|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the regulation of manufactured housing by the Texas |
|
Department of Licensing and Regulation. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 2306.0521, Government Code, is amended |
|
to read as follows: |
|
Sec. 2306.0521. ORGANIZATIONAL FLEXIBILITY OF DEPARTMENT. |
|
[(a)] Notwithstanding [Section 2306.021(b) or] any other provision |
|
of this chapter, the director, with the approval of the board, may: |
|
(1) create divisions [in addition to those listed in
|
|
Section 2306.021(b)] and assign to the newly created divisions any |
|
duties and powers imposed on or granted to an existing division or |
|
the department generally; |
|
(2) eliminate any division [listed in Section
|
|
2306.021(b) or] created under this section and assign any duties or |
|
powers previously assigned to the eliminated division to another |
|
division [listed in Section 2306.021(b) or] created under this |
|
section; or |
|
(3) eliminate all divisions [listed in Section
|
|
2306.021(b) or] created under this section and reorganize the |
|
distribution of powers and duties granted to or imposed on a |
|
division in any manner the director determines appropriate for the |
|
proper administration of the department. |
|
[(b)
This section does not apply to the manufactured housing
|
|
division.] |
|
SECTION 2. Section 2306.591(a), Government Code, is amended |
|
to read as follows: |
|
(a) For a manufactured home to be approved for installation |
|
and use as a dwelling in a colonia: |
|
(1) the home must be a HUD-code manufactured home, as |
|
defined by Section 1201.003, Occupations Code; |
|
(2) the home must be habitable, as described by |
|
Section 1201.453, Occupations Code; and |
|
(3) ownership of the home must be properly recorded |
|
with the Texas Department of Licensing and Regulation [manufactured
|
|
housing division of the department]. |
|
SECTION 3. Section 1201.003, Occupations Code, is amended |
|
by adding Subdivision (7-a) and amending Subdivisions (10) and (11) |
|
to read as follows: |
|
(7-a) "Commission" means the Texas Commission of |
|
Licensing and Regulation. |
|
(10) "Department" means the Texas Department of |
|
Licensing and Regulation [Housing and Community Affairs operating
|
|
through its manufactured housing division]. |
|
(11) "Director" means the executive director of the |
|
department [manufactured housing division of the Texas Department
|
|
of Housing and Community Affairs]. |
|
SECTION 4. Section 1201.053(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The commission [board] shall adopt rules and otherwise |
|
act as necessary to: |
|
(1) comply with the National Manufactured Housing |
|
Construction and Safety Standards Act of 1974 (42 U.S.C. Section |
|
5401 et seq.), including adopting and enforcing rules reasonably |
|
required to implement the notification and correction procedures |
|
provided by 42 U.S.C. Section 5414; and |
|
(2) provide for the effective enforcement of all |
|
HUD-code manufactured housing construction and safety standards in |
|
order to have the state plan authorized by the National |
|
Manufactured Housing Construction and Safety Standards Act of 1974 |
|
(42 U.S.C. Section 5401 et seq.) approved by the secretary of |
|
housing and urban development. |
|
SECTION 5. Sections 1201.054(b) and (c), Occupations Code, |
|
are amended to read as follows: |
|
(b) If requested, the commission [board] shall, after at |
|
least 10 days' notice, hold a hearing on any rule that it proposes |
|
to adopt, other than a rule that is to be adopted under emergency |
|
rulemaking, in which case only the requirements of Chapter 2001, |
|
Government Code, shall apply. |
|
(c) A rule takes effect on the 30th day after the date of |
|
publication of notice that the rule has been adopted, except that a |
|
rule relating to installation standards may not take effect earlier |
|
than the 60th day after the date of publication of notice unless the |
|
commission [board] has determined that an earlier effective date is |
|
required to meet an emergency and the standard was adopted under the |
|
emergency rulemaking provisions of Chapter 2001, Government Code. |
|
SECTION 6. Sections 1201.055(a), (c), and (d), Occupations |
|
Code, are amended to read as follows: |
|
(a) With guidance from the federal Housing and Community |
|
Development Act of 1974 (42 U.S.C. Section 5301 et seq.) and from |
|
the rules and regulations adopted under the National Manufactured |
|
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. |
|
Section 5401 et seq.), the commission [board] shall establish fees |
|
as follows: |
|
(1) if the department acts as a design approval |
|
primary inspection agency, a schedule of fees for the review of |
|
HUD-code manufactured home blueprints and supporting information, |
|
to be paid by the manufacturer seeking approval of the blueprints |
|
and supporting information; |
|
(2) except as provided by Subsection (e), a fee for the |
|
inspection of each HUD-code manufactured home manufactured or |
|
assembled in this state, to be paid by the manufacturer of the home; |
|
(3) a fee for the inspection of an alteration made to |
|
the structure or plumbing, heating, or electrical system of a |
|
HUD-code manufactured home, to be charged on an hourly basis and to |
|
be paid by the person making the alteration; |
|
(4) a fee for the inspection of the rebuilding of a |
|
salvaged manufactured home, to be paid by the rebuilder; |
|
(5) a fee for the inspection of a used manufactured |
|
home to determine whether the home is habitable for the issuance of |
|
a new statement of ownership and location; and |
|
(6) a fee for the issuance of a seal for a used mobile |
|
or HUD-code manufactured home. |
|
(c) The commission [board] shall establish a fee for the |
|
inspection of the installation of a mobile or HUD-code manufactured |
|
home, to be paid by the installer of the home. |
|
(d) The commission [board] shall charge a fee for a consumer |
|
complaint home inspection requested by a manufacturer or retailer |
|
under Section 1201.355(b), to be paid by the manufacturer or |
|
retailer. |
|
SECTION 7. Section 1201.056, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1201.056. LICENSE FEES. The commission [board] shall |
|
establish fees for the issuance and renewal of licenses for: |
|
(1) manufacturers; |
|
(2) retailers; |
|
(3) brokers; |
|
(4) salespersons; |
|
(5) rebuilders; and |
|
(6) installers. |
|
SECTION 8. Section 1201.057, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1201.057. INSTRUCTION FEE. The commission [board] |
|
shall charge a fee to each person attending a course of instruction |
|
described by Section 1201.104. |
|
SECTION 9. Sections 1201.058(a), (d), and (e), Occupations |
|
Code, are amended to read as follows: |
|
(a) The commission [board] shall establish reasonable fees |
|
for all matters under this chapter providing for fees. If the |
|
department's rules provide an option to file a document |
|
electronically, the department may charge a discounted fee for the |
|
electronic filing. |
|
(d) Notwithstanding Subsection (c), the director may, in |
|
limited and appropriate circumstances and in accordance with rules |
|
adopted by the commission [board], approve the refund of fees. |
|
(e) If the governor by executive order or proclamation |
|
declares a state of disaster under Chapter 418, Government Code, |
|
the director, in accordance with rules adopted by the commission |
|
[board], may waive the imposition of any fee under this chapter in |
|
the affected area. |
|
SECTION 10. Sections 1201.104(e) and (f), Occupations Code, |
|
are amended to read as follows: |
|
(e) The commission [board] shall adopt rules relating to |
|
course content and approval. |
|
(f) An applicant for an initial installer's license shall |
|
receive a license on a provisional basis. The person's provisional |
|
status remains in effect until a sufficient number of installations |
|
completed by the person have been inspected by the department and |
|
found not to have any identified material violations of the |
|
department's rules. The commission [board], with the advice of the |
|
advisory committee to be established under Section 1201.251, shall |
|
adopt rules to establish what constitutes a sufficient number of |
|
installations under this subsection. |
|
SECTION 11. Section 1201.105(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) If the department experiences significant problems in |
|
obtaining timely reimbursements from a surety or the surety has |
|
experienced a deterioration in its financial condition, the |
|
commission [board] may direct the director to stop accepting bonds |
|
issued by the surety. |
|
SECTION 12. Section 1201.113(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The commission [board] shall approve or administer |
|
continuing education programs for licensees under this chapter. A |
|
continuing education program must be at least eight hours long and |
|
must include the current rules of the department and such other |
|
matters as the commission [board] may deem relevant. |
|
SECTION 13. Section 1201.118, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1201.118. RULES RELATING TO CERTAIN PERSONS. The |
|
commission [board] shall adopt rules providing for additional |
|
review and scrutiny of any application for an initial or renewal |
|
license that involves a person who has previously: |
|
(1) been found in a final order to have participated in |
|
one or more violations of this chapter that served as grounds for |
|
the suspension or revocation of a license; |
|
(2) been found to have engaged in activity subject to |
|
this chapter without possessing the required license; |
|
(3) caused the trust fund to incur unreimbursed |
|
payments or claims; or |
|
(4) failed to abide by the terms of a final order, |
|
including the payment of any assessed administrative penalties. |
|
SECTION 14. Section 1201.1521(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) Subject to rules adopted by the commission [board], a |
|
consumer may waive a right of rescission in the event of a bona fide |
|
emergency. Such rules shall, to the extent practical, be modeled |
|
on the federal rules for the waiver of a right of rescission under |
|
12 C.F.R. Part 226. |
|
SECTION 15. Section 1201.162(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Before the completion of a credit application or more |
|
than one day before entering into any agreement for a sale, |
|
exchange, or the exercise of the lease purchase option that will not |
|
be financed, the retailer must provide to the consumer a written |
|
disclosure in the form promulgated by the commission [board]. The |
|
disclosure shall be in at least 12-point type and must address |
|
matters of concern relating to costs and obligations that may be |
|
associated with home ownership, matters to be considered in making |
|
financing decisions, related costs that may arise when purchasing a |
|
manufactured home, and such other matters as the commission [board] |
|
may consider [deem] appropriate to promote informed purchase, |
|
financing, and related decisions regarding the acquisition and |
|
ownership of a manufactured home. The form shall also |
|
conspicuously disclose the consumer's right of rescission. |
|
SECTION 16. Section 1201.203, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1201.203. FORMS; RULES. (a) The commission [board] |
|
shall adopt rules and forms relating to: |
|
(1) the manufacturer's certificate; |
|
(2) the statement of ownership and location; |
|
(3) the application for a statement of ownership and |
|
location; and |
|
(4) the issuance of an initial or revised statement of |
|
ownership. |
|
(b) The commission [board] shall adopt rules for the |
|
documenting of the ownership and location of a manufactured home |
|
that has been previously owned in this state or another state. The |
|
rules must protect a lienholder recorded with the department. |
|
SECTION 17. Section 1201.205, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1201.205. STATEMENT OF OWNERSHIP AND LOCATION FORM. A |
|
statement of ownership and location must be evidenced by a |
|
commission-approved [board-approved] form issued by the department |
|
setting forth: |
|
(1) the name and address of the seller and the name |
|
and, if it is different from the location of the home, the mailing |
|
address of the new owner; |
|
(2) the manufacturer's name and address and any model |
|
designation, if available; |
|
(3) in accordance with the commission's [board's] |
|
rules: |
|
(A) the outside dimensions of the manufactured |
|
home when installed for occupancy, as measured to the nearest |
|
one-half foot at the base of the home, exclusive of the tongue or |
|
other towing device; and |
|
(B) the approximate square footage of the home |
|
when installed for occupancy; |
|
(4) the identification number for each section or |
|
module of the home; |
|
(5) the physical address where the home is installed |
|
for occupancy, including the name of the county, and, if it is |
|
different from the physical address, the mailing address of the |
|
owner of the home; |
|
(6) in chronological order of recordation, the date of |
|
each lien, other than a tax lien, on the home and the name and |
|
address of each lienholder, or, if a lien is not recorded, a |
|
statement of that fact; |
|
(7) a statement regarding tax liens as follows: |
|
"On January 1st of each year, a new tax lien comes into |
|
existence on a manufactured home in favor of each taxing unit having |
|
jurisdiction where the home is actually located on January 1st. In |
|
order to be enforced, any such lien must be recorded with the Texas |
|
Department of Licensing and Regulation [Housing and Community
|
|
Affairs - Manufactured Housing Division] as provided by law. You |
|
may check that department's [division's] records through its |
|
website or contact that department [division] to learn any recorded |
|
tax liens. To find out about the amount of any unpaid tax |
|
liabilities, contact the tax office for the county where the home |
|
was actually located on January 1st of that year."; |
|
(8) a statement that if two or more eligible persons, |
|
as determined by Section 1201.213, file with the application for |
|
the issuance of a statement of ownership and location an agreement |
|
signed by all the persons providing that the home is to be held |
|
jointly with a right of survivorship, the director shall issue the |
|
statement of ownership and location in all the names; |
|
(9) the location of the home; |
|
(10) a statement of whether the owner has elected to |
|
treat the home as real property or personal property; |
|
(11) statements of whether the home is a salvaged |
|
manufactured home and whether the home is reserved for business use |
|
only; and |
|
(12) any other information the commission [board] |
|
requires. |
|
SECTION 18. The heading to Section 1201.251, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 1201.251. STANDARDS AND REQUIREMENTS ADOPTED BY |
|
COMMISSION [BOARD]. |
|
SECTION 19. Sections 1201.251(a), (d), and (e), Occupations |
|
Code, are amended to read as follows: |
|
(a) The commission [board] shall adopt standards and |
|
requirements for: |
|
(1) the installation and construction of manufactured |
|
housing that are reasonably necessary to protect the health, |
|
safety, and welfare of the occupants and the public; and |
|
(2) the construction of HUD-code manufactured homes in |
|
compliance with the federal standards and requirements established |
|
under the National Manufactured Housing Construction and Safety |
|
Standards Act of 1974 (42 U.S.C. Section 5401 et seq.). |
|
(d) In order to ensure that the determinations required by |
|
this section are properly made by qualified persons: |
|
(1) the commission's [board's] rules may provide for |
|
the approval of foundation systems and devices that have been |
|
approved by licensed engineers; and |
|
(2) any generic installation standards promulgated by |
|
rule shall first be reviewed by an advisory committee established |
|
by the commission [board] comprised of representatives of |
|
manufacturers, installers, and manufacturers of stabilization |
|
systems or devices, including one or more licensed engineers. |
|
(e) The advisory committee established by Subsection (d) |
|
shall make a report to the commission [board] setting forth each |
|
comment and concern over any proposed rules. The members of the |
|
committee do not have any [shall have no] personal liability for |
|
providing this advice. |
|
SECTION 20. Section 1201.252(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) A local governmental unit of this state may not adopt a |
|
standard for the construction or installation of manufactured |
|
housing in the local governmental unit that is different from a |
|
standard adopted by the commission [board] unless, after a hearing, |
|
the commission [board] expressly approves the proposed standard. |
|
SECTION 21. Section 1201.254, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1201.254. EFFECTIVE DATE OF REQUIREMENT OR STANDARD. |
|
Each requirement or standard that is adopted, modified, amended, or |
|
repealed by the commission [board] must state its effective date. |
|
SECTION 22. Section 1201.255(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) An installer may not install a used manufactured home at |
|
a location on a site that has evidence of ponding, runoff under |
|
heavy rains, or bare uncompacted soil unless the installer first |
|
obtains the owner's signature on a form promulgated by the |
|
commission [board] disclosing that such conditions may contribute |
|
to problems with the stabilization system for that manufactured |
|
home, including possible damage to that home, and the owner accepts |
|
that risk. |
|
SECTION 23. Sections 1201.302(a) and (b), Occupations Code, |
|
are amended to read as follows: |
|
(a) To ensure that a manufactured home sold or installed in |
|
this state complies with the standards code, the director may by |
|
contract provide for a federal agency or an agency or political |
|
subdivision of this state or another state to perform an inspection |
|
or inspection program under this chapter or under rules adopted by |
|
the commission [board]. |
|
(b) On request, the department shall authorize a local |
|
governmental unit in this state to perform an inspection or |
|
enforcement activity related to the construction of a foundation |
|
system or the erection or installation of manufactured housing at a |
|
homesite under a contract or other official designation and rules |
|
adopted by the commission [board]. The department may withdraw the |
|
authorization if the local governmental unit fails to follow the |
|
rules, interpretations, and written instructions of the |
|
department. |
|
SECTION 24. Section 1201.405(g), Occupations Code, is |
|
amended to read as follows: |
|
(g) The commission [board] by rule may place reasonable |
|
limits on the costs that may be approved for payment from the trust |
|
fund, including the costs of reassigned warranty work, and require |
|
consumers making claims that may be subject to reimbursement from |
|
the trust fund to provide estimates establishing that the cost will |
|
be reasonable. Such rules may also specify such procedures and |
|
requirements as the commission [board] may deem necessary and |
|
advisable for the administration of the trust fund. |
|
SECTION 25. Section 1201.407(e), Occupations Code, is |
|
amended to read as follows: |
|
(e) The final determination may be appealed to the |
|
commission [board] on or before the 10th day after the date of its |
|
issuance by giving written notice to the director, who shall place |
|
the matter before the commission [board] at the next meeting held on |
|
a date for which the matter could be publicly posted as required by |
|
Chapter 551, Government Code. |
|
SECTION 26. Section 1201.513(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) A retailer may not knowingly permit a consumer to occupy |
|
a manufactured home that is the subject of a sale, exchange, or |
|
lease-purchase to that consumer before the closing of any required |
|
financing unless the consumer is first given a form adopted by the |
|
commission [board] disclosing that if for any reason the financing |
|
does not close, the consumer may be required to vacate the home. |
|
SECTION 27. Section 1201.552, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1201.552. LICENSE REVOCATION, SUSPENSION, OR DENIAL; |
|
HEARING. The director may issue an order to revoke, suspend, or |
|
deny a new or renewal license. If, before the 31st day after an |
|
order revoking, suspending, or denying a license is issued, the |
|
person against whom the order is issued requests a hearing by giving |
|
written notice to the director, the director shall set a hearing |
|
before the State Office of Administrative Hearings. If the person |
|
does not request a hearing before the 31st day after the date the |
|
order is issued, the order becomes final. Any administrative |
|
proceedings relating to the revocation, suspension, or denial of a |
|
license under this subsection shall be a contested case under |
|
Chapter 2001, Government Code. The commission [board] shall issue |
|
an order after receiving a proposal for decision. |
|
SECTION 28. Section 1201.553, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1201.553. JUDICIAL REVIEW. Judicial review of any |
|
order, decision, or determination of the commission [board] is |
|
instituted by filing a petition with a district court in Travis |
|
County as provided by Chapter 2001, Government Code. |
|
SECTION 29. Section 1201.605(d), Occupations Code, is |
|
amended to read as follows: |
|
(d) The director may impose an administrative penalty in |
|
accordance with this section. If, before the 31st day after the |
|
date a person receives notice of the imposition of an |
|
administrative penalty, the person requests a hearing by giving |
|
written notice to the director, the director shall set a hearing |
|
before the State Office of Administrative Hearings. If the person |
|
does not request a hearing before the 31st day after the date the |
|
person receives notice of the imposition of the administrative |
|
penalty, the penalty becomes final. Any administrative proceedings |
|
relating to the imposition of an administrative penalty under this |
|
subsection shall be a contested case under Chapter 2001, Government |
|
Code. The commission [board] shall issue an order after receiving a |
|
proposal for decision. |
|
SECTION 30. Section 1201.607, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1201.607. ISSUANCE OF ORDERS AND REQUESTS FOR |
|
HEARINGS. Any order issued by the director under this chapter, if |
|
not appealed before the 31st day after the date the order was |
|
issued, shall automatically become a final order. If the person |
|
made the subject of the order files a written request for a hearing |
|
with the director, the order shall be deemed to have been appealed |
|
and shall be a contested case under Chapter 2001, Government Code. |
|
The director shall set any appealed order for a hearing before the |
|
State Office of Administrative Hearings, and the commission [board] |
|
shall issue a final order after receiving and reviewing the |
|
proposal for decision issued pursuant to such hearing. |
|
SECTION 31. Section 1201.608(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) The department may carry out "sting" or undercover |
|
investigations in accordance with commission-adopted |
|
[board-adopted] rules if the director believes such action to be |
|
appropriate in order to detect and address suspected violations of |
|
this chapter. |
|
SECTION 32. Section 1201.610(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) An order issued under Subsection (a) or (b) must contain |
|
a reasonably detailed statement of the facts on which the order is |
|
based. If a person against whom the order is issued requests a |
|
hearing before the 31st day after the date the order is issued, the |
|
director shall set and give notice of a hearing. The hearing shall |
|
be governed by Chapter 2001, Government Code. Based on the findings |
|
of fact, conclusions of law, and recommendations of the hearings |
|
officer, the commission [board] by order may find that a violation |
|
has occurred or has not occurred. |
|
SECTION 33. Section 1201.611(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The commission [board] shall adopt rules relating to the |
|
administrative sanctions that may be enforced against a person |
|
regulated by the department. |
|
SECTION 34. Section 11.432(a), Tax Code, is amended to read |
|
as follows: |
|
(a) For a manufactured home to qualify for an exemption |
|
under Section 11.13, the application for the exemption must be |
|
accompanied by a copy of the statement of ownership and location for |
|
the manufactured home issued by the [manufactured housing division
|
|
of the] Texas Department of Licensing and Regulation [Housing and
|
|
Community Affairs] under Section 1201.207, Occupations Code, |
|
showing that the individual applying for the exemption is the owner |
|
of the manufactured home or be accompanied by a verified copy of the |
|
purchase contract showing that the applicant is the purchaser of |
|
the manufactured home, unless a photostatic copy of the current |
|
title page for the home is displayed on the computer website of the |
|
Texas Department of Licensing and Regulation [Housing and Community
|
|
Affairs]. The appraisal district may rely upon the computer |
|
records of the Texas Department of Licensing and Regulation |
|
[Housing and Community Affairs] to determine whether a manufactured |
|
home qualifies for an exemption. |
|
SECTION 35. Section 23.127(a)(4), Tax Code, is amended to |
|
read as follows: |
|
(4) "Department" means the Texas Department of |
|
Licensing and Regulation [Housing and Community Affairs]. |
|
SECTION 36. Sections 32.03(a-2), (b), and (e), Tax Code, |
|
are amended to read as follows: |
|
(a-2) A person may not transfer ownership of a manufactured |
|
home until all tax liens perfected on the home that have been timely |
|
filed with the Texas Department of Licensing and Regulation |
|
[Housing and Community Affairs] have been extinguished or satisfied |
|
and released and any personal property taxes on the manufactured |
|
home which accrued on each January 1 that falls within the 18 months |
|
preceding the date of the sale have been paid. This subsection does |
|
not apply to the sale of a manufactured home in inventory. |
|
(b) A bona fide purchaser for value or the holder of a lien |
|
recorded on a manufactured home statement of ownership and location |
|
is not required to pay any taxes that have not been recorded with |
|
the Texas Department of Licensing and Regulation [Housing and
|
|
Community Affairs]. In this section, manufactured home has the |
|
meaning assigned by Section 32.015(b). Unless a tax lien has been |
|
filed timely with the Texas Department of Licensing and Regulation |
|
[Housing and Community Affairs], no taxing unit, nor anyone acting |
|
on its behalf, may use a tax warrant or any other method to attempt |
|
to execute or foreclose on the manufactured home. |
|
(e) If personal property taxes on a manufactured home have |
|
not been levied by the taxing unit, the taxing unit shall provide, |
|
upon request, an estimated amount of taxes computed by multiplying |
|
the taxable value of the manufactured home, according to the most |
|
recent certified appraisal roll for the taxing unit, by the taxing |
|
unit's adopted tax rate for the preceding tax year. In order to |
|
enable the transfer of the manufactured home, the tax collector |
|
shall accept the payment of the estimated personal property taxes |
|
and issue a certification to the Texas Department of Licensing and |
|
Regulation [Housing and Community Affairs] that the estimated taxes |
|
are being held in escrow until the taxes are levied. Once the taxes |
|
are levied, the tax collector shall apply the escrowed sums to the |
|
levied taxes. At the time the tax collector accepts the payment of |
|
the taxes, the tax collector shall provide notice that the payment |
|
of the estimated taxes is an estimate that may be raised once the |
|
appraisal rolls for the year are certified and that the new owner |
|
may be liable for the payment of any difference between the tax |
|
established by the certified appraisal roll and the estimate |
|
actually paid. |
|
SECTION 37. Section 623.094(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Except as authorized by Section 623.095, the department |
|
may issue a permit only to: |
|
(1) a person licensed by the Texas Department of |
|
Licensing and Regulation [Housing and Community Affairs] as a |
|
manufacturer, retailer, or installer; or |
|
(2) motor carriers registered with the department. |
|
SECTION 38. The following laws are repealed: |
|
(1) Section 2306.067(d), Government Code; |
|
(2) Subchapter AA, Chapter 2306, Government Code; and |
|
(3) Section 1201.003(5), Occupations Code. |
|
SECTION 39. On the effective date of this Act: |
|
(1) the manufactured housing division of the Texas |
|
Department of Housing and Community Affairs and the Manufactured |
|
Housing Board within that department, as they exist immediately |
|
before the effective date of this Act, are each abolished and the |
|
offices of the members of the board serving on that date are |
|
abolished; |
|
(2) all powers, duties, functions, and activities |
|
performed by the manufactured housing division immediately before |
|
the effective date of this Act are transferred to the Texas |
|
Department of Licensing and Regulation; |
|
(3) all employees of the manufactured housing division |
|
become employees of the Texas Department of Licensing and |
|
Regulation, to be assigned duties by the executive director of the |
|
department; |
|
(4) a rule or form of the manufactured housing |
|
division is a rule or form of the Texas Department of Licensing and |
|
Regulation and remains in effect until changed by the department; |
|
(5) a reference in law to the manufactured housing |
|
division means the Texas Department of Licensing and Regulation; |
|
(6) a reference in a law or rule to the Manufactured |
|
Housing Board means the Texas Commission of Licensing and |
|
Regulation; |
|
(7) a reference in law to the executive director of the |
|
manufactured housing division means the executive director of the |
|
Texas Department of Licensing and Regulation; |
|
(8) a license, permit, or certification in effect that |
|
was issued by the manufactured housing division is continued in |
|
effect as a license, permit, or certification of the Texas |
|
Department of Licensing and Regulation; |
|
(9) a complaint, investigation, or other proceeding |
|
pending before the manufactured housing division is transferred |
|
without change in status to the Texas Department of Licensing and |
|
Regulation; |
|
(10) all obligations, rights, and contracts of the |
|
manufactured housing division are transferred to the Texas |
|
Department of Licensing and Regulation; and |
|
(11) all property, including records and money, in the |
|
custody of the manufactured housing division and all funds |
|
appropriated by the legislature for use by the manufactured housing |
|
division shall be transferred to the Texas Department of Licensing |
|
and Regulation. |
|
SECTION 40. A member of the advisory committee described by |
|
Section 1201.251, Occupations Code, who was appointed by the |
|
Manufactured Housing Board before the effective date of this Act |
|
shall continue to perform the member's duties under Sections |
|
1201.251 and 1201.104, Occupations Code, as amended by this Act, |
|
under the direction of the Texas Commission of Licensing and |
|
Regulation until the expiration of the member's term. |
|
SECTION 41. This Act takes effect September 1, 2011. |