HBA-ATS C.S.H.B. 1193 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1193
By: Telford
Urban Affairs
3/21/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

For thirty years, Texas has regulated the manufactured housing industry
(industry).  Since the Texas Department of Housing and Community Affairs
replaced the Texas Department of Licensing and Regulation in 1995 as the
agency responsible for regulating the industry, several factors have
contributed to the industry's growth in Texas.  One factor is the rebirth
of the economy which has resulted in the creation of additional
service-sector jobs.  Another factor is the greater availability of
financing, including longer loan terms.  Because many more Texans are
purchasing manufactured homes than ever before, changes to the law may be
necessary to keep pace with industry trends. 

C.S.H.B. 1193 amends Article 5221f, V.T.C.S. (Texas Manufactured Housing
Standards Act), by redefining "salvaged" manufactured home.  Under the new
definition, a "salvaged" manufactured home means a manufactured home that
has been scrapped, dismantled, destroyed, or for which an insurance company
has paid the full insured value.  This bill provides that a person
possessing the original title document to a used manufactured home that is
salvaged must surrender the title document and receive a salvage title.
Similarly, if a new manufactured home becomes salvaged, a retailer must
remove the label and must surrender it along with the manufacturer's
certificate of origin for issuance of a salvage title.  It still remains
unlawful for a person to sell, convey, or otherwise transfer to a consumer
in this state a manufactured home for which a salvage title has been
issued. 

This bill also includes a retailer among the persons prohibited from aiding
or assisting a consumer in preparing or providing false or misleading
information in a document related to the purchase or financing of a
manufactured home, and provides that a retailer must give a consumer a
copy, or a general description, of the manufacturer's new home construction
warranty and the retailer's installation warranty before the signing of any
binding retail installment sales contract or other binding purchase
agreement.  This bill also provides that a retailer must deliver certain
warranties and information at the time of the initial installation at a
consumer's homesite.  Additionally, this bill defines a licensed retailer
to mean a "warehouseman" (a person engaged in the business of storing goods
for hire) for the storage of manufactured homes for hire.  

In addition, this bill authorizes a person licensed as a broker or
salesperson under The Real Estate License Act to act as a manufactured
housing broker or salesperson. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsection (1), Section 3, Article 5221f, V.T.C.S.
(Texas Manufactured Housing Standards Act), to redefine "advertising" or
"advertisement" by including electronic media among the types of media on
which commercial messages for the sale of manufactured homes are promoted. 

SECTION 2.  Amends Section 4, Article 5221f, V.T.C.S. (Texas Manufactured
Housing Standards Act), by deleting existing Subsections (b) and (e), which
provided that standards in effect on  September 1, 1989, remain in full
force and effect for plumbing, heating, air conditioning, electrical
systems, and construction and installation of manufactured homes.  Other
existing sections of the law articulate standards that are in full force
and effect for these areas.  Redesignates existing Subsections (c) and (d)
to Subsections (b) and (c) and existing Subsections (f)-(j) to Subsections
(d)(h). 

SECTION 3.  Amends Subsections (h) and (1), Section 6, Article 5221f,
V.T.C.S. (Texas Manufactured Housing Standards Act), as follows: 

(h) Provides that it is unlawful for a person to sell, convey, or otherwise
transfer to a consumer in this state a manufactured home for which a
salvage title has been issued under Section 8 (Used Homes), rather than to
sell, convey, or otherwise transfer a salvaged manufactured home.  As
currently defined, a "salvaged" manufactured home means a manufactured home
obtained by a property and casualty insurer from the insured by reason of
the insurer's payment of the policy value written on the home to the
insured. 

(l) Includes a retailer among the persons prohibited from aiding or
assisting a consumer in preparing or providing false or misleading
information in a document related to the purchase or financing of a
manufactured home.  Adds the provision that it is unlawful for a retailer
or a salesperson to submit information known to be false or misleading to a
credit underwriter or lending institution.   

SECTION 4.  Amends Section 7, Article 5221f, V.T.C.S. (Texas Manufactured
Housing Standards Act), by amending Subsections (o) and (q) and by adding
Subsection (s), as follows: 

(o) Includes a license holder among the persons to whom the requirements of
Subsection (o) do not apply when making application to license additional
business locations, to renew or reinstate a license, or to make application
for licensing as a salesperson. 

(q) Authorizes the executive director (director) of the Texas Department of
Housing and Community Affairs (department) to recognize and approve a
training program for an applicant for a license, rather than for
installers, that is conducted by a private institution or other person.
Deletes the condition that the training program be conducted in the field. 

(s) Authorizes a person who is licensed as a broker or salesperson under
The Real Estate License Act (Article 6573a, V.T.C.S.) to act as a
manufactured housing broker or salesperson.  Provides that a person
licensed as a broker or salesperson under The Real Estate License Act is
not required to be licensed or post bond or other security under this Act,
provided negotiation for the sale, exchange, or lease-purchase of a
manufactured home is conducted on behalf of a person for whom the real
estate licensee otherwise acts as a real estate broker or salesperson. 

SECTION 5.  Amends Subsections (b) and (g), Section 8, Article 5221f,
V.T.C.S. (Texas Manufactured Housing Standards Act), as follows: 

(b) Adds the provision that Subsection (b), regarding written warranties,
does not apply to a sale, exchange, or lease-purchase from one consumer to
another consumer. 

(g) Replaces the existing definition of a "salvaged" manufactured home.
Under the new definition, a "salvaged" manufactured home means a
manufactured home that has been scrapped, dismantled, or destroyed or for
which an insurance company has paid the full insured value.  Provides that
a person possessing the original title document to a used manufactured home
that is salvaged, rather than to a salvaged manufactured home, must
surrender the title document to the director for cancellation of the title
and issuance of a salvage title.  Adds the condition that if a new
manufactured home becomes salvaged, a retailer must remove the label and
must surrender it along with the manufacturer's certificate of origin to
the director for issuance of the salvage title.  Makes a nonsubstantive
change. 

SECTION 6.  Amends Subsections (e) and (g), Section 9, Article 5221f,
V.T.C.S. (Texas  Manufactured Housing Standards Act), as follows: 

(e) Adds a provision requiring public and administrative hearings to be
held in Travis County unless all parties agree to another location. 

(g) Adds the provision that all other rules are effective 30 days following
the date of publication, rather than as provided by Chapter 2001
(Administrative Procedure), Government Code, or such later date as is
published. 

SECTION 7.  Amends Subsections (d), (i), and (j), Section 14, Article
5221f, V.T.C.S. (Texas Manufactured Housing Standards Act), as follows: 

(d) Provides that a retailer must give a consumer a copy, or a general
description, of the manufacturer's new home construction warranty and the
retailer's installation warranty before the signing of any binding retail
installment sales contract or other binding purchase agreement. Provides
that the retailer must deliver certain warranties and information at the
time of the initial installation at the consumer's homesite. 

(i) Requires the department to perform a home inspection within 30 days,
rather than within 15 days, after it receives a request for an inspection.
Requires the department to mail a written report and orders, if any, to the
consumer, manufacturer, and retailer by certified mail, return receipt
requested, within ten, rather than five, days following the inspection. 

(j) Includes an installer among the persons required to comply with the
initial report and warranty service orders of the director.  Adds a
provision authorizing the department to issue an amended report and
warranty orders if all parties receive notification of these orders and are
given an opportunity to respond to these orders.  Adds the provision that
amended report and warranty orders must supersede the initial report and
warranty orders.  Deletes the provision specifying that neither initial
reports nor warranty service orders can be construed as contested cases.
Makes conforming changes. 

SECTION 8.  Amends Section 18, Article 5221f, V.T.C.S. (Texas Manufactured
Housing Standards Act), by amending Subsections (e) and (g) and by adding
Subsection (j), as follows: 


(e) Makes a nonsubstantive change.

(g) Includes transportation in the list of activities undertaken by a
licensed retailer or installer of manufactured housing to which a local
governmental unit or home-rule city is prohibited from requiring any
permit, fee, bond, or insurance, except as may be provided by the
department. 

(j) Defines a licensed retailer to mean a "warehouseman" as defined by
Section 7.102 (Definitions and Index of Definitions), Business & Commerce
Code, for the storage of manufactured homes for hire.  A "warehouseman" is
a person engaged in the business of storing goods for hire. Applies the
provisions of the Business & Commerce Code relating to the storage of goods
for hire to the licensed retailer acting as a warehouseman. 

SECTION 9.  Amends Subsection (g), Section 19, Article 5221f, V.T.C.S.
(Texas Manufactured Housing Standards Act), by adding a provision
authorizing a person to apply for a replacement title  
if an original document title is unavailable or if a home has been
abandoned. 

SECTION 10.Emergency clause.
  Effective date: upon passage.



COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1193 modifies the original bill in SECTION 3 to make a
nonsubstantive change. 
 
C.S.H.B. 1193 modifies the original bill in SECTION 4 by amending the
proposed addition of Subsection (s) to include "or salesperson" to the
description of a real estate licensee who otherwise acts as a real estate
broker when the licensee negotiates for the purchase, sale, or lease of a
manufactured house on behalf of a person.  As amended, Subsection (s)
authorizes a person who is licensed as a broker or salesperson to act as a
manufactured housing broker or salesperson, and such a person is not
required to be licensed or post bond or other security under this Act,
provided negotiation for the sale, exchange, or lease-purchase of a
manufactured home is conducted on behalf of a person for whom the real
estate licensee otherwise acts as a real estate broker or salesperson.
Previously, only mention was made to a real estate license who otherwise
acts as a real  estate broker. The committee substitute also makes
nonsubstantive changes. 

C.S.H.B. 1193 modifies the original bill in SECTION 5 to make
nonsubstantive changes. 

C.S.H.B. 1193 modifies the original bill in SECTION 6 to make a
nonsubstantive change. 

C.S.H.B. 1193 modifies the original bill in SECTION 7 by deleting the
proposed language in Subsection (d) that would have required a retailer to
deliver to a consumer before the time the sale is completed, rather than at
the time the contract of sale is signed, certain warranties and
information, and replacing it with language providing that a retailer must
give a consumer a copy, or a general description, of the manufacturer's new
home construction warranty and the retailer's installation warranty before
the signing of any binding retail installment sales contract or other
binding purchase agreement.  The committee substitute also added language
in Subsection (d), providing that the retailer must deliver certain
warranties and information at the time of the initial installation at the
consumer's homesite. 

C.S.H.B. 1193 modifies the original bill in SECTION 7 by amending the
proposed language in Subsection (i) to require the department to perform a
home inspection within 30 days, rather than within a reasonable period of
time, after it receives a request for an inspection. The committee
substitute also makes a nonsusbstantive change in Subsection (i). 

C.S.H.B. 1193 modifies the original bill in SECTION 7 by amending the
proposed language in Subsection (j) to clarify that, if amended reports and
warranty orders are issued by the Texas Department of Housing and Community
Affairs, all parties must receive notification of these orders and must be
given an opportunity to respond to these orders.  The committee substitute
also modifies Subsection (j) by providing that amended reports and warranty
orders must supersede the initial report and warranty orders, rather than
requiring them to supersede the initial report and warranty orders. 

C.S.H.B. 1193 modifies the original bill in SECTION 8 by deleting a
proposed change to Subsection (b), Section 18, Article 5221f, V.T.C.S.,
that would have included the Texas Department of Housing and Community
Affairs' rules among the legal authorities under which all laws or rules in
conflict with those authorities are superseded and preempted  to the extent
of such conflict.  The committee substitute also deleted a conforming
change that would have applied to Subsection (f), Section 18, Article
5221f, V.T.C.S.  In addition, the committee substitute makes nonsubstantive
changes to the proposed addition of Subsection (j). 

C.S.H.B. 1193 modifies the original bill in SECTION 9 by amending the
proposed addition to Subsection (g), Section 19, Article 5221f, V.T.C.S.,
to authorize a person, rather than a seller, to apply for a replacement
title if an original document title is unavailable or if a home has been
abandoned.  The committee substitute also makes nonsusbstantive changes in
Subsection (g).