SRC-TNM C.S.H.B. 2703 75(R)    BILL ANALYSIS


Senate Research CenterC.S.H.B. 2703
By: Stiles (Harris)
State Affairs
5-15-97
Committee Report (Substituted)


DIGEST 

The mobile home/manufactured housing industry has been regulated by the
State of Texas since 1969.  As a result of the passage of H.B. 785 by the
74th Legislature, the regulation of the manufactured housing industry was
moved from the Texas Department of Licensing and Regulation to the Texas
Department of Housing and Community Affairs, effective in 1995.  Since
that time, changes in federal regulations, and concerns of homeowners,
have raised questions about the industry.  CS.H.B. 2703 would make changes
to the Texas Manufactured Housing Standards Act regarding the regulation
of manufactured housing. 
 
PURPOSE

As proposed, C.S.H.B. 2703 outlines provisions and provides penalties
regarding the regulation of manufactured housing. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the executive director of the Texas
Department of Housing and Community Affairs under SECTION 8 (Section 9,
Article 5221f, V.T.C.S.), SECTION 21 (Section 623.095(c), Transportation
Code) and SECTION 22 (Section 623.096(b), Transportation Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3, Article 5221f, V.T.C.S. (Texas Manufactured
Housing Standards Act), to define "advertising," "advertisement,"
"alteration," "board," "broker," "code," "consumer," "department,"
"director," "HUD-code manufactured home," "installation," "installer,"
"label," "leasepurchase," "license holder," "manufactured housing,"
"manufactured home," "manufacturer," "mobile home," "person," "retailer,"
"salesperson," and "seal."  Deletes existing definitions. 

SECTION 2. Amends Section 3A, Article 5221f, V.T.C.S., to provide that the
definitions of "mobile home," "HUD-code manufactured home," and
"manufactured housing" set forth in Section 3 of this Act, rather than
article.  Prohibits the terms "mobile home," HUD-manufactured home," and
"manufactured housing" from being defined in any manner which is not
identical to the definitions set forth in Section 3 of this Act. 

SECTION 3. Amends Sections 4(f), (g), (h), and (i), Article 5221f,
V.T.C.S, to require the Texas Department of Housing and Community Affairs
(department) to establish an inspection program whereby at least 25
percent of the manufactured homes installed are inspected on a random
sample basis for compliance.  Requires the department's program to place
priority on multi-section homes and homes installed in Wind Zone II.
Requires a local government unit to show good cause by substantial
evidence that the public health and safety require different standards.
Requires the executive director of the department (director) to publish a
notice and conduct a public hearing under Section 9 of this Act, rather
than in accordance with Chapter 2001, Government Code, not sooner than the
30th day following the publication of notice.  Makes a conforming change. 

SECTION 4. Amends Section 6, Article 5221f, V.T.C.S., by amending
Subsections (e), (f), (g), and (h), and by adding Subsection (l), to
provide that it is unlawful for a manufacturer to sell, exchange, or
lease-purchase or offer to sell, exchange, or lease-purchase a
manufactured home to any person  in the state other than a licensed,
rather than registered, retailer.  Provides that it is unlawful for a
salesperson to aid or assist a consumer in preparing or in providing any
false or misleading information on a document related to the purchase or
financing of a manufactured home or for a salesperson to submit any
information known to be false or misleading to a retailer or to a credit
underwriter.  Makes conforming changes. 

SECTION 5. Amends Article 5221f, V.T.C.S., by adding Section 6B, as
follows: 

Sec. 6B. WIND ZONE REGULATIONS.  Sets forth counties located in Wind Zone
II.  Sets forth requirements regarding wind zone regulations. 

SECTION 6. Amends Section 7, Article 5221f, V.T.C.S., to prohibit a person
from constructing or assembling a new HUD-code manufactured home in the
state or ship a new HUD-code manufactured home into the state, unless the
person is licensed, rather than registered, as a manufactured housing
manufacturer with the department and possesses a valid manufacturer's
license, rather than a certificate of registration, at the time the home
is constructed or assembled. Requires each applicant for a license, rather
than certificate or registration, as a rebuilder to file with the director
an application for a license, rather than registration, containing certain
information. Provides that while acting as an agent for a license holder,
rather than registrant, an employee is covered by the business entity's
license and is not required to be individually licensed.  Sets forth
instances in which the director is authorized, after notice and hearing
under Section 9 of this Act, to refuse to issue or to permanently revoke,
or suspend any license.  Requires the director to conduct any hearing
involving the denial, renewal, revocation or suspension of a license in
accordance with Chapter 2001, Government Code.  Provides that the
regulation of air-conditioning contractors is exclusively reserved to the
Texas Department of Licensing and Regulation.  Deletes text regarding the
applicability of this subsection.  Requires each applicant for a
salesperson's license to file with the director an application giving such
information as the director deems necessary and pay the required fee.
Provides that an officer of a corporation which is duly licensed as a
retailer or broker does not have to apply for licensing as a salesperson
so long as such individual is properly listed in the retailer's or
broker's application for license.  Requires any person not licensed or
registered with the department or a predecessor agency as of September 1,
1987, to attend and complete 20 hours of instruction in the law and
consumer protection regulations as a prerequisite for a license, rather
than prior to any registration.  Provides that this subsection does not
apply to a registrant making application to license additional business
locations, to renew or reinstate a license, or to make application for
licensing as a salesperson.  Authorizes the director to recognize and
approve a training program, rather than one-day training program, in lieu
of the instruction requirements imposed under Subsection (o), rather than
(p), of this section.  Sets forth requirements regarding the renewal of a
license.  Makes conforming and nonsubstantive changes. 

SECTION 7. Amends Section 7A, Article 5221f, V.T.C.S., as follows:

Sec. 7A. New heading: EDUCATION PROGRAMS. Authorizes the director to
recognize, prepare, or administer certification programs for persons
regulated under this Act.  Requires the director to issue appropriate
certificates to those persons who complete the certification program or
who participate in the continuing education program. 

SECTION 8. Amends Section 8(d), (f), and (h), Article 5221f, V.T.C.S., to
require the seller or transferor to forward documents after the date the
seller or transferor obtains possession of the necessary executed
documents.  Makes conforming and nonsubstantive changes. 

SECTION 9. Amends Sections 9(d), (e), (f), (g), and (m), Article 5221f,
V.T.C.S., to define "rule." Provides that an administrative order which is
not of general applicability but is directed to specific licensees
relating to warranties, the correction of defects and compliance with the
law and regulation is not a rule.  Deletes text requiring the director to
publish a certain notice.  Requires all rules to be promulgated and
adopted in accordance with Chapter 2001, Government Code, and with the
provisions of this section.  Deletes text requiring the director to afford
interested persons an opportunity to participate in the rulemaking.  Sets
forth requirements regarding a proposed rule, amendment to a rule, or
repeal of a rule.  

 SECTION 10. Amends Sections 11(c) and (d), Article 5221f, V.T.C.S., to
make conforming changes.  

SECTION 11. Amends Sections 13(a), (f), (g), (h), and (i), Article 5122f,
V.T.C.S., to require a retailer to be bonded or post other security in the
amount of $50,000, rather than $30,000.  Requires any other security on
file with the department to remain on file and be maintained for two years
after the person ceases business as a manufacturer, retailer, broker,
rebuilder, or installer.  Makes conforming changes. 

SECTION 12. Amends Sections 13A(e), (f), (g), and (k), to delete text
requiring a consumer to file a verified written complaint.  Makes
conforming changes. 

SECTION 13. Amends Section 14, Article 5221f, V.T.C.S., to set forth
instances in which the seller of real estate is authorized to give the
initial purchaser a written warranty which combines the manufacturer's and
retailer's warranties which are required by this section.  Provides that
if this combination warranty is given, the manufacturer and retailer do
not have to give separate written warranties; however, each shall be
jointly liable with the seller of the real estate to the purchaser for the
performance of their respective warranty responsibilities.  Makes
conforming changes. 

SECTION 14. Amends Section 17(b), Article 5221f, V.T.C.S., to make a
conforming change. 

SECTION 15. Amends Sections 18(d), (f), and (g), Article 5221f, V.T.C.S.,
to provide that a consumer's contract regarding a new manufactured home is
voidable within two years from the date of the purchase of the home if the
retailer purchased the home from an unlicensed, rather than unregistered,
manufacturer in violation of Section 6(h) of this Act.  Makes conforming
changes. 

SECTION 16. Amends Section 19(k), Article 5221f, V.T.C.S., to make a
conforming change. 

SECTION 17. Amends Section 3(8), Article 5069-6A.03, V.T.C.S., to provide
that in a transaction not involving real estate, no fee for the
preparation of credit documents shall be charged to the consumer and the
only items, rather than fees, which can be charged to the consumer are
those fees and taxes paid by the creditor as required by law or regulation
and those paid on behalf of the consumer. 

SECTION 18. Amends Section 6(f), Article 8861, V.T.C.S. (Air Conditioning
and Refrigeration Contractor Licensing Law), to outline provisions and
delete text regarding the applicability of this article. 

SECTION 19. Amends Section 623.093, Transportation Code, to set forth the
information a permit is required to show if the manufactured home is being
moved from or to a site in this state where it has been, or will be,
occupied as a dwelling.  Requires the department to send on a quarterly
basis a copy of the permit, or furnish the essential information in the
permit, to the chief appraiser of the appraisal district for each county
in which the movement begins or ends if the permit shows additional
information required by Subsection (d). 

SECTION 20. Amends Section 623.094, Transportation Code, as follows:

Sec. 623.094. New heading: PERMIT ISSUANCE.  Sets forth requirements and
outlines provisions regarding permit issuance. 

SECTION 21. Amends Section 623.095, Transportation Code, as follows:

Sec. 623.095. New heading: PERMIT TYPES.  Outlines provisions regarding
the issuance of certain types of permits. 

SECTION 22. Amends Section 623.096, Transportation Code, to set forth
requirements regarding the collection of permit fees.  Deletes text
regarding permit fees. 

SECTION 23. (a) Effective date: September 1, 1997.
 
(b) Provides that a certificate of registration that is valid immediately
before the effective date of this Act remains valid until the expiration
date of the registration. 

(c) Provides that the increase in the bond for a retailer's license
required by Section 11 of this Act is effective on September 1, 1997, for
an initial license and is effective for a license holder on the date of
renewal. 

SECTION 24. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 3, Article 5221f, V.T.C.S., to add the definition of
"license holder" and delete the definition of "registrant."   

SECTION 2.

Amends Section 3A, Article 5221f, V.T.C.S., regarding definitions binding.

SECTION 3.

Amends Sections 4(f), (g), (h), and (i), Article 5221f, V.T.C.S.,
regarding an inspection program. 

SECTION 4. 

Amends Section 6, Article 5221f, V.T.C.S., by amending Subsections (e),
(f), (g), (h), and adding Subsection (l), to make conforming changes. 

SECTION 5. 

Amends Section 6B, Article 5221f, V.T.C.S., regarding wind zone
regulations. 

SECTION 6.

Amends Section 7, Article 5221f, V.T.C.S., regarding registration.

SECTION 7. 

Amends Section 7A, Article 5221f, V.T.C.S., regarding education programs.

SECTION 8.

Amends Sections 8(d), (f), (h), Article 5221f, V.T.C.S., to make
conforming changes. 

SECTION 9.

Amends Subsections (d), (e), (f), (g), and (m), Article 5221f, V.T.C.S.,
regarding rules. 

SECTION 10.

Amends Sections 11(c) and (d), Article 5221f, V.T.C.S., to make conforming
changes. 

SECTION 11.

Amends Sections 13(a), (f), (g), (h), and (i), Article 5221f, V.T.C.S.,
regarding surety bonds. 


 
SECTION 12.

Amends Sections 13A(e), (f), (g), and (k), Article 5221f, V.T.C.S., to
make conforming changes. 

SECTION 17.

Amends Section 3(8), Article 5069-6A.03, V.T.C.S., regarding a certain
transaction. 

SECTION 18.

Amends Section 6(f), Article 8861, V.T.C.S. (Air Conditioning and
Refrigeration Contractor Law), regarding installation of air conditioning. 

SECTION 19.

Amends Section 623.093, Transportation Code, regarding contents of
application and permit. 

SECTION 20.

Amends Section 623.094, Transportation Code, regarding permit issuance.

SECTION 21.

Amends Section 623.095, Transportation Code, regarding permit types.

SECTION 22.

Amends Section 623.096, Transportation Code, regarding permit fees.