By Seidlits H.B. No. 785
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation and characterization of manufactured
1-3 housing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 7A, Texas Manufactured Housing Standards
1-6 Act (Article 5221f, Vernon's Texas Civil Statutes), is amended to
1-7 read as follows:
1-8 Sec. 7A. CONTINUING EDUCATION PROGRAMS. (a) The commissioner
1-9 may recognize, prepare, or administer continuing education programs
1-10 for persons regulated under this Act.
1-11 (b) The commissioner may require participation
1-12 <Participation> in a continuing education program under Subsection
1-13 (a) of this section for renewal of a registration under this Act
1-14 <the programs is voluntary>. If the commissioner elects to require
1-15 participation in a continuing education program, the commissioner
1-16 shall publish notice and conduct a public hearing in the manner
1-17 required under Chapter 2001, Government Code, and the continuing
1-18 education requirement may not take effect before the 30th day after
1-19 the date on which the public hearing is held.
1-20 SECTION 2. Section 9(c), Texas Manufactured Housing
1-21 Standards Act (Article 5221f, Vernon's Texas Civil Statutes), is
1-22 amended to read as follows:
1-23 (c) The commissioner shall adopt rules and regulations,
1-24 promulgate administrative orders, and take all actions necessary to
2-1 comply with the provisions of the National Manufactured Home
2-2 Construction and Safety Standards Act of 1974 and to provide for
2-3 the effective enforcement of all HUD-code manufactured home
2-4 construction and safety standards in order to have its state plan
2-5 approved by the secretary of the United States Department of
2-6 Housing and Urban Development. The state plan may <must> provide
2-7 for the use of <that a manufacturer may, at its option, choose a>
2-8 third-party inspection agencies which are <agency that is> approved
2-9 by <the commission and authorized by> the Department of Housing and
2-10 Urban Development <to act as the In Plant Inspection Agency.
2-11 However, the manufacturer may not change from one third-party In
2-12 Plant Inspection Agency to another without the approval of the
2-13 commission>.
2-14 SECTION 3. Section 19(i), Texas Manufactured Housing
2-15 Standards Act (Article 5221f, Vernon's Texas Civil Statutes), is
2-16 amended to read as follows:
2-17 (i) A lien on the manufactured homes in the inventory is
2-18 perfected by filing a security agreement with the department in a
2-19 form that contains the information the commissioner requires. Once
2-20 perfected, the lien applies to the manufactured homes in the
2-21 inventory as well as to any proceeds of any sale of such homes.
2-22 Failure to pay or satisfy any inventory lien filed and recorded
2-23 against a manufactured home pursuant to the terms of the security
2-24 agreement by the retailer is sufficient cause to revoke or suspend
2-25 the retailer's registration with the commissioner.
2-26 SECTION 4. Subsection (j), Section 19, Texas Manufactured
2-27 Housing Standards Act (Article 5221f, Vernon's Texas Civil
3-1 Statutes), is amended to read as follows:
3-2 (j) If a manufactured home is permanently affixed to real
3-3 estate <by installation on a permanent foundation, as defined by
3-4 the department>, the manufacturer's certificate or the original
3-5 document of title may be surrendered to the department for
3-6 cancellation. The legal description or the appropriate tract or
3-7 parcel number <address and location> of the real estate must be
3-8 given to the department when the certificate or document of title
3-9 is surrendered. The commissioner may require the filing of other
3-10 information. The commissioner may not cancel a manufacturer's
3-11 certificate or a document of title if a lien has been registered or
3-12 recorded on the manufactured home. If a lien has been registered
3-13 or recorded, the commissioner shall notify the owner and each
3-14 lienholder that the title and a description of the lien have been
3-15 surrendered to the department and that the commissioner will not
3-16 cancel the title until the lien is released. Permanent attachment
3-17 to real estate does not affect the validity of a lien recorded or
3-18 registered with the department before the manufactured home is
3-19 permanently attached. The rights of a prior lienholder pursuant to
3-20 a security agreement or the provisions of a credit transaction and
3-21 the rights of the state pursuant to a tax lien are preserved. The
3-22 department shall issue a certificate of attachment to real estate
3-23 to the person surrendering the manufacturer's certificate or
3-24 document of title which shall contain the legal description or the
3-25 appropriate tract or parcel number of the real estate and the
3-26 identification of the home and which shall certify that the
3-27 manufacturer's certificate or original document of title has been
4-1 canceled.
4-2 SECTION 5. Title 1, Property Code, is amended by adding
4-3 Chapter 2 to read as follows:
4-4 CHAPTER 2. NATURE OF PROPERTY
4-5 Sec. 2.001. MANUFACTURED HOUSING. (a) Except as provided
4-6 by Subsection (b), a manufactured home is personal property.
4-7 (b) A manufactured home becomes and is real property if:
4-8 (1) the home is permanently affixed to real property;
4-9 and
4-10 (2) the manufacturer's certificate of origin or the
4-11 original document of title is surrendered for cancellation and a
4-12 certificate of attachment is filed in the real property records of
4-13 the county in which the home is affixed to real estate pursuant to
4-14 the provisions of the Texas Manufactured Housing Standards Act
4-15 (Article 5221f, Vernon's Texas Civil Statutes).
4-16 (c) In this section, "manufactured home" has the meaning
4-17 assigned by the Texas Manufactured Housing Standards Act (Article
4-18 5221f, Vernon's Texas Civil Statutes).
4-19 (d) This section shall not affect nor change the
4-20 classification of a manufactured home as personal or real property
4-21 if the manufactured home was permanently affixed to real estate
4-22 prior to January 1, 1996.
4-23 SECTION 6. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended,
5-1 and that this Act take effect and be in force from and after its
5-2 passage, and it is so enacted.