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                                  * * * * *