From the 83rd: 42 Days To Go

Today is April 15th, which most of us know as tax day.  Today also happens to be the 98th day of the 2013 Texas Legislative Session.  We are down to 42 days remaining for this session.

Last Week

TMHA supported HB 578 limiting TDLR enforcement actions related to modular homes to only two years, rapidly flew through the House Calendars Committee and is set for debate on the House floor next Tuesday, April 23.  With limited time and a House Calendar growing exponentially each day, having this bill set was a big win.

Another TMHA victory occurred last Thursday evening when the House Urban Affairs Committee narrowly voted out HB 2954.  HB 2954 would establish a specific manufactured home buyer down payment assistance program administered by the MH Division of TDHCA.  The bill and corresponding funding still have a ways to go, but the 4 -1 vote out of committee (committee of seven, meaning less than four votes in favor and the bill would have died in committee) was good progress forward.

In other important MH related session news, HB 3361 was voted out of the House Urban Affairs Committee last Friday and sent to House Calendars today.  HB 3361 is the TDHCA “sunset bill” that will continue the agency for another 12 years.  The bill must pass in order for the agency, which includes the MH Division, to remain in existence.

This Week

Tomorrow HB 2210 will be heard in the House Licensing and Administrative Procedures Committee.  TMHA has several concerns with this bill that specifically targets manufactured housing. 

The bill’s caption reads, “relating to information required to be displayed for the transfer of a manufactured home.” 

As filed, the bill would require the department to publicly post any license holder who had received a complaint filed against the license holder prior to the department having an investigation and determining if the complaint is valid.  TMHA strongly disagrees with the “guilty until proven innocent” position this language would impose on license holders. 

The bill goes on to require a laminated copy of a home’s SOL be attached to the front door of any used home sold by a license holder.  TMHA further disagrees with this provision because it would create new and unknown liability to a license holder.  For example, what happens if winds or other weather blow the paper off the front door without the retailer’s knowledge, or if parties outside of the license holder’s control, like children accompanying their parents on a retail lot, remove the paper without the license holder’s knowledge?  Further complicating a license holder’s potential liability is the lack of documentation or verification a consumer actually saw, understood, and acknowledged the contents of the SOL posting.  TMHA will represent our concerns to the committee tomorrow during the hearing while our lobby efforts today and tomorrow will ensure all committee members are well aware of our concerns.

On Thursday afternoon TMHA supported HB 3613 will be heard by the House Ways and Means Committee.  HB 3613 would create a process where the MH Division of TDHCA can remove tax liens on manufactured homes that are delinquent four or more years.  TMHA Executive Director, DJ Pendleton, will return to Austin from the MHI National Congress and Expo to testify in favor of this bill in committee that afternoon.

The number of days remaining are shrinking, but the days themselves are growing longer as we near the end of session on May 27th.  As with all sessions, we expect the remaining few days to increase in volume and intensity as we approach the end.

Stay tuned for future updates.