HBA-JRA C.S.H.B. 3197 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3197
By: Ramsay
Ways & Means
4/18/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 75th Texas Legislature passed legislation which implemented a new
system for valuing retail manufactured housing inventories.  This
legislation defined "manufactured home" and "mobile home" as those terms
are defined Article 5221f, V.T.C.S., which defines them as a HUD-code
manufactured home or a mobile home.  Since the effective date of that
legislation, questions regarding the ad valorem taxation of other items
that are often included with the sale of a manufactured home.  C.S.H.B.
3197 defines "HUD-code manufactured home" and "mobile home" and redefines
"manufactured housing" making the tax applicable to a manufactured or
mobile home as it would customarily be held in inventory by a manufactured
housing retailer in the normal course of business. 

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 Sections 23.127(a), (e), and (h), Tax Code, as follows:

(a)  Deletes the definition of "manufactured home."  Defines "HUD-code
manufactured home" as it is defined by Section 3, Article 5221f, V.T.C.S.
(Texas Manufactured Housing Standards Act).  Redefines "manufactured
housing" as a HUD-manufactured home or mobile home as it would customarily
be held by a retailer in the normal course of business in a retail
manufactured housing inventory.  Defines "mobile home" as it is defined by
Section 3, Article 5221f, V.T.C.S. (Texas Manufactured Housing Standards
Act).  Makes conforming changes. 

(e)  Makes conforming changes.

(h)  Makes conforming changes.

SECTION 2.  Amends Sections 23.128(a), (b), (e), (f), and (g), Tax Code, to
make conforming changes. 

SECTION 3.  Effective date:  January 1, 2000.
Makes application of this Act prospective to a tax year that begins on or
after that date. 

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by defining "HUD-code
manufactured home" as it is defined by Section 3, Article 5221f, V.T.C.S.
(Texas Manufactured Housing Standards Act), rather than as a structure
constructed on or after June 15, 1976, according to the rules of the United
States Department of Housing and Urban Development, that is transportable
in one or more sections,  of a certain size, and built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities as the structure would
customarily be held by a retailer in the normal course of business in a
retail manufactured housing inventory. 

The substitute redefines "manufactured housing" as a HUD-manufactured home
or mobile home as it would customarily be held by a retailer in the normal
course of business in a retail manufactured housing inventory, rather than
as a generic reference to a HUD-code manufactured home, mobile home, or
both, as those terms are defined in this section. 

The substitute redefines "mobile home" as it is defined by Section 3,
Article 5221f, V.T.C.S. (Texas Manufactured Housing Standards Act), rather
than as a structure that was constructed on or after June 15, 1976, that is
transportable in one or more sections, of a certain size, and built on a
permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities as the
structure would customarily be held by a retailer in the normal course of
business in a retail manufactured housing inventory. 

The substitute adds a new SECTION 2, which amends Sections 23.128(a), (b),
(e), (f), and (g), Tax Code, to make conforming changes. 

The substitute redesignates SECTIONS 2 (effective date) and 3 (emergency
clause) of the original to SECTIONS 3 and 4.