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") proposes amendments to §80.20
and §80.202, which increase fees in amounts that are reasonable and necessary
to defray the costs of administering the Texas Manufactured Housing Standards
Act, Occupations Code, Subtitle C, Chapter 1201.
The Department has not revised its fees in approximately 15 years. During
that time, operating costs of the Department have increased, in titling, inspections,
enforcement, and other areas. The proposed increases are designed to enable
the Department to continue to conduct its oversight functions on a fiscally
responsible basis.
Tim Irvine, Deputy Executive Director of the Manufactured Housing Division
of the Texas Department of Housing and Community Affairs, has determined that
for the first five-year period that these sections as proposed are in effect
the fiscal implications are expected to be $2,461,935 per year as a result
of increasing fees in §80.20 and $2,291,010 per year as a result of increasing
fees in §80.202. There are expected to be no fiscal implications for
units of local government as a result of enforcing or administering the sections.
Section 80.20(b)(1) increases the reporting fee for the installation of
a home not installed on a permanent foundation from $20 to $100.
Section 80.20(b)(2) increases the reporting fee for homes installed on
a permanent foundation from $100 to $150.
Section 80.20(c) increases the alteration fee from $30 to $60.
Section 80.20(d) increases the fee for issuance of Texas Seals from $15
to $35 per section.
Section 80.20(f) increases the fee for a homeowner’s temporary installer’s
license from $40 to $100.
Section 80.20(h)(1) increases the fee for a habitability inspection from
$100 to $150 on a home which is to be titled for use as a residence after
the title has been previously canceled to business use or to become real estate.
Section 80.20(h)(2) increases the fee for a habitability inspection from
$125 to $200 for the plan review and inspection of a salvaged home which is
to be rebuilt to determine if the home is habitable for reinstatement of the
title.
Section 80.20(i)(1) increases the fee for a consumer complaint inspection
from $100 to $150 for the initial inspection when requested by a license holder
or party other than a consumer.
Section 80.20(i)(2) increases the fee for a consumer complaint inspection
from $100 to $150 for the reinspection of a consumer’s home.
Section 80.202(a)(1) increases the fee for a title transaction from $35
to $55.
Section 80.202(a)(2) increases the fee to provide a certification form
for a home that is permanently affixed from $100 to $150.
Section 80.202(a)(3) increases the fee for Quick Title Service from $35
to $55 for each title transaction.
Section 80.202(e) increases the fee for a title search from $10 to $20.
Mr. Irvine also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit as a result of enforcing
the sections will be: ability to continue providing quality service in title
issuance, installation inspections, enforcement activities, and gathering
of data to facilitate the administration of the Act. The probable economic
costs for each section of the rules are as follows:
Section 80.20(b)(1) is expected to have an economic cost to persons/businesses
of an additional $80 per home for reporting the installation of a home that
is not installed on a permanent foundation. The increase is necessary to defray
the cost of conducting installation inspections. This will benefit the consumer
by ensuring that the home is installed properly. There are expected to be
no fiscal implications for units of local government as a result of enforcing
or administering the section.
Section 80.20(b)(2) is expected to have an economic cost to persons/businesses
of an additional $50 per home for reporting the installation of a home that
is installed on a permanent foundation. The increase is necessary to defray
the cost of conducting installation inspections. This will benefit the consumer
by ensuring that the home is installed properly. There are expected to be
no fiscal implications for units of local government as a result of enforcing
or administering the section.
Section 80.20(c) is expected to have an economic cost to persons/businesses
of an additional $30 per hour or a minimum of $60 for the inspection of alterations.
The increase is necessary to defray cost of conducting the inspection. This
will benefit the consumer by ensuring that alterations on the structure, plumbing,
heating, or electrical systems are safely and properly executed. There are
expected to be no fiscal implications for units of local government as a result
of enforcing or administering the section.
Section 80.20(d) is expected to have an economic cost to persons/businesses
of an additional $20 per section for the issuance of Texas Seals. The increase
is necessary to defray the cost of issuing the seals. This will benefit the
consumer by ensuring that the seals are issued in a timely manner. There are
expected to be no fiscal implications for units of local government as a result
of enforcing or administering the section.
Section 80.20(f) is expected to have an economic cost to persons/businesses
of an additional $60 per section for the issuance of a homeowner’s temporary
installer’s license. The increase is necessary to defray the cost of
issuing the license. This will benefit the consumer by ensuring that licenses
are issued in a timely manner. There are expected to be no fiscal implications
for units of local government as a result of enforcing or administering the
section.
Section 80.20(h)(1) is expected to have an economic cost to persons/businesses
of an additional $50 for the habitability inspection on a home which is to
be titled for use as a residence after the title has been previously canceled
to business use or to become real property. The increase is necessary to defray
the cost of conducting the inspection. This will benefit the consumer by ensuring
the home is safe for use as a residence and that the inspections are conducted
in a timely manner. There are expected to be no fiscal implications for units
of local government as a result of enforcing or administering the section.
Section 80.20(h)(2) is expected to have an economic cost to persons/businesses
of an additional $75 for the plan review and inspection of a salvaged home
which is to be rebuilt to determine if the home is habitable for reinstatement
of the title. The increase is necessary to defray the cost of conducting the
plan review and the inspection. This will benefit the consumer by ensuring
the home is safe for use as a residence and that the inspections are conducted
in a timely manner. There are expected to be no fiscal implications for units
of local government as a result of enforcing or administering the section.
Section 80.20(i)(1) is expected to have an economic cost to persons/businesses
of an additional $50 for the initial consumer complaint inspection when requested
by a license holder or party other than a consumer. The increase is necessary
to defray the cost of conducting the inspection. This will benefit the consumer
by ensuring the home is or will be repaired to meet HUD-Code Standards and
that the inspections are conducted in a timely manner. There are expected
to be no fiscal implications for units of local government as a result of
enforcing or administering the section.
Section 80.20(i)(2) is expected to have an economic cost to persons/businesses
of an additional $50 for the reinspection of a consumer’s home. The
increase is necessary to defray the cost of conducting the inspection. This
will benefit the consumer by ensuring the home is or will be repaired to meet
HUD-Code Standards and that the inspections are conducted in a timely manner.
There are expected to be no fiscal implications for units of local government
as a result of enforcing or administering the section.
Section 80.202(a)(1) is expected to have an economic cost to persons/businesses
of an additional $20 for each title transaction. The increase is necessary
to defray the cost of title issuance. This will benefit the consumer by ensuring
that titles are issued in a timely manner. There are expected to be no fiscal
implications for units of local government as a result of enforcing or administering
the section.
Section 80.202(a)(2) is expected to have an economic cost to persons/businesses
of an additional $50 to provide a certification form for a home that is permanently
affixed. The increase is necessary to defray the cost of conducting installation
inspections. This will benefit the consumer by ensuring that the home is installed
properly. There are expected to be no fiscal implications for units of local
government as a result of enforcing or administering the section.
Section 80.202(a)(3) is expected to have an economic cost to persons/businesses
of an additional $20 for Quick Title Service. The increase is necessary to
defray the cost of title issuance. This will benefit the consumer by ensuring
titles are issued in a timely manner. There are expected to be no fiscal implications
for units of local government as a result of enforcing or administering the
section.
Section 80.202(e) is expected to have an economic cost to persons/businesses
of an additional $10 for a title search. The increase is necessary to defray
the cost of conducing title searches. This will benefit the consumer by ensuring
title searches are conducted in a timely manner. There are expected to be
no fiscal implications for units of local government as a result of enforcing
or administering the section.
Comments may be submitted to Mr. Tim Irvine, Deputy Executive Director
of the Manufactured Housing Division, of the Texas Department of Housing and
Community Affairs, P. O. Box 12489, Austin, Texas 78711-2489 or by e-mail
at the following address tirvine@tdhca.state.tx.us. The deadline for comments
is 30 days after publication in the
Texas Register
.
Subchapter C. FEE STRUCTURE