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AN ACT
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relating to the regulation of manufactured housing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 1201, Occupations Code, is |
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amended by adding Section 1201.009 to read as follows: |
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Sec. 1201.009. ELECTRONIC MEANS AUTHORIZED. If feasible, |
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any action required under this chapter may be accomplished by |
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electronic means. |
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SECTION 2. Section 1201.058, Occupations Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) If the governor by executive order or proclamation |
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declares a state of disaster under Chapter 418, Government Code, |
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the director, in accordance with rules adopted by the board, may |
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waive the imposition of any fee under this chapter in the affected |
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area. |
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SECTION 3. Sections 1201.104(c), (e), and (f), Occupations |
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Code, are amended to read as follows: |
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(c) An applicant for a salesperson's license may apply for a |
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license without having completed the course of instruction if |
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[provided that] the person successfully completes the [next
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scheduled] course not later than the 90th day [offered] after the |
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date of the person's licensure. If the person fails to complete |
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such course successfully and in a timely manner, the person's |
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license is automatically suspended until the person successfully |
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completes the course. |
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(e) The board shall adopt rules relating to course content |
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and approval. [Classes must be live. Online or other electronic
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classes are not permitted.] |
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(f) An applicant for an initial installer's license shall |
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receive a license on a provisional [probationary] basis. The |
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person's provisional [probationary] status remains [shall remain] |
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in effect until [such time as] a sufficient number of installations |
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completed by the person have been inspected by the department and |
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found not to have any identified material violations of the |
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department's rules. The board, with the advice of the advisory |
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committee to be established under Section 1201.251, shall adopt |
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rules to establish what constitutes a sufficient number of |
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installations under this subsection. |
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SECTION 4. Section 1201.113(b), Occupations Code, is |
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amended to read as follows: |
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(b) Completion of [Attendance at] an approved or |
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administered continuing education course described by Subsection |
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(a) is a prerequisite to renewal of a license. |
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SECTION 5. Section 1201.114, Occupations Code, is amended |
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to read as follows: |
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Sec. 1201.114. LICENSE EXPIRATION[; PROBATIONARY LICENSE]. |
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[(a)] Any license under this chapter [other than a probationary
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license] is valid for two years. A license may be renewed as |
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provided by the director. A person whose license has been suspended |
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or revoked or whose license has expired may not engage in activities |
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that require a license until the license has been reinstated or |
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renewed. |
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[(b)
If the director determines that a licensed salesperson
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or installer should receive a probationary license, the director
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may issue a probationary license on such terms and for such period
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as are deemed reasonable. The issuance of a license on a
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probationary basis, any one or more of the specific terms of the
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probation, or the period of probation may be appealed before the
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31st day after issuance of the probationary license by written
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notice to the director. If appeal is made, the director shall set
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the matter for a hearing before the State Office of Administrative
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Hearings, and all administrative proceedings relating to the
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issuance of the probationary license shall be deemed to be a
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contested case under Chapter 2001, Government Code. If no appeal is
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made, the probationary license shall be issued and shall remain in
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effect in accordance with the terms specified.] |
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SECTION 6. Sections 1201.116(a) and (c), Occupations Code, |
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are amended to read as follows: |
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(a) The department shall renew a license if the department |
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receives the renewal application and payment of the required |
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[annual] fee before the expiration date of the license. |
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(c) The renewal license expires on the second [first] |
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anniversary of the date the license was renewed. |
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SECTION 7. Section 1201.204(c), Occupations Code, is |
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amended to read as follows: |
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(c) After the first retail sale of a manufactured home, the |
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retailer must submit the original manufacturer's certificate for |
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that home to the department. If an application for an initial |
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statement of ownership is made without the required manufacturer's |
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certificate and the retailer does not provide it as required, the |
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department shall, on or before the issuance of the requested |
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statement of ownership and location, send written notice to each |
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party currently reflected on the department's records as having a |
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recorded lien on the inventory of that retailer with respect to that |
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home. Failure to include the original manufacturer's certificate |
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with such an application does not impair a consumer's ability to |
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obtain, on submittal of an otherwise complete application, a |
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statement of ownership and location free and clear of any liens |
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other than liens created by or consented to by the consumer. |
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SECTION 8. Section 1201.206(g), Occupations Code, is |
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amended to read as follows: |
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(g) When [the seller files] an application for the issuance |
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of a statement of ownership and location for a used manufactured |
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home that is not in a retailer's inventory is filed, [the seller
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shall also file with the department] a statement from the tax |
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assessor-collector for the taxing unit having power to tax the |
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manufactured home shall also be filed with the department. The |
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statement from the tax assessor-collector must indicate that there |
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are no personal property taxes due on the manufactured home that may |
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have accrued on each January 1 that falls within the 18 months |
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before the date of the sale. |
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SECTION 9. Section 1201.207(c), Occupations Code, is |
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amended to read as follows: |
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(c) Except with respect to any change in use, servicing of a |
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loan on a manufactured home, or change in ownership of a lien on a |
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manufactured home, but subject to Section 1201.2075, if the |
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department has issued a statement of ownership and location for a |
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manufactured home, the department may issue a subsequent statement |
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of ownership and location for the home only if all parties reflected |
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in the department's records as having an interest in the |
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manufactured home give their written consent or release their |
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interest, either in writing or by operation of law, or the |
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department has followed the procedures provided by Section |
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1201.206(k) to document ownership and lien status. Once the |
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department issues a statement of ownership and location, the |
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department shall not alter the record of the ownership or lien |
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status, other than to change the record to accurately reflect the |
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proper owner's or lienholder's identity, of a manufactured home for |
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any activity occurring before the issuance of the statement of |
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ownership and location without either the written permission of the |
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owner of record for the manufactured home, their legal |
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representative, or a court order. |
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SECTION 10. Sections 1201.217(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) Before declaring a manufactured home abandoned, the |
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owner of real property on which the home is located must send a |
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notice of intent to declare the home abandoned to the record owner |
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of the home, all lienholders at the addresses listed on the home's |
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statement of ownership and location on file with the department, |
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[and] the tax collector for each taxing unit that imposes ad valorem |
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taxes on the real property where the home is located, and any |
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intervening owners of liens or equitable interests. The notice |
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must include the address where the home is currently located. If |
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the person giving such notice knows that a [the] person to whom the |
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notice is being given no longer resides and is no longer receiving |
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mail at a known [such] address, a reasonable effort shall be made to |
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locate the person and give the person notice at an address where the |
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person is receiving mail. Mailing of the notice by certified mail, |
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return receipt requested, postage prepaid, to the persons required |
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to be notified by this subsection constitutes conclusive proof of |
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compliance with this subsection. |
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(c) On receipt of a notice of intent to declare a |
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manufactured home abandoned, the record owner of the home, a |
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lienholder, [or] a tax assessor-collector for a taxing unit that |
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imposes ad valorem taxes on the real property on which the home is |
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located, or an intervening owner of a lien or equitable interest may |
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enter the real property on which the home is located to remove the |
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home. The real property owner must disclose to the record owner, |
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lienholder, [or] tax assessor-collector, or intervening owner |
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seeking to remove the home the location of the home and grant the |
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person reasonable access to the home. A person removing a home is |
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responsible to the real property owner for any damage to the real |
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property resulting from the removal of the home. |
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SECTION 11. Section 1201.219, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) Except as provided by Subsection (a) and subject to |
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Subsection (d), a lien on a manufactured home is perfected only by |
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filing with the department the notice of lien on a form provided by |
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the department. [The form shall require the disclosure of the
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original dollar amount of the lien and, if a tax lien, the name and
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address of the person in whose name the manufactured home is listed
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on the tax roll.] The department shall disclose on its website the |
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date of each lien filing. A[, the original amount of the lien
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claimed by each filing, and the fact that the amount shown does not
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include additional sums including interest, penalties, and
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attorney's fees. The statement required by Section 1201.205(7) is
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notice to all persons that the tax lien exists. Except as expressly
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provided by Chapter 32, Tax Code, a] lien recorded with the |
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department has priority, according to the chronological order of |
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recordation, over another lien or claim against the manufactured |
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home[. Tax liens shall be filed by the tax collector for any taxing
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unit having the power to tax the manufactured home. A single filing
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by a tax collector is a filing for all the taxing units for which the
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tax collector is empowered to collect]. |
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(d) Except as provided by Subsection (a), a tax lien on a |
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manufactured home is perfected only by filing with the department |
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the notice of the tax lien on a form provided by the department in |
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accordance with the requirements of Chapter 32, Tax Code. The form |
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must require the disclosure of the original dollar amount of the tax |
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lien and the name and address of the person in whose name the |
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manufactured home is listed on the tax roll. The department shall |
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disclose on its Internet website the date of each tax lien filing, |
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the original amount of the tax lien claimed by each filing, and the |
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fact that the amount shown does not include additional sums, |
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including interest, penalties, and attorney's fees. The statement |
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required by Section 1201.205(7) is notice to all persons that the |
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tax lien exists. A tax lien recorded with the department has |
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priority over another lien or claim against the manufactured home. |
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Tax liens shall be filed by the tax collector for any taxing unit |
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having the power to tax the manufactured home. A single filing by a |
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tax collector is a filing for all the taxing units for which the tax |
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collector is empowered to collect. |
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SECTION 12. Section 1201.255(b), Occupations Code, is |
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amended to read as follows: |
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(b) An installer may not install a used manufactured home at |
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a location on a site that has evidence of ponding, runoff under |
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heavy rains, or bare uncompacted soil unless the installer first |
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obtains the owner's signature on a form promulgated by the board |
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disclosing that such conditions may contribute to problems with the |
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stabilization system for that manufactured home, including |
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possible damage to that home, and the owner accepts that risk. |
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SECTION 13. Section 1201.358(c), Occupations Code, is |
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amended to read as follows: |
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(c) The director may issue an order: |
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(1) directing a manufacturer, retailer, or installer |
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whose license is not revoked, suspended, or subject to an |
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administrative sanction under Section 1201.357(b) and who is not |
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out of business to perform the warranty obligation of a |
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manufacturer, retailer, or installer whose license is revoked, |
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suspended, or subject to an administrative sanction under Section |
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1201.357(b) or who is out of business; and |
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(2) giving the manufacturer, retailer, or installer |
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performing the obligation the right of indemnification against |
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another party. |
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SECTION 14. Section 1201.404(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as otherwise provided by Subchapter C, the trust |
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fund shall be paid directly to a consumer or, at the director's |
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option, to a third party on behalf of a consumer [used] to |
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compensate a consumer who sustains actual damages resulting from an |
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unsatisfied claim against a licensed manufacturer, retailer, |
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broker, or installer if the unsatisfied claim results from a |
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violation of: |
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(1) this chapter; |
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(2) a rule adopted by the director; |
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(3) the National Manufactured Housing Construction |
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and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.); |
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(4) a rule or regulation of the United States |
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Department of Housing and Urban Development; or |
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(5) Subchapter E, Chapter 17, Business & Commerce |
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Code. |
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SECTION 15. The following sections of the Occupations Code |
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are repealed: |
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(1) Section 1201.160; |
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(2) Section 1201.2055(b); and |
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(3) Section 1201.405(b). |
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SECTION 16. (a) Sections 1201.104(c) and (f), Occupations |
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Code, as amended by this Act, apply only to a license application |
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filed with the executive director of the manufactured housing |
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division of the Texas Department of Housing and Community Affairs |
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on or after the effective date of this Act. An application filed |
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with the executive director of the manufactured housing division of |
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the Texas Department of Housing and Community Affairs before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and the former law is continued in |
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effect for that purpose. |
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(b) Sections 1201.113(b) and 1201.116(a) and (c), |
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Occupations Code, as amended by this Act, apply only to a license |
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that is renewed on or after the effective date of this Act. A |
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license that is renewed before the effective date of this Act is |
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governed by the law in effect immediately before that date, and the |
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former law is continued in effect for that purpose. |
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(c) Section 1201.206(g), Occupations Code, as amended by |
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this Act, applies only to an application for a statement of |
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ownership and location filed on or after the effective date of this |
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Act. An application for a statement of ownership and location filed |
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before the effective date of this Act is governed by the law in |
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effect immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 17. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2238 was passed by the House on April |
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9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2238 on May 8, 2009, by the following vote: Yeas 133, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2238 was passed by the Senate, with |
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amendments, on May 5, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |