SRC-TNM S.B. 579 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 579
By: Harris
State Affairs
5-4-97
As Filed


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.  S.B. 579 would make changes to
the Texas Manufactured Housing Standards Act regarding the regulation of
manufactured housing. 
 
PURPOSE

As proposed, S.B. 579 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.) 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 "Act," "advertising," "advertisement,"
"alteration," "board," "broker," "code," "consumer," "department,"
"director," "HUD-code manufactured home," "installation," "installer,"
"label," "lease-purchase," "manufactured housing," "manufactured home,"
"manufacturer," "mobile home," "person," "registrant," "retailer,"
"salesperson," and "seal."  Deletes existing definitions. 

SECTION 2. Amends Section 3A, Article 5221f, V.T.C.S., to prohibit 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.  Provides that no manufactured home
constructed on or after July 13, 1994, shall be installed in Wind Zone II
unless the home was designed and constructed to meet or exceed federal
construction and safety standards for Wind Zone II which became effective
on that date.  Sets forth counties within Wind Zone II.  Requires
purchasers of used manufactured homes constructed prior to July 13, 1994,
to be given a notice by the selling retailer that the home was constructed
prior to the effective date of the increased federal construction and
safety standards for hurricane zones, and that the purchaser may not be
allowed to install the home in Wind Zone II.  Requires all manufactured
homes installed in Wind Zone II before September 1, 1997, to be permitted
to remain, and be relocated and 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 pursuant to the provisions of 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, before the
adoption of any standards or requirements, any change in standards, or the
approval of different  standards by any local governmental unit.  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 any 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 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. Provides that while acting as an agent for a
licensee an employee is covered by the business entity's license and is
not required to be individually licensed.  Authorizes the director, after
notice and hearing pursuant to the provisions of Section 9 of this Act, to
refuse to issue or to permanently revoke, or suspend any license if the
director finds that the applicant or licensee knowingly or willfully
violated any provisions of this Act, rather than article, among other
violations.  Requires the director to conduct any hearing involving the
denial, renewal, revocation or suspension of a license in accordance with
Chapter 2001, Government Code.  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.  Sets forth requirements regarding the renewal
of a license.  Makes conforming and nonsubstantive changes. 

SECTION 6. 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 7. Amends Section 8, Article 5221f, V.T.C.S., to provide that is
is unlawful for a person to sell, exchange, or lease-purchase any used
manufactured home to a consumer for use as a residence without giving a
written warranty that the home is habitable except as provided in this
section.  Provides that the consumer has 90, rather than 60, days after
the date of the sale, exchange, or lease-purchase agreement to notify the
seller in writing of any defects that make the home uninhabitable.
Deletes text regarding the sale, exchange, or lease-purchase of a
manufactured home. Deletes the definition of "business use."  Sets forth
provisions regarding a used manufactured home. Deletes a provision
regarding a repossessed manufactured home.  Deletes text regarding the
authorization of a retailer to sell or exchange a used manufactured home.
Makes conforming and nonsubstantive changes. 

SECTION 8. Amends Sections 9(d), (e), (f), (g), and (m), Article 5221f,
V.T.C.S., to define "rule," and "rules."  Provides that administrative
orders which are not of general applicability but are directed to specific
licensees relating to warranties, the correction of defects and compliance
with the law and regulation are not rules.  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 all  proposed rules, amendments to rules, and
repeal of rules.  Makes a conforming change. 

SECTION 9. Amends Sections 11(c) and (d), Article 5221f, V.T.C.S., to make
conforming changes. 

SECTION 10. 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 $100,000, 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 11. Amends Sections 13A(e), (f), (g), and (k), to make conforming
changes. 

SECTION 12. 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. 

SECTION 13. Amends Section 17(b), Article 5221f, V.T.C.S., to make a
conforming change. 

SECTION 14. 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 15. Amends Section 19(k), Article 5221f, V.T.C.S., to make a
conforming change. 

SECTION 16. Provides that for purposes of continuity in administration and
enforcement, the terms "registration" and "certificate of registration"
shall be a "license" until renewed as a license on expiration. 

SECTION 17. Effective date: September 1, 1997.

SECTION 18. Emergency clause.
  Effective date: upon passage.