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.