H.B. No. 2438
AN ACT
relating to the acquisition and regulation of manufactured homes.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1201.101(f), Occupations Code, is 
amended to read as follows:
	(f)  A person may not act as a salesperson of manufactured 
housing unless the person holds a salesperson's license [is a 
license holder].  A retailer or broker may not employ or otherwise 
use the services of a salesperson who is not licensed.  A licensed 
salesperson may not participate in a sale of a manufactured home 
unless the sale is through the retailer who sponsored the 
salesperson's application as required by Section 1201.103(d).
	SECTION 2.  Section 1201.103(d), Occupations Code, is 
amended to read as follows:
	(d)  An applicant for a salesperson's license must:                            
		(1)  file with the director an application that 
provides [providing] any information the director considers 
necessary and that is sponsored by a licensed, bonded retailer; and
		(2)  pay the required fee.                                                    
	SECTION 3.  Section 1201.106(a), Occupations Code, is 
amended to read as follows:
	(a)  An applicant for a license or a license holder shall 
file a bond or other security under Section 1201.105 for the 
issuance or renewal of a license in the following amount:
		(1)  $100,000 for a manufacturer;                                             
		(2)  $50,000 for a retailer;                                                  
		(3)  $30,000 for a rebuilder;                                                 
		(4)  $50,000 [$20,000] for a broker; or               
		(5)  $10,000 for an installer.                                                
	SECTION 4.  Section 1201.107, Occupations Code, is amended 
by adding Subsection (d) to read as follows:
	(d)  If a retailer or broker offers for sale or participates 
in any way in the sale of a manufactured home at a location other 
than an undivided parcel of real property where more than one 
manufactured home is located and offered for sale, exchange, or 
lease-purchase by a retailer or broker to the public, the retailer 
or broker must:
		(1)  identify the bond on file with the department in 
conjunction with that person's license; and
		(2)  provide contractually in the sales transaction 
that the identified bond applies to the sale.
	SECTION 5.  Sections 1201.113(a), (b), (e), and (g), 
Occupations Code, are amended to read as follows:
	(a)  The board shall recognize, prepare, or administer 
certification and continuing education programs for salespersons
[persons] regulated under this chapter.
	(b)  A person who holds a salesperson's license [holder] must 
participate in certification and continuing education programs as 
provided by Subsection (e).
	(e)  A salesperson must complete eight hours of 
certification and continuing education programs not later than the 
90th day after the date the salesperson's initial license is 
issued.  To renew a salesperson's license, a salesperson [Persons] 
regulated under this chapter [and directly involved in the sale of 
manufactured housing] must complete an additional eight hours of 
certification and continuing education programs for each renewal 
[each year].  The programs must be presented by a board-approved 
organization or educational institution and must include 
instruction in applicable [address] state and federal law,
[applicable to all manufactured housing retailer practices and 
relevant] consumer protection regulations, and ethical standards.
	(g)  The board shall suspend the license of a salesperson
[person] regulated under this chapter who does not complete the 
programs as required by this section.  The board shall reinstate the 
license on the salesperson's [person's] completion of the programs.
	SECTION 6.  Section 1201.114(a), Occupations Code, is 
amended to read as follows:
	(a)  A manufacturer's, retailer's, broker's, or installer's
license is valid for one year.  A salesperson's license is valid for 
two years.  A license [and] may be renewed as provided by the 
director.  A person whose license has been suspended or revoked or 
whose license has expired may not engage in activities that require 
a license until the license has been reinstated or renewed.
	SECTION 7.  Section 1201.151(d), Occupations Code, is 
amended to read as follows:
	(d)  This section does not apply to:                                           
		(1)  a deposit held in escrow in a real estate 
transaction;  or             
		(2)  money stated to be a down payment in an executed 
retail [installment] sales contract.
	SECTION 8.  Section 1201.159(a), Occupations Code, is 
amended to read as follows:
	(a)  A broker shall ensure that the seller gives the buyer 
the applicable disclosures and warranties that the buyer would have 
received if the buyer had purchased the manufactured home through a 
licensed retailer [may but is not required to be the agent of a 
party involved in the sale, exchange, or lease-purchase of a 
manufactured home for which a statement of ownership and location 
has been issued and is outstanding].
	SECTION 9.  Sections 1201.163(a) and (b), Occupations Code, 
are amended to read as follows:
	(a)  In addition to the disclosure statement required by 
Section 1201.162, the department shall adopt rules creating a 
one-page form printed in at least 12-point type that addresses
[addressing] consumer protection disclosures required in chattel 
mortgage transactions and shall prescribe the form for the 
disclosure statement.  A consumer protection disclosure statement 
under this subsection may not contain any blank lines and must 
contain only  [include] the following:
		(1)  a statement of the significant differences between 
chattel mortgages and real estate mortgages;
		(2)  an itemization of typical [estimated closing] 
costs associated with a chattel mortgage purchase of a manufactured 
home[, if any]; and
		(3)  an example [estimate of the total amount] of 
monthly payments in three typical chattel mortgage transactions, 
including an estimate of the amount of the[:
			[(A)]  principal, [and] interest, [payments;
			[(B)  costs of any] required insurance 
premium,[;] and
			[(C)  costs for payment of] ad valorem taxes[, 
based on the current tax rate of each taxing unit in which the 
manufactured home will be located as applied to the sales price of 
the manufactured home;
		[(4)  a statement of the roles of the retailer and any 
affiliated parties in the financing of the first retail sale, as 
defined by Section 1201.201, and the estimated compensation that 
they will receive for providing or arranging the financing; and
		[(5)  any other disclosures required by state or 
federal law, including the Real Estate Settlement Procedures Act of 
1974 (12 U.S.C. Section 2601 et seq.) and the Truth in Lending Act 
(15 U.S.C. Section 1601 et seq.)].
	(b)  A retailer shall provide the consumer protection 
disclosure statement to the consumer [at least 24 hours] before the 
completion of the first credit application [installment contract is 
fully executed, as provided by Section 1201.164].
	SECTION 10.  Section 1201.164(a), Occupations Code, is 
amended to read as follows:
	(a)  In a chattel mortgage transaction involving an 
installment contract, a retailer shall deliver to a consumer at 
least 24 hours before the contract is fully executed [the 
disclosure statements required by this subchapter and] the 
contract, with all required information included, signed by the 
retailer.  The delivery of the [disclosure statements and] 
installment contract, with all required information included, 
signed by the retailer constitutes a firm offer by the retailer.  
The consumer may accept the offer not earlier than 24 hours after 
the delivery of the contract [documents].  If the consumer has not 
accepted the offer within 72 hours after the delivery of the 
contract, the retailer may withdraw the offer.
	SECTION 11.  Section 1201.2055, Occupations Code, is amended 
by amending Subsection (d) and adding Subsections (e), (f), (g), 
and (h) to read as follows:
	(d)  If [the department issues a statement of ownership and 
location to] an owner elects [who has elected] to treat a 
manufactured home as real property, the department shall issue to 
the owner a certified copy of the statement of ownership  and 
location that on its face reflects that the owner has elected to 
treat the manufactured home as real property at the location listed 
on the statement.  Not later than the 60th day after the date the 
department issues a certified copy of the statement of ownership 
and location to the owner, the owner must:
		(1)  file the certified copy in the real property 
records of the county in which the home is located; and
		(2)  notify the department and the tax 
assessor-collector that the certified copy has been filed.
	(e)  A [the] manufactured home is not considered to be real 
property until a certified copy of the statement of ownership and 
location has been filed and the department and the tax 
assessor-collector have been notified of the filing as provided by 
Subsection (d).
	(f)  If notice is provided under Subsection (d), the 
department and the tax assessor-collector in a timely manner shall 
note in their records that a real property election has been 
perfected.  If notice is not provided as described by Subsection 
(d), the department and the tax assessor-collector shall note in 
their records that a real property election has not been perfected 
and that the home remains personal property [in the real property 
records of the county in which the home is located].
	(g)  After the department and the tax assessor-collector 
note in their records that a real property election has been 
perfected [certified copy has been filed in the real property 
records of the county], the home is considered to be real property 
for all purposes [in the form of an improvement to the underlying 
real property on which the home is located.  If a real property 
election has been made but a certified copy of the statement of 
ownership and location has not been filed as required by this 
subsection, the home continues to be treated as personal property 
until the certified copy is filed].
	(h)  The provisions of this chapter relating to the 
construction or installation of a manufactured home or to 
warranties for a manufactured home apply to a home regardless of 
whether the home is considered to be real or personal property.
	SECTION 12.  Section 1201.206(d), Occupations Code, is 
amended to read as follows:
	(d)  Not later than the 30th day after the date of each [At a] 
subsequent sale or transfer of a [the] home that is considered to be 
personal property, the seller [purchaser] or transferor
[transferee] shall provide to the department a completed 
application [apply] for the issuance of a new statement of 
ownership and location.
	SECTION 13.  Section 1201.207(a), Occupations Code, is 
amended to read as follows:
	(a)  The department shall process any completed application 
for the issuance of a statement of ownership and location not later 
than the 15th [10th] working day after the date the application is 
received by the department.  If the department rejects an 
application, the department shall provide a clear and complete 
explanation of the reason for the rejection and instructions on how 
to cure any defects, if possible.
	SECTION 14.  Subchapter E, Chapter 1201, Occupations Code, 
is amended by adding Section 1201.2076 to read as follows:
	Sec. 1201.2076.  CONVERSION FROM REAL PROPERTY TO PERSONAL 
PROPERTY.  The department may not issue a statement of ownership and 
location for a manufactured home that is being converted from real 
property to personal property until the department has inspected 
the home and determined that it is habitable and has notified the 
appropriate tax assessor-collector of the conversion and:
		(1)  each lien, including a tax lien, on the home is 
released by the lienholder; or
		(2)  each lienholder, including a taxing unit, gives 
written consent, to be placed on file with the department.
	SECTION 15.  Section 1201.209, Occupations Code, is amended 
to read as follows:
	Sec. 1201.209.  GROUNDS FOR REFUSAL TO ISSUE OR FOR 
SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP AND LOCATION.  
The department may not refuse to issue a statement of ownership and 
location and may not suspend or revoke a statement of ownership and 
location unless:
		(1)  the application for issuance of the statement of 
ownership and location contains a false or fraudulent statement, 
the applicant failed to provide information required by the 
director, or the applicant is not entitled to issuance of the 
statement of ownership and location;
		(2)  the director has reason to believe that the 
manufactured home is stolen or unlawfully converted, or the 
issuance of a statement of ownership and location would defraud the 
owner or a lienholder of the manufactured home;
		(3)  the director has reason to believe that the 
manufactured home is salvaged, and an application for the issuance 
of a new statement of ownership and location that indicates that the 
home is salvaged has not been filed;
		(4)  the required fee has not been paid;                                      
		(5)  the state sales and use tax has not been paid in 
accordance with Chapter 158, Tax Code, and Section 1201.208; or
		(6)  a [local] tax lien was filed [before September 1, 
2001,] and recorded under Section 1201.219 [32.015, Tax Code, as 
that section existed on the date the lien was filed,] and the lien 
has not been extinguished.
	SECTION 16.  Sections 1201.216(a) and (b), Occupations Code, 
are amended to read as follows:
	(a)  If the owner of a manufactured home notifies the 
department that the owner intends to treat the home as real property 
or to reserve its use for a business purpose or salvage, the [The] 
department shall indicate on the statement of ownership and 
location for the [a manufactured] home that:
		(1)  the owner of the home has elected to treat the home 
as real property or to reserve its use for a business purpose or 
salvage; and
		(2)  except as provided by Section 1201.2055(h), the 
department no longer considers the home to be a manufactured home 
for purposes of regulation under this chapter [whether the home has 
been sold, exchanged, or lease-purchased to a purchaser for the 
purchaser's business use.  For a home sold, exchanged, or 
lease-purchased as described by this subsection, the department 
shall issue a new statement of ownership and location that 
indicates that the home is reserved for business use].
	(b)  On application and subject to Sections 1201.2076 and 
1201.209, the department shall [may] issue for the structure 
described in the application a new statement of ownership and 
location restoring the structure's designation as a manufactured
[for the] home only after an inspection and determination that the 
structure [home] is habitable as provided by Section 1201.453.  
[The statement must indicate that the home is no longer reserved for 
business use.]
	SECTION 17.  Subchapter E, Chapter 1201, Occupations Code, 
is amended by adding Section 1201.217 to read as follows:
	Sec. 1201.217.  MANUFACTURED HOME ABANDONED.  (a)  The owner 
of real property on which a manufactured home owned by another is 
located may declare the home abandoned as provided by this section 
if the home has been continuously unoccupied for at least four 
months and any indebtedness secured by the manufactured home is 
also delinquent.
	(b)  Before declaring a manufactured home abandoned, the 
owner of real property on which the home is located must send a 
notice of intent to declare the home abandoned to the owner of the 
home and all lienholders at the addresses listed on the home's 
statement of ownership and location on file with the department.  
Mailing of the notice by certified mail, return receipt requested, 
postage prepaid, to the persons required to be notified by this 
subsection constitutes conclusive proof of compliance with this 
subsection.
	(c)  On receipt of a notice of intent to declare a 
manufactured home abandoned, the owner of the home or a lienholder 
may enter the real property on which the home is located to remove 
the home.
	(d)  If the manufactured home remains on the real property 
for at least 45 days after the date the notice is postmarked:
		(1)  all liens on the home are extinguished; and                       
		(2)  the real property owner may declare the home 
abandoned and may apply to the department for a statement of 
ownership and location listing the real property owner as the owner 
of the manufactured home.
	(e)  A new statement of ownership and location issued by the 
department under this section transfers, free of any liens, if 
there is evidence of United States Postal Service return receipt 
from all lienholders, title to the manufactured home to the real 
property owner.
	SECTION 18.  Section 1201.219(b), Occupations Code, is 
amended to read as follows:
	(b)  Except as provided by Subsection (a), a lien on a 
manufactured home is perfected only by filing with the department 
the notice of lien on a form provided by the department. The 
recordation of a lien with the department is notice to all persons 
that the lien exists.  Except as expressly provided by Chapter 32, 
Tax Code, a lien recorded with the department has priority, 
according to the chronological order of recordation, over another 
lien or claim against the manufactured home.
	SECTION 19.  Section 1201.221(a), Occupations Code, is 
amended to read as follows:
	(a)  On written request, the department shall provide 
information held by the department on:
		(1)  the current ownership and location of a 
manufactured home; and  
		(2)  the existence of all [any] tax liens [lien] on that 
home for which notice has been filed with the department.
	SECTION 20.  Sections 1201.352(c) and (d), Occupations Code, 
are amended to read as follows:
	(c)  Before the signing of a binding retail installment sales 
contract or other binding purchase agreement, the retailer must 
give the consumer a copy [or a general description] of:
		(1)  the manufacturer's warranty; [and                       
		[(2)  the retailer's warranty.                               
	[(d)  At the time of the initial installation at the 
consumer's homesite, the retailer shall deliver to the consumer:
		[(1)  the manufacturer's warranty;]                          
		(2)  the retailer's warranty;                                                 
		(3)  the warranties given by the manufacturers of 
appliances or equipment included with the home;  and
		(4)  the name and address of the manufacturer or 
retailer to whom the consumer is to give notice of a warranty 
service request.
	SECTION 21.  Section 1201.357, Occupations Code, is amended 
by adding Subsection (c) to read as follows:
	(c)  If the manufacturer or retailer is unable to provide 
warranty service in accordance with the department order under 
Section 1201.356 as a result of an action of the consumer, the 
manufacturer or retailer must make that allegation in the written 
statement required by Subsection (a).  The department shall 
investigate the allegation, and if the department determines that 
the allegation is credible, the department shall issue a new order 
specifying the date and time of the proposed corrective action.  The 
department shall send the order to the consumer and the 
manufacturer or retailer, as applicable, by certified mail, return 
receipt requested.  If the consumer refuses to comply with the 
department's new order, the manufacturer or retailer, as 
applicable:
		(1)  is discharged from the obligations imposed by the 
relevant department orders;
		(2)  has no liability to the consumer; and                             
		(3)  is not subject to an action by the department for 
failure to provide warranty service.
	SECTION 22.  Section 1201.361, Occupations Code, is amended 
to read as follows:
	Sec. 1201.361.  INSTALLER'S WARRANTY.  (a) For all secondary 
installations not covered by the retailer's warranty described by 
Section 1201.352 and for the installation of all used manufactured 
homes, the installer shall give the manufactured home owner a 
written warranty that the installation of the home was performed in 
accordance with all department standards, rules, orders, and 
requirements.
	(b)  The warranty must conspicuously disclose the 
requirement that the consumer notify the installer of any claim in 
writing in accordance with the terms of the warranty.  Unless the 
warranty provides for a longer period, the installer has no 
obligation or liability for any defect described in a written 
notice received from the consumer more than two years after the date 
of the installation.
	SECTION 23.  Section 1201.405, Occupations Code, is amended 
by adding Subsection (e) to read as follows:
	(e)  In determining the amount of actual damages under this 
section, the director shall make an independent inquiry as to the 
damages actually incurred, unless the damages have been established 
by a contested jury trial.
	SECTION 24.  Section 1201.451(a), Occupations Code, is 
amended to read as follows:
	(a)  Except as otherwise provided by this subchapter, a 
person may not sell, exchange, or lease-purchase a used 
manufactured home without the appropriate transfer of good and 
marketable title to the home [unless the sale, exchange, or 
lease-purchase is to:
		[(1)  a purchaser for the purchaser's business use;  or      
		[(2)  a rebuilder for the purpose of rebuilding a 
salvaged manufactured home].
	SECTION 25.  Section 1201.452(b), Occupations Code, is 
amended to read as follows:
	(b)  If the home does not have the appropriate seal or label, 
the person must:
		(1)  apply to the department for a seal; [and]               
		(2)  pay the fee; and                                                  
		(3)  submit to the department a copy of any written 
disclosure required under Section 1201.455(a).
	SECTION 26.  Section 1201.455, Occupations Code, is amended 
to read as follows:
	Sec. 1201.455.  WRITTEN DISCLOSURE AND WARRANTY OF 
HABITABILITY REQUIRED.  (a)  Except as otherwise provided by this 
subchapter, a person may not sell, exchange, or lease-purchase a 
used manufactured home to a consumer for use as a dwelling without 
providing:
		(1)  a written disclosure, on a form not to exceed two 
pages prescribed by the department, describing the condition of the 
home and of any appliances that are included in the home; and
		(2)  a written warranty that the home is and will remain 
habitable until the 60th day after the later of the installation 
date or the date of the purchase agreement.
	(b)  Unless, not later than the 65th [60th] day after the 
later of the installation date or the date of the sale, exchange, or 
lease-purchase agreement, the consumer notifies the seller in 
writing of a defect that makes the home not habitable, any 
obligation or liability of the seller under this subchapter is 
terminated.  The warranty must conspicuously disclose that notice 
requirement to the consumer.
	SECTION 27.  The heading to Section 1201.457, Occupations 
Code, is amended to read as follows:
	Sec. 1201.457.  HABITABILITY: CHANGE TO OR FROM BUSINESS USE 
OR SALVAGE.
	SECTION 28.  Section 1201.457(b), Occupations Code, is 
amended to read as follows:
	(b)  The purchaser of a used manufactured home for business 
use or the purchaser of a salvaged manufactured home may not sell, 
exchange, or lease-purchase the home for use as a dwelling or 
knowingly allow any person to occupy or use the home as a dwelling
unless the director issues a new statement of ownership and 
location indicating that the home is no longer reserved for 
business use or salvage. On the purchaser's application to the 
department for issuance of a new statement of ownership and 
location, the department shall inspect the home and, if the 
department determines that the home is habitable, issue the 
statement of ownership and location.
	SECTION 29.  Subchapter Z, Chapter 2306, Government Code, is 
amended by adding Section 2306.591 to read as follows:
	Sec. 2306.591.  MANUFACTURED HOMES INSTALLED IN COLONIAS.  
(a)  For a manufactured home to be approved for installation and use 
as a dwelling in a colonia:
		(1)  the home must be a HUD-code manufactured home, as 
defined by Section 1201.003, Occupations Code;
		(2)  the home must be habitable, as described by 
Section 1201.453, Occupations Code; and
		(3)  ownership of the home must be properly recorded 
with the manufactured housing division of the department.
	(b)  An owner of a manufactured home is not eligible to 
participate in a grant loan program offered by the department, 
including the single-family mortgage revenue bond program under 
Section 2306.142, unless the owner complies with Subsection (a).
	SECTION 30.  Section 1.04, Tax Code, is amended by adding 
Subdivision (3-a) to read as follows:
		(3-a)  Notwithstanding anything contained herein to 
the contrary, a manufactured home is an improvement to real 
property only if the owner of the home has elected to treat the 
manufactured home as real property pursuant to Section 1201.2055, 
Occupations Code, and a certified copy of the statement of 
ownership and location has been filed with the real property 
records of the county in which the home is located as provided in 
Section 1201.2055(d), Occupations Code.
	SECTION 31.  Section 32.014, Tax Code, is amended to read as 
follows:        
	Sec. 32.014.  TAX LIEN ON MANUFACTURED HOME.  (a)  If the 
owner of a manufactured home has elected to treat the home as real 
property [is listed together with the land on which the 
manufactured home is located] under Section 25.08, the tax lien 
shall be attached [attaches] to the land on which the manufactured 
home is located.
	(b)  If the owner of a manufactured home does not elect to 
treat the home as real property with [is listed separately from] the 
land on which the manufactured home is located, the tax lien on the 
manufactured home does not attach to the land on which the home is 
located.
	(c)  In this section, "manufactured home" has the meaning 
assigned by Section 1201.003, Occupations Code.
	(d)  [If a manufactured home is listed together with the land 
on which the manufactured home is located, a taxing unit with 
jurisdiction to impose taxes on the land may place a lien on the 
manufactured home to secure payment of those taxes to the same 
extent that it can place a lien on the land.  If a home is moved from 
its location and a new statement of ownership and location is not 
issued under Section 1201.207, Occupations Code, a taxing unit with 
jurisdiction to impose taxes on the land on which the manufactured 
home was located retains the right to record and enforce liens on 
that home to secure the payment of taxes, regardless of where the 
home is currently located.
	[(e)]  This section prevails over Chapter 1201, Occupations 
Code, to the extent of any conflict.
	SECTION 32.  Section 32.015(a), Tax Code, is amended to read 
as follows:     
	(a)  On payment of the taxes, penalties, and interest for a 
year for which a valid tax lien [filed before September 1, 2001,] 
has been recorded on the title records of the department, the 
collector for the taxing unit shall issue a tax certificate showing 
no taxes due or a tax paid receipt for such year to the person making 
payment.  When the tax certificate showing no taxes due or tax paid 
receipt is filed with the department, the tax lien is extinguished 
and canceled and shall be removed from the title records of the 
manufactured home.  The collector for a taxing unit may not refuse 
to issue a tax paid receipt to the person who offers to pay the 
taxes, penalties, and interest for a particular year or years, even 
though taxes may also be due for another year or other years.
	SECTION 33.  Section 32.03, Tax Code, is amended by amending 
Subsections (a) and (b) and adding Subsections (a-1) and (a-2) to 
read as follows:
	(a)  Except as provided by Subsection (a-1), a [A] tax lien 
may not be enforced against personal property transferred to a 
buyer in ordinary course of business as defined by Section 1.201(9) 
of the Business & Commerce Code for value who does not have actual 
notice of the existence of the lien [or, if the personal property is 
a manufactured home, who does not have constructive notice of the 
existence of the lien].
	(a-1)  A tax lien against a manufactured home may not be 
enforced unless it has been recorded with the Texas Department of 
Housing and Community Affairs as provided by Section 1201.219, 
Occupations Code:
		(1)  before October 1, 2005; or                                        
		(2)  not later than six months after the end of the year 
for which the tax was owed.
	(a-2)  A person may not transfer title of a manufactured home 
until all tax liens perfected on the home have been extinguished or 
satisfied and released.  This subsection does not apply to the sale 
of a manufactured home in inventory.
	(b)  A bona fide purchaser for value or the holder of a lien 
recorded on the manufactured home statement of ownership and 
location [document of title] is not required to pay any taxes that 
have not been recorded with the Texas Department of Housing and 
Community Affairs [imposed in a tax year that begins before January 
1, 2001, or penalties or interest on those taxes except for each 
year for which a valid tax lien was duly filed and recorded under 
Section 32.015, as that section existed on the date the lien was 
filed, and each year for which the owner of the manufactured home 
had constructive notice of the taxes under Section 32.015(e), as 
that section existed before September 1, 2001.  The effect and 
priority of a tax lien that attaches to secure the payment of taxes 
imposed on a manufactured home in a tax year that begins on or after 
January 1, 2001, are those established by Sections 32.01 and 
32.05].  In this section, "manufactured home" has the meaning 
assigned by Section 32.015(b).
	SECTION 34.  The following laws are repealed:                                  
		(1)  Sections 1201.164(b), 1201.165, 1201.206(a), 
1201.215, 1201.216(c) and (d), 1201.219(d), and 1201.222(b), 
Occupations Code;
		(2)  Sections 32.03(c)-(j), Tax Code; and                                     
		(3)  Section 623.093(d), Transportation Code.                                 
	SECTION 35.  Not later than November 1, 2005, the Texas 
Department of Housing and Community Affairs shall prepare and make 
available to the public the disclosure form required by Section 
1201.455(a), Occupations Code, as amended by this Act.
	SECTION 36.  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2005.
______________________________              ______________________________
 
 President of the Senate                                 Speaker of the House      
	I certify that H.B. No. 2438 was passed by the House on April 
28, 2005, by the following vote:  Yeas 134, Nays 0, 2 present, not 
voting; that the House refused to concur in Senate amendments to 
H.B. No. 2438 on May 23, 2005, and requested the appointment of a 
conference committee to consider the differences between the two 
houses; and that the House adopted the conference committee report 
on H.B. No. 2438 on May 28, 2005, by the following vote:  Yeas 133, 
Nays 11, 2 present, not voting.
                                                  ______________________________
                                                     Chief Clerk of the House   
	I certify that H.B. No. 2438 was passed by the Senate, with 
amendments, on May 20, 2005, by the following vote:  Yeas 29, Nays 
2; at the request of the House, the Senate appointed a conference 
committee to consider the differences between the two houses; and 
that the Senate adopted the conference committee report on H.B. No. 
2438 on May 28, 2005, by the following vote:  Yeas 31, Nays 0.
                                                  ______________________________
                                                      Secretary of the Senate   
APPROVED: __________________                                                
 
                Date                                                         
 
         __________________                                              
 
              Governor