By Cook 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.