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 §§80.11, 80.119, 80.208, 80.240 and 80.260, relating to the regulation of the manufactured housing program.

Section 80.11(28) - The new definition (Verified Claim on the HORTF) defines when a complaint is deemed to be a verified complaint with respect to the payment of claims from the Texas Manufactured Homeowners' Recovery Trust Fund.

Section 80.119(b)(3) - The new paragraph requires a person contracting for the delivery and installation of a used manufactured home to specify a date by which the installation will be provided and conditions under which this date may be extended.

Section 80.208 - The section is amended to revise subsection (a) to address filing tax liens manually and add new subsection (b) to address filing tax liens electronically. Also, subsection (d) is added to provide a method for tax collectors who file for multiple taxing units to file as a central tax collector under a single taxing unit ID number. It is not a requirement for tax collectors that file for multiple taxing units to file as a central tax collector.

Figure: 10 TAC §80.208(b) - Moved the tax lien form to §80.260(a)(14) and revised the certification statements in blocks 2 and 3 to address certifying as a central tax collector.

Section 80.240(a)(13) - Added a layout example for filing tax liens electronically.

Figure: 10 TAC §80.240(a)(13) - Tax lien layout for electronically filed tax liens.

Section 80.260(a)(14) and (15) - Moved the tax lien form from §80.208(b) and added a new form for tax collectors to file as a central tax collector if they file for multiple taxing units.

Figure: 10 TAC §80.260(a)(14) - Moved the tax lien form from §80.208(b) and revised the certification statements in blocks 2 and 3 to address certifying as a central tax collector.

Figure: 10 TAC §80.260(a)(15) - Added a new form for tax collectors to file as a central tax collector if they collect for multiple taxing units.

Timothy K. Irvine, 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 the amendments as proposed are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering these sections. There will be no effect on small or micro-businesses because of the proposed amendments. There are no anticipated economic costs to persons who are required to comply with the rules as amended.

Mr. Irvine also has determined that for each year of the first five years the amendments as proposed are in effect the public benefit as a result of enforcing the amendments are: to clarify procedures relating to the payment of claims from the Texas Manufactured Homeowners' Recovery Trust Fund; to protect consumers of used manufactured homes by requiring the contracting installer provide a specific date of installation and conditions that may cause the date to be extended; to provide additional instructions for filing tax liens on manufactured homes that increase the Department's ability to successfully locate and record tax liens; and to provide an option for collectors that file for multiple taxing units to file as a central collector under one taxing unit ID number.

The Department will conduct a public hearing to take comments on the proposed rules on Monday, June 26, 2006 at 1:00 p.m. at 221 E. 11th Street, Room 116, Austin, Texas 78701.

Comments may be submitted to Mr. Timothy K. Irvine, 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 tim.irvine@tdhca.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

Subchapter B. DEFINITIONS

10 TAC §80.11

The amendments are proposed under the Texas Manufactured Housing Standards Act, Occupations Code, Chapter 1201, §1201.052, which provides the Department with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and under Texas Government Code, Chapter 2306, §2306.6014, which authorizes the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.

No other statute, code, or article is affected by the proposed amended rule.

§80.11.Definitions.

Terms used herein that are defined in the Code and the Standards Act have the meanings ascribed to them therein. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) - (27) (No change.)

(28) Verified Claim on the HORTF--With respect to the payment of claims from the Texas Manufactured Homeowners' Recovery Trust Fund, a complaint is deemed to be a verified complaint at such time as:

(A) it is in proper form setting forth in a document sworn to before a notary by an injured consumer, claiming actual damages that would be reimbursable from the Fund;

(B) the amount of actual damages to be reimbursed from the Fund has been determined with certainty; and

(C) the claim has been investigated and found in all respects to be properly payable.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 12, 2006.

TRD-200602652

Timothy K. Irvine

Executive Director, Manufactured Housing Division of TDHCA

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: June 25, 2006

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

10 TAC §80.119

The amendments are proposed under the Texas Manufactured Housing Standards Act, Occupations Code, Chapter 1201, §1201.052, which provides the Department with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and under Texas Government Code, Chapter 2306, §2306.6014, which authorizes the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.

No other statute, code, or article is affected by the proposed amended rule.

§80.119.Installation Responsibilities.

(a) (No change.)

(b) For used manufactured homes, the person contracting with the consumer for the installation of the home is the installer and must warrant the proper installation of the home. If the contracting installer subcontracts with an independent licensed installer, then the subcontractor is jointly and severally liable for the portion of the installation that the subcontractor performed. The contracting installer is responsible to furnish the consumer with the installation warranty and site preparation notice. All verification and copies of the installation warranty and site preparation notice must be maintained in the installer's installation file for a period of no fewer than six (6) years from the date of installation.

(1) - (2) (No change.)

(3) A person contracting with a consumer for the delivery and the installation of any used manufactured home, must specify a date by which installation will be provided and the conditions under which this date may be extended.

(c) - (f) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 12, 2006.

TRD-200602653

Timothy K. Irvine

Executive Director, Manufactured Housing Division of TDHCA

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: June 25, 2006

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

10 TAC §80.208

The amendments are proposed under the Texas Manufactured Housing Standards Act, Occupations Code, Chapter 1201, §1201.052, which provides the Department with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and under Texas Government Code, Chapter 2306, §2306.6014, which authorizes the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.

No other statute, code, or article is affected by the proposed amended rule.

§80.208.Recording Tax Liens on Manufactured Homes.

(a) Manually filed tax [ Tax ] liens shall be filed with the Department using the form provided in §80.260(a)(14) of this title (relating to Required and Optional Forms) [ this section or by an electronic filing providing the same information ]. No other form will be accepted for the manual filing of tax liens. The form must be properly completed.

(b) Electronically filed tax liens and tax lien releases shall be filed with the Department using the required file layout as provided in §80.240(a)(13) of this title (relating to Tables and Figures). No other format will be accepted for electronic filing of tax liens.

(c) [ (b) ] For tax liens recorded after June 18, 2005, but prior to the effective date of these rules, those tax liens relating to tax years prior to 2001 will be disregarded and will not be treated as having been recorded.

[ Figure: 10 TAC §80.208(b) ]

(d) If a tax collector wishes, it may file as a central tax collector under a single taxing unit ID number, in which case the liens recorded or released under that taxing unit ID number will extend to all liens created for tax obligations to the taxing units for which the filer collects. In order, however, to file as a central collector, the filer must complete and provide to the Department the form set out in §80.260(a)(15) of this title (relating to Required and Optional Forms).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 12, 2006.

TRD-200602654

Timothy K. Irvine

Executive Director, Manufactured Housing Division of TDHCA

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: June 25, 2006

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

10 TAC §80.240

The amendments are proposed under the Texas Manufactured Housing Standards Act, Occupations Code, Chapter 1201, §1201.052, which provides the Department with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and under Texas Government Code, Chapter 2306, §2306.6014, which authorizes the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.

No other statute, code, or article is affected by the proposed amended rule.

§80.240.Tables and Figures.

(a) Tables.

(1) - (12) (No change.)

(13) Tax Lien Layout for Electronically Filed Tax Liens.

Figure: 10 TAC §80.240(a)(13) (.pdf)

(b) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 12, 2006.

TRD-200602655

Timothy K. Irvine

Executive Director, Manufactured Housing Division of TDHCA

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: June 25, 2006

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

10 TAC §80.260

The amendments are proposed under the Texas Manufactured Housing Standards Act, Occupations Code, Chapter 1201, §1201.052, which provides the Department with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and under Texas Government Code, Chapter 2306, §2306.6014, which authorizes the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.

No other statute, code, or article is affected by the proposed amended rule.

§80.260.Required and Optional Forms.

(a) Required Forms.

(1) - (13) (No change.)

(14) Tax Lien Record and Release Form.

Figure: 10 TAC §80.260(a)(14) (.pdf)

(15) Notification of filing status as a Central Tax Collector.

Figure: 10 TAC §80.260(a)(15) (.pdf)

(b) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 12, 2006.

TRD-200602656

Timothy K. Irvine

Executive Director, Manufactured Housing Division of TDHCA

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: June 25, 2006

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