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") adopts amendments 10 Texas Administrative Code, Chapter 80, §80.41 and adopts repeal of §80.92 relating to the regulation of the manufactured housing program. The rules are revised to comply with House Bill 2706 (88th Legislature, 2023 regular session) that amends the Manufactured Housing Standards Act and for clarification purposes. The amendments to §80.41 and repeal of §80.92 are adopted without changes to the proposed text as published in the October 6, 2023, issue of the Texas Register (48 TexReg 5795). The rule and repeal will not be republished.
The adoption of the rules are effective thirty (30) days following the date of publication in the Texas Register.
The rules as proposed on October 6, 2023, are adopted as final rules.
No comments were received and there were no request for a public hearing to take comments on the rules.
The following is a restatement of the rules' factual basis:
10 Texas Administrative Code §80.41(c)(2)(A) - (C) is adopted without changes to assist in enforcement of §1201.551(a)(7) when an individual attempts to cheat or assist an individual with cheating on any of the Manufactured Housing Division Licensing exams.
10 Texas Administrative Code §80.41(g)(1) and (2) is adopted without changes to update the requirements for an exemption for a retailers license and the circumstances under which an exemption is granted.
10 Texas Administrative Code §80.92 is adopted as repealed because the inventory finance liens are no longer required to be submitted to the Department.
SUBCHAPTER D. LICENSING
The amendments are adopted under §1201.052 of the Texas Occupations Code, which provides the Director with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and §1201.053 of the Texas Occupations Code, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.
No other statutes, codes, or articles are affected by adoption of the amended rules.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 19, 2024.
TRD-202400205
Jim R. Hicks
Executive Director
Texas Department of Housing and Community Affairs
Effective date: March 3, 2024
Proposal publication date: October 6, 2023
For further information, please call: (512) 475-2206
The repeal is adopted under §1201.052 of the Texas Occupations Code, which provides the Director with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and §1201.053 of the Texas Occupations Code, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.
No other statutes, codes, or articles are affected by adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January 19, 2024.
TRD-202400206
Jim R. Hicks
Executive Director
Texas Department of Housing and Community Affairs
Effective date: March 3, 2024
Proposal publication date: October 6, 2023
For further information, please call: (512) 475-2206