HBA-DMD H.B. 1086 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1086
By: Solomons
Business & Industry
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 1086 establishes that when a manufactured home is converted to real
property, the lien on the property is converted to a purchase money lien on
real property.  This effectively expands the meaning of Article 16, Section
50, of the Texas Constitution.  Courts have held that the legislature may
define terms not defined in the Constitution, provided that the definition
reasonably interprets the meaning of the Constitution and the intent of its
framers.  The bill also provides that when a person is refinancing the
lien, that person is substituted to the lien position of the previous
lienholder. Additionally, the bill authorizes a lien on real property to be
refinanced with another lien on the real property to which the manufactured
home is attached.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle B, Title 5, Property Code, by adding Chapter
62, as follows: 

CHAPTER 62.  MANUFACTURED HOME LIEN

Sec. 62.001.  MANUFACTURED HOME.  Defines "manufactured home" with the
meaning assigned by Article 5221f, V.T.C.S., (Texas Manufactured Housing
Standards Act). 

Sec. 62.002.  APPLICABILITY.  Sets forth that this chapter applies only to
a lien on a manufactured home provided that the loan documents state that
the lien is a vendor's lien or is in the nature of a vendor's lien, is a
purchase money lien or is in the nature of a purchase money lien, or is a
retail installment lien. 

Sec. 62.003.  CONVERSION OF LIEN FROM PERSONAL PROPERTY LIEN TO REAL
PROPERTY LIEN.  Provides that when the manufactured home converts to real
property as provided by Section 2.001(b) (Manufactured Housing), the lien
on the property is then converted to a purchase money lien on real property
by law and exists independently of any other existing lien on the real
property to which the home is permanently attached. 

Sec. 62.004.  REFINANCING OF LIEN.  (a) Sets forth that when a person
provides funds to refinance a lien that is secured by a manufactured home,
that person is substituted to the lien position of the previous lienholder. 

(b) Provides that if the holder of a lien, that is secured by a
manufactured home, transfers loan documents to a lender who is refinancing
the lien, that lender and a title insurance company, title insurance agent
or direct operation, or attorney to whom the loan documents are delivered
holds the loan documents in trust for that lienholder.  Defines "direct
operation" with the meaning assigned by Article 9.02 (Definitions),
Insurance Code. 

(c) Authorizes a lien that is converted to a purchase money lien on real
property under  Section 62.003 to be refinanced with another lien on the
real property to which the manufactured home is permanently attached. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.