HBA-CBW H.B. 2481 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2481
By: Jones, Jesse
Land & Resource Management
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

The Federal Emergency Management Agency (FEMA) has required Dallas County
to adopt specific flood plain management regulations to participate in the
National Flood Insurance Program. One of the regulations requires persons
seeking to install a manufactured home in the flood plain to elevate the
structure above the 100-year flood level.  Despite the good intentions of
this regulation, people have continued to locate manufactured homes in the
flood plain without meeting the elevation requirements. House Bill 2481
prohibits certain persons from assisting in the installation of a new or
used manufactured home in an area designated by the director of FEMA as a
flood hazard area and provides that a consumer must provide flood
information to the seller of a new or used manufactured home prior to
closure of an acquisition. 

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. 

ANALYSIS

House Bill 2481 amends law to provide that a retailer, broker, or
salesperson who sells, exchanges, or lease-purchases a new or used
manufactured home to a consumer for use as a permanent dwelling may not: 
   _deliver or arrange for the delivery of the home to a homesite in a
special flood hazard area designated by the director of the Federal
Emergency Management Agency (FEMA); 

   _install or arrange for the installation of the home at a homesite in
that area; or 

   _assist the consumer in the delivery or installation of, or in making
arrangements for the delivery or installation of, the home to or at a
homesite in that area. 
   
Before closing on the acquisition of a new or used manufactured home for
use as a permanent dwelling, the bill provides that a consumer seeking to
acquire the home must provide to the retailer, broker, or salesperson
selling, exchanging, or lease-purchasing the home proof that the homesite
proposed for the home is not located in a special flood hazard area
designated by the director of FEMA. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.