Amend CSHB 1869 (committee printing) as follows:
(1) On page 1, strike lines 8-14 and substitute the
following:
Sec. 19A. CERTAIN MANUFACTURED HOMES CONSIDERED REAL
PROPERTY. (a) A manufactured home that is permanently attached to
real property is classified and taxed as real property if the real
property to which the home is attached is titled in the name of the
consumer under a deed or contract for sale. A manufactured home is
considered permanently attached to real property if the home is
secured to a foundation and connected to a utility, including a
utility providing water, electric, natural gas, propane or butane
gas, or wastewater services.
(2) On page 1, line 23, after the period, add "The
installation of a new manufactured home must meet, in addition to
applicable state standards, the manufacturer's specifications
required to validate the manufacturer's warranty."
(3) On page 2, line 2, between "home" and "placed", insert
"permanently attached to real property before September 1, 2001,
or".
(4) On page 2, between lines 4 and 5, insert the following
subsection:
(f) This section does not require a retailer or retailer's
agent to obtain a license under The Real Estate License Act
(Article 6573a, Vernon's Texas Civil Statutes).
(5) On page 3, line 1, between "lots," and "may", insert
"may prohibit the placement of homes within a certain distance from
property lines,".
(6) On page 4, line 18, after the semicolon, add "and".
(7) On page 5, line 3, strike "; and" and substitute "."
(8) On page 5, strike lines 4-9.
(9) Beginning on page 5, line 25, and ending on page 7, line
18, strike SECTION 3 of the bill and substitute the following:
SECTION 3. Section 2.001, Property Code, is amended to read
as follows:
Sec. 2.001. MANUFACTURED HOUSING. (a) Except as provided by
Subsection (b), a manufactured home is real <personal> property.
(b) A manufactured home is personal <real> property if the
home is placed:
(1) on a lot, whether permanently or temporarily, that
is not titled in the name of the consumer under a deed or contract
for sale <the home is permanently attached to real property>; or
<and>
(2) in a manufactured home rental community as defined
by Section 232.007, Local Government Code <the manufacturer's
certificate of origin or the original document of title is
surrendered for cancellation and a certificate of attachment
described by the Texas Manufactured Housing Standards Act (Article
5221f, Vernon's Texas Civil Statutes) is filed in the real property
records of the county in which the home is located>.
(c) In this section, "consumer," "document of title," "first
retail sale," "manufactured home," and "mobile home" have <has> the
meanings <meaning> assigned by the Texas Manufactured Housing
Standards Act (Article 5221f, Vernon's Texas Civil Statutes).
(d) This section does not affect or change the
classification of a manufactured home as personal or real property
if the manufactured home was permanently affixed to real property
before September 1, 2001 <January 1, 1996>.
(e) The Texas Department of Housing and Community Affairs
may not issue a document of title for a new and untitled
manufactured home at the first retail sale of the home if the home
is to be permanently installed by a retailer directly on real
property titled in the name of the consumer under a deed or
contract for sale. Before installation, the consumer must provide
the retailer with a legible copy of the deed containing a legal
description of the real property. The retailer is not required to
determine the validity of the legal description of the real
property. A title company or attorney at law conducting the
closing of a transaction under Section 19A, Texas Manufactured
Housing Standards Act (Article 5221f, Vernon's Texas Civil
Statutes), or the retailer or retailer's agent shall file in the
public land records for the county in which the real property is
located a notice of installation not later than the 10th working
day after the date the installation is completed and shall forward
the manufacturer's certificate of origin and a copy of the notice
of installation to the Texas Department of Housing and Community
Affairs. The notice of installation serves as a completed
cancellation application.
(f) For a manufactured home that is being resold by a
financial institution or a retailer and that is to be permanently
installed directly on real property titled in the name of the
consumer under a deed or contract for sale, a title company or
attorney at law conducting the closing of a transaction under
Section 19A, Texas Manufactured Housing Standards Act (Article
5221f, Vernon's Texas Civil Statutes), or the retailer or
retailer's agent shall file in the public land records for the
county in which the real property is located a notice of
installation not later than the 10th working day after the date the
installation is completed and shall forward the document of title
and a copy of the notice of installation to the Texas Department of
Housing and Community Affairs. The notice of installation serves
as a completed cancellation application.
(g) A notice of installation filed under this section must:
(1) be notarized;
(2) be on a form prescribed by the Texas Department of
Housing and Community Affairs;
(3) contain a description of the manufactured home,
including, as applicable, the home's make, model, dimensions,
federal label number, state seal number, and identification or
serial number;
(4) include a verification of the installation of the
manufactured home as prescribed by Section 19A(c), Texas
Manufactured Housing Standards Act (Article 5221f, Vernon's Texas
Civil Statutes);
(5) include the wind zone designation of the county in
which the manufactured home was installed, if known; and
(6) be signed by:
(A) the retailer, for a manufactured home
described by Subsection (e); or
(B) the installer, for a manufactured home
described by Subsection (f).
(h) Subsections (e), (f), and (g) do not apply to a mobile
home.
(i) This section does not require a retailer or retailer's
agent to obtain a license under The Real Estate License Act
(Article 6573a, Vernon's Texas Civil Statutes).