New Proposed and Pre-Proposed Rules for TX Modulars and Some MLO's Registered with OCCC

This is a general “around the horn” post about two recent Texas regulatory actions from TDLR (residential modular regulator) and OCCC (manufactured housing chattel lending regulator).

The TDLR Industrialized Housing and Building Code Council, which regulates residential and commercial modulars, meet on November 12^th.  The council approved and set for expedited rule making and adoption a rule change that, “allows the team lead for the initial certification of a manufacturing plant to also conduct regular in-plant inspections as an employee of a third-party inspection agency.” 

For more on the rule or to submit public comment you can visit the proposed rule page.

Second, the OCCC conducted a pre-proposed rule webinar on Thursday November 21.  TMHA participated in the webinar.  The topic is a possible rule change that would make changes to the OCCC’s rule on NMLS registration. 

Here is the pre-comment draft of the possibly proposed rule.

But for ease of access the crux of the proposed changes are:

Under Section 14.109 of the Texas Finance Code, the OCCC is authorized to require use of the Nationwide Multistate Licensing System (NMLS) for certain license and registration types. During calendar year 2025, the OCCC intends to begin a phased process of migrating license groups from the OCCC’s current licensing platform, ALECS, to NMLS. The OCCC believes that moving to NMLS will improve the user experience of the licensing system.

The OCCC has accepted informal pre-comments on the draft rule.  We expect the formal rule posting in the coming months.