HBA-EDN C.S.H.B. 468 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 468
By: Solomons
Ways & Means
3/26/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Tax assessors and collectors often find it difficult and time-consuming to
collect delinquent property taxes on manufactured homes because of the
mobility of these homes.  Sales of manufactured homes frequently take place
between individuals without going through a title company; therefore a
purchaser may move the home freely with no knowledge of any additional tax
burden incurred.  Collecting current year taxes from the previous owner who
owes taxes may be difficult because the owner cannot be found.  C.S.H.B.
468 requires the chief appraiser to determine that no unpaid ad valorem
taxes have been reported on a manufactured home due to any taxing unit
before a permit for moving the manufactured home is issued and eliminates
the procedure of filing and releasing liens.           

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. 468 amends the Transportation Code to provide that an application
for a permit to transport a manufactured house must be accompanied by a
written statement from the chief appraiser of the appraisal district
established for the county in which the manufactured home is located that
states that no unpaid ad valorem taxes have been reported on the
manufactured house due any taxing unit for which the appraisal district
appraises property if transporting the manufactured house from a location
other than the location of the manufacturer or the retailer of the
manufactured house pursuant to the original sale, exchange, or
lease-purchase of the manufactured house to a consumer.  The bill also sets
forth guidelines for applications for permits if the manufactured house is
not listed on the most recent tax roll of each taxing unit in which it is
located.  The bill deletes the provisions pertaining to permits for
manufactured homes being moved to sites where the manufactured home has
been or will be occupied as a dwelling, as well as the provisions relating
to sending such a permit to the tax assessor-collector and the chief
appraiser (Sec. 623.093). 

The bill provides that a person commits a Class C misdemeanor if the person
violates the above provisions relating to transporting a manufactured
house, except that it is a misdemeanor offense punishable by $500 if it
involves the movement of a manufactured house over a highway, road, or
street in this state without a permit issued by the Texas Department of
Transportation (Sec.  623.104).     

C.S.H.B. 468 amends the Texas Manufactured Housing Standards Act to
prohibit the Texas Department of Housing and Community Affairs from
suspending, revoking, or refusing to issue a document of title unless a
local tax lien was filed before September 1, 2001, and recorded pursuant to
provisions regarding the recording of tax liens on manufactured homes only
as these provisions existed on the date the lien was filed, and that the
lien has not been extinguished (Sec. 19).   

C.S.H.B. 468 amends the Tax Code to delete the provisions regarding
recording tax liens on manufactured homes, except those provisions relating
to  issuance of a tax certificate  on payment of the taxes, penalties, and
interest associated with a valid tax lien filed before September 1, 2001.
The bill provides that a bona  fide purchaser for value or the holder of a
lien, recorded on the manufactured home document of title, is not required
to pay any taxes imposed in a tax year that begins before January 1, 2001,
or penalties or interest on those taxes except for each year for which a
valid tax lien was duly filed and recorded pursuant to provisions regarding
recording tax liens on manufactured homes as the provisions existed on the
date the lien was filed, and each year for which the owner of the
manufactured home had constructive notice of the taxes pursuant to
provisions regarding recording tax liens on manufactured homes as the
provisions existed before September 1, 2001.  The effect and priority of a
tax lien that attaches to secure the payment of taxes imposed on a
manufactured home in a tax year that begins on or after January 1, 2001,
are those established by provisions relating to tax liens and the priority
of tax liens over other property interests.  A bona fide purchaser for
value or the holder of a lien recorded on a manufactured home document of
title is not required to pay any taxes imposed in a tax year that begins on
or after January 1, 2001, or penalties or interest on those taxes, if the
chief appraiser for the county in which the manufactured home is  located,
in connection with an application for a permit to transport the
manufactured home, has issued a written statement that no unpaid taxes have
been reported on the manufactured home due any taxing unit for which the
appraisal district appraises property.  On request of any person, the chief
appraiser is required to issue a written statement as to whether the chief
appraiser has received notice of any taxes on a manufactured home located
in the appraisal district.  The bill sets forth provisions regarding the
requested statement and the duties of the chief appraiser upon receipt of
the request.  The bill sets forth the required duties of the chief
appraiser if the information the chief appraiser receives indicates that
there are unpaid taxes due to that taxing unit on the manufactured home or
if the chief appraiser does not receive information that any taxes are owed
on the manufactured home.  A chief appraiser is authorizes to charge a
person a fee not to exceed $10 for each requested statement.  The bill
authorizes the chief appraiser to enter into a contract that authorizes the
assessor-collector to perform the same functions with regard to a requested
statement. (Secs.  32.015 and 32.03). 

EFFECTIVE DATE

September 1, 2001.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 468 modifies the original by providing that a bona fide purchaser
for value or the holder of a lien recorded on a manufactured home document
of title is not required to pay any taxes imposed in a tax year that begins
on or after January 1, 2001, or penalties or interest on those taxes, if
the chief appraiser for the county in which the manufactured home is
located, in connection with an application for a permit to transport the
manufactured home, has issued a written statement that no unpaid taxes have
been reported on the manufactured home due any taxing unit for which the
appraisal district appraises property.  The substitute sets forth
provisions regarding such a statement and certain duties of the chief
appraiser (Sec. 32.03, Tax Code).  The substitute provides that a written
statement described above, rather than a certificate from the tax
assessor-collector, must accompany an application for a permit to transport
a manufactured home (Sec. 623.093, Transportation Code).   

The substitute removes the provision providing for the appropriation of a
fine imposed by a peace officer for a violation of transporting a
manufactured home without a permit over a highway, road, or street in this
state (Sec. 623.104, Transportation Code).