HBA-TYH, MPA H.B. 2238 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2238
By: Cook
Urban Affairs
7/8/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, in order to sell more than one manufactured
home with an outstanding title in any consecutive 12-month period, a person
must have been registered under the Texas Manufactured Housing Standards
Act (Article 5221f, V.T.C.S.).  Real estate licensees frequently negotiated
the sale of real property on which one or more manufactured homes are
located.  If the certificates of title for those homes have not been
surrendered, and if the real estate licensee has participated in the
transfer of another manufactured home in the last 12 months, the real
estate licensee could not assist the clients with obtaining purchasers for
the homes, even though the real estate licensee may negotiate the transfer
of the real property. 

The Texas Manufactured Housing Standards Act also required that all sellers
of manufactured homes provide purchasers with a written warranty.  This
warranty requirement has caused confusion where the transfer of the home is
from one consumer to another.  H.B. 2238 allows a real estate licensee to
negotiate the sale, exchange, or lease-purchase of manufactured homes on
behalf of a person for whom the real estate licensee otherwise acts as real
estate broker, and eliminates the written warranty requirement for sale,
exchange, or lease-purchase of manufactured homes between consumers. 

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 Section 7, Article 5221f, V.T.C.S. (Texas Manufactured
Housing Standards Act), by adding Subsection (s), to authorize a person
licensed as a real estate broker or salesperson under Article 6573a (The
Real Estate License Act), V.T.C.S., to act as a manufactured housing broker
or salesperson without holding a license, or posting a surety bond or other
security under this article, provided the person is also acting as a real
estate broker or salesperson. 

SECTION 2.  Amends Section 8(b), Article 5221f, V.T.C.S., to exempt a sale,
exchange, or leasepurchase of a manufactured home from one consumer to
another consumer from the warranty requirements of this subsection. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.   Emergency clause.