There was a steady decline in search volume from the March 2021 peak, but this same decline occurred with the broader “homes for sale” search query and doesn’t appear to be singularly occurring to manufactured housing interest. It appears that Texans are searching for homes in general less than they were in the lower mortgage interest rate environment but given that manufactured housing can save purchasers more than half on price per square foot, perhaps they should add “manufactured” to the front of that search query.

Google searches for “mobile homes for sale” in the state of Texas tend to peak in January, slow down through the spring, and then hit a second peak in July before declining through the end of the year.

This interactive chart is built from Google Trends data for the search term “mobile homes for sale”

On the year the MHBI moved into negative territory now down -16.1% while the ITB is down -12.9% and the S&P 500 turned positive at 0.9% over last years close.

The average single-section price for December moved up +0.5% from the previous month and came in on the bottom half of the forecasted range to land at $84,300. The average sales price was up +6.6% from December of 2023 nominally and up +3.6% after adjusting for inflation.* The real average price of a single-section home was above the 2023 level, but it remained below the 2022 and 2021 real December average price.

Using a regression model based on the most recent producer price index for manufactured housing data, the forecasted average multi-section sales price is currently estimated at $155,100 (+/- $8,600) for multi-sections and $85,000 (+/- $6,300) for single-section homes*.

This interactive chart is built off of the US Census Buereau’s Manufactured Housing Survey (MHS) Tables

Texas Average Annual Manufactured Home Sales Price

The Census Bureau should release the annual average sales price for the state of Texas next month, but taking the mean of all the monthly averages is a decent estimate and puts the average annual price for multi-section homes around $150,500 and for single-sections around $83,800 in 2024.

The average sales price for a new single-section manufactured home in 2023 was $85,800, down -2.9% nominally from the prior year and down -6.1% after adjusting for inflation*. The average multi-section price was $149,100, down -7.4% nominally from 2022 and down an inflation-adjusted -10.4%*.

The average real price of multi-section manufactured homes in Texas for 2023 was lower than the previous two years.

This interactive chart is built off of the US Census Bureau’s Manufactured Housing Survey (MHS) Tables

* Inflation adjustments are made using the U.S. Bureau of Labor Statistics Consumer Price Index for All Urban Consumers.

The meeting lasted over two hours as TMHA members and residents all testified voicing their opposition to the removal of manufactured housing as a permitted use and advocating that it provides the most affordable pathway to homeownership that there is.

After hearing hours of testimony the Planning and Zoning Commission voted 6-1 to recommend that Odessa City Council not adopt the zoning change and then went further with a 6-1 vote to recommend that council table the issue altogether.

This week Odessa Council Member Mitchell who had originally proposed the ordinance change held a press conference to announce that he would lead a motion to table the issue at the May 13th council meeting.

TMHA would like to thank Council Member Mitchell for announcing his intention to table the change and preserve Odessans right to purchase and place manufactured homes on their property.

TMHA would also like to thank all of our members that came out and testified at the planning and zoning hearing and all those that reached out to their customers to let them know about their potential loss of property rights. The planning and zoning hearing can be watched on youtube and in it you will see excellent testimony from the following TMHA members in this order:

• Phillip Harris, Titan Factory Homes
• Dimas Avalos, Fiesta Homes
• Maritza Gomez, Clayton Homes
• Moises Contreras, Palm Harbor Homes
• Bo Shomansuroff, Mobile Home Concepts
• Ed Lasater, A-1 Homes
• Greg Burnett, Burnett Homes LTD
• MEF Properties
• Shawn Fuller, MOS LLC
• Miguel Sanchez, A-1 Homes

Residents also shared great stories about wanting to place manufactured homes for their grandchildren, a young man who grew up in a manufactured home and then later starting a small business out of it, and a property owner providing affordable housing for a pre-K teacher and a senior living facility attendant working the night shift, and many more great stories.

Our Ongoing Commitment to Education and Representation

As TMHA continues to advocate with state legislators for policies that preserve by-right placement of manufactured homes, we are also focused on ensuring that every city—like Odessa—recognizes the value and necessity of manufactured housing in solving the state's housing affordability crisis.

Our goal is for every council member—and any official unfamiliar with the modern manufactured housing industry—to become informed about the high standards, adaptability, and affordability our homes provide. We stand ready to educate, support, and collaborate with policymakers so they can make fully informed decisions that reflect the needs of their communities.

This successful effort in Odessa is a clear reminder that when our members, customers, and community stand united, we can and will make a difference. By working together with purpose, professionalism, and a firm yet respectful voice, we protect not only property rights—but the future of affordable homeownership across Texas.

Maritza Gomez and Moises Contreras contributed to this article.

S.B. 1341 allows for the electronic storage of records and eliminates the “brick and mortar” in-state physical location requirement for retailer record storage. Additionally, the bill eliminates the initial delay in providing consumer notices.  The notices are still required, but the simplification eliminates the 24-hour waiting period.

TMHA is grateful to our House author, Rep. McQueeney, and Senate author, Sen. Hancock, for their support and work this session. 

A major victory for this tough session for sure, and in record time, especially compared to the other 8,700+ bills. But TMHA is not done by a long shot. 

We are still working hard for our zoning bills, H.B. 1835 and S.B. 785. These bills are controversial and are meeting resistance, as anticipated. We still have a steep hill to climb on these bills, but the bill is in the House Calendars committee. This is the waystation in the process after a bill is passed out of its respective jurisdictional committee, before it goes to the full House floor. 

However, there are thousands of bills in Calendars all competing for the extremely limited time and space on the full House Calendar. For many bills, the Calendars Committee will ultimately be the end of the line.

If we are able to get SB 785 to the House floor, TMHA will be asking all our members to a “Call to Action.” We will ask you to contact your respective House members in support of this critical bill that would help create more opportunities in Texas cites for us to bring much needed housing supply. The bill would also afford our industry the chance to showcase our modern, new homes as we continue to innovate, change perceptions, and gain growing market acceptance for our homes.

But as always, it isn’t all offense. 

In fact, the heavy tilt and focus with 30 days left is on our diligent defense. There are still bills we are working to either change into acceptable forms or voice our opposition. 

Finally, as in every session during the waning days, the biggest concern from our defensive perspective is on last-second amendments. A trap for the unwary to ever assume any bill or disastrous language is dead just because it didn’t pass out of committee on its own merit. The last 30-days of the session are when bill authors can attempt to amend moving bills and revive their bills on life support.

Stay tuned, and if our zoning bill does get set to the floor there will be a full court press for all members to contact their representatives as we give it everything we got right up to the final day.

Wholesale prices nationally are up +1.5% above April of 2024. The input goods to residential construction moved down -0.2% in April ending the three month streak of month-over-month increases. Materials costs despite the April decrease are still very near their June 2022 peak.

Wholesale prices for manufactured homes are still 4% below their July 2022 peak.

This interactive chart is built from the U.S. Bureau of Labor Statistics Producer Price Index by Industry: Manufactured home, mobile home, manufacturing, not seasonally adjusted (PCU321991321991)

This would restrict anyone who is not simply replacing an existing manufactured home under their 1201 replacement rights from purchasing a home from our retail stores to go in any of these locations.  Effectively pushing all future manufactured home placements beyond the city limits and utility infrastructure, thereby constraining home buying options and increasing the land and private utility costs (wells, septic, etc.) for all future non-city manufactured home purchasers in the surrounding Odessa areas.

The item will first be heard by the Planning and Zoning Commission on Thursday, May 1, 2025, at 1:30 pm.

It will then be considered by the City Council on Tuesday, May 27th, at 6pm for the first reading and Tuesday, June 10, at 6 pm for the second reading.

As a first step, it is critical that you communicate to every employee and every customer that you can that receives the hearing notice to fill out the form protesting the zoning request. If 20% of the affected property owners protest, then the zoning change can only be enacted with a super majority of the council.

Next, we would encourage all of our retailers in this region to reach out to as many customers that you have sold to in the affected areas to also consider providing public or written testimony to both the P&Z Commission and to the Council Members.

The most successful testimony in these sorts of zoning fights is for manufactured homeowners and property owners that are considering MH to show up and share their stories about attaining home ownership and the prospect of themselves, their friends, and their families being locked out of achieving their homeownership goals.

It would also be a good idea for all of TMHA impacted members to consider giving public or written testimony as well. Share your experiences of helping families purchase homes they never thought they would be able to achieve, and also about how working in the industry has helped you provide for your families.

The more council member constituents that we can get to express their opposition to this directly to their council member the better our chances will be.

Typically, the P&Z will have their public hearing and then decide whether to endorse the change or to not endorse the change to the council, but that endorsement does not necessarily push the council in either direction, so it is important to plan on having a presence at each of the three meetings.

You can find the district maps and contact information for the council at: https://www.odessa-tx.gov/670/City-Council

The contact for the Planning Division that prepares the case for P&Z can be found at: https://www.odessa-tx.gov/Directory.aspx?did=90

The listed Case File No. in the hearing and public notice is titled – “Mobile/Manufactured Homes Ordinance Amendment.”

And the property owners “Important Notice” about this proposal at: Development - Planning

HB 3527 by Rep. McQueeny & SB 1341 by Sen. Handcock - relating to the regulation of manufactured homes.

• Minor technical clean up provisions in Chapter 1201, Occupations Code;
• Allows the digital storage of retailers’ records;
• Eliminates the unnecessary sales contract delay that was in place for retail instalment contracts, but post Dodd-Frank should be obsolete; and
• Reforms the Consumer Notice timeline to be consistent with all sales transactions

SB 785 by Sen. Flores & HB 1835 by Rep. Guillen - relating to the regulation of new HUD-code manufactured housing.

• Preempts all Texas cities to allow new manufactured homes in at least one residentially zoned district; and
• Prohibits cities from banning or effectively banning manufactured homes in the city

SB 785 was heard in the Senate Local Government Committee on March 17.  A special TMHA thank you to TMHA member Casey Homer and attorney Art Martinez who joined me in testifying in favor of the bill. 

The bill was voted out of committee on March 20^th and now heads to the full body.

 HB 4601 by Rep. Cortez & SB 2545 by Sen. Hancock - relating to the establishment of a down payment assistance grant program for veterans purchasing manufactured homes and the dedication of certain sales and use tax revenue to finance that program.

• Directs a percentage of the annual MH sales tax revenue to the General Land Office to establish and administer a Texas’ veterans down payment benefit program for new, real property, manufactured home purchases.

Additionally, there are many terrific bills that your TMHA Lobby Team is also working to support, join coalition partners to advance, and help in any way to get these bills across the finish line.  There are 109 bills on our support list. 

Just a few of the big ones:

HB 32 by Rep. Button and SB 38 by Sen. Bettencourt - Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises.

• This is the complete reform of Texas’ eviction laws, processes, and timelines as well as protections for property owners against illegal squatters

HB 3892 by Rep. Cecil Bell - relating to county regulation of subdivision setbacks.

SB 15 by Sen. Bettencourt and HB 3919 by Rep. Gates - Relating to size and density requirements for residential lots in certain municipalities.

HB 4582 by Rep. Keith Bell - Relating to reimbursement of infrastructure costs incurred by a developer of certain housing developments (which in the bill are defined as specifically MH) by certain municipalities and counties.

SB 673 by Sen. Hughes - Relating to regulation of accessory dwelling units by political subdivisions.

Added to our defense list are two bills filed right before the deadline. These two bills are extremely concerning for our industry (i.e. the Very Bad):

SB 2726 - Relating to the sale of a manufactured home community.

• Texas’ first tenants’ “right of first refusal” bill on MHC sales;
• Before an MHC owner could sell to a buyer, the tenants would be given a 121-day window to organize, vote, and obtain financing to match the private purchase offer.
• If the tenants can match the offer, the MHC owner must sell the MHC to the tenants or state the reasons for the rejection;
• The bill requires the landlord to “negotiate in good faith” (which is not defined);
• The tenants also have the right to assign their right of first refusal and ability to purchase the MHC to any of the following:
  • a municipality;
  • a county;
  • a state governmental entity;
  • a housing authority;
  • a nonprofit organization; or
  • a tribal governmental entity.
• Once a tenant’s organization, or assignee, makes an offer within 121 days, they then have an additional 90 days to arrange financing (for a maximum possible hold of 211 days before the MHC can sell to the original private buyer)
• But the above timeline can be extended even more if there are any of the following:
  • For additional “reasonable delay” in obtaining financing;
  • During the period (not defined or limited in the bill) when a “potential” assignee considers the assignment from the tenants; or
  • The tenants file a complaint with TDHCA that the landlord acted in bad faith (which is also not defined).

SB 2765 - Relating to the treatment of a manufactured home as real property.

• Would allow any owner of a MH who resides in the home as their primary residence the ability to elect to treat the home as real property
• Under the bill, an owner who does not also own the real property where the home is installed, could declare the home real property
• This would have a significant adverse impact to titling and lending if/when homes that are currently titled with finance contracts for personal property ownership are unilaterally changed by the homeowner to real property.
• Additionally, the lender(s’) concern or threat that at any moment in the future a homeowner could declare their personal property home as “real property,” thus jeopardizing the enforceability of their personal property loan, could result in a dramatic reduction or completely eliminate personal property MH lending in Texas.
  • For those who barely survived 2001’s HB 1869, this bill is what we call an industry killer.

Make no mistake, if these late filed bills begin to move at all, TMHA will bring to bear all Association resources in opposition.

To add to these lists and scope of work, we need to complete our defensive list now that the filing deadline has come and gone by adding the following (i.e. the Bad)

HB 4494 - Relating to county regulation of residential development.

• Would expand county land use authority to allow counties to regulate all “residential development,” in the same manner they currently regulate subdivisions and specifical includes, “rental units, apartments, recreational vehicle parks, and trailer parks.”
• The bill would also repeal (that means delete) the long-standing MHC minimum infrastructure laws for county development, which currently provide specific MHC development standards but also explicitly define MHCs as not being subdivisions under county land use law.

SB 2593 - relating to the authority of a county that borders the United Mexican States to regulate residential land use; creating a criminal offense.

• Would give zoning authority to all counties on the Texas/Mexico border
• Zoning authority would include all boarder county regulations of:
  • Size or height of building
  • Percentage of lot that may be occupied or developed;
  • Number of dwelling units per acres
  • Size of a setback or open space
  • Location, design, construction, extension, size, and installation of utilities, roads, and other essential services; and
  • Type of land use permitted.
• A violation of the proposed boarder county zoning would trigger criminal penalties between $500 - $1000/per day.

We have reached out to compile input and industry best practices from our MH community developers.  Their input has been invaluable and greatly appreciated to help craft our responses and any potential future negotiations with bill authors.

TMHA and your Lobby Team thank you for your attention and support. 

• Bill grants all Texas counties with a population of less than one million, that have more than two houses per acre, essentially complete land use and zoning equivalency controls over housing.
• The counties would also regulate platting, and counties would not be allowed to approve any lot sizes in those counties that are less than 10,000 sqft or have width of less than 100 sqft.
• This would apply, based on the one million or less size requirement, to every Texas county except the larger ones of Harris, Dallas, Tarrant, Bexar, Travis, Collin and Denton.

HB 2265 by Isaac

• This bill gives essentially total land use control and authority to Comal County
• TMHA generally opposes expansion of land use control, in particular zoning authority, to counties out of fear counties will then do what cities have done which is ban, restrict, practically prohibit, or impose expensive requirements that erode affordability for manufactured homes

HB 2346 and HB 2347 by Zwiener

• This is a massive county land use authority bill under the premise of managing water resources
• Counties could use this reason/power as a means to stop any or all or select (for example, just prohibit manufactured homes) new development.

HB 3578 by McLaughlin

• This would give complete zoning and land use control to all Texas counties that share a board with Mexico (15 counties)
• These counties can adopt zoning that regulate: the size or height of a building; the percentage of a lot that may be occupied or developed; the number of dwelling units per acre; the size of a setback or open space; and the location, design, construction, extension, size, and installation of utilities, roads, and other essential services.
• These counties could also divide the county into districts and have different zoning standards within the districts.

HB 3561 by Barry

• This would apply to all counites with a population of 400,000 or less (which means all counties expect the top 13 most populous)
• The bill specifically says that it also includes and applies to manufactured home communities, as well as other site-built residential dwelling units.
• Allows the county to require fire hydrants that are “sufficient to protect the dwellings…from fire”
• Allows the county to also require two means of both ingress and egress for emergency vehicles and use during evaluation results from fire or other natural disasters
• And can restrict all residential dwelling development that is not within 10-miles of an emergency service district.

HB 2480 by Talarico

• This is anti-ADU bill – Accessory Dwelling Units
• Expands city like authority to counties as well to allow both government types the ability to prohibit ADUs
• TMHA supports ADUs and their expansion in Texas both in cities and counties, therefore we oppose this.

HB 1322 by Hopper

• 30-day plans and plat approval “shot clock” extended to 90-days for small cities (populations less than 10,000)
• This slows development and adds costs (time) in the small rural cities that are already very difficult to profitably build/develop

SB 325 by Perry

• Bill reverses some of the changes from Sen. Bettencourt’s 2023 bills on county platting reform
• Bettencourt’s 2023 bill made clear if you develop in a county and the tracks are over 10 acres each and you build only a private road or street, not a street that is dedicated to the county to maintain, then the development did not need platting
• These bills would say if any road, including purely private roads, are to be built, platting is required

HB 2904 by Simmons

• This is rent control
• This is effectively a 5% max rent control and targeted directly at MH communities
• The 5% maximum is triggered when the house is “affordable housing” which is defined in the bill as the tenants earning less than 70% of AMFI, which for most MH communities will be a lot of the residents

HB 2737 by Kitzman

• Currently “bracketed” to only apply to Waller County
• Redundant to current law where counties can already set roads in MH communities
• Would allow the county to set lot sizes in MHCs
  • If these are reasonable, allow for density to preserve affordability, and not a pretextual means to allow counties to make lots sizes in a way that makes MH community construction unfeasible, then perhaps TMHA does not oppose, but in its current draft we oppose this broad grant of power

HB 328 by Vasut

• Currently “bracketed” to only apply to Brazoria County,
• Bill grants MHC infrastructure standards to allow 1) reasonable lot size, 2) road width, and ingress and egress.
• Current law already has "reasonable specifications for streets or roads in the manufactured rental home community to provide ingress and egress access for fire and emergency vehicles."
• Bill would add lot size authority.
• TMHA’s concern, based on our experience with cities, some could use the lot size power to require large lots and make it economically impossible to build and continue operating MHCs.

HB 2232 by Vasut

• Similar to Vasuts other MH communities bill
• Same requirements on new MH communities in Brazoria, but this bill adds to this and treats the same “built to rent” site built
• Current law is clear that counties can dictate roads and streets (along with water, wastewater, development plans, boundary and survey etc.) for MH communities, so those provisions in the bill are unnecessarily duplicative and confusing
• This would specifically add to county authority the ability to set lot sizes for MH communities and build to rent site built.

HB 3561 by Barry

• This would apply to all counites with a population of 400,000 or less (which means all counties expect the top 13 most populous)
• The bill specifically says that it also includes and applies to manufactured home communities, as well as other site-built residential dwelling units.
• Allows the county to require fire hydrants that are “sufficient to protect the dwellings…from fire”
• Allows the county to also require two means of both ingress and egress for emergency vehicles and use during evaluation results from fire or other natural disasters
• And can restrict all residential dwelling development that is not within 10-miles of an emergency service district.

HB 577 by Bucy

• Increases notice to vacate on evictions from 3 to 14 days

HB 798 by Walle & SB 882 by Cook

• Massive landlord/tenant law reform, includes nearly every pro-tenant provisions compiled from bills over the last 3 sessions
• Imposes right to cure, expanding notice to vacate, sealed prior eviction records from background screening, changes maximum late fee calculations, repair and tenant deduct changes, and removes the 6mth timeline for valid landlord retaliation claims

HB 410 by Rosenthal

• Restriction on pet deposits

HB 1063 by Bhojani

• Cities to provide legal services for certain tenants in evictions
• Post-COVID experience and other states that have similar laws dramatically slows down eviction courts/dockets and every eviction is contested to draw out as much time even if the tenant has no ability or intention of paying rent

HB 1099 by Cole

• New duty for landlord to provide and maintain HVAC with lease breaking as remedy

HB 1184 by Hinojosa

• Prohibits rental increases during rental application process

HB 1185 by Hinojosa

• Limits rent increased when leases are renewed only when the landlord can have and prove new capital improvements
• Lots of costs can increase for a property owner that are not capital improvements – insurance, taxes, utility costs, etc.

HB 1299 by Vo

• Changes status quo on deposits, fees and charges for a residential lease

HB 1369 by Jones, V; HB 2223 by Collier,

• All of these are more eviction record sealing bills
• Landlords want all possible available information to make a decision to rent or not rent
• A person’s prior eviction record is a factor, even if they were not evicted (for example if the record shows a consistent history of not paying rent until an eviction suit is filed over and over and over on a tenant, even if they do pay and non-suit the case that is information a future landlord will want to know)

HB 1711 by Collier

• Adds five day notice to cure (both nonpayment and rules violations)

HB 2184 by Meza

• Allows a tenant to terminate their lease if the utilities go out for 48 hours.

HB 2900 by Simmons

• Requires landlords to guarantee HVAC heating (up to 85 degrees) and cooling (down to 65 degrees)
• Cooling down on a 100+ degree day down to 65 degrees can be difficult, and bill provides liability if landlord fails on this proposed duty

HB 2903 by Simmons

• Modify current law on landlords’ duty to repair conditions with lots of “traps” in steps any of which are missed trigger liability

HB 2907 by Simmons

• Requires both authorization and reauthorization to use pictures or likeness of residence and authorization is limited to the term of the lease
• This bill adds civil penalties and could be problematic for promotion materials or websites if there are pictures of residents and then they leave or their lease expires.

As any member knows from reading many of our other posts whether it be about new tax laws (those were some barnburner posts, weren’t they) or mortgage regulations, we here at TMHA, on occasion, simply can’t help ourselves and must take a deep, uber-nerd level dive into new laws and regulations.  We are working on finding better hobbies, but until then we will stick with this one.

So, let’s get into it.  What exactly did HUD roll out or is going to roll out when many of the provisions become effecting in March of 2025? 

The goal here is to provide a comprehensive breakdown with quick links, and some limited commentary on the changes.  The rule itself also has some summaries and tables that are useful, but in its entirely the rule is 56 pages of three collum content.

For the full post on the new regulations (in a more readable version) you can visit the Federal Register post on September 16, 2024. 

The effective date for these changes was originally scheduled for March 17, 2025, but has been extended to September 15, 2025.

Part 3280 MH Construction and Safety Standards

1. Definitions:
   1. Revising the definition for “Certification label”;
   2. Adding, the definition for “Dwelling”;
      1. Dwelling “means any structure that contains one to a maximum of four dwelling units, designed to be permanently occupied for residential living purposes.”
      2. NOTE: This is a key definitional change that paves the way for multi-unit MH
   3. Revising the definition for “Dwelling unit”; and
      1. Dwelling unit “means a single unit that provides complete independent living facilities for one or more persons, where the occupancy is primarily permanent in nature, including permanent provisions for separate living, sleeping, cooking, eating, and sanitation.”
      2. NOTE: This is a key definitional change that paves the way for multi-unit MH
   4. Adding the definitions for “Multipurpose fire sprinkler system”, “Stand-alone fire sprinkler system”, and “Water resistive barrier”
2. Incorporation by reference – This includes 74 references to other standards to be included within the HUD-Code, which include references to standards like ANSI, IBR, AFPA, ASCE, etc.
3. Data Plate - Each dwelling unit of a manufactured home must bear a data plate affixed in a permanent manner near the main electrical panel or other readily accessible and visible location
4. More Definition Changes – Air, exhaust; Air outdoor; Exhaust system; Gross floor area; Habitable room; Laundry area; Mechanical ventilation; Nature ventilation; Supply system; and Ventilation
5. Light and ventilation – Each dwelling unit must have whole-house ventilation of at least 0.035 ft3/min/ft2 of interior floor space or its hourly average equivalent. Also standards for kitchens (exhausting 100 cfm to the outside of the home), bathrooms (exhausting 50 cfm to the outside of the home), optional ventilation provisions, and airflow ratings.
6. Exit; exterior doors – Each dwelling unit must have at least two exterior doors, the doors cannot be in the same room, and exterior doors must be at least a minimum 28 inch wide by 74-inch-high clear opening. All exterior sliding glass doors must provide a minimum 28 inch wide by 72-inch-high clear opening. At least one exterior egress door must provide a minimum of 32 inch wide by 74-inch-high clear opening and door seals and/or door stops are not permitted to reduce the opening.
7. Room requirements – Must have at least one living area with at least 150 sqft.
8. Hallways – Minimum horizontal dimensions of 28 – 30 inches (depending on MH specs), with additional laundry room requirements.
9. Galls and glazed opening - Glazing material must be capable of meeting the requirements of Consumer Product Safety Commission.
10. Sound transmission between multi-dwelling unit manufactured homes – Standards for walls, and floor/ceiling for multi-unit (duplex etc.) MH. Walls, partitions, floor/ceiling separation dwelling units must have sound transmission class (STC) of not less than 34 for air-borne noise when tested in accordance with ASTM E90. Floor/ceiling assemblies between stories separating dwelling units must have an impact insulation class (IIC) rating of not less than 34.
11. Flame spread limitation and fire protection - Exposed bottoms and sides of kitchen cabinets as required by § 204 except that non-horizontal surfaces above the horizontal plane formed by the bottom of the range hood are not considered exposed.
12. Kitchen cabinet protection – 5/16 gypsum board requirements for certain sides of exposed cabinets, and for range hood finish material.
13. Smoke alarms – Smoke alarms must meet UL 217 or UL 268, and must be labeled as such.
14. Carbon monoxide alarms – Carbon monoxide alares must meet UL 2034 and be labeled as such.
15. Fire sprinkler system requirements – Not required under the HUD-code, but when installed to meet consumer option or local requirements, 3280.214 provides the sprinkler (where required) standards. Including a Fire Sprinkler System Certificate affixed next to the data plate.
    1. NOTE: fire sprinklers for MH are not required in Texas and local governments are preempted from mandating residential fire sprinklers in Texas under Texas state law.
16. Multi-dwelling unit MH (i.e. duplex, tri-plex, four-plex) – Units must be separated by wall and floors that have at least 1 hour fire resistance rating, with additional requirements for gypsum board, wall, attic, framing, through penetrations, membrane penetration, etc.
17. Draftstopping requirements - For multi-dwelling unit manufactured homes, when there is usable space both above and below the concealed space of a floor/ceiling assembly in multi-dwelling unit manufactured homes, draftstops must be installed so that the area of the concealed space does not exceed 1,000 square feet. Draftstopping must divide the concealed space into approximately equal areas.  Additional provisions for assemblies enclosed by membranes.
18. General requirements (construction standards general) – Must conform to 3282.203 and 3282.361(c) and accepted engineering practices.
19. Materials – Aluminum, steel, wood, widows, fiberboard, fasteners, PVC, PP, etc. with references to acceptable national standards.
20. Structural design requirements – Welding specifications, roof designed for 20lbs per square foot of attic floor live load, attic design and accessibility, slope of joists and truss, and insulation depth.
21. Resistance to elements and use – Exterior wall Water Resistive Barrier requirements.
22. Vinyl and polypropylene siding used in MH – Vinyl siding must meet ASTM D3679 and polypropylene siding ASTM D7254; and installation requirements.
23. Windows, sliding glass doors, and skylights – Mandatory minimum compliance standards with national standards references, safety glazing, and certification required.
24. Egress windows and devices – Minimum egress widow requirements with national standard refences, minimum design loads, dimensions of 20” horizontal, 24” vertical, and clear opening at least 5’; with certification and evidence of certification.
25. Swinging exterior passage doors – Design and performance standards to national standard, references, allowable materials, and certifications.
26. Condensation and vapor retarders – Value Zone 2 and 3, ceilings must have a vapor retarder with a permeance of not greater than 1 perm as measured by ASTM E96/E96M, installed on the living space side of the roof cavity; any liquid applied vapor retarder must meet the same ASTM rating.
27. Heat loss certificate – Must be affixed to an interior surface of each dwelling unit that is readily visible to the occupant.
28. Comfort cooling certificate and information – Must affix a “Comfort Cooling Certificate” to an interior surface of each dwelling unit that is readily visible to the occupant; and the max AC capacity certified with ANSI/AHRI Standard 210/240 with Addenda 1 and 2.
29. Heat tape (if used) – Must include a statement in the installation instructions required by § 306(b), stating that if the heat tape or pipe heating cable is used, it must be listed or certified for its intended purpose.
30. Materials and appliances – Extensive list of materials standards with refences to national standards for pipe and fittings, rubber gaskets, plumbing components, plumbing fixtures, etc.
31. Plumbing fixtures – Shower compartment specifications, roll-in-shower specifications, and combination valves.
32. Hot water supply – Each dwelling unit must have a kitchen sink, and bathtub or shower provided with hot water supply.
33. Vents and venting – Max distance of fixtures from vent traps.
34. Air ducts and connectors – Revised definitions for Class 0 and Class 1.
35. Heating, cooling and fuel burning appliances/systems – Lists of multiple systems and appliances, such as furnaces, AC and heat pump appliances, clothes dryers, cook tops, smoke alarms, pip and fittings, air ducts and connectors, gas appliances, chimneys, fireplaces, etc. that are acceptable if they meet referenced national standards.
36. Gas piping – Minimum standards with refences for steel, wrought-iron, copper, and corrugated steel tubing, and connectors and joints standards used in gas piping.
37. Oil piping - Minimum standards with refences for steel, wrought-iron, copper, and corrugated steel tubing, and connectors and joints standards used in oil piping.
38. Heat producing appliances - All gas and oil-fired automatic storage water heaters shall have a recovery efficiency, E, and a standby loss, S, as described with the Table reference and conform to refence national standards.
39. Installation of appliances – Must install in accordance to the appliance manufactured requirements; solid fuel burning fireplaces and stoves standards, and water drip collection and drain pan must be install under each tank-type water heater or hot water storage tank that will drain to the exterior of the home.
40. Multiple appliance instructions or QR code - Operating instructions for each appliance must be provided with the homeowner's manual, and an additional copy of the operating instructions must be provided with each appliance unless the appliance is affixed with a permanent Quick Response (QR) Code.
41. Cooling Appliances – Minimum ratings and national standards for air conditioners, electric motor AC standards and ratings, heat pumps standards and rating, Electric motor-driven vapor compression heat pumps, and Gas fired absorption air conditioners.
42. Circulating air systems (supply ducts etc.) – Air ducts standards and acceptable materials, diameter and width specifications (see table), joints, seams, and fitting connections specifications.
43. Electrical conductors and arc-fault breakers – In addition of references NFPA standards, the use of arc-fault breakers under the NFPA 70, are only required for general lighting circuits. Smoke alarms installed on a dedicated circuit do not require arc fault protection. Wherever arc-fault breakers are provided, such use must be in accordance with NFPA 70. Wherever the requirements of these standards differ from NFPA 70, these standards apply.
44. Feeder assembly (definition) - Means the overhead or under-chassis feeder conductors, including the grounding conductor, together with the necessary fittings and equipment, or a power supply cord approved for manufactured home use, designed for the purpose of delivering energy from the source of electrical supply to the distribution panelboard within each dwelling unit.
45. Power Supply of Feeder Assembly – Power supply requirements, color-coded connectors, service equipment, grounding and red warning label on service equipment on need to ground electrodes etc.
46. Disconnecting means and branch-circuit protective equipment – Disconnecting means, panelboard, fuses/switch, circuit breakers, etc.
47. Branch Circuits Lighting Specs - The number of 15 or 20 ampere lighting circuits is based on a 3 volt-amperes per square foot times the outside dimensions of each story of each dwelling unit (coupler excluded) divided by 120 volts times the amperes.
48. Receptacle outlets – Must be installed to Article 406.3 of NFPA 70; and at least one receptacle outlet shall be installed outdoors. Additional outdoor receptacles must comply with Article 210.52(E)(3) of NFPA 70.
49. Lighting Fixture over bathtub or shower - Where a lighting fixture is installed over a bathtub or in a shower stall, it must be listed for wet locations.
50. Wiring methods and materials – General wiring specs for MH are NFPA 70, with outdoor or under-chassis line voltage that is exposed to moisture must be protected and suitable for wet conditions. Additional specific specification of outlet boxes and bracing requirements to secure a box fitting.
51. Electrical testing – Polarity checks must adhere to standards and Article 550.17 of NFPA 70; visual verification is acceptable for polarity check.
52. Option method for calculating lighting and appliance load - For manufactured homes served by single 3-wire 120/240 volt set of feeder conductors with an ampacity of 100 or greater. The total load for determining the feeder ampacity may be computed in accordance with the table (see rules for Table) instead of the method previously specified.
53. Attached manufactured homes unit separation (multi-unit) - Attached manufactured homes shall be separated from each other by a fire separation wall of not less than1-hour fire-resistive rating with exposure from both sides on each attached manufactured home unit when rated based on tests in accordance with ASTM E119

Part 3282 – Manufactured Home Procedural and Enforcement Regulations

• Minor definition reference and reorganization.
• Manufacturer reports for joint monitoring fees - The manufacturer must submit to the IPIA in each of its manufacturing plants, and to HUD, a monthly production report that includes the serial numbers of each manufactured home manufactured and labeled at that plant during the preceding month. The report must also include the date of manufacture, State of first location of these manufactured homes after leaving the plant, type of unit, number of dwelling units, and any other information required under this part. For all homes to be completed pursuant to subpart M of this part, the production report must also include a brief description of the work to be completed on site. The monthly report must be submitted by the 10th day of each month and contain information describing the manufacturer's previous month's activities.

Part 3285 – Model Manufactured Home Installation Standards

• Added new Definitions – for “peak cap assembly” and “peak flip assembly”
• Fireplaces and wood-stoves - When not provided by the home manufacturer, fireplaces and wood-stoves must be listed for residential use and must be installed in accordance with their listings.
• Testing and certification for fire sprinkler systems (where required Not Applicable in Texas) – Requires a fire protection technician to test and certify all fire sprinklers and provide a report to the installer.
• Water supply - Only heat tape or pipe heating cable listed and certified for its intended purpose is permitted for use, and the water system must be inspected and tested for leaks after completion at the site. The installation instructions must provide testing requirements that are in accordance with the piping manufacturer's instructions.
• Exterior close-up – For hinged roof pitches less than 7:12, and design for peak cap or peak flip assembly components.

Part 3286 Manufactured Home Installation Program (this is for “default states” and does not apply to Texas)

• DAPIA-approved installation instructions – Retailer must provide DAPIA-approved installation instruction to purchaser or lessee, any installation requirements that are different than the manufacturer designs must be prepared and certified by an engineer, when the retailer or manufacturer agrees to provide any set up in connection with the sale of the home, the retailer or manufacturer must provide to the licensed installer a copy of the approved installation instructions.
• Installation license and maintaining licenses – An installer in a default state must have, and maintain insurance and either a surety bond or letter of credit, must provide proof of insurance and failure to maintain the insurance or bond can result in suspension or revocation of installers license.
• Contract rights not affected for not arranging installation - Failure to arrange for an inspection of a home within 10 business days will not affect the validity or enforceability of any sale or contract for the sale of any manufactured home.

The USDA housing programs are:

Section 502 Direct Loan Program assists low- and very low-income applicants who currently do not own adequate housing and cannot obtain other credit, the opportunity to acquire, build, rehabilitate, improve, or relocate dwellings in rural areas.

Section 502 Guaranteed Loan Program assists low- and moderate-income applicants the opportunity to acquire, build, rehabilitate, improve, or relocate dwellings in rural areas.

Specifically, regarding the eligibility of manufactured homes, the final rule:

• Permits the purchase of existing manufactured homes by clarifying that borrowers are allowed, under the Direct and Guaranteed loan programs, to purchase existing manufactured homes constructed in conformance with FMHCSS, on or after a date, as determined by the Agency;
• Allows for a lease with an unexpired term that is at least two years longer than the loan term for new energy efficient manufactured and modular home financing in land-lease communities operating on a nonprofit basis and Tribal lands;
• Amends the definition of a “New dwelling” for a manufactured home by removing the reference to “purchase contract” and replacing the text with “date of loan closing” for 502 Guaranteed loans;
• For direct loans only, removes the administrative requirements from the regulations for review and approval of applications from manufactured housing dealers; and
• Revises the definition of “Manufactured home” to remove reference to RHS thermal performance standards because SFH is exempt from RHS Thermal Performance Standards compliance.

The final rule is effective March 4, 2025.

We already have 1,791 and counting bills that have be pre-filed for the coming 2025 Texas Legislative Session.  We expect between now and the bill filing deadline in March that the total will exceed 8,000 bills.  We have read the pre-filed bills and kicked off our tracking reports. 

It’s a pretty simple process that we start with for every session.  We read all the bills filed, and then cull that down to a tracking or watch report in our various software systems.  We run multiple systems with Rob and me independently reviewing all of the bills.  Our lobby team also goes through the bills on their own.  Rob has built a custom AI system that reads all the bills, but beyond simple keyword or areas of Texas law searches, is built and “learned” based on all the prior sessions on the bills we have flagged before.  The point is we try to build in multiple layers of redundancy to reduce the probability that we will miss something.

And when we build our lists of targeted bills, they run the gambit of good, bad, and ugly.  Sure, there are the overt bills that hit our industry square in the chest.  We already have one of those this session on increased county authority regulating new manufactured home community development.  Then there are ones in broad areas that are important like tax policy, landlord tenant issues, transportation, and occupational licensing.  But our goal is to capture not only all of those but other bills as well that might be a bit more ancillary or near-adjacent to topics, policy or specific areas of Texas law.  This last category is where some of the biggest threats, and opportunities can arise months later as we see what bills move and what bills die for later amendment risks, and possibly places for…more creative solutions.

Once we have our full track list, which will probably narrow down to about 400 bills, that defines our to-do list, and we go to work in the halls of the Capitol.  We start talking to offices, staff, lobby, other trade associations, committee chairs, specific committee members, and of course the bill authors.  Sometimes we get to have a nice conversation about how their bill is the greatest thing since sliced bread, and other times we have to tell some folks we think their baby is ugly.  But they get to do the same with our ideas, meaning it goes both ways.

We have time down the line to get into all of that as it gets closer.  At this point the newly elected haven’t even been sworn in or assigned offices, and the opening gavel strike is still a little more than a month away.

So, for now, a few of the first horses out of the barn have caught our eye.  And don’t worry, I’m not going to have you read all 1800 bills, or even the 64 we have already added to the to-do list. 

But here are a few:

Direct Manufactured Housing Impact Bills:

HB 328 - Relating to the regulation of manufactured home rental communities located in certain counties.

Comment: A bracketed bill for Brazoria County but would give that county additional authority above the current law to regulate lot size, road requirements, and access for manufactured home communities.

Land Use and Increased Local (city and county) Control/Regulations:

HB 733 - Relating to verification of citizenship or legal residency for purposes of certain contracts for or concerning the purchase of residential real property located in platted subdivisions; creating a criminal offense.

Comment: This is one of many bills we anticipate in response to the stories and legal action taken earlier this year about the Colony Ridge development, in which both the Texas Attorney General, and US Dept of Justice/CFPB sued the developers.  This bill would require proof of citizenship before a person could enter into a “contract for deed” to purchase land in a county.

HB 878 - Relating to the regulation of residential land use and accessory dwelling units by a political subdivision; authorizing a fee.

Comment: This bill does quite a lot and quite a lot more than just ADUs.  First, for the City of Pearland would not be allowed to require a minimum lot size greater than 2,500 sqft, and the City of Pearland then could not require a setback greater than five feet (front, back and sides), covered parking, more than one parking space, and other restrictions. 

Second, the bill would grant all Texas counties with a population of less than one million, that has more than two houses per acre, essentially complete land use and zoning controls over housing.  The counties would also regulate platting and counties would not be allowed to approve any lot sizes in those counties that are less than 10,000 sqft or have width of less than 100 ft.  This would apply, based on the one million or less size requirement, to every Texas county except the larger ones of Harris, Dallas, Tarrant, Bexar, Travis, Collin and Denton.

The last third of the bill address ADUs, and says that statewide an ADUs can go on any lot zoned for single-family or duplex or that is not zoned and that the “political subdivision”(which means city or county) can’t regulates or require parking, owner occupancy of the primary home, setbacks larger than five feet, limit the size of the ADU that is less the 50% of the primary house or 800 sqft, charge an impact fee, and several other restrictions on local governments, including ministerial approval of a ADU permit limited to building codes, design standards and fire codes. 

Lastly, the bill creates a complaint and enforcement mechanism via the attorney general office to impose the “no new revenue tax rate” provisions un Chapter 26, Tax Code.

HB 1322 - Relating to municipal approval of subdivision plans or plats in certain municipalities.

Comment: Think of this as the small town/city extra time bill.  Current law requires a platting application approval to be completed within 30-days.  This bill would allow all Texas cities with populations less than 10,000 to have up to 90-days to decide on a platting application, and if a groundwater availability certification is required.  Additionally, the bill would extend the time to perform a “takings impact assessment” from 15 days to 45 days for cities with a population under 10,000.

SB 325 - Relating to county regulation of subdivisions and approval of subdivision plans or plats.

Comment: Current law prohibits a county from being able to require a subdivision plat if the landowner does not lay out a part of the land for Section 232.001(a)(3), which is, “streets, alleys, squares, parks, or other parts of the tract intended by the owner of the tract to be dedicated to public use.”  This bill would expand this to also include, and thus could require county subdivision platting if the landowner lays out, “one or more streets, alleys, squares, parks, or other parts of the tract intended for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts.”  Essentially, any private use streets or parks, under this proposed bill, would require a county subdivision platting (regardless of track size, meaning including tacks over 10 acres).

SB 253 - relating to county subdivision platting requirements.

Comment: This effectively would have the same effect as SB 325 (above).  It is worded differently and placed in the county platting requirements section of Chapter 232, Local Government Code, but says nearly the same thing.  If an owner in a county lays out a street, park, etc. dedicated for private use, this proposed law change would require platting.

A comment on both SB 325 and SB 253, this bills look to reverse out changes the 2023 Legislature made with the passage of HB 3697.  Recall HB 3697 was significant pre-development bill passed last session.  In addition to clarifying, which these bills would reverse out, that only dedicated roads and streets triggered county platting, the bill streamlined the county platting process, eliminated a lot of individual country variability in the platting process, and requires counties to publish on their website all documents and other information required for a plat application process.  We wrote about this law change and its sister-bill back last session - Recap from the 88th - A Good Session for Housing Developers

Landlord Tenant

Before getting into the pre-filed bills, we want to put on everyone’s’ radar who has an interest in landlord/tenant issues, specifically the Texas eviction process that we know there will be legislation in 2025 attempting a major overhaul of the eviction process.  Leading this effort is the Texas Apartment Association, but a large and growing coalition of associations and lobby are expected to join in this effort.  TMHA is already involved, and we plan to help with our other coalition partners along the way.  This will be a legislative ”heavy lift,” but the goal is to streamline the eviction process and organize very specific timelines with state preemptive impact.  For anyone who has had to deal with eviction issues post-COVID, especially if you have multiple properties in different jurisdictions and courts, then you know the disjointed, inconsistent, and opaque nature of some of these eviction proceedings.  This effort would seek to clarify one consistent, predictable, and expeditious process that would apply state-wide.

Alright, now for some pre-filed bills that caught our attention:

HB 410 - Relating to pet deposits or fees collected by landlords.

Comment: Limits pet deposits for renters to an initial one-time deposit or a monthly fee that is not more then $20/mth, but not both

HB 414 - Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling; creating criminal offenses; increasing a criminal penalty; authorizing a fee.

Comment: This is an anti-squatters bill that would give additional criminal penalties and squatter removal authority to the sheriff.

HB 577 - Relating to the notice period for certain evictions.

Comment: Would move the timeline for notices to vacate from 3-days to 14-days.

HB 798 - Relating to certain rights and duties of residential tenants and landlords; increasing the amount of civil penalties.

Comment: A significant number of proposed changes to landlord tenant law that would, among other things, provide a right to cure mandate, sealing of some evictions records and limited reporting, change late fees to the lesser of 10% of the rent or $75, and late fees cannot be applied to unpaid charges that are not rent (such as other service fees), prohibits a tenants arrest from being a default under  lease agreement, expanding tenants options to repair and withhold rent,  enhanced penalties on retaliation by a landlord.

HB 1299 - Relating to certain deposits, fees, or charges required to be provided by a tenant or prospective tenant in connection with a residential lease.

Comment: Redefines what is a security deposit and defaults all monies paid in any form of fees, deposits etc. as the security deposit.

Miscellaneous/Grab Bag – MLOs, HVAC Sales Tax Holiday, and RV Parks

SB 74 - Relating to an exemption from residential mortgage loan originator licensing requirements.

Comment: Would reduce the de minimis amount to not have to get licensed from five to three loans per year.  This would align with federal de minimus.

SB 214 - Relating to a temporary exemption from sales and use taxes for certain residential heating, ventilation, and air conditioning systems and installation services.

Comment: Would provide a sales tax exemption on all new HVAC system purchases from March 1, 2026 thru September 1, 2027.

SB 385 - Relating to construction standards for certain recreational vehicle parks and campgrounds.

Comment: This is a bill supported by the RV Campground Association.  This bill nearly passed last session.  It made it through the House but ran out of time in the Senate.  This bill would impose state preemptive standards on building RV Parks set to “the National Fire Protection Association 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2021 Edition, other than Section 1.1.1.”

This isn’t really TMHA’s field of expertise, so please check with your accounting professionals, but the federal FinCen Beneficial Ownership disclosure requirement deadline is coming at the end of this year.  Originating from a law passed in 2020 -  The Anti-Money Laundering Act of 2020, which includes the Corporate Transparency Act, became law after Congress’ overrode on January 1, 2021, former President Trump’s veto.  The law’s intent is to “crack down on anonymous shell companies, which have long been the vehicle of choice for money launderers, terrorists, and criminals.”  It seeks to do this by creating a federal database of beneficial owners of companies that the reporting companies must disclose.  There are some significant penalties for non-compliance. 

Generally speaking, a reporting company is a corporation, limited liability company or other similar entity that is created by the filing of a document with a secretary of state or similar office under the law of a state, or formed under the law of a foreign country and registered to do business in the United States by the filing of a document with a secretary of state or similar office under the laws of a state. 

For more on this, the American Bar Association has an informative post, and for more information on this you can go to FinCen’s dedicated page on Beneficial Ownership, and the Small Entity guide. 

The deadline to file initial BOI reports is January 1, 2025.

UPDATE - Federal Court Issues Injunction

On Tuesday, December 3, 2024, a federal court in Texas issued a nationwide injunction that blocks the implementation of the CTA and its regulations, determining that the Act is unconstitutional.

From Tuesday’s ruling:

“Reporting companies need not comply with the CTA's January 1, 2025, BOI reporting deadline pending further order of the Court." 

The case is Texas Top Cop Shop, Inc., et al. v. Garland, where the Court held that the CTA—which would have required an estimated 32.5 million companies in the United States as of January 1, 2024, to submit sensitive information regarding their “beneficial owners” (BOI) to the United States Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) by January 1, 2025—was likely unconstitutional and that its implementation would irreparably harm reporting companies if they were forced to comply. The Court enjoined the CTA’s enforcement nationwide, specifically stating that neither the Act nor its related regulations may be enforced, and that “reporting companies need not comply with the CTA’s January 1, 2025, BOI reporting deadline.”

Additional litigation regarding the CTA is anticipated, with the case likely moving to higher appellate courts in the coming weeks, creating additional uncertainty about the law’s future enforceability.  But as of Tuesday ruling, “[existing] reporting companies need not comply with the CTA’s January 1, 2025, BOI reporting deadline,” and that FinCEN cannot enforce any of the CTA’s penalties for willful noncompliance against entities or individuals.”

CFPB Annually Adjusted Thresholds for 2025

The CFPB has issued two final rules adjusting thresholds.  First, the CFPB has issued a final rule amending the official interpretations for Regulation Z, which implements the Truth in Lending Act (TILA). The CFPB is required to calculate annually the dollar amounts for several provisions in Regulation Z. This final rule revises dollar amounts for certain provisions implementing TILA and amendments to TILA impacting HOEPA loans and qualified mortgages.  

Second, the CFPB has issued the annual adjustment to the maximum amount consumer reporting agencies may charge consumers for making a file disclosure to a consumer under the Fair Credit Reporting Act (FCRA).  The ceiling on allowable charges under Section 612(f) of the FCRA will remain unchanged at $15.50, effective for 2025.

For HOEPA loans, the adjusted total loan amount threshold for high-cost mortgages in 2025 will be $26,968. The adjusted points-and-fees dollar trigger for high-cost mortgages in 2025 will be $1,348. For qualified mortgages (QMs) under the General QM loan definition in § 1026.43(e)(2), the thresholds for the spread between the annual percentage rate (APR) and the average prime offer rate (APOR) in 2025 will be:

• 25 or more percentage points for a first-lien covered transaction with a loan amount greater than or equal to $134,841;
• 5 or more percentage points for a first-lien covered transaction with a loan amount greater than or equal to $80,905 but less than $134,841;
• 5 or more percentage points for a first-lien covered transaction with a loan amount less than $80,905;
• 5 or more percentage points for a first-lien covered transaction secured by a manufactured home with a loan amount less than $134,841; 3.5 or more percentage points for a subordinate-lien covered transaction with a loan amount greater than or equal to $80,905; or
• 5 or more percentage points for a subordinate-lien covered transaction with a loan amount less than $80,905.

For all categories of QMs, the thresholds for total points and fees in 2025 will be 3 percent of the total loan amount for a loan greater than or equal to $134,841; $4,045 for a loan amount greater than or equal to $80,905 but less than $134,841; 5 percent of the total loan amount for a loan greater than or equal to $26,968 but less than $80,905; $1,348 for a loan amount greater than or equal to $16,855 but less than $26,968; and 8 percent of the total loan amount for a loan amount less than $16,855.

These adjustments are applicable January 1, 2025, consistent with relevant statutory or regulatory provisions.

You can access the TILA notice at: https://www.consumerfinance.gov/policy-compliance/rulemaking/final-rules/truth-lending-regulation-z-annual-threshold-adjustments-card-act-hoepa/.

You can access the FCRA notice at: https://www.consumerfinance.gov/policy-compliance/rulemaking/final-rules/fair-credit-reporting-act-disclosures/

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.