TITLE 10. COMMUNITY DEVELOPMENT

PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CHAPTER 80. MANUFACTURED HOUSING

The Manufactured Housing Division of the Texas Department of Housing and Community Affairs (the "Department") adopts amendments to 10 Texas Administrative Code, Chapter 80, §§80.2, 80.3, 80.32, 80.33, 80.36, 80.38, 80.40, 80.41, 80.73, 80.80, 80.90 and 80.91, relating to the regulation of the manufactured housing program without changes to the proposed text as published in the October 6, 2017, issue of the Texas Register (42 TexReg 5297) and will not be republished.

The rules are revised to comply with House Bill 2019 (85th Legislature, 2017 Regular Session) that amends the Manufactured Housing Standards Act and for clarification purposes.

The rules as proposed on October 6, 2017, are adopted as final rules and are effective thirty (30) days following the date of publication with the Texas Register of notice that the rules are adopted.

There were no comments received suggesting changes to the proposed rules during the comment period and no requests were received for a public hearing to take comments on the rules.

The Texas Manufactured Housing Association submitted a response in support of the proposed rules.

The following is a restatement of the rules' factual basis:

Section 80.2(2): Clarification of the definition of business days.

Section 80.3(c): The term of lease-purchase is removed and the name of the Statement of Ownership and Location is changed to the Statement of Ownership.

Section 80.3(g): The reference to the home previously being designated for business use is removed and the name of the Statement of Ownership and Location is changed to the Statement of Ownership.

Section 80.3(h)(3): The name of the Statement of Ownership and Location is changed to the Statement of Ownership.

Section 80.3(k), (1) and (2): The name of the Statement of Ownership and Location is changed to the Statement of Ownership.

Section 80.32(b), (c), (h) and (u): Removed the reference to lease-purchase.

Section 80.32(d) and (g): The name of the Statement of Ownership and Location is changed to the Statement of Ownership.

Section 80.32(p): The name of the Texas Manufactured Homeowners' Recovery Trust Fund changed to the Texas Manufactured Homeowner Consumer Claims Program (Claims Program).

Section 80.33(g): Additional responsibilities are added for contracting installers subcontracting the installation and included the requirement for provisional installers to submit a copy of the Notice of Installation to the Department's Field Office within three days of installation.

Section 80.33(h): The name of the Statement of Ownership and Location is changed to the Statement of Ownership.

Section 80.36(a): The name of the Statement of Ownership and Location is changed to the Statement of Ownership.

Section 80.38(b): Removed the requirement that the Governor of Texas must declare existence of an emergency, which allows the consumer the right to waive their three day right of rescission in case of an emergency, rather than only after a governor declared natural disaster.

Section 80.40(a): Made a correction in the last sentence by deleting the word "of."

Section 80.41(c)(4) - (8): Includes additional requirements for the licensing education course for related persons added to licenses.

Section 80.41(d)(1): Removed all the Continuing Education specific hour requirements.

Section 80.41(d)(2): Added requirement that all related persons added to a license must complete the eight hours of continuing education every two years.

Section 80.41(e)(4)(A): Removed language requiring fingerprints to be obtained prior to applying for a license.

Section 80.41(f)(1)(C): The name of the Trust Fund changed to the Manufactured Homeowner Consumer Claims Program.

Section 80.73(i): The new subsection allows a purchaser of a manufactured home for business use to file a complaint against the retailer if the home is not habitable, if they disclosed to the retailer in writing at the time of purchase the intent for a person to be present for regularly scheduled work of not less than eight hours.

The title of Subchapter F is changed from Manufactures Homeowners' Recovery Trust Fund to Manufactured Homeowner Consumer Claims Program.

The title of §80.80 is changed from Administration of Claims under the Manufactured Homeowners' Recovery Trust Fund to Manufactured Homeowner Consumer Claims Program.

Section 80.80(a), (b) and (f): Revised the name from Manufactured Homeowners' Recovery Trust Fund or the Fund to either Manufactured Homeowner Consumer Claims Program or the Claims Program.

The title of Subchapter G is changed from Statements of Ownership and Location to Statements of Ownership.

The title of §80.90 is changed from Issuance of Statements of Ownership and Location to Issuance of Statements of Ownership.

Section 80.90(a), (b) and (c): Changed the application name from application for statement of ownership and location to application for statement of ownership.

Section 80.90(d): Removes the requirement for certified copies of supporting documentation to accept just copies.

Section 80.90(e): Updates the name of Statement of Ownership and Location by removing "and Location" and includes the term Certificates of Attachment as automatically converting to the new document of title, the Statement of Ownership.

Section 80.90(f), (g), (h) and (i): Updates the name of the Statement of Ownership and the application by removing "and location."

Section 80.90(j): Adds new subsection stating the executive director may require an affidavit of fact requesting additional documentation to accompany a statement of ownership application.

Section 80.91(a): Changes SOL to Statement of Ownership.

SUBCHAPTER A. CODES, STANDARDS, TERMS, FEES, AND ADMINISTRATION

10 TAC §80.2, §80.3

The amended rules are adopted under §1201.052 of the Texas Occupations Code, which provides the Director with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and §1201.053 of the Texas Occupations Code, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.

No other statutes, codes, or articles are affected by adoption of the amended rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704723

Joe A. Garcia

Executive Director

Texas Department of Housing and Community Affairs

Effective date: January 7, 2018

Proposal publication date: October 6, 2017

For further information, please call: (512) 475-2206


SUBCHAPTER C. LICENSEES' RESPONSIBILITIES AND REQUIREMENTS

10 TAC §§80.32, 80.33, 80.36, 80.38

The amended rules are adopted under §1201.052 of the Texas Occupations Code, which provides the Director with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and §1201.053 of the Texas Occupations Code, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.

No other statutes, codes, or articles are affected by adoption of the amended rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704724

Joe A. Garcia

Executive Director

Texas Department of Housing and Community Affairs

Effective date: January 7, 2018

Proposal publication date: October 6, 2017

For further information, please call: (512) 475-2206


SUBCHAPTER D. LICENSING

10 TAC §80.40, §80.41

The amended rules are adopted under §1201.052 of the Texas Occupations Code, which provides the Director with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and §1201.053 of the Texas Occupations Code, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.

No other statutes, codes, or articles are affected by adoption of the amended rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704725

Joe A. Garcia

Executive Director

Texas Department of Housing and Community Affairs

Effective date: January 7, 2018

Proposal publication date: October 6, 2017

For further information, please call: (512) 475-2206


SUBCHAPTER E. ENFORCEMENT

10 TAC §80.73

The amended rule is adopted under §1201.052 of the Texas Occupations Code, which provides the Director with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and §1201.053 of the Texas Occupations Code, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.

No other statutes, codes, or articles are affected by adoption of the amended rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704726

Joe A. Garcia

Executive Director

Texas Department of Housing and Community Affairs

Effective date: January 7, 2018

Proposal publication date: October 6, 2017

For further information, please call: (512) 475-2206


SUBCHAPTER F. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM

10 TAC §80.80

The amended rules are adopted under §1201.052 of the Texas Occupations Code, which provides the Director with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and §1201.053 of the Texas Occupations Code, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.

No other statutes, codes, or articles are affected by adoption of the amended rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704727

Joe A. Garcia

Executive Director

Texas Department of Housing and Community Affairs

Effective date: January 7, 2018

Proposal publication date: October 6, 2017

For further information, please call: (512) 475-2206


SUBCHAPTER G. STATEMENTS OF OWNERSHIP

10 TAC §80.90, §80.91

The amended rules are adopted under §1201.052 of the Texas Occupations Code, which provides the Director with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and §1201.053 of the Texas Occupations Code, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.

No other statutes, codes, or articles are affected by adoption of the amended rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 20, 2017.

TRD-201704728

Joe A. Garcia

Executive Director

Texas Department of Housing and Community Affairs

Effective date: January 7, 2018

Proposal publication date: October 6, 2017

For further information, please call: (512) 475-2206