HBA-MPA H.B. 2238 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2238
By: Cook
Urban Affairs
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, in order to sell more than one manufactured home with an
outstanding title in any consecutive 12-month period, a person must be
registered under the Texas Manufactured Housing Standards Act (Article
5221f, V.T.C.S.).  Real estate licensees frequently negotiate the sale of
real property on which one or more manufactured homes are located.  If the
certificates of title for those homes have not been surrendered, and if the
real estate licensee has participated in the transfer of another
manufactured home in the last 12 months, the real estate licensee may not
assist the client with obtaining purchasers for the homes, even though the
real estate licensee may negotiate the transfer of the real property. 

The Texas Manufactured Housing Standards Act also requires that all sellers
of manufactured homes provide purchasers with a written warranty.  This
warranty requirement has caused confusion where the transfer of the home is
from one consumer to another.  H.B. 2238 allows a real estate licensee to
negotiate the sale, exchange, or lease-purchase of manufactured homes on
behalf of a person for whom the real estate licensee otherwise acts as real
estate broker, and eliminates the written warranty requirement for sale,
exchange, or lease-purchase of manufactured homes between consumers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 7, Article 5221f, V.T.C.S. (Texas Manufactured
Housing Standards Act), by adding Subsection (s), to authorize a person
licensed as a real estate broker or salesperson under Article 6573a (The
Real Estate License Act), V.T.C.S., to act as a manufactured housing broker
or salesperson without holding a license, posting a surety bond or other
security under this article, provided the person is also acting as a real
estate broker or salesperson. 

SECTION 2.  Amends Section 8(b), Article 5221f, V.T.C.S., to exempt a sale,
exchange, or leasepurchase of a manufactured home from one consumer to
another consumer from the warranty requirements of this subsection. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.   Emergency clause.