87R10387 JAM-F     By: Fierro H.B. No. 3417       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of manufactured homes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 1201, Occupations Code, is   amended by adding Section 1201.1021 to read as follows:          Sec. 1201.1021.  POWERS OF DIRECTOR DURING DECLARED   EMERGENCY. (a) For purposes of this section, a declared emergency   exists when an emergency declaration is issued by the governor or a   federal agency.          (b)  During a declared emergency that exceeds a period of 14   days, the director:                (1)  shall waive all licensing requirements to ensure   the continued and adequate supply of professionals to build, sell,   transport, insure, finance, and install manufactured homes; and                (2)  may require a person to register with the   department before engaging in any activity regulated under this   chapter.          (c)  Following the cessation of a declared emergency, the   director may require a person registered with the department under   Subsection (b)(2) to comply with the criminal history background   check requirements and other licensing requirements of this   chapter.          (d)  All actions regulated by this chapter and actions needed   to construct, transport, install, sell, finance, rent, and insure   manufactured homes are essential services that must be allowed to   continue to operate at a statewide level during a declared   emergency.          SECTION 2.  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 a lot or parcel of real property located   in 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 3.  Section 1201.1031(a), Occupations Code, is   amended to read as follows:          (a)  Except as provided by Section 1201.1021, the [The]   department shall require that an applicant for a license or renewal   of an unexpired license submit a complete and legible set of   fingerprints, on a form prescribed by the board, to the department   or to the Department of Public Safety for the purpose of obtaining   criminal history record information from the Department of Public   Safety and the Federal Bureau of Investigation.  The applicant is   required to submit a set of fingerprints only once under this   section unless a replacement set is otherwise needed to complete   the criminal history check required by this section.          SECTION 4.  Section 1201.104(g), Occupations Code, is   amended to read as follows:          (g)  Subsections (a), (a-2), (a-3), and (a-4) do not apply:                (1)  to a license holder who applies:                      (A) [(1)]  for a license for an additional   business location; or                      (B) [(2)]  to renew or reinstate a license; or                (2)  during a declared emergency as described by   Section 1201.1021.          SECTION 5.  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 6.  Section 1201.201(5), Occupations Code, is   amended to read as follows:                (5)  "Inventory":                      (A)  means:                            (i)  new manufactured homes purchased by a   retailer from a manufacturer; and                            (ii)  used manufactured homes that:                                  (a) [(A)]  a retailer has designated   as the retailer's inventory for sale pursuant to the process   implemented by the department; and                                  (b) [(B)]  are not used as residential   dwellings when so designated; and                      (B)  does not include manufactured homes used by a   retailer as equipment, as defined by Section 9.102(a)(33), Business &   Commerce Code.          SECTION 7.  Section 1201.219(a), Occupations Code, is   amended to read as follows:          (a)  Notwithstanding Section 9.310, Business & Commerce   Code, a [A] lien on manufactured homes in a retailer's inventory is   perfected only by filing the lien with the department on the   required form.  Once perfected, the lien applies 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.          SECTION 8.  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 [shall] hold an informal meeting at which the   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 9.  This Act takes effect September 1, 2021.