By Cook, et al. H.B. No. 2238 76R8523 T A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to exempting certain persons from requirements related to 1-3 the sale, exchange, or lease-purchase of a manufactured home. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 7, Texas Manufactured Housing Standards 1-6 Act (Article 5221f, Vernon's Texas Civil Statutes), is amended by 1-7 adding Subsection (s) to read as follows: 1-8 (s) A person licensed as a real estate broker or salesperson 1-9 under The Real Estate License Act (Article 6573a, Vernon's Texas 1-10 Civil Statutes) may act as a manufactured housing broker or 1-11 salesperson without holding a license under this Act or posting a 1-12 surety bond or other security under this Act, provided that any 1-13 negotiations for the sale, exchange, or lease-purchase of a 1-14 manufactured home are conducted for a consumer for whom the person 1-15 is also acting as a real estate broker or salesperson. 1-16 SECTION 2. Section 8(b), Texas Manufactured Housing 1-17 Standards Act (Article 5221f, Vernon's Texas Civil Statutes), is 1-18 amended to read as follows: 1-19 (b) It is unlawful for a person to sell, exchange, or 1-20 lease-purchase any used manufactured home to a consumer for use as 1-21 a dwelling or residence without giving a written warranty that the 1-22 manufactured home is habitable. The consumer has 60 days after the 1-23 date of the sale, exchange, or lease-purchase agreement to notify 1-24 the seller in writing of any defects that make the home 2-1 uninhabitable. Failure to give this required notice terminates any 2-2 obligations and liabilities of the seller under this section. The 2-3 warranty must conspicuously disclose this requirement to the 2-4 consumer. If the sale, exchange, or lease-purchase is to a 2-5 purchaser for the purchaser's business use, the manufactured home 2-6 need not be habitable; however, the title to the home shall be 2-7 surrendered to the department for cancellation by the seller. 2-8 "Business use" means any use other than for a dwelling or 2-9 residence. The warranty requirement imposed by this subsection 2-10 does not apply to a sale, exchange, or lease-purchase of a 2-11 manufactured home from one consumer to another consumer. 2-12 SECTION 3. This Act takes effect September 1, 1999. 2-13 SECTION 4. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended.