Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. (e) If the person charged does not pay the penalty and does not pursue judicial review, the department or the attorney general may bring an action for the collection of the penalty. (h) A licensee may not participate in the sale, exchange, or installation for use as a dwelling of a manufactured home that is salvage and that has not been repaired in accordance with this chapter and the department's rules. 01/16/18 . A required fee must be paid by certified funds, cashier's check or money order, made payable to TDHCA/MHD. 863 (H.B. 33, eff. 1201.1031. Sec. 46 (H.B. (26-a) "Sales purchase contract" means the contract between a retailer and a consumer for the purchase of a manufactured home from the retailer. (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. 14, eff. Sec. 1421, Sec. Texas Department Of Manufactured Housing Statement Of Ownership . MANUFACTURER'S CERTIFICATE. SEAL OR LABEL REQUIRED. Sec. Amended by Acts 2003, 78th Leg., ch. (C) does not include a recreational vehicle as defined by 24 C.F.R. 2019), Sec. 863, Sec. APPLICATION FOR ISSUANCE OF STATEMENT OF OWNERSHIP. LICENSE APPLICATION. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 863 (H.B. 408 (H.B. NOTICE OF LICENSE EXPIRATION. 32, eff. Jan. 1, 2004. (f) Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. PROHIBITED RETENTION OF DEPOSIT. (c) Except with respect to any change in use, servicing of a loan on a manufactured home, release of a lien on a manufactured home by an authorized lienholder, or change in ownership of a lien on a manufactured home, but subject to Section 1201.2075, if the department has issued a statement of ownership for a manufactured home, the department may issue a subsequent statement of ownership for the home only if all parties reflected in the department's records as having an interest in the manufactured home give their written consent or release their interest, either in writing or by operation of law, or the department has followed the procedures provided by Section 1201.206(k) to document ownership and lien status. A lien recorded with the department has priority, according to the chronological order of recordation, over another lien or claim against the manufactured home. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting The suspension shall continue until the person has complied with the cease and desist order or paid the administrative penalty. (3)a sworn affidavit by the applicant stating that: (A)the applicant is the owner of the manufactured home; (B)the seller of the manufactured home did not provide the applicant with the applicable 2019), Sec. (a) The board shall adopt rules and forms relating to: (3) the application for a statement of ownership; and. ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". September 1, 2017. Control #: TX-C104 Instant Download Buy now. 1079 (H.B. June 18, 2003. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. Acts 2017, 85th Leg., R.S., Ch. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. 338, Sec. 1201.507. 1079 (H.B. (c) The bond or other security is open to successive claims up to the face value of the bond or other security. Amended by Acts 2003, 78th Leg., ch. 73(a)(3), eff. (d) An applicant for a salesperson's license must: (1) file with the director an application that provides any information the director considers necessary and that is sponsored by a currently licensed retailer or broker; and. Added by Acts 2001, 77th Leg., ch. 2, eff. If the home is going to be moved, you must contact the Texas Department of Motor Vehicles and obtain the required moving permit, which is also submitted alongside your SOL application. June 18, 2003. On the purchaser's application to the department for issuance of a new statement of ownership, the department shall inspect the home and, if the department determines that the home is habitable, issue a new statement of ownership. 21, eff. 1201.209. Sec. (a) The board shall adopt rules and otherwise act as necessary to: (1) comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. September 1, 2017. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. (b) Written notice to the department is deemed to be notice to the manufacturer, retailer, or installer commencing three business days after receipt and forwarding of the notice by the department to the licensee by regular mail or electronic mail of a scanned copy of the notice. (c) A licensed retailer acting as a warehouse and warehouseman satisfies all storage, bonding, insurance, public sale, and security requirements if the storage of a manufactured home occurs on the retailer's lot and the home is secured in the same manner the retailer secures a manufactured home held on the lot as inventory. 1421, Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (800) 792-1112. Acts 2013, 83rd Leg., R.S., Ch. 408 (H.B. A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires a license under this chapter commits an offense. Complete and attach the Inventory Schedule including the information for each sale during the . 1201.606. (27) "Salvaged manufactured home" means a manufactured home determined to be salvaged under Section 1201.461. 85(3), eff. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). 1284 (H.B. Acts 2017, 85th Leg., R.S., Ch. 1201.406. A tax lien recorded with the department has priority over another lien or claim against the manufactured home. June 18, 2003. Amended by Acts 2003, 78th Leg., ch. Sec. (d) Unless the information provided for in Subsection (c) is provided electronically, the department shall pay the reasonable cost of providing the list and information under Subsection (c). (21-a) "Nonresidential use" means use of a manufactured home for a purpose other than as a permanent or temporary residential dwelling. 27, eff. 1284 (H.B. HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. State: Texas. A licensed salesperson may work only for the salesperson's sponsoring retailer or broker. VENUE FOR HEARING. 1201.502. 3361), Sec. 1276, Sec. 408 (H.B. 2, eff. Acts 2007, 80th Leg., R.S., Ch. June 1, 2003. June 1, 2003. (B) free from defects in materials or workmanship. Added by Acts 2001, 77th Leg., ch. If appeal is not timely made, the revocation or suspension described in the notice of the director's action becomes final. (e) The advisory committee established by Subsection (d) shall make a report to the board setting forth each comment and concern over any proposed rules. Sec. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; September 1, 2013. 2019), Sec. (a) To ensure that a manufactured home sold or installed in this state complies with the standards code, the director may by contract provide for a federal agency or an agency or political subdivision of this state or another state to perform an inspection or inspection program under this chapter or under rules adopted by the board. September 1, 2017. June 1, 2003. BROKER. 34(1), eff. Because of its regulatory nature, it is governed by its own board and executive director. Applications for Statement of Ownership and all associated paperwork must be submitted to the Texas Department of Housing and Community Affairs (TDHCA) to complete ownership transfer. A continuing education program must be at least eight hours long and must include the current rules of the department and such other matters as the board may deem relevant. How do I get a replacement title for a mobile home in Texas? 1460), Sec. 408 (H.B. 2, eff. 62, eff. 408 (H.B. (b) The manufacturer's warranty is in effect until at least the first anniversary of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of an already installed new home, whichever is later. 28, eff. If the seller files the SOL form after 60 days, they can face a fee of up to $100. September 1, 2017. 863 (H.B. and from the rules and regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. You can do this by either searching the Manufactured Home Ownership Records database online or calling the Texas Department of Housing and Community Affairs directly. This allows department staff to assist the homeowner and stop additional undocumented sales by that retailer. 408 (H.B. September 1, 2009. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT. Acts 2017, 85th Leg., R.S., Ch. To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the home was actually located on January 1st of that year. (c) In determining the amount of an administrative penalty assessed under this section, the director shall consider: (3) the amount necessary to deter future violations; (4) efforts made to correct the violation; and. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the board by order may find that a violation has occurred or has not occurred. 408 (H.B. 1201.254. 408 (H.B. 1276, Sec. GENERAL RULEMAKING AUTHORITY. 2019), Sec. 408 (H.B. The term does not include educational material or material required by law. Added by Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (C)the applicant could not locate the seller after making a good faith effort. (b) The deposit may be retained only if: (1) the consumer specially orders from the manufacturer a manufactured home that is not in the retailer's inventory; (2) the home conforms to the specifications of the special order and any representations made to the consumer; (3) the consumer fails or refuses to accept delivery and installation of the home by the retailer; and. January 1, 2008. (2) the home is habitable with respect to formaldehyde emissions. September 1, 2017. 14A.261(a), eff. Finding the perfect mobile home doors is a combination of design and personal style. 338, Sec. (3) "Alteration" means the replacement, addition, modification, or removal of equipment in a new manufactured home after sale by a manufacturer to a retailer but before sale and installation by a retailer to a purchaser in a manner that may affect the home's construction, fire safety, occupancy, or plumbing, heating, or electrical system. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 3.08, eff. 408 (H.B. 408 (H.B. 863 (H.B. 863 (H.B. September 1, 2017. (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. September 1, 2017. (c) If the manufacturer, retailer, or installer is unable to provide warranty service in accordance with the department order under Section 1201.356 as a result of an action of the consumer, the manufacturer, retailer, or installer must make that allegation in the written statement required by Subsection (a). 1201.220. (a) In completing an application for the issuance of a statement of ownership, an owner of a manufactured home shall indicate whether the owner elects to treat the home as real property. The hearing shall be governed by Chapter 2001, Government Code. Acts 2009, 81st Leg., R.S., Ch. 1201.461. 38, eff. The application fee is currently $55, which should be submitted directly to the TDCHA. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED. 85(5), eff. September 1, 2013. (a-1). 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. (23) "Related person" means a person who: (A) directly participates in management or policy decisions; and. 2019), Sec. FAILURE TO PROVIDE WARRANTY SERVICE. (c-1) An individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of an entity that is licensed as a retailer or broker may act on behalf of that license holder in the capacity of a retailer, broker, or salesperson without holding the appropriate license if at least one individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of the entity has satisfied the requirements of Sections 1201.104 and 1201.113. January 1, 2008. When the ownership of a home changed, an application for title transfer had to be submitted to the Manufactured Housing Division (Department), and a new title would be issued. 1201.204. 408 (H.B. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. 2741), Sec. 2019), Sec. 2438), Sec. 1284 (H.B. 3, eff. September 1, 2017. (e) The fee described by Subsection (a)(2) does not apply if an inspection agency authorized by the United States Department of Housing and Urban Development, other than the department, acts as the in-plant inspection agency. 2019), Sec. (e) If the governor by executive order or proclamation declares a state of disaster under Chapter 418, Government Code, the director, in accordance with rules adopted by the board, may waive the imposition of any fee under this chapter in the affected area. June 18, 2003. September 1, 2017. if (document.images) { Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. June 1, 2003. Added by Acts 2001, 77th Leg., ch. (d) The department may issue an amended report and order if all parties receive notice of and are given an opportunity to respond to that report and order. January 1, 2008. 2, eff. Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code. 1201.060. 77 (H.B. 2, eff. 1460), Sec. (d) A retailer's or manufacturer's compliance, from September 1, 1981, to September 1, 1985, with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: (e) A retailer's or manufacturer's knowing and wilful failure to comply with the regulations and rules described by Subsection (c) is conclusive proof that: (1) the retailer or manufacturer breached the duty to notify the consumer about formaldehyde; and. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. 2019), Sec. You must apply for a revised Statement of Ownership any time there is a change in the owners name(s), the physical location of the home, any lien information, the elected treatment of the home as either real or personal property, or residential or non-residential use. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. (b)The land on which a manufactured home is located qualifies as a residence homestead Acts 2017, 85th Leg., R.S., Ch. In order to satisfy this requirement, the property owner may apply to our office for any of the following: Our staff is available to assist you with these and any questions regarding property taxes on manufactured housing. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS. Sec. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. January 1, 2008. September 1, 2011. 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. If the examination failure rate exceeds 25 percent, the board shall: (1) review the examination and the examination procedures; and. (b) A federally insured financial institution or lender approved or authorized by the United States Department of Housing and Urban Development as a mortgagee with direct endorsement underwriting authority that fully complies with federal Truth in Lending disclosures concerning the terms of a manufactured housing transaction is exempt from the disclosure provisions of this section. 26, eff. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. Acts 2007, 80th Leg., R.S., Ch. Sec. 3, eff. January 1, 2008. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. (c) The director shall prepare information for notifying consumers of the director's option to order a direct refund under this section, shall post the information on the department's Internet website, and shall make printed copies available on request. (e) A deposit becomes a down payment upon execution of a sales purchase contract. 1201.164. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. 3361), Sec. The director shall publish notice and conduct a public hearing before: (1) adopting a standard or requirement authorized by this subchapter; (2) amending a standard authorized by this subchapter; or. A consumer may satisfy the evidentiary requirement of this subsection by providing the retailer, broker, or salesperson, as applicable, with a copy of any required permit to install a septic tank on the homesite. (a) The formaldehyde health notice required by Section 1201.153 is sufficient, as a matter of law, to advise a consumer of the risks of occupying a HUD-code manufactured home. (b) A salesperson may not submit to a retailer information known to be false or misleading. When applying for a Statement of Ownership, buyers must determine what supporting documents they may need: June 18, 2005. The accrued interest on amounts remitted by the director under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the assessed penalty is paid to the director and ending on the date the penalty is remitted. January 1, 2008. 1201.110. A buyer cannot change their manufactured home from personal to real property unless they attach it to land they own or lease under a qualifying, long-term lease. Not later than the 60th day after the date the department issues a copy of the statement of ownership to the owner, the owner must: (1) file the copy in the real property records of the county in which the home is located; and. (2) a copy of the statement of ownership for the home has been filed in the real property records of the county in which the home is located. 863 (H.B. ); (4) a rule or regulation of the United States Department of Housing and Urban Development; or. Added by Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. 1460), Sec. 14A.255(a), eff. 408 (H.B. June 18, 2005. Sec. June 18, 2003; Acts 2003, 78th Leg., ch. Sec. (b) On request, the department shall authorize a local governmental unit in this state to perform an inspection or enforcement activity related to the construction of a foundation system or the erection or installation of manufactured housing at a homesite under a contract or other official designation and rules adopted by the board. This subsection does not prohibit the collection of actual costs incurred by a local governmental unit that result from the transportation of a manufactured home. (2) damages for pain and suffering, mental anguish, emotional distress, or other analogous tort claims. STATEMENT OF OWNERSHIP FORM. CHANGE IN USE. (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized. January 1, 2008. September 1, 2017. Sec. (c) A retailer, broker, or salesperson may not sell or exchange, or offer to sell or exchange, a manufactured home to a consumer in this state for use as a dwelling unless the appropriate seal or label is attached to the home. Though it may seem intimidating, buying a mobile home in Texas can be extremely easy once you have a solid idea of what youre looking for and how to do it. 863 (H.B. 16, eff. Sec. The fee for a single is $35, doublewide is $70, and triple wide is $105. subchapter a: codes, standards, terms, fees and administration: subchapter b: . Sec. (f-1) A retailer may not be licensed to operate more than one location under a single license. Acts 2017, 85th Leg., R.S., Ch. (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. September 1, 2017. 16, eff. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. September 1, 2017. 47, eff. The consumer's execution of a signed receipt of a copy of the disclosure required by Subsection (a) shall constitute conclusive proof of the delivery of the disclosure. Added by Acts 2001, 77th Leg., ch. (d) If a hearing is not requested under Subsection (c) before the 31st day after the date an order is issued, the order is considered final and not appealable. 5, eff. Sec. (b) A retailer may not sell, represent for sale, or offer for sale real property in conjunction with the sale of a manufactured home except as authorized by the department consistent with Chapter 1101. They will need to discharge or pay off lien holders before moving the home or get their written consent for the move. Mailing of the notice by certified mail, return receipt requested, postage prepaid, to the persons required to be notified by this subsection constitutes conclusive proof of compliance with this subsection. (c) If payment to the manufactured homeowner consumer claims program of a claim is not made by the surety or from the other security in a timely manner, the attorney general shall file suit for recovery of the amount due the manufactured homeowner consumer claims program. 1201.103. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. If the changes are not properly recorded with the Appraisal District, sellers may find themselves being sued for taxes incurred after they sold the home and buyers may be faced with unexpected tax bills for prior years omitted from the tax roll or that had invalid exemptions. (b) A licensee may engage another person who is not licensed under this chapter but possesses another license issued by the State of Texas to provide goods and services subject to that other license. (2) to a purchaser for the purchaser's business use or another nonresidential use.
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