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79R2424 QS-D

By:  Quintanilla                                                  H.B. No. 2211



A BILL TO BE ENTITLED

AN ACT

relating to the habitability of mobile homes; providing a penalty.            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1201.452, Occupations Code, is amended 
by amending Subsection (b) and adding Subsections (c) and (d) to 
read as follows:
	(b)  If the used manufactured home does not have the 
appropriate seal or label, the person must:
		(1)  apply to the department for a seal; [and]               
		(2)  pay the fee; and                                                  
		(3)  for a used mobile home, submit to the department a 
written disclosure of the condition of the home's plumbing, 
heating, and electrical systems.
	(c)  On the person's application to the department for 
issuance of a seal for a used mobile home, other than a home 
regulated under Section 1201.457(a) or 1201.458, the department 
shall inspect the home and, if the department determines that the 
home is habitable, issue the seal.  The department may not issue a 
seal for a used mobile home until it determines that the home is 
habitable.
	(d)  On request by a consumer, the department shall provide 
the consumer with a copy of any written disclosure submitted under 
Subsection (b)(3).
	SECTION 2.  Section 1201.605, Occupations Code, is amended 
by amending Subsection (b) and adding Subsection (c) to read as 
follows:
	(b)  The director may assess against a person [retailer] who 
fails to provide information to a consumer as required by this 
chapter an administrative penalty in an amount not to exceed:
		(1)  $1,000 for the first violation;                                          
		(2)  $2,000 for the second violation; and                                     
		(3)  $4,000 for each subsequent violation.                                    
	(c)  In an amount determined by board rule, the director may 
assess an administrative penalty against a person who fails to 
submit a disclosure to the department as required by Section 
1201.452(b)(3).
	SECTION 3.  This Act takes effect September 1, 2005.