Case Information
*1 Opinion No. M- 961 Honorable Jack McLaughlin Commissioner Bureau of Labor Statistics
Re: Whether the provisions Austin, Texas
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 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 payment of the $50.00 fee. In view of this, you have requested our opinion as to whether dealers of mobile homes are still to pay an annual fee of $50.00 to your department.
Article as originally enacted by the 61st Legislature, provided the establishment of a uniform code of standards the plumbing, heating, and electrical installed in mobile homes manufactured or sold in this State. that all dealers and manufacturers of mobile homes procure a license upon the payment of the $50.00 fee, and that compliance with the standards be evidenced plumbing, heating, by a seal placed on the mobile home by the manufacturer 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, the scope of its application extended. In addition to pro-
. viding standards for the installation of plumbing, heating, in mobile homes, the Article amended also provides for uniform standards in require- ments for the body and frame design and construction Instead of requiring that dealers mobile homes. 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 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 sell a mobile home within the State except in compliance with the standards established pursuant to 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 the issuance and annual renewal of certificates of acceptability which shall not exceed $100 per year.
“(c) The Board shall also set a charge 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 the use of the department in the administration
of this Act.” This is the only provision in the amended Article which relates to the payment of fees in connection with *3 the administration of the Act. Although House Bill 956, does not contain a repealing clause, we are compelled to the conclusion that Article 5221(f) 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) fee required of dealers and manufacturers of mobile homes under the provisions of Article
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 and the $50.00 fee which that Article previously
dealers of mobile homes is no longer to be paid to the Bureau of Labor Statistics. truly yours,
Veii Prepared by W. 0. Shultz
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hdnbrable Jack McLaughlin, page 4
.. '..:.- Kerns Taylor, Chairman
. ..W. E. Allen, Co-Chairman /... , I
Harriet Burke
Malcolm Quick
Ben Harrison
Scott Garrison
SAM MCDANIEL
Acting Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant