TO: | Honorable Troy Fraser, Chair, Senate Committee on Business & Commerce |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB1460 by Haggerty (Relating to the licensing, acquisition, regulation, and taxation of manufactured housing; providing administrative and criminal penalties. ), Committee Report 2nd House, Substituted |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2008 | ($138,388) |
2009 | ($76,975) |
2010 | ($76,975) |
2011 | ($76,975) |
2012 | ($76,975) |
Fiscal Year | Probable Savings/(Cost) from GENERAL REVENUE FUND 1 |
Change in Number of State Employees from FY 2007 |
---|---|---|
2008 | ($138,388) | 1.5 |
2009 | ($76,975) | 1.0 |
2010 | ($76,975) | 1.0 |
2011 | ($76,975) | 1.0 |
2012 | ($76,975) | 1.0 |
The bill would amend the Occupations Code, the Government Code, and the Tax Code, relating to the taxation, licensing, acquisition, and regulation of manufactured housing.
The bill would amend Chapter 1201 of the Occupations Code to expand the definition of a manufactured home or manufactured housing, including new or used homes. The bill would raise the amount of bond required for a rebuilder license to $50,000 (from $30,000) and for an installer's license to $25,000 (from $10,000) and add a new $50,000 bond for each additional branch location of a retailer.
The bill would require a retailer to surrender the original manufacturer's statement of origin at the first retail sale and apply for a statement of ownership and location within 60 days. Failing to meet the deadline could lead to an administrative penalty of not less than $100 against the seller.
Persons whose license was revoked, suspended, or denied could request a hearing conducted by the State Office of Administrative Hearings. Penalties would be forwarded to TDHCA for deposit to an escrow account.
The bill would amend Chapter 11 of the Tax Code to allow a person seeking a homestead exemption to provide a copy of the current title page for a manufactured home from the TDHCA website or other computer records of TDHCA.
The bill would limit the time a tax lien could be recorded on a home to no later than six months, following the end of a calendar year for which a tax was owed. A properly recorded tax lien could be enforced, but not against the owner of a new home when acquired from a retailer in the ordinary course of business. Title could not be transferred on a home until all tax liens perfected on a home were filed in a timely manner with TDHCA and all personal property taxes accruing on each January 1 within 18 months of the date of the sale were extinguished or satisfied and released.
The bill would place limits on the use of tax warrants in foreclosure, and it would give taxpayers the right to designate payments to a tax year. If a home had been omitted from a tax roll at any time before the second anniversary of the date taxes were due, a taxing unit could file a tax lien no later than the 150th day after the date the tax became delinquent.
The bill would require a taxing unit to provide a prospective buyer of a home with an estimate of personal property taxes due, accept payment in escrow and certify that information to TDHCA, apply payments when due, and notify a new owner of any liability that might be due.
The bill would take effect September 1, 2007. The changes relating to ad valorem taxes would apply beginning January 1, 2008.
Source Agencies: | 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 332 Department of Housing and Community Affairs
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LBB Staff: | JOB, JRO, SD, SJS
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