1-1 By: Cook, et al. (Senate Sponsor - Harris) H.B. No. 2238 1-2 (In the Senate - Received from the House April 26, 1999; 1-3 April 27, 1999, read first time and referred to Committee on State 1-4 Affairs; May 7, 1999, reported favorably by the following vote: 1-5 Yeas 7, Nays 0; May 7, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to exempting certain persons from requirements related to 1-9 the sale, exchange, or lease-purchase of a manufactured home. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 7, Texas Manufactured Housing Standards 1-12 Act (Article 5221f, Vernon's Texas Civil Statutes), is amended by 1-13 adding Subsection (s) to read as follows: 1-14 (s) A person licensed as a real estate broker or salesperson 1-15 under The Real Estate License Act (Article 6573a, Vernon's Texas 1-16 Civil Statutes) may act as a manufactured housing broker or 1-17 salesperson without holding a license under this Act or posting a 1-18 surety bond or other security under this Act, provided that any 1-19 negotiations for the sale, exchange, or lease-purchase of a 1-20 manufactured home are conducted for a consumer for whom the person 1-21 is also acting as a real estate broker or salesperson. 1-22 SECTION 2. Section 8(b), Texas Manufactured Housing 1-23 Standards Act (Article 5221f, Vernon's Texas Civil Statutes), is 1-24 amended to read as follows: 1-25 (b) It is unlawful for a person to sell, exchange, or 1-26 lease-purchase any used manufactured home to a consumer for use as 1-27 a dwelling or residence without giving a written warranty that the 1-28 manufactured home is habitable. The consumer has 60 days after the 1-29 date of the sale, exchange, or lease-purchase agreement to notify 1-30 the seller in writing of any defects that make the home 1-31 uninhabitable. Failure to give this required notice terminates any 1-32 obligations and liabilities of the seller under this section. The 1-33 warranty must conspicuously disclose this requirement to the 1-34 consumer. If the sale, exchange, or lease-purchase is to a 1-35 purchaser for the purchaser's business use, the manufactured home 1-36 need not be habitable; however, the title to the home shall be 1-37 surrendered to the department for cancellation by the seller. 1-38 "Business use" means any use other than for a dwelling or 1-39 residence. The warranty requirement imposed by this subsection 1-40 does not apply to a sale, exchange, or lease-purchase of a 1-41 manufactured home from one consumer to another consumer. 1-42 SECTION 3. This Act takes effect September 1, 1999. 1-43 SECTION 4. The importance of this legislation and the 1-44 crowded condition of the calendars in both houses create an 1-45 emergency and an imperative public necessity that the 1-46 constitutional rule requiring bills to be read on three several 1-47 days in each house be suspended, and this rule is hereby suspended. 1-48 * * * * *