From the 83rd: 60 Days In
Three days after TMHA’s successful 2013 Capitol Visit Day came the 60th day of the 2013 Legislative Session. The significance of the 60th day is it is the last day to file bills.
When the dust finally settled and the deadline passed there were a total 5,677 bills filed. TMHA is currently tracking over 175 bills.
TMHA is pursuing one of our most ambitious and proactive legislative session in years. While constantly maintaining our defensive posture against bills that could adversely impact the industry (more on these below), we are simultaneously “putting the ball in the air” offensively to improve our industry.
Those 80-plus TMHA members who attending last week’s Capitol Visit Day are being asked to reach out to the members and staff they met with to follow up now that specific bills have been filed. We also encourage our entire membership to contact their representatives to further help advance our cause.
Taking on such ambitious goals elevates the profile of our industry as a whole. However, our success will depend on our membership as a whole joining us on the field to support our efforts.
TMHA’s Legislative Agenda
- HB 3361 by Dutton and SB 214 by Birdwell and Nichols – Texas Department of Housing and Community Affairs Sunset Bill
- The bills would continue TDHCA as a state agency, including the Manufactured Housing Division, for 12 more years
- Bill Text:
- HB 2954 by Guillen and SB 1690 by Lucio – Manufactured Housing Down Payment Assistance Pilot Program
- The bills would create a down payment assistance pilot program specifically for manufactured home purchasers. The eligible purchasers would have incomes below 80% of the Average Median Family Income and purchase the home in a rural area
- We expect modifications to the specific bill language as we’ll seek to secure an appropriations rider to provide funds to administer the program.
- Voted out Tuesday (March 12) morning by the House Appropriation Committee was a rider specific towards this program for $500,000.
- Bill Text:
- HB 3613 by Elkins – Releasing delinquent tax liens on manufactured homes
- The bill would create a mechanism by which tax assessor-collectors and the MH Division of TDHCA can work together to remove tax liens from personal property manufactured home titles, which are older than the four year statute of limitations to collect on personal property tax liens.
- Bill Text:
- HB 578 by Guillen and SB 672 by Carona – TDLR regulatory authority over modular homes clarified to one year following final installation
- The bills will provide clarity that the regulatory oversight of TDLR for modular home manufacturers and modular residential home builders exists only during the first year following final installation of residential modular homes.
- Bill Text:
- HB 2955 by Guillen and SB 1673 by Taylor – Relocating the regulatory oversight of residential modular homes from TDLR to the MH Division of TDHCA
- The bills would consolidate both residential modular homes with manufactured homes at the Manufactured Housing Division of TDHCA. Combining the two housing products under a single and specifically dedicated agency allows for greater efficiencies and specific housing expertise for two similar home products (modular and manufactured homes), which are built side-by-side in the same factories by many of the same companies.
- Bill Text:
Other Bills of Interest to TMHA Members
- HB 610 by Larson – Limited exception to obtaining a retailer’s license if a person sells more than one personal property manufactured home in conjunction with the real property sale of a manufactured home community to a single purchaser.
- The bill essentially creates a commercial exception to the retailer licensing requirement when homes are sold as part of a sale of a manufactured home community
- Bill Text:
- HB 944 by Riddle – Increases the “de minimus” exception to retailer licensure from one sale in a 12-month period to five sales
- HB 3474 by Harper-Brown – Eliminates the licensing requirement for manufactured home salespersons
- HB 3494 by Harper-Brown – Eliminates the mandatory continuing education requirements for manufactured home retailers, manufacturers and salespersons; continuing education would only be optional.
- SB 693 by Carona and HB 3474 by Paddie – Clarifies and defines acts of fraud related to filing liens on property in the county real property records
- SB 499 by Lucio and HB 3844 by Lucio III – Allows for either a bench (judge only) or jury trial for a consumer seeking a judgment to recover under the Manufactured Housing Homeowners’ Recovery Trust Fund
TMHA Watch List
Landlord Tenant Bills:
- HB 1086 by Rodriguez – Relates to the interruption of electric service by a residential landlord
- The bill applies to Chapter 92 of the Texas Property Code, meaning it only applies if you are renting out the home or apartment.
- The bill places specific provision in the law that allows a landlord to turn off a tenants utilities for non-payment of submetered utilities
- Bill Text:
- HB 1732 By Turner – Would require a dimensional drawing of residential leased premises be provided by the landlord to the tenant
- The bill applies to Chapter 92 of the Texas Property Code, meaning it only applies if you are renting out the home or apartment.
- Bill Text:
Transportation & Heavy Weight Moving Bills:
- HB 2132 by Kolkhorst – Would require escort vehicles that escort all heavy weight and oversized transports, including manufactured homes, be driven only by certified “escort flag vehicle pilot.”
- The bill would require essentially licensing/”certification” of an escort vehicle pilot after applying with Texas DMV, successfully completing a course and paying a fee.
- Bill Text:
- SB 1670 by Nichols – Increases the fees for oversized and overweight moving permits
- The base permit fee would increase from $90 to $900 with additional increases based on the number of counties passed through during transport.
- Bill Text:
Manufactured Housing Selling Regulation – Consumer Groups:
- HB 2210 by Naishtat – Would require additional license holder disclosure on TDHCA’s website and require a laminated copy of the SOL be affixed to the front door of any used home for sale showing who owns the home and any liens on the home.
- HB 3736 by Burnam – Would limit all single family homes sales to only be allowed by persons licensed under the Texas Real Estate Commission
- The bill, as first drafted, fails to recognize manufactured home salesperson and retailers as well as modular home builders.
MH Sales, Use and Taxes:
- HB 3742 by Lavender – Eliminates the MH sales tax condition of 65% of manufacture’s invoice applicable to sales tax.
County Authority:
The following is the list of bills filed related to some form of increased county authority over building and residential construction:
- HB 141 by Raymond, Richard (D) - Relating to county and municipal land development regulation.
- HB 540 by Alonzo, Roberto (D) - Relating to regulation of residential tenancies by local governments.
- HB 611 by Guillen, Ryan (D) - Relating to the regulation of subdivisions in counties, including certain border and economically distressed counties.
- HB 761 by Marquez, Marisa (D) - Relating to building code standards for new residential construction in the unincorporated area of a county.
- HB 1293 by Bell, Cecil (R) - Relating to the authority of a county to regulate the connection of electric service in the unincorporated area of the county.
- HB 1537 by Deshotel, Joe (D) -Relating to building code standards for new residential construction in the unincorporated area of a county.
- HB 1650 by Raymond, Richard (D) -Relating to county and municipal land development regulation.
- HB 1970 by Pickett, Joe (D) - Relating to the requirement that certain municipalities and counties regulate subdivisions in the extraterritorial jurisdiction of the municipality by agreement.
- HB 2152 by Callegari, Bill (R) - Relating to fees for certain recreational vehicle parks.
- HB 2206 by Price, Four (R) - Relating to the authority of a county to adopt a fire code.
- HB 2908 by Dutton, Harold (D) - Relating to authority of a municipality to adopt certain ordinances.
- HB 3128 by Lucio III, Eddie (D) - Relating to the authority of a county commissioners court to adopt standards for lot frontages on roads in the unincorporated area of the county.
- HB 3513 by Guillen, Ryan (D) - Relating to a municipality's comprehensive development.
- HB 3780 by Isaac, Jason (R) - Relating to the regulation of liquid propane gas tanks on residential property.
- HB 3793 by Coleman, Garnet (D) - Relating to county powers, duties, and services.
- SB 170 by West, Royce (D)- Relating to building code standards for new residential construction in the unincorporated area of a county.
- SB 274 by Williams, Tommy (R) - Relating to permits for oversize and overweight vehicles in a certain county.
- SB 456 by Rodriguez, Jose (D) - Relating to building code standards for new residential construction in the unincorporated area of a county.
- SB 461 by Rodriguez, Jose (D) - Relating to development regulations for certain unincorporated areas located near the Tornillo-Guadalupe Port of Entry; providing a penalty.
- SB 837 by Ellis, Rodney (D) - Relating to the authority of a municipality to require owners of real property to keep the property free of certain conditions.
- SB 1087 by Campbell, Donna (R) - Relating to the authority of a municipality to file a lien for the costs of abatement of a floodplain ordinance violation.
- SB 1452 by Lucio, Eddie (D) - Relating to authorizing certain border counties and municipalities in those counties to regulate land development.
- SB 1599 by Zaffirini, Judith (D) - Relating to county and municipal land development regulation.