By Harris S.B. No. 772 76R6025 KEL-F 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: 1-13 (1) any negotiations for the sale, exchange, or 1-14 lease-purchase of a manufactured home are conducted for a consumer 1-15 for whom the person is also acting as a real estate broker or 1-16 salesperson; and 1-17 (2) the person complies with other applicable 1-18 requirements of this Act. 1-19 SECTION 2. Section 8(b), Texas Manufactured Housing 1-20 Standards Act (Article 5221f, Vernon's Texas Civil Statutes), is 1-21 amended to read as follows: 1-22 (b) It is unlawful for a person to sell, exchange, or 1-23 lease-purchase any used manufactured home to a consumer for use as 1-24 a dwelling or residence without giving a written warranty that the 2-1 manufactured home is habitable. The consumer has 60 days after the 2-2 date of the sale, exchange, or lease-purchase agreement to notify 2-3 the seller in writing of any defects that make the home 2-4 uninhabitable. Failure to give this required notice terminates any 2-5 obligations and liabilities of the seller under this section. The 2-6 warranty must conspicuously disclose this requirement to the 2-7 consumer. If the sale, exchange, or lease-purchase is to a 2-8 purchaser for the purchaser's business use, the manufactured home 2-9 need not be habitable; however, the title to the home shall be 2-10 surrendered to the department for cancellation by the seller. 2-11 "Business use" means any use other than for a dwelling or 2-12 residence. The warranty requirement imposed by this subsection 2-13 does not apply to a sale, exchange, or lease-purchase in which the 2-14 seller obtained the manufactured home that is the subject of the 2-15 transaction as a consumer. 2-16 SECTION 3. This Act takes effect September 1, 1999. 2-17 SECTION 4. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended.