Acts 2007, 80th Leg., R.S., Ch. 1460), Sec. The director may issue an order to prohibit a person who is not licensed as an installer from performing installation functions under the oversight of a licensed installer. Added by Acts 2003, 78th Leg., ch. September 1, 2017. PROHIBITED ALTERATION. The installation of a new manufactured home must meet, in addition to applicable state standards, the manufacturer's specifications required to validate the manufacturer's warranty. Sec. (c) If the department experiences significant problems in obtaining timely reimbursements from a surety or the surety has experienced a deterioration in its financial condition, the board may direct the director to stop accepting bonds issued by the surety. Acts 2009, 81st Leg., R.S., Ch. In our commitment to open government, we invite open records requests in writing. 14A.260(a), eff. (d) If the approval of a continuing education program expires between regularly scheduled board meetings, the director may, on receipt of the required renewal application, fee, and necessary documentation of education material, approve the continued administration of the program until the next board meeting. June 18, 2003. 14A.254(b), eff. 1421, Sec. Sec. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. 1201.2076. If the department's rules provide an option to file a document electronically, the department may charge a discounted fee for the electronic filing. January 1, 2008. LICENSE APPLICATION. 1, eff. MM/DD/YYYY. 2238), Sec. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. (a) The director may deny, permanently revoke, or suspend for a definite period and specified sales location or geographic area a license if the director determines that the applicant or license holder: (1) knowingly and wilfully violated this chapter or a rule adopted or order issued under this chapter; (2) unlawfully retained or converted money, property, or any other thing of value from a consumer in the form of a down payment, sales or use tax, deposit, or insurance premium; (3) failed repeatedly to file with the department a completed application for a statement of ownership before the 61st day after the date of the sale of a manufactured home as required by Section 1201.206 or the date of the installation, whichever occurred later; (4) failed to give or breached a manufactured home warranty required by this chapter or by the Federal Trade Commission; (5) engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code; (6) failed to provide or file a report required by the department for the administration or enforcement of this chapter; (7) provided false information on an application, report, or other document filed with the department; (8) acquired a criminal record during the five-year period preceding the application date that, in the opinion of the director, makes the applicant unfit for licensing; (9) failed to file a bond or other security for each location as required by Subchapter C; (10) has had another license issued by this state revoked or suspended; or. Acts 2017, 85th Leg., R.S., Ch. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. 23, eff. 8, eff. WARRANTY FOR HUD-CODE MANUFACTURED HOME PERMANENTLY ATTACHED TO REAL PROPERTY. Sec. 1201.055. For purposes of this subsection, "refurbish" means any general repairs, improvements, or aesthetic changes to a manufactured home that do not constitute the rebuilding of a salvaged manufactured home. Acts 2017, 85th Leg., R.S., Ch. (d) If the seller is required to possess a license by this chapter, a broker may assist in the sale of a manufactured home only if that seller has a current license. Acts 2007, 80th Leg., R.S., Ch. 3613), Sec. September 1, 2009. January 1, 2008. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 1284, Sec. (b) The board shall adopt rules for the documenting of the ownership of a manufactured home that has been previously owned in this state or another state. 1201.151. 1201.510. Acts 2017, 85th Leg., R.S., Ch. 64, eff. 863 (H.B. In such event the retailer shall immediately give the consumer all of the disclosures required by this code and sell the manufactured home without the required waiting periods or the right of rescission. INSPECTIONS. All Rights Reserved. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 1284 (H.B. DEFINITIONS. Sec. If homeowners wish to return their manufactured home from real property back to personal property, they can do so by applying for a new Statement of Ownership. Sec. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. MANUFACTURED HOME ABANDONED. 863 (H.B. View Ownership Records : No Prior Ownership Record - Pending Application with RAI Issued: . (d) If the consumer asserts against the holder of the debt instrument a claim or defense that arises from a claim or defense of the consumer against the retailer, the consumer's relief against the holder arising from claims and defenses of the consumer against the retailer is limited to recovery of an amount not to exceed the total amount paid by the consumer to the holder and to cancellation of the balance remaining on the instrument. Texas quit using paper titles to prove ownership of mobile homes in 2003, replacing it with electronic SOLs. (d) A manufacturer, retailer, or installer entitled to indemnification under this section is a consumer for purposes of Subchapter I and may recover actual damages from the manufactured homeowner consumer claims program. Acts 2007, 80th Leg., R.S., Ch. (4) failed to abide by the terms of a final order, including the payment of any assessed administrative penalties. A location at which a manufactured home is shown to the public or at which the home is offered for sale or exchange by a retailer to consumers requires a bond. In that instance, the director shall issue the same order for corrective action to the retailer with a new time frame not to exceed 10 days unless additional time is needed for compliance upon a showing of good cause. Currently, Denton County has 14,626 mobile homes registered with the Texas Department of Housing and Community Affairs (TDHCA).TDHCA maintains the official state records (called Statements of Ownership and Location (SOL)) regarding the ownership, location, lien status, and status as real property or personal property.. Sec. Acts 2007, 80th Leg., R.S., Ch. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. 863 (H.B. 49, eff. 77 (H.B. Amended by Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Before you buy or sell a used manufactured home, you should check the TDHCA ownership and lien information. September 1, 2009. September 1, 2017. 85(1), eff. 20, eff. FORMALDEHYDE HEALTH NOTICE. An incomplete application can also delay processing. 2438), Sec. and. 1201.056. INFORMATION ON OWNERSHIP AND TAX LIEN. Homestead Exemption for Manufactured Home - last updated April 14, 2021 Manufactured Housing Division - Online Statement of Ownership Application System. 3361), Sec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Added by Acts 2001, 77th Leg., ch. January 1, 2008. (3) shall comply with all applicable provisions of the Finance Code. 1460), Sec. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. (b) The state plan described by Subsection (a)(2) must provide for a third-party inspection agency approved by the United States Department of Housing and Urban Development to act as an in-plant inspection agency. 1201.101. HABITABILITY. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. ADVERTISEMENT AS OFFER. Amended by Acts 2003, 78th Leg., ch. (b) If the department needs additional information for the renewal application or verification of continuing insurance or bond coverage, the license holder must provide the requested information or verification not later than the 20th day after the date of receipt of notice from the department. June 18, 2003. (e) In determining the amount of actual damages under this section, the director shall make an independent inquiry as to the damages actually incurred, unless the damages have been previously established through a contested trial. (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. Acts 2005, 79th Leg., Ch. (c) The retailer may not retain more than five percent of the estimated cash price of the specially ordered home and must refund any amount that exceeds five percent. 1201.452. 1095 (H.B. 408 (H.B. (b) On payment of the required inspection fee, the manufacturer, retailer, or installer may request the department to perform a consumer complaint home inspection if the manufacturer, retailer, or installer: (1) believes the consumer's complaints are not covered by the warranty of the manufacturer, retailer, or installer, as applicable; (2) believes that the warranty service was properly provided; or. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. (4) "Identification number" means the number permanently attached to or imprinted on a manufactured home or section of the home as prescribed by department rule. 1201.051. (d) Notwithstanding any other provision of this section, the department may make an inspection at any time if it believes that there is a reasonable possibility that a condition exists that would present an imminent threat to health or safety. Amended by Acts 2003, 78th Leg., ch. ); and. SUBCHAPTER I. Acts 2017, 85th Leg., R.S., Ch. on the tax rolls separately. September 1, 2013. (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. 2019), Sec. 1201.362. An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted unless the municipality in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received. Manufactured housing is habitable only if: (1) there is no defect or deterioration in or damage to the home that creates a dangerous situation; (2) the plumbing, heating, and electrical systems are in safe working order; (A) free from a substantial opening that was not designed; and. ELECTRONIC PUBLIC RECORDS REQUIRED. June 18, 2005. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. 2019), Sec. 1460), Sec. In accordance with Section 1201.204, the retailer shall surrender to the department the original manufacturer's statement of origin at the same time that the retailer applies for the first statement of ownership. The definition of a manufactured home per section 32.015 of the Texas Property Tax Code is: (c) A manufactured home has the meaning assigned by section 1201.003 of the Occupations Code. 863 (H.B. (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. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. . TDHCA Info. 338, Sec. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 18, eff. 41, eff. June 18, 2005. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. Added by Acts 2001, 77th Leg., ch. (4) the name and address of the manufacturer or retailer to whom the consumer is to give notice of a warranty service request. D. IVISION. If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods and any right of rescission, and bears the signature of all of the consumers entitled to the disclosures and right of rescission. (b) Not later than the 60th day after the effective date of the transfer of ownership or the date the seller or transferor obtains possession of the necessary and properly executed documents, the seller or transferor shall forward to the purchaser or transferee the necessary, executed documents. (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.