The opinion
THE A~TBECNEY GENERAL
OFTEXAS
AunTIN.TEXAm 78711
CnAWFORD c. MARTlN
.4T-rORNEY DENJCRAL
July 11,1972
Honora.ble Ja,ck McLaughlin Opinion No. M-l 169
Commissioner
Bureau of Labor Statistics Re: Whether the provisions of
Performance Certification Board Section 6 of House Bill 956,
for Mobile Homes being Article 52216 V. C. S.,
Box 12157, Capitol Station the Uniform Sta,ndards Code
Austin. Texas 78711 for Mobile Homes, defer the
enforcement of Section 4,
subpara.graph (A-2) of the
Act until more tha.n twelve
months a,fter the a,doption of
Dear Mr. McLaughlin: the Code7
You request our opinion concerning the current enforceability of
Section 4 (a) (2) of Article 5221f, V. C. S., in light of the requirements
of Section 6 thereof.
Section 4 (a) (2) reads as follows:
“(2) It is unlawful for any person to sell or offer for sale
within this State any mobile home manufactured after the
effective da,te of this Act unless such mobile home meets
the plumbing, hea,ting a.nd electrical insta,llation require-
ments a.dopted by the board pursuant to this Act. [Empha:
s&added. ]
Section 6 rea,ds as follows:
“Section 6. It is unlawful for a.ny dealer within or
without this State to sell or offer for sa,le to dealers
or to the public of this Sta,te any mobile home manu-
factured more than twelve months a.fter the adoption
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. .
Honorable Jack McLaughlin, page 2 ( M-l 169)
or promulgation of the Code unless said mobile home
complies with the Code, bears a seal of approval
issued by the department, a,nd is the manufactured
product of a, manufacturer possessing a current certi-
ficate of acceptability issued by the department. ”
[Empha.sis a.dded. ]
The “Code” referred to in Section 6 is defined by Section 4 (j) as:
“(j) The standards and requirements adopted or pro-
mulgated by the boa.rd for the installation of plumbing,
heating and electrica, systems in mobile homes a,nd
for the body and frame design a,nd construction of mobile
homes shall be known as the Uniform Standards Code
for Mobile Homes (hereina.fter referred to a.s the ‘Code’). ”
Section 4 (a) (l), (2) refers to requirements and standards for the
installation of plumbing, heating and electrica. systems. Section
4 (b) (l), (2) refers to requirements and standards for body a~ndframe
design a.nd construction. The former are effective and enforceable
immediately upon adoption by the boa.rd as to all mobile homes man-
ufa.ctured a,fter the effective da.te of the Act. The latter are effse
twelve (12) months after adoption by the board as to a,!1 mobile homes
manufactured after that effective date. both categories are part of
The “Code. I1
Section 6 relates specifically to mobile homes manufactured more
than twelve months after the a.doption or promulgation of the “Code. ”
body a.nd frame and construction sta.ndards, a.s part of the ‘Code, I’ are
not enforcea,ble against manufacturers until after twelve (12) months
from the date of a.doption of standa,rds and requirements therefor.
Section 4 (b) (2) and Section 5 (a). Section 6 prohibits sa,les by dealers of
mobile homes made by a manufacturer who has not obtained a certi-
ficate of acceptability from the board. The manufacturer ca.nnot
be required to obta.in a certificate of acceptability until twelve (12)
months a.fter the board has adopted requirements and standards for
body and frame design and construction. Section 5 (a). To be consis-
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Honorable Jack McLaughlin, page 3 ( M- 1 i 69)
tent with Sections 4 (b) (2) and 5 (a), Section 6 can be operative
only a,fter twelve (12) months from the date the board a,dopts the
code body and frame and construction requirements and standards,
Therefore, to construe the Act so as to give effect to a,11pro-
visions, we hold that the requirements of Section 4 (a) (1) and (2)
are enforceable as of the date (December 15, 1971) the board adopted
requirements and standards relating to the installation of heating,
plumbing and electrical systems.
SUMMAR.Y
Section 4 (a) (2),, Article 5221f, V. C. S., relating
to requirements and standards for the installation
of heating, plumbing and electrica,l systems in
mobile homes, was enforceable immediately upon
adoption by the Performance Certification Board of
regulations pertaining thereto on December 15, 1971.
Yo r very truly,
/JGJ
Prepared by Rex H. White, Jr.
Assistant Attorney General
APPROVED.
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
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Honorable Jack McLaughlin, page 4 ( M-1169)
Roger Tyler
Ha,rriet Burke
Austin Bray
Ben Harrison
SAMUEL D, MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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