By Jones of Dallas H.B. No. 2481
77R7090 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a prohibition of the delivery or installation of a new
1-3 or used manufactured home in a flood-prone area.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6, Texas Manufactured Housing Standards
1-6 Act (Article 5221f, Vernon's Texas Civil Statutes), is amended by
1-7 adding Subsection (n) to read as follows:
1-8 (n)(1) In this subsection, "homesite" means the land on
1-9 which the foundation system for a manufactured home is or will be
1-10 located.
1-11 (2) A retailer, broker, or salesperson who sells,
1-12 exchanges, or lease-purchases a new or used manufactured home to a
1-13 consumer for use as a permanent dwelling may not:
1-14 (A) deliver or arrange for the delivery of the
1-15 home to a homesite in a special flood hazard area designated by the
1-16 director of the Federal Emergency Management Agency;
1-17 (B) install or arrange for the installation of
1-18 the home at a homesite in that area; or
1-19 (C) assist the consumer in the delivery or
1-20 installation of, or in making arrangements for the delivery or
1-21 installation of, the home to or at a homesite in that area.
1-22 (3) Before closing on the acquisition of a new or used
1-23 manufactured home for use as a permanent dwelling, a consumer
1-24 seeking to acquire the home must provide to the retailer, broker,
2-1 or salesperson selling, exchanging, or lease-purchasing the home
2-2 proof that the homesite proposed for the home is not located in a
2-3 special flood hazard area designated by the director of the Federal
2-4 Emergency Management Agency.
2-5 SECTION 2. The change in law made by this Act applies only to
2-6 the sale, exchange, or lease-purchase of a new or used manufactured
2-7 home on or after the effective date of this Act.
2-8 SECTION 3. This Act takes effect immediately if it receives
2-9 a vote of two-thirds of all the members elected to each house, as
2-10 provided by Section 39, Article III, Texas Constitution. If this
2-11 Act does not receive the vote necessary for immediate effect, this
2-12 Act takes effect September 1, 2001.