Amend HB 3549 as follows:
(1) Add the following new SECTIONS to the bill,
appropriately numbered:
SECTION ____. Section 19(d), Texas Manufactured Housing
Standards Act (Article 5221f, Vernon's Texas Civil Statutes), is
amended to read as follows:
(d) The department may not refuse to issue a document of
title, and may not suspend or revoke a document of title, unless:
(1) the application contains any false or fraudulent
statement, the applicant has failed to furnish information required
by the director, or the applicant is not lawfully entitled to the
issuance of a document of title;
(2) the director has reasonable basis to believe that
the manufactured home has been stolen or unlawfully converted, or
the issuance of a document of title would constitute a fraud
against the rightful owner or a lienholder;
(3) the director has reasonable basis to believe that
the manufactured home is "salvaged" as defined in Section 8 of this
Act and a salvage title has not been applied for;
(4) the required fee has not been paid;
(5) the state sales and use tax has not been paid in
accordance with the provisions of Chapter 158, Tax Code, and its
subsequent amendments, and Subsection (j) of this section; or
(6) a local tax lien was <has been> filed before
September 1, 1999, and recorded pursuant to Section 32.015,
<Property> Tax Code, as that section existed on the date the lien
was filed, and that lien has not been extinguished.
SECTION ____. Section 32.03(b), Tax Code, is amended to read
as follows:
(b) A bona fide purchaser for value or the holder of a lien
recorded on the manufactured home document of title is not required
to pay any taxes imposed in a tax year that begins before January
1, 1999, or<,> penalties<,> or interest on those taxes except for
each year <those years> for which a valid tax lien was <has been>
duly filed and recorded under Section 32.015, as that section
existed on the date the lien was filed, <of this code> and each
year <those years> for which the owner of the manufactured home had
<has> constructive notice of the taxes under Section 32.015(e), as
that section existed before September 1, 1999 <of this code>. The
effect and priority of a tax lien that attaches to secure the
payment of taxes imposed on a manufactured home in a tax year that
begins on or after January 1, 1999, are those established by
Sections 32.01 and 32.05. In this section, "manufactured home" has
the meaning assigned by Section 32.015(b) <32.015(i) of this code>.
SECTION ____. Section 623.093, Transportation Code, is
amended by repealing Subsections (d) and (e), as added by Chapter
791, Acts of the 75th Legislature, Regular Session, 1997, and
adding new Subsections (e) and (f) to read as follows:
(e) If the application is for a permit to transport a
manufactured house from a location other than the location of the
manufacturer or from the location of the retailer of the
manufactured house pursuant to the original sale, exchange, or
lease-purchase of the manufactured house to a consumer, the
application for a permit must be accompanied by a certificate from
the tax assessor-collector for each taxing unit in which the
manufactured house is located that states that there are no unpaid
ad valorem taxes on the manufactured house due that taxing unit. If
the manufactured house is not listed on the most recent tax roll of
each taxing unit in which the manufactured house is located, the
application for the permit must be accompanied by:
(1) evidence satisfactory to the department showing
that the manufactured house was moved into that taxing unit after
January 1 of the current year; or
(2) a certificate from the appraisal district for the
county in which the manufactured house is located that states that
the owner of the manufactured house or another person has provided
that appraisal district with information sufficient to list the
manufactured house in the supplemental appraisal records of that
appraisal district.
(f) In Subsection (e), "consumer," "manufacturer," and
"retailer" have the meanings assigned by the Texas Manufactured
Housing Standards Act (Article 5221f, Vernon's Texas Civil
Statutes).
SECTION ____. Section 623.104, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) A person commits an offense if the person violates this
subchapter. An offense under this subsection is a Class C
misdemeanor, except as provided by Subsection (d).
(d) If the offense involves the movement of a manufactured
house over a highway, road, or street in this state without a
permit issued by the department, the offense is a misdemeanor
punishable by a fine of $500. If the peace officer who arrested or
issued a citation to the defendant was employed by a law
enforcement agency of a municipality or a county, a fine imposed
under this subsection and deposited in the treasury of the
municipality or county may be appropriated only to that law
enforcement agency.
SECTION ____. (a) The changes in law made by this Act to
Section 623.093, Transportation Code, apply only to an application
for a permit under that section that is filed on or after September
1, 1999. An application for a permit under Section 623.093,
Transportation Code, that was filed before September 1, 1999, is
governed by the law in effect on the date the application was
filed, and the former law is continued in effect for that purpose.
(b) The changes in law made by this Act to Section 623.104,
Transportation Code, apply only to an offense committed under that
section on or after September 1, 1999. An offense under Section
623.104, Transportation Code, committed before September 1, 1999,
is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this subsection, an offense was committed
before September 1, 1999, if any element of the offense occurred
before that date.
(2) Strike SECTION 4 of the bill (page 2, lines 40-52,
Senate Committee Printing) and substitute the following:
SECTION 4. Section 32.015, Tax Code, is amended to read as
follows:
Sec. 32.015. <RECORDING> TAX LIEN ON MANUFACTURED HOME. (a)
<The collector for a taxing unit may file notice of the unit's tax
lien on a manufactured home with the department if the tax has not
been paid by January 31 of the year following the year for which
the tax is imposed. The notice must include:>
<(1) the name and address of the owner of the
manufactured home; and>
<(2) the amount of tax owed, the tax year for which
the tax was imposed, and the name of the taxing unit that imposed
the tax; and>
<(3) the complete identification number or serial
number of the manufactured home, or the Department of Housing and
Urban Development label number or state seal number.>
<(b) The collector may simultaneously file notice of tax
liens of all the taxing units served by the collector. However,
notice of any lien for taxes for the prior calendar year must be
filed with the department prior to September 1 of the following
year. Any lien for which the notice is not filed by such date is
extinguished and is not enforceable.>
<(c) If the complete identification or serial number or the
Department of Housing and Urban Development label number or state
seal number of the home on the tax lien notice matches that of a
title of record, the department shall record the tax lien on the
title records of the manufactured home. Simultaneously with the
recording of a tax lien, the department must mail a notice of the
tax lien to any other lienholders of record.>
<(d) The department shall record the tax lien under
Subsection (c) even if the person listed as the owner on the
department's title records is not the person who owned the
manufactured home on the date that the tax was imposed. Recording
of the tax lien does not invalidate a title document or a
certificate of title for the manufactured home that was previously
issued by the department.>
<(e) For all manufactured homes sold, or to which ownership
is transferred, after December 31, 1985, the recording of a tax
lien under this section constitutes constructive notice of the
existence of the tax lien to all purchasers of the manufactured
home who purchase it after the date of recordation of the lien and
before a tax certificate or paid tax receipt is filed pursuant to
Subsection (g).>
<(f) When the ownership of a manufactured home is
transferred, the subsequent owner and the lienholder of the home is
considered to have notice of the ad valorem taxes imposed on the
home for the current tax year or for the previous tax year if the
time for filing a notice of a tax lien under Subsection (b) has not
expired.>
<(g)> On payment of the taxes, penalties, and interest for a
year for which a valid tax lien filed before September 1, 1999, has
been recorded on the title records of the department, the collector
for the taxing unit shall issue a tax certificate showing no taxes
due or a tax paid receipt for such year to the person making
payment. When the tax certificate showing no taxes due or tax paid
receipt is filed with the department, the tax lien is extinguished
and canceled and shall be removed from the title records of the
manufactured home. The collector for a taxing unit may not refuse
to issue a tax paid receipt to the person who offers to pay the
taxes, penalties, and interest for a particular year or years, even
though taxes may also be due for another year or other years.
(b) <(h) If a manufactured home for which a notice of a tax
lien is timely filed does not have a title recorded on the records
of the department, the tax lien is not extinguished and is
enforceable.>
<(i)> In this section, "department<,>" <"label," "seal,">
and "manufactured home" have the meanings assigned by Section 3,
Texas Manufactured Housing Standards Act (Article 5221f, Vernon's
Texas Civil Statutes); however, the term "manufactured home" does
not include a manufactured home that has been attached to real
property and for which the document of title has been canceled
under Section 19(l) of that Act.
(3) In SECTION 36(b) of the bill (page 18, line 8, Senate
committee printing), strike "4,".
(4) Strike SECTION 37 of the bill (page 18, lines 10-13,
senate committee printing).
(5) Renumber the sections of the bill.