By Cook                                                H.B. No. 353
       74R1789 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to characterizing manufactured housing as personal
    1-3  property or real property.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 1, Property Code, is amended by adding
    1-6  Chapter 2 to read as follows:
    1-7                    CHAPTER 2.  NATURE OF PROPERTY
    1-8        Sec. 2.001.  MANUFACTURED HOUSING.  (a)  Except as provided
    1-9  by Subsection (b), a manufactured home is personal property.
   1-10        (b)  A manufactured home is real property if:
   1-11              (1)  the home is permanently attached to real property;
   1-12  and
   1-13              (2)  a certificate of attachment described by the Texas
   1-14  Manufactured Housing Standards Act (Article 5221f, Vernon's Texas
   1-15  Civil Statutes) is filed in the real property records of the county
   1-16  in which the home is located.
   1-17        (c)  In this section, "manufactured home" has the meaning
   1-18  assigned by the Texas Manufactured Housing Standards Act (Article
   1-19  5221f, Vernon's Texas Civil Statutes).
   1-20        SECTION 2.  The Texas Manufactured Housing Standards Act
   1-21  (Article 5221f, Vernon's Texas Civil Statutes) is amended by adding
   1-22  Section 21 to read as follows:
   1-23        Sec. 21.  CERTIFICATE OF ATTACHMENT.  (a)  The department
   1-24  shall issue a certificate of attachment to the owner of a
    2-1  manufactured home after certifying that the home is permanently
    2-2  attached to real property.
    2-3        (b)  The department shall:
    2-4              (1)  prescribe the form of the certificate described by
    2-5  Subsection (a); and
    2-6              (2)  establish procedures for:
    2-7                    (A)  certifying that a manufactured home is
    2-8  permanently attached to real property; and
    2-9                    (B)  applying for and issuing a certificate of
   2-10  attachment.
   2-11        SECTION 3.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended,
   2-16  and that this Act take effect and be in force from and after its
   2-17  passage, and it is so enacted.
   2-18                       COMMITTEE AMENDMENT NO. 1
   2-19        Amend subsection (b) of Section 1, H.B. No. 353, to read as
   2-20  follows:
   2-21        (b)  a manufactured home becomes and is real property if:
   2-22              (1)  the home is permanently affixed to real property;
   2-23  and
   2-24              (2)  the manufacturer's certificate of origin or the
   2-25  original document of title is surrendered for cancellation and a
   2-26  certificate of attachment is filed in the real property records of
   2-27  the county in which the home is affixed to real estate pursuant to
    3-1  the provisions of the Texas Manufactured Housing Standards Act,
    3-2  (Article 5221f, Vernon's Texas Civil Statutes).
    3-3                                                                Brady
    3-4                       COMMITTEE AMENDMENT NO. 2
    3-5        Amend Section 1, H.B. 353, by adding a new subsection (d) to
    3-6  read as follows:
    3-7        (d)  This section shall not affect nor change the
    3-8  classification of a manufactured home as personal or real property
    3-9  if the manufactured home was permanently affixed to real estate
   3-10  prior to January 1, 1996.
   3-11                                                                Brady