HBA-KDB C.S.H.B. 3552 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3552
By: Raymond
Land & Resource Management
4/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The manufactured housing industry (industry) in this state is regulated by
the Texas Manufactured Housing Standards Act (Act), which has been modified
in prior legislative sessions.  The industry may benefit from improvement
and refinement of the Act.  C.S.H.B. 3552 modifies provisions relating to
manufactured housing standards. 

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

C.S.H.B. 3552 amends the Texas Manufactured Housing Standards Act to
increase from $2,000 to $4,000 the maximum fine that a person may be
required to pay if the person violates the Act or any rule, regulation, or
administrative order of the Texas Department of Housing and Community
Affairs (TDHCA). The bill modifies the effective date of provisions
regarding wind zone standards  to September 1, 1997.   

Before the issuance of a certificate of attachment, the bill authorizes a
person who surrenders the manufacturer's certificate or the original
document of title to TDHCA to file a notice of attachment in the real
property records of the county in which the home is located.  The bill sets
forth provisions regarding the notice of attachment and provides that, if a
notice of attachment is to be filed, a copy of the notice must be submitted
with the manufacturer's certificate or the original document of title
surrendered for cancellation.  The bill provides that the report relating
to manufactured homes that TDHCA is required to furnish each county tax
assessor-collector is a monthly, rather than quarterly, report. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3552 modifies the original bill by authorizing a person who
surrenders the manufacturer's certificate or the original document of title
to the Texas Department of Housing and Community Affairs, before the
issuance of a certificate  of attachment, to file a notice of attachment in
the real property records of the county in which the home is located.  The
substitute sets forth provisions regarding the notice of attachment and
provides that, if a notice of attachment is to be filed, a copy of the
notice must be submitted with the manufacturer's certificate or the
original document of title surrendered for cancellation.  The substitute
adds to the information required in the monthly report the date of the
installation of the manufactured home, and the name of the owner of each
manufactured home installed in the county during the preceding month,
rather than the preceding quarter.