Honorable Jack McLaughlin Opinion No. M- 961
Commissioner
Bureau of Labor Statistics Re: Whether the provisions
Austin, Texas of Article 5221(f), V.C.S.,
as amended require Mobile
Home Dealers to pay an
annual license fee of
Dear Mr. McLaughlin: $50.00.
In your recent letter to this office you pointed out
that the 61st Legislature enacted legislation regulating
the manufacture and sale of mobile homes. This legislation
was codified as Article 5221(f), Vernon's Civil Statutes,
and required all dealers and manufacturers of mobile homes
to pay an annual license fee of $50.00 to your department.
The 62nd Legislature amended Article 5221(f), and that
Article as amended does not contain a requirement for the
payment of the $50.00 license fee. In view of this, you
have requested our opinion as to whether dealers and manu-
facturers of mobile homes are still required to pay an
annual license fee of $50.00 to your department.
Article 5221(f), as originally enacted by the 61st
Legislature, provided for the establishment of a uniform
code of standards for the plumbing, heating, and electrical
systems installed in mobile homes manufactured or sold in
this State. The Article required that all dealers and
manufacturers of mobile homes procure a license upon the
payment of the $50.00 fee, and that compliance with the
plumbing, heating, and electrical standards be evidenced
by a seal placed on the mobile home by the manufacturer or
dealer. The seals were to be obtained from your department
at a cost of $3.00 to the dealer or the manufacturer.
By House Bill 956, Acts 1971, 62nd Legislature, chapter
896, page 2765, Article 5221(f) was completely revised, and
the scope of its application extended. In addition to pro-
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.
Honorable Jack McLaughlin, page 2 (M-961)
viding standards for the installation of plumbing, heating,
and electrical systems in mobile homes, the Article as
amended also provides for uniform standards in require-
ments for the body and frame design and construction of
mobile homes. Instead of requiring that dealers and manu-
facturers of mobile homes be licensed, the Article now
provides for a system whereby manufacturers will be issued
a certificate of acceptability upon certification that
mobile homes will be manufactured in compliance with the
established standards. Each mobile home manufactured and
sold within the State must also bear a seal issued by the
department which indicates that the mobile home was manu-
factured in compliance with uniform standards. The Article
as amended further makes it unlawful to manufacture or
sell a mobile home within the State except in compliance
with the standards established pursuant to the Article.
The Article as amended makes no mention of a license
for either a manufacturer or dealer. Section 11 pertains
to fees and charges and reads as follows:
Wet. 11. (a)The Board with the
advice of the department shall esta-
blish a schedule of fees to pay the
cost incurred by the department for
the work relating to the administra-
tion and enforcement of this Act.
‘l(b) The Board shall set a fee for
the issuance and annual renewal of
certificates of acceptability which
shall not exceed $100 per year.
“(c) The Board shall also set a
charge for the issuance of seals of
approval which shall not exceed $3.00
per seal.
l’(d) All fees shall be paid to the
state treasury and placed in a special
account for the use of the department
in the administration and enforcement
of this Act.”
This is the only provision in the amended Article
which relates to the payment of fees in connection with
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Honorable Jack McLaughlin, page 3 (M-961)
the administration and enforcement of the Act. Although
House Bill 956, does not contain a repealing clause, we
are compelled to the conclusion that Article 5221(f) as
amended is quite clearly intended to embrace the entire
body of law on the subject of the regulation of the manu-
facture and sale of mobile homes. It is a complete sub-
stitute for the prior law on this subject and repeals
the orior Act even though House Bill 956 contains no
repeHling clause. Commercial Code Co. v. American Manu-
Gsi?F%s;: 2 ~r:;2~f8~~l:~~~.~~~.~~~:2~g~~~~e~~~~.
Civ.App. 1939, error ref.).
You are therefore advised, that the fifty dollars
($50.00) license fee required of dealers and manufacturers
of mobile homes under the provisions of Article 5221(f),
Vernonls Civil Statutes, is no longer required under the
provisions of that Article as amended by the House Bill
956, Acts 1971, 62nd Legislature, Chapter 896, page 2765.
SUMMARY
House Bill 956, Acts 1971, 62nd Legis-
lature, Chapter 896, page 2765, completely
revises and replaces the provisions of Article
5221(f), V.C.S., and the $50.00 license fee
which that Article previously required of
dealers and manufacturers of mobile homes is
no longer required to be paid to the Bureau
of Labor Statistics.
Veii truly yours,
Prepared by W. 0. Shultz
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
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Hdnbrable Jack McLaughlin, page 4 (M-961)
.. '..:.- Kerns Taylor, Chairman
...W. E./... ,Allen,
I Co-Chairman
Harriet Burke
Malcolm Quick
Ben Harrison
Scott Garrison
SAM MCDANIEL
Acting Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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