Bill Text: TX HB2706 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the regulation of manufactured homes.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB2706 Detail]
Download: Texas-2023-HB2706-Enrolled.html
H.B. No. 2706 |
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relating to the regulation of manufactured homes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1201.1025, Occupations Code, is amended | ||
by adding Subsection (a-1) and amending Subsection (c) to read as | ||
follows: | ||
(a-1) A person is exempt from holding a retailer's license | ||
as required by Section 1201.101(b) if all manufactured homes sold | ||
or offered for sale by the person are: | ||
(1) located in a manufactured home community, as | ||
defined by Section 94.001, Property Code; and | ||
(2) sold or offered for sale to the same purchaser in | ||
connection with a sale of the real property of the community. | ||
(c) A person who is eligible for an exemption under this | ||
section remains subject to the other applicable provisions of this | ||
subchapter and department rules regarding the sale or transfer of | ||
manufactured homes. | ||
SECTION 2. Section 1201.153(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) The notice must: | ||
(1) contain the information required by: | ||
(A) the United States Department of Housing and | ||
Urban Development; or | ||
(B) the board; and | ||
(2) be of the type, size, and format required by the | ||
director. | ||
SECTION 3. Section 1201.201(5), Occupations Code, is | ||
amended to read as follows: | ||
(5) "Inventory": | ||
(A) has the meaning assigned by Section 9.102, | ||
Business & Commerce Code; and | ||
(B) does not include manufactured homes used by a | ||
retailer as equipment, as defined by Section 9.102(a)(33), Business & | ||
Commerce Code [ |
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SECTION 4. Sections 1201.219(a) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(a) A lien on manufactured homes in inventory is perfected | ||
only by filing a financing statement in accordance with Section | ||
9.310, Business & Commerce Code, and the other provisions of that | ||
code related to security interests for inventory [ |
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to the manufactured homes in the inventory as well as to any | ||
proceeds from the sale of those homes. The department may suspend | ||
or revoke the license of a retailer who fails to satisfy a perfected | ||
inventory lien. | ||
(c) Notwithstanding any other provision of this section or | ||
any other law, the filing of a financing statement to perfect a lien | ||
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Subsection (a) does not prevent a buyer in the ordinary course of | ||
business, as defined by Section 1.201, Business & Commerce Code, | ||
from acquiring good and marketable title free of that lien, and the | ||
department may not consider that lien for the purpose of title | ||
issuance. | ||
SECTION 5. Section 1201.357(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) If the manufacturer, retailer, or installer, as | ||
applicable, fails or refuses to provide warranty service in | ||
accordance with the department order under Section 1201.356, the | ||
director may [ |
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manufacturer, retailer, or installer must show cause as to why the | ||
manufacturer's, retailer's, or installer's license should not be | ||
suspended or revoked and at which the consumer may express the | ||
person's views. Following the meeting, the director shall either | ||
resolve the matter by agreed order, dismiss the matter if no | ||
violation is found to have occurred, or institute an administrative | ||
action, which may include license suspension or revocation, the | ||
assessment of administrative penalties, or a combination of such | ||
actions. | ||
SECTION 6. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2706 was passed by the House on April | ||
14, 2023, by the following vote: Yeas 120, Nays 23, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2706 on May 25, 2023, by the following vote: Yeas 127, Nays 12, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2706 was passed by the Senate, with | ||
amendments, on May 21, 2023, by the following vote: Yeas 29, Nays | ||
2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |