By: Hamilton (Senate Sponsor - Carona) H.B. No. 1510
         (In the Senate - Received from the House March 31, 2011;
  April 4, 2011, read first time and referred to Committee on
  Business and Commerce; April 20, 2011, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 8,
  Nays 0; April 20, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1510 By:  Carona
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the regulation of manufactured housing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 1201.2055(d), (e), and (g), Occupations
  Code, are amended to read as follows:
         (d)  If an owner elects to treat a manufactured home as real
  property, the department shall issue to the owner a certified copy
  of the statement of ownership and location that on its face reflects
  that the owner has elected to treat the manufactured home as real
  property at the location listed on the statement.  Not later than
  the 60th day after the date the department issues a certified copy
  of the statement of ownership and location to the owner, the owner
  must:
               (1)  file the certified copy in the real property
  records of the county in which the home is located; and
               (2)  notify the department and the chief appraiser of
  the applicable appraisal district [tax assessor-collector] that
  the certified copy has been filed.
         (e)  A real property election for a manufactured home is not
  considered to be perfected [real property] until a certified copy
  of the statement of ownership and location has been filed and the
  department and the chief appraiser of the applicable appraisal
  district [tax assessor-collector] have been notified of the filing
  as provided by Subsection (d).
         (g)  After a real property election is perfected under
  Subsection (e):
               (1)  the home is considered to be real property for all
  purposes; and
               (2)  no additional issuance of a statement of ownership
  and location is required with respect to the manufactured home,
  unless:
                     (A)  the home is moved from the location specified
  on the statement of ownership and location;
                     (B)  the real property election is changed; or
                     (C)  the use of the property is changed as
  described by Section 1201.216 [After the department and the tax
  assessor-collector note in their records that a real property
  election has been perfected, the home is considered to be real
  property for all purposes].
         SECTION 2.  Section 1201.207(c), Occupations Code, is
  amended to read as follows:
         (c)  Except with respect to any change in use, servicing of a
  loan on a manufactured home, release of a lien on a manufactured
  home by an authorized lienholder, or change in ownership of a lien
  on a manufactured home, but subject to Section 1201.2075, if the
  department has issued a statement of ownership and location for a
  manufactured home, the department may issue a subsequent statement
  of ownership and location for the home only if all parties reflected
  in the department's records as having an interest in the
  manufactured home give their written consent or release their
  interest, either in writing or by operation of law, or the
  department has followed the procedures provided by Section
  1201.206(k) to document ownership and lien status.  Once the
  department issues a statement of ownership and location, the
  department shall not alter the record of the ownership or lien
  status, other than to change the record to accurately reflect the
  proper owner's or lienholder's identity or to release a lien if an
  authorized lienholder files with the department a request for that
  release, of a manufactured home for any activity occurring before
  the issuance of the statement of ownership and location without
  either the written permission of the owner of record for the
  manufactured home, their legal representative, or a court order.
         SECTION 3.  Section 1201.2076(a), Occupations Code, is
  amended to read as follows:
         (a)  The department may not issue a statement of ownership
  and location for a manufactured home that is being converted from
  real property to personal property until the department has
  inspected the home and determined that it is habitable and [has
  notified the appropriate tax assessor-collector of the conversion
  and]:
               (1)  each lien, including a tax lien, on the home is
  released by the lienholder; or
               (2)  each lienholder, including a taxing unit, gives
  written consent, to be placed on file with the department.
         SECTION 4.  Section 1201.217(a), Occupations Code, is
  amended to read as follows:
         (a)  The owner of real property on which a manufactured home
  owned by another is located may declare the home abandoned as
  provided by this section if:
               (1)  the home has been continuously unoccupied for at
  least four months; and
               (2)  any indebtedness secured by the [manufactured]
  home or related to a lease agreement between the owner of the real
  property and the owner of the home is considered [also] delinquent.
         SECTION 5.  Section 1201.219, Occupations Code, is amended
  by adding Subsection (b-1) and amending Subsections (c) and (d) to
  read as follows:
         (b-1)  Notwithstanding any other law, a lien perfected with
  the department may be released only by filing a request for the
  release with the department on the form provided by the department
  or by following the department's procedures for electronic lien
  release on the department's Internet website.  This subsection does
  not apply to the release of a tax lien perfected with the
  department.
         (c)  Notwithstanding any other provision of this section or
  any other law, the filing of a lien security agreement on the
  inventory of a retailer does not prevent a buyer in the ordinary
  course of business, as defined by Section 1.201, Business &
  Commerce Code, from acquiring good and marketable title free of
  that lien, and the department may not consider that lien for the
  purpose of title issuance.
         (d)  A [Except as provided by Subsection (a), a] tax lien on a
  manufactured home not held in a retailer's inventory is perfected
  only by filing with the department the notice of the tax lien on a
  form provided by the department in accordance with the requirements
  of Chapter 32, Tax Code.  The form must require the disclosure of
  the original dollar amount of the tax lien and the name and address
  of the person in whose name the manufactured home is listed on the
  tax roll.  The department shall disclose on its Internet website the
  date of each tax lien filing, the original amount of the tax lien
  claimed by each filing, and the fact that the amount shown does not
  include additional sums, including interest, penalties, and
  attorney's fees.  The statement required by Section 1201.205(7) is
  notice to all persons that the tax lien exists.  A tax lien recorded
  with the department has priority over another lien or claim against
  the manufactured home.  Tax liens shall be filed by the tax
  collector for any taxing unit having the power to tax the
  manufactured home.  A single filing by a tax collector is a filing
  for all the taxing units for which the tax collector is empowered to
  collect.  A tax lien perfected with the department may be released
  only by filing with the department a tax certificate or tax paid
  receipt in accordance with Section 32.015, Tax Code, by filing a
  request for the release with the department on the form provided by
  the department, or by following the department's procedures for
  electronic tax lien release on the department's Internet website.
         SECTION 6.  Section 1201.220, Occupations Code, is amended
  to read as follows:
         Sec. 1201.220.  REPORT TO CHIEF APPRAISER [COUNTY TAX
  ASSESSOR-COLLECTOR].  [(a)]  The department shall make available in
  electronic format, or in hard-copy format on request, [provide] to
  each chief appraiser of an appraisal district [county tax
  assessor-collector] in this state a monthly report that, for each
  manufactured home reported as having been installed during the
  preceding month in the county for which the district was
  established [during the preceding month] and for each manufactured
  home previously installed in the county for which a transfer of
  ownership was recorded by the issuance of a statement of ownership
  and location during the preceding month, lists:
               (1)  the name of the owner of the home;
               (2)  the name of the manufacturer of the home, if
  available;
               (3)  the model designation of the home, if available;
               (4)  the identification number of each section or
  module of the home;
               (5)  the address or location where the home was
  reported as installed; and
               (6)  the reported date of the installation of the home.
         [(b)     The director shall provide a copy of the report to the
  chief appraiser of the appraisal district established for the
  county in which the home is reported as installed.]
         SECTION 7.  Section 1201.452(b), Occupations Code, is
  amended to read as follows:
         (b)  If the 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)     submit to the department a copy of any written
  disclosure required under Section 1201.455(a)].
         SECTION 8.  The following sections of the Occupations Code
  are repealed:
               (1)  Section 1201.2055(f); and
               (2)  Section 1201.206(d).
         SECTION 9.  This Act takes effect September 1, 2011.
 
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