisfied claim results from a violation of: | ||
(1) this chapter; | ||
(2) a rule adopted by the director; | ||
(3) the National Manufactured Housing Construction | ||
and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.); | ||
(4) a rule or regulation of the United States | ||
Department of Housing and Urban Development; or | ||
(5) Subchapter E, Chapter 17, Business & Commerce | ||
Code. | ||
(b) The department is [ |
||
liable to the consumer if the manufactured homeowner consumer | ||
claims program [ |
||
the actual damages determined to be payable. The director shall | ||
record the date and time of receipt of each verified complaint and, | ||
as money becomes available, pay the consumer whose claim is the | ||
earliest by date and time to have been found to be verified and | ||
properly payable. | ||
SECTION 54. Sections 1201.405(c), (d), (f), and (g), | ||
Occupations Code, are amended to read as follows: | ||
(c) Under the manufactured homeowner consumer claims | ||
program, the department [ |
||
director may not pay: | ||
(1) punitive, exemplary, double, or treble damages; or | ||
(2) damages for pain and suffering, mental anguish, | ||
emotional distress, or other analogous tort claims. | ||
(d) Notwithstanding other provisions of this subchapter, | ||
this subchapter does not apply to, and a consumer may not recover | ||
through the manufactured homeowner consumer claims program | ||
[ |
||
holder that results from a cause of action directly related to the | ||
sale, [ |
||
manufactured home before September 1, 1987. | ||
(f) Under the manufactured homeowner consumer claims | ||
program, the department [ |
||
director may not pay: | ||
(1) actual damages to reimburse an affiliate or | ||
related person of a licensee, except when the director issues an | ||
order under Sections 1201.358(b) and (c); | ||
(2) actual damages to correct matters that are solely | ||
cosmetic in nature; | ||
(3) for attorney's fees; or | ||
(4) actual damages to address other matters, unless | ||
the matters involve: | ||
(A) a breach of warranty; | ||
(B) a failure to return or apply as agreed money | ||
received from a consumer or money for which the consumer was | ||
obligated; [ |
||
(C) the breach of an agreement to provide goods | ||
or services necessary to the safe and habitable use of a | ||
manufactured home such as steps, air conditioning, access to | ||
utilities, or access to sewage and wastewater treatment; or | ||
(D) perfected and enforceable tax liens not | ||
extinguished and canceled in accordance with Section 32.015, Tax | ||
Code. | ||
(g) The board by rule may place reasonable limits on the | ||
costs that may be approved for payment under the manufactured | ||
homeowner consumer claims program [ |
||
the costs of reassigned warranty work, and require consumers making | ||
claims that may be subject to reimbursement under the manufactured | ||
homeowner consumer claims program [ |
||
estimates establishing that the cost will be reasonable. Such | ||
rules may also specify such procedures and requirements as the | ||
board may deem necessary and advisable for the administration of | ||
the manufactured homeowner consumer claims program [ |
||
SECTION 55. The heading to Section 1201.406, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1201.406. PROCEDURE FOR RECOVERY UNDER MANUFACTURED | ||
HOMEOWNER CONSUMER CLAIMS PROGRAM [ |
||
SECTION 56. Section 1201.406(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) To recover under the manufactured homeowner consumer | ||
claims program [ |
||
written, sworn complaint in the form required by the director not | ||
later than the second anniversary of: | ||
(1) the date of the alleged act or omission causing the | ||
actual damages; or | ||
(2) the date the act or omission is discovered or | ||
should reasonably have been discovered. | ||
SECTION 57. Sections 1201.409(a) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(a) Except as otherwise provided by Subchapter C, the | ||
manufactured homeowner consumer claims program [ |
||
be reimbursed by the surety on a bond or from other security filed | ||
under Subchapter C for the amount of a claim that is paid out under | ||
the manufactured homeowner consumer claims program [ |
||
|
||
subchapter. | ||
(c) If payment to the manufactured homeowner consumer | ||
claims program [ |
||
from the other security in a timely manner, the attorney general | ||
shall file suit for recovery of the amount due the manufactured | ||
homeowner consumer claims program [ |
||
is in Travis County. | ||
SECTION 58. Section 1201.410, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.410. INFORMATION ON RECOVERY UNDER MANUFACTURED | ||
HOMEOWNER CONSUMER CLAIMS PROGRAM [ |
||
shall prepare information for notifying consumers of their rights | ||
to recover under the manufactured homeowner consumer claims program | ||
[ |
||
department's website, and shall make printed copies available on | ||
request. | ||
SECTION 59. Section 1201.451, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.451. TRANSFER OF GOOD AND MARKETABLE TITLE | ||
REQUIRED. (a) Except as otherwise provided by this subchapter, a | ||
person may not sell or[ |
||
manufactured home without the appropriate transfer of good and | ||
marketable title to the home. | ||
(b) Not later than the 60th day after the effective date of | ||
the transfer of ownership or the date the seller or transferor | ||
obtains possession of the necessary and properly executed | ||
documents, the seller or transferor shall forward to the purchaser | ||
or transferee the necessary, executed documents. If the seller or | ||
transferor fails to forward the documents on a timely basis, the | ||
purchaser or transferee may apply directly for the documents. On | ||
receipt of the documents, the purchaser or transferee shall apply | ||
for the issuance of a statement of ownership [ |
||
SECTION 60. Section 1201.452(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) Except as otherwise provided by this subchapter, a | ||
person may not sell or[ |
||
negotiate for the sale or[ |
||
used manufactured home to a consumer unless the appropriate seal or | ||
label is attached to the home. | ||
SECTION 61. Section 1201.455, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.455. WRITTEN DISCLOSURE AND WARRANTY OF | ||
HABITABILITY REQUIRED. (a) Except as otherwise provided by this | ||
subchapter, a person may not sell or[ |
||
|
||
dwelling without providing: | ||
(1) a written disclosure, on a form not to exceed two | ||
pages prescribed by the department, describing the condition of the | ||
home and of any appliances that are included in the home; and | ||
(2) a written warranty that the home is and will remain | ||
habitable until the 60th day after the later of the installation | ||
date or the date of the purchase agreement. | ||
(b) Unless, not later than the 65th day after the later of | ||
the installation date or the date of the sale or[ |
||
|
||
writing of a defect that makes the home not habitable, any | ||
obligation or liability of the seller under this subchapter is | ||
terminated. The warranty must conspicuously disclose that notice | ||
requirement to the consumer. | ||
SECTION 62. Section 1201.456, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.456. HABITABILITY: EXCEPTION TO WARRANTY | ||
REQUIREMENT. The warranty requirement imposed by Section 1201.455 | ||
does not apply to a sale or[ |
||
used manufactured home from one consumer to another. | ||
SECTION 63. Section 1201.457, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.457. HABITABILITY: CHANGE TO OR FROM | ||
NONRESIDENTIAL [ |
||
exchange[ |
||
purchaser for the purchaser's business use, the home is not | ||
required to be habitable unless the purchaser discloses to the | ||
retailer in writing at the time of purchase that the purchaser | ||
intends for a person to be present in the home for regularly | ||
scheduled work shifts of not less than eight hours each day. The | ||
purchaser of the home shall file with the department an application | ||
for the issuance of a statement of ownership [ |
||
indicating that the home is reserved for a business use. | ||
(a-1) If the sale or exchange of a used manufactured home is | ||
for the purchaser's nonresidential use other than a business use, | ||
the home is not required to be habitable. The purchaser of the home | ||
shall file with the department an application for the issuance of a | ||
statement of ownership indicating that the home is for a | ||
nonresidential use other than a business use. | ||
(b) If a used manufactured home is reserved for a business | ||
use or another nonresidential use or is salvaged, a person may not | ||
knowingly allow any person to occupy or use the home as a dwelling | ||
unless the director issues a new statement of ownership [ |
||
|
||
[ |
||
purchaser's application to the department for issuance of a new | ||
statement of ownership [ |
||
the home and, if the department determines that the home is | ||
habitable, issue a new statement of ownership [ |
||
SECTION 64. Section 1201.459(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) A seal issued to a tax appraiser or tax | ||
assessor-collector is for identification purposes only and does not | ||
imply that: | ||
(1) the home is habitable; or | ||
(2) a purchaser of the home at a tax sale may obtain a | ||
new statement of ownership [ |
||
without an inspection for habitability. | ||
SECTION 65. Section 1201.460, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.460. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. (a) | ||
A holder of a lien recorded on the statement of ownership [ |
||
|
||
property who sells or[ |
||
repossessed manufactured home covered by that statement of | ||
ownership [ |
||
chapter if the sale or[ |
||
(1) to or through a licensed retailer; or | ||
(2) to a purchaser for the purchaser's business use or | ||
another nonresidential use. | ||
(b) If the sale or[ |
||
repossessed manufactured home is to or through a licensed retailer, | ||
the retailer is responsible and liable for compliance with this | ||
chapter and department rules. The lienholder may not be joined as a | ||
party in any litigation relating to the sale or[ |
||
|
||
(c) If the sale or[ |
||
repossessed manufactured home is to a purchaser for the purchaser's | ||
business use or another nonresidential use, the lienholder shall | ||
apply to the department for the issuance of a new statement of | ||
ownership [ |
||
business use or another nonresidential use. | ||
SECTION 66. Sections 1201.461(b), (c), (e), (f), and (h), | ||
Occupations Code, are amended to read as follows: | ||
(b) A person who owns a used manufactured home that is | ||
salvaged shall apply to the director for the issuance of a new | ||
statement of ownership [ |
||
is salvaged. | ||
(c) If a new manufactured home is salvaged, the retailer | ||
shall remove the label and surrender the label and the | ||
manufacturer's certificate under Section 1201.204 to the director | ||
for issuance of a statement of ownership [ |
||
indicates that the home is salvaged. | ||
(e) A person may not repair, rebuild, or otherwise refurbish | ||
[ |
||
with the rules of the director relating to rebuilding a salvaged | ||
manufactured home. For purposes of this subsection, "refurbish" | ||
means any general repairs, improvements, or aesthetic changes to a | ||
manufactured home that do not constitute the rebuilding of a | ||
salvaged manufactured home. | ||
(f) If a salvaged manufactured home is rebuilt in accordance | ||
with this chapter and the rules of the director, the director shall, | ||
on application, issue a new statement of ownership [ |
||
that indicates that the home is no longer salvaged. | ||
(h) A licensee may not participate in the sale, exchange, | ||
[ |
||
manufactured home that is salvage and that has not been repaired in | ||
accordance with this chapter and the department's rules. An act | ||
that is prohibited by this subsection is deemed to be a practice | ||
that constitutes an imminent threat to health or safety and is | ||
subject to the imposition of penalties and other sanctions provided | ||
for by this chapter. A violation of this subsection is a Class B | ||
misdemeanor. | ||
SECTION 67. Section 1201.504, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.504. PROHIBITED SALE OR[ |
||
|
||
[ |
||
|
||
not a licensed retailer. | ||
(b) A retailer may not sell or[ |
||
|
||
|
||
constructed by a manufacturer who was not licensed by the | ||
department at the time of construction. | ||
(c) A retailer, broker, or salesperson may not sell or[ |
||
exchange, [ |
||
|
||
use as a dwelling unless the appropriate seal or label is attached | ||
to the home. | ||
SECTION 68. Sections 1201.512(b) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(b) Unless the retailer, broker, or salesperson complies | ||
with the requirements of the National Flood Insurance Act of 1968 | ||
(42 U.S.C. Section 4001 et seq.), Subchapter I, Chapter 16, Water | ||
Code, and any other applicable local, state, or federal law, and | ||
ensures the consumer's compliance with applicable law by requiring | ||
the evidence described by Subsection (c), a retailer, broker, or | ||
salesperson who sells or[ |
||
or used manufactured home to a consumer for use as a permanent | ||
dwelling in this state may not: | ||
(1) deliver or arrange for the delivery of the home to | ||
a homesite in a special flood hazard area designated by the director | ||
of the Federal Emergency Management Agency; | ||
(2) install or arrange for the installation of the | ||
home at a homesite in that area; or | ||
(3) assist the consumer in the delivery or | ||
installation of, or in making arrangements for the delivery or | ||
installation of, the home to or at a homesite in that area. | ||
(c) Before closing on the acquisition of a new or used | ||
manufactured home for use as a permanent dwelling in this state, a | ||
consumer seeking to acquire the home must provide to the retailer, | ||
broker, or salesperson selling or[ |
||
|
||
not be located, in a manner that violates local, state, or federal | ||
law, on a homesite in a special flood hazard area designated by the | ||
director of the Federal Emergency Management Agency. A consumer | ||
may satisfy the evidentiary requirement of this subsection by | ||
providing the retailer, broker, or salesperson, as applicable, with | ||
a copy of any required permit to install a septic tank on the | ||
homesite. | ||
SECTION 69. 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 or[ |
||
|
||
required financing unless the consumer is first given a form | ||
adopted by the board disclosing that if for any reason the financing | ||
does not close, the consumer may be required to vacate the home. | ||
SECTION 70. Section 1201.551, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1201.551. DENIAL OF LICENSE; DISCIPLINARY ACTION. (a) | ||
The director may deny, permanently revoke, or suspend for a | ||
definite period and specified sales location or geographic area a | ||
license if the director determines that the applicant or license | ||
holder: | ||
(1) knowingly and wilfully violated this chapter or a | ||
rule adopted or order issued under this chapter; | ||
(2) unlawfully retained or converted money, property, | ||
or any other thing of value from a consumer in the form of a down | ||
payment, sales or use tax, deposit, or insurance premium; | ||
(3) failed repeatedly to file with the department a | ||
completed application for a statement of ownership [ |
||
before the 61st day after the date of the sale of a manufactured | ||
home as required by Section 1201.206 or the date of the | ||
installation, whichever occurred later; | ||
(4) failed to give or breached a manufactured home | ||
warranty required by this chapter or by the Federal Trade | ||
Commission; | ||
(5) engaged in a false, misleading, or deceptive act | ||
or practice as described by Subchapter E, Chapter 17, Business & | ||
Commerce Code; | ||
(6) failed to provide or file a report required by the | ||
department for the administration or enforcement of this chapter; | ||
(7) provided false information on an application, | ||
report, or other document filed with the department; | ||
(8) acquired a criminal record during the five-year | ||
period preceding the application date that, in the opinion of the | ||
director, makes the applicant unfit for licensing; | ||
(9) failed to file a bond or other security for each | ||
location as required by Subchapter C; [ |
||
(10) has had another license issued by this state | ||
revoked or suspended; or | ||
(11) failed to pay the required fee to obtain or renew | ||
a license. | ||
(b) The director may suspend or revoke a license if, after | ||
receiving notice of a claim, the license holder or the license | ||
holder's surety fails or refuses to pay a final claim paid under the | ||
manufactured homeowner consumer claims program [ |
||
|
||
SECTION 71. Section 1201.6041(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) Instead of requiring a consumer to apply for | ||
compensation under the manufactured homeowner consumer claims | ||
program [ |
||
order a manufacturer, retailer, broker, or installer, as | ||
applicable, to pay a refund directly to a consumer who sustains | ||
actual damages resulting from an unsatisfied claim against a | ||
licensed manufacturer, retailer, broker, or installer if the | ||
unsatisfied claim results from a violation of: | ||
(1) this chapter; | ||
(2) a rule adopted by the director; | ||
(3) the National Manufactured Housing Construction | ||
and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.); | ||
(4) a rule or regulation of the United States | ||
Department of Housing and Urban Development; or | ||
(5) Subchapter E, Chapter 17, Business & Commerce | ||
Code. | ||
SECTION 72. Section 347.002(b), Finance Code, is amended to | ||
read as follows: | ||
(b) To the extent possible, a word or phrase used in this | ||
chapter, other than a term defined by this section, has the meaning | ||
assigned by the Truth in Lending [ |
||
|
||
amendments, as implemented by Regulation Z (12 C.F.R. Part 1026) | ||
[ |
||
SECTION 73. Section 347.004(a), Finance Code, is amended to | ||
read as follows: | ||
(a) A creditor shall comply with all applicable | ||
requirements, including required disclosures, under the Truth in | ||
Lending [ |
||
1601 et seq.) and its subsequent amendments, as implemented by | ||
Regulation Z (12 C.F.R. Part 1026) [ |
||
|
||
SECTION 74. Section 347.056, Finance Code, is amended to | ||
read as follows: | ||
Sec. 347.056. AUTHORITY OF CONSUMER CREDIT COMMISSIONER | ||
RELATING TO A CREDIT DOCUMENT. Except as provided by Section | ||
347.004(a), the [ |
||
any specific language or a disclosure on a credit document that is | ||
not expressly required by: | ||
(1) this chapter; or | ||
(2) a regulation of the Office of the Comptroller of | ||
the Currency [ |
||
SECTION 75. Section 347.155(b), Finance Code, is amended to | ||
read as follows: | ||
(b) On prepayment, after deduction of an acquisition charge | ||
that does not exceed $50, the consumer is entitled to a refund | ||
credit of the time price differential or interest. The amount of | ||
the credit is computed on an actuarial basis in accordance with | ||
regulations of the Office of the Comptroller of the Currency | ||
[ |
||
Deregulation and Monetary Control Act of 1980 (12 U.S.C. Section | ||
1735f-7a [ |
||
secured by a first lien on a residential manufactured home. | ||
SECTION 76. Section 347.356, Finance Code, is amended to | ||
read as follows: | ||
Sec. 347.356. REQUIREMENTS FOR ACTION TO REPOSSESS, | ||
FORECLOSE, OR ACCELERATE PAYMENT OF ENTIRE DEBT. An action to | ||
repossess a manufactured home, foreclose a lien on a manufactured | ||
home, or accelerate payment of the entire unpaid balance of a credit | ||
transaction must comply with the regulations of the Office of the | ||
Comptroller of the Currency [ |
||
disclosure required for repossession, foreclosure, or acceleration | ||
except in extreme circumstances, including abandonment or | ||
voluntary surrender of the manufactured home. | ||
SECTION 77. Section 347.455(b), Finance Code, is amended to | ||
read as follows: | ||
(b) If the real property is included in the cash price of a | ||
credit transaction, the creditor may: | ||
(1) charge a fee that is ordinarily associated with a | ||
real property transaction and is not prohibited by law, including a | ||
fee that is associated with a real property transaction and | ||
excluded from a finance charge under this chapter by the Consumer | ||
Credit Protection Act (15 U.S.C. Section 1601 et seq.) and | ||
Regulation Z (12 C.F.R. Part 1026) [ |
||
|
||
(2) elect to treat the manufactured home as if it were | ||
residential real property for all purposes in connection with the | ||
credit transaction by conspicuously disclosing that election to the | ||
consumer. | ||
SECTION 78. Section 63.005(a), Property Code, is amended to | ||
read as follows: | ||
(a) A manufactured home becomes a new improvement to the | ||
homestead of a family or of a single adult person upon the filing of | ||
the appropriate statement of ownership [ |
||
as provided in Chapter 1201, Occupations Code. As such, if the debt | ||
for the manufactured home was contracted for in writing, that debt | ||
is considered to be for work and materials used in constructing new | ||
improvements thereon and thus constitutes a valid lien on the | ||
homestead when the appropriate statement of ownership [ |
||
|
||
Property in the county in which the land is located. | ||
SECTION 79. Section 1.04(3-a), Tax Code, is amended to read | ||
as follows: | ||
(3-a) Notwithstanding anything contained herein to | ||
the contrary, a manufactured home is an improvement to real | ||
property only if the owner of the home has elected to treat the | ||
manufactured home as real property pursuant to Section 1201.2055, | ||
Occupations Code, and a [ |
||
ownership [ |
||
records of the county in which the home is located as provided in | ||
Section 1201.2055(d), Occupations Code. | ||
SECTION 80. Section 11.432(a), Tax Code, is amended to read | ||
as follows: | ||
(a) Except as provided by Subsection (a-1), for a | ||
manufactured home to qualify as a residence homestead under Section | ||
11.13, the application for exemption required by Section 11.43 must | ||
be accompanied by: | ||
(1) a copy of the statement of ownership [ |
||
|
||
housing division of the Texas Department of 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; | ||
(2) a copy of the sales purchase agreement or other | ||
applicable contract or agreement or the payment receipt showing | ||
that the applicant is the purchaser of the manufactured home; or | ||
(3) a sworn affidavit by the applicant stating that: | ||
(A) the applicant is the owner of the | ||
manufactured home; | ||
(B) the seller of the manufactured home did not | ||
provide the applicant with the applicable [ |
||
agreement; and | ||
(C) the applicant could not locate the seller | ||
after making a good faith effort. | ||
SECTION 81. Section 23.127(a), Tax Code, is amended by | ||
amending Subdivisions (3) and (9) to read as follows: | ||
(3) "Declaration" means a retail manufactured housing | ||
inventory declaration form adopted by the comptroller under this | ||
section in relation to units of manufactured housing considered to | ||
be retail manufactured housing inventory. | ||
(9) "Retail manufactured housing inventory" means all | ||
units of manufactured housing that a retailer holds for sale at | ||
retail and that are defined as inventory by Section 1201.201, | ||
Occupations Code. | ||
SECTION 82. Section 23.127, Tax Code, is amended by adding | ||
Subsection (m) to read as follows: | ||
(m) Except as provided by Subsection (d), a chief appraiser | ||
shall appraise retail manufactured housing inventory in the manner | ||
provided by this section. | ||
SECTION 83. Section 25.08(e), Tax Code, is amended to read | ||
as follows: | ||
(e) A manufactured home shall be listed together with the | ||
land on which the home is located if: | ||
(1) the statement of ownership [ |
||
home issued under Section 1201.207, Occupations Code, reflects that | ||
the owner has elected to treat the home as real property; and | ||
(2) a [ |
||
[ |
||
county in which the home is located. | ||
SECTION 84. Section 32.03(b), Tax Code, is amended to read | ||
as follows: | ||
(b) A bona fide purchaser for value or the holder of a lien | ||
recorded on a manufactured home statement of ownership [ |
||
|
||
recorded with the Texas Department of 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 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. | ||
SECTION 85. The following provisions of the Occupations Code | ||
are repealed: | ||
(1) Sections 1201.003(16) and (31); | ||
(2) Section 1201.058(b); | ||
(3) Sections 1201.206(i), (i-1), and (j); | ||
(4) Section 1201.210(d); | ||
(5) Sections 1201.303(c), (d), (e), (f), and (g); | ||
(6) Section 1201.402; | ||
(7) Section 1201.403; and | ||
(8) Section 1201.611(h). | ||
SECTION 86. This Act takes effect September 1, 2017. | ||
* * * * * |