On September 22 the board that oversees the operations of the MH Division of TDHCA met in Austin. One of their action items was to move forward with proposing amendments to the administrative rules.
Most of the proposed changes are a necessary response to the law changes which occurred on September 1, 2023, with the passage of H.B. 2706 during the 2023 Legislative Session. Recall that H.B. 2706 was the TMHA advocated and lobbied bill to make several changes to our state’s manufactured housing laws. There is also a proposed change to address any attempts to cheat on the online licensing exam, which is being addressed after an unfortunate instance of cheating.
The summary of the proposed rules are as follows:
10 Tex. Admin. Code §80.41(c)(2)(A), (B) and (C) is added to assist in enforcement of §1201.551(a)(7) when an individual attempts to cheat or assist an individual with cheating on any of the Manufactured Housing Division Licensing exams.
10 Tex. Admin. Code §80.41 (g)(1) and (2) is amended to update the requirements for an exemption for a retailers license and the circumstances under which an exemption is granted.
10 Tex. Admin. Code §80.92 is repealed because the inventory finance liens are no longer required to be submitted to the Department.
For members who would like to see the proposed changes, you can read them here.
The changes mentioned above to the retail licensing exception are the result of the law change from H.B. 2706 that allows a person selling a community with community owned homes in it to sell the property and all the homes to a new purchaser without having to first get their retailer’s license. And the inventory lien changes were inspired initial by industry floorplan lenders who wanted to simplify the floorplan lien perfection process, again, also changed by the passage of H.B. 2706.
We support these proposed changes and expect to publicly state our position during the public comments.