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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. Section 1201.2055(e), Occupations Code, is |
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amended to read as follows: |
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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 tax assessor-collector have been notified of the |
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filing as provided by Subsection (d). |
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SECTION 2. 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 3. 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 4. Section 1201.219(d), Occupations Code, is |
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amended to read as follows: |
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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 |
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the date of each tax lien filing, the original amount of the tax |
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lien claimed by each filing, and the fact that the amount shown does |
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not 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. |
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SECTION 5. 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 provide in |
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electronic format, or in hard-copy format on request, to each chief |
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appraiser of an appraisal district [county tax assessor-collector] |
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in this state a monthly report that, for each manufactured home |
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reported as having been installed during the preceding month in the |
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county for which the district was established [during the preceding
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month] and for each manufactured home previously installed in the |
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county for which a transfer of ownership was recorded by the |
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issuance of a statement of ownership and location during the |
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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 6. 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 7. 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 8. This Act takes effect September 1, 2011. |