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House Bill 2238 |
House Author: Hamilton |
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Effective: 9-1-09 |
Senate Sponsor: Eltife |
House Bill 2238 amends the Occupations Code to authorize any required action relating to the regulation of manufactured housing to be accomplished by electronic means, if feasible, and to grant the executive director of the manufactured housing division of the Texas Department of Housing and Community Affairs (TDHCA) the authority to waive fees relating to manufactured housing in a declared disaster area. The bill amends provisions relating to the courses required for an applicant for a salesperson's license; specifies that an applicant for an initial installer's license shall receive a license on a provisional, rather than probationary, basis; requires completion of, rather than attendance at, a continuing education course as a prerequisite to renewing a license issued under provisions relating to manufactured housing; and extends the term of such a license from one year to two years.
House Bill 2238 specifies that the tax assessor-collector required to file a statement indicating that no personal property taxes on certain used manufactured homes accrued during a specified time period is the tax assessor-collector for the taxing unit having power to tax the manufactured home. The bill adds the servicing of a loan on a manufactured home or the change in ownership of a lien on a manufactured home to the exceptions to TDHCA's authority to issue a subsequent statement of ownership and location for a home if all owners reflected in TDHCA's records as having ownership interest in the home give their consent or release their interest. The bill makes an exception from the prohibition against TDHCA's altering a record of ownership or lien status, and amends the requirements for declaring a manufactured home abandoned and for perfecting a tax lien on a manufactured home.
House Bill 2238 clarifies that a provision prohibiting an installer from installing a manufactured home at a location on a site that has evidence of certain conditions applies to a used manufactured home, and adds a manufacturer, retailer, or installer whose license is suspended or subject to an administrative sanction to the license holders for which a manufacturer, retailer, or installer whose license is in good standing may perform a warranty obligation. The bill specifies that the manufactured homeowner's trust recovery fund is to be paid directly to a consumer or, at the option of the executive director, to a third party on behalf of a consumer. The bill repeals provisions relating to the proof of insurance required for an installer, limiting the attorney's fees and costs paid in connection with a claim from the manufactured homeowner's recovery trust fund, and requiring a statement of election relating to an owner's treatment of a manufactured home as personal property or real property be executed before a notary public.