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A BILL TO BE ENTITLED
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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. Sections 1201.2055(d), (e), and (g), Occupations |
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Code, are amended to read as follows: |
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(d) If an owner elects to treat a manufactured home as real |
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property, the department shall issue to the owner a certified copy |
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of the statement of ownership and location that on its face reflects |
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that the owner has elected to treat the manufactured home as real |
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property at the location listed on the statement. Not later than |
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the 60th day after the date the department issues a certified copy |
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of the statement of ownership and location to the owner, the owner |
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must: |
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(1) file the certified copy in the real property |
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records of the county in which the home is located; and |
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(2) notify the department and the chief appraiser of |
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the applicable appraisal district [tax assessor-collector] that |
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the certified copy has been filed. |
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(e) A real property election for a manufactured home is not |
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considered to be perfected [real property] until a certified copy |
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of the statement of ownership and location has been filed and the |
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department and the chief appraiser of the applicable appraisal |
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district [tax assessor-collector] have been notified of the filing |
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as provided by Subsection (d). |
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(g) After a real property election is perfected under |
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Subsection (e): |
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(1) the home is considered to be real property for all |
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purposes; and |
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(2) no additional issuance of a statement of ownership |
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and location is required with respect to the manufactured home, |
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unless: |
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(A) the home is moved from the location specified |
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on the statement of ownership and location; |
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(B) the real property election is changed; or |
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(C) the use of the property is changed as |
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described by Section 1201.216 [After the department and the tax
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assessor-collector note in their records that a real property
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election has been perfected, the home is considered to be real
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property for all purposes]. |
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SECTION 2. 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, release of a lien on a manufactured |
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home by an authorized lienholder, or change in ownership of a lien |
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on a 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 may [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 or to release a lien if an |
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authorized lienholder files with the department a request for that |
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release, of a manufactured home for any activity occurring before |
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the issuance of the statement of ownership and location without |
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either the written permission of the owner of record for the |
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manufactured home, their legal representative, or a court order. |
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SECTION 3. Section 1201.2076(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department may not issue a statement of ownership |
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and location for a manufactured home that is being converted from |
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real property to personal property until the department has |
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inspected the home and determined that it is habitable and [has
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notified the appropriate tax assessor-collector of the conversion
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and]: |
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(1) each lien, including a tax lien, on the home is |
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released by the lienholder; or |
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(2) each lienholder, including a taxing unit, gives |
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written consent, to be placed on file with the department. |
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SECTION 4. Section 1201.217(a), Occupations Code, is |
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amended to read as follows: |
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(a) The owner of real property on which a manufactured home |
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owned by another is located may declare the home abandoned as |
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provided by this section if: |
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(1) the home has been continuously unoccupied for at |
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least four months; and |
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(2) any indebtedness secured by the [manufactured] |
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home or related to a lease agreement between the owner of the real |
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property and the owner of the home is considered [also] delinquent. |
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SECTION 5. Section 1201.219, Occupations Code, is amended |
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by adding Subsection (b-1) and amending Subsections (c) and (d) to |
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read as follows: |
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(b-1) Notwithstanding any other law, a lien perfected with |
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the department may be released only by filing a request for the |
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release with the department on the form provided by the department |
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or by following the department's procedures for electronic lien |
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release on the department's Internet website. This subsection does |
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not apply to the release of a tax lien perfected with the |
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department. |
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(c) Notwithstanding any other provision of this section or |
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any other law, the filing of a lien security agreement on the |
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inventory of a retailer does not prevent a buyer in the ordinary |
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course of business, as defined by Section 1.201, Business & |
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Commerce Code, from acquiring good and marketable title free of |
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that lien, and the department may not consider that lien for the |
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purpose of title issuance. |
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(d) A [Except as provided by Subsection (a), a] tax lien on a |
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manufactured home not held in a retailer's inventory is perfected |
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only by filing with the department the notice of the tax lien on a |
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form provided by the department in accordance with the requirements |
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of Chapter 32, Tax Code. The form must require the disclosure of |
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the original dollar amount of the tax lien and the name and address |
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of the person in whose name the manufactured home is listed on the |
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tax roll. The department shall disclose on its Internet website the |
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date of each tax lien filing, the original amount of the tax 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. A tax lien recorded |
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with the department has priority over another lien or claim against |
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the manufactured home. Tax liens shall be filed by the tax |
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collector for any taxing unit having the power to tax the |
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manufactured home. A single filing by a tax collector is a filing |
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for all the taxing units for which the tax collector is empowered to |
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collect. A tax lien perfected with the department may be released |
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only by filing with the department a tax certificate or tax paid |
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receipt in accordance with Section 32.015, Tax Code, by filing a |
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request for the release with the department on the form provided by |
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the department, or by following the department's procedures for |
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electronic tax lien release on the department's Internet website. |
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SECTION 6. Section 1201.220, Occupations Code, is amended |
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to read as follows: |
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Sec. 1201.220. REPORT TO CHIEF APPRAISER [COUNTY TAX
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ASSESSOR-COLLECTOR]. [(a)] The department shall make available in |
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electronic format, or in hard-copy format on request, [provide] to |
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each chief appraiser of an appraisal district [county tax
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assessor-collector] in this state a monthly report that, for each |
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manufactured home reported as having been installed during the |
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preceding month in the county for which the district was |
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established [during the preceding month] and for each manufactured |
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home previously installed in the county for which a transfer of |
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ownership was recorded by the issuance of a statement of ownership |
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and location during the preceding month, lists: |
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(1) the name of the owner of the home; |
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(2) the name of the manufacturer of the home, if |
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available; |
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(3) the model designation of the home, if available; |
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(4) the identification number of each section or |
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module of the home; |
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(5) the address or location where the home was |
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reported as installed; and |
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(6) the reported date of the installation of the home. |
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[(b)
The director shall provide a copy of the report to the
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chief appraiser of the appraisal district established for the
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county in which the home is reported as installed.] |
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SECTION 7. Section 1201.452(b), Occupations Code, is |
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amended to read as follows: |
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(b) If the home does not have the appropriate seal or label, |
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the person must: |
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(1) apply to the department for a seal; and |
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(2) pay the fee[; and
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[(3)
submit to the department a copy of any written
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disclosure required under Section 1201.455(a)]. |
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SECTION 8. The following sections of the Occupations Code |
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are repealed: |
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(1) Section 1201.2055(f); and |
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(2) Section 1201.206(d). |
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SECTION 9. This Act takes effect September 1, 2011. |