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.