If required by law or otherwise necessary, the director may obtain an inspection search warrant. 1510), Sec. 85(8), eff. Acts 2013, 83rd Leg., R.S., Ch. 2438), Sec. Acts 2009, 81st Leg., R.S., Ch. 1801 Congress Ave . A seal is the property of the department. Acts 2013, 83rd Leg., R.S., Ch. 530 (S.B. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. 1510), Sec. 1421, Sec. If there is an existing lien on the new manufactured home perfected with the department, the owner of the lien is entitled to recover the value of the lien from the retailer. 4 (S.B. Amended by Acts 2003, 78th Leg., ch. 408 (H.B. (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction. Breaking a lease due to disability can also be costly. Sec. 3.15, eff. Sec. (e) The applicant shall pay the cost of a criminal history check under this section. Questions or comments, please call 1-800-500-7074. (11) failed to pay the required fee to obtain or renew a license. June 1, 2003. 1201.256. (A) is engaged in the business of buying for resale, selling, or exchanging manufactured homes or offering manufactured homes for sale or exchange to consumers, including a person who maintains a location for the display of manufactured homes; and. (a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if: (1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date; and. (3) is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property. The fee for a single is $35, doublewide is $70, and triple wide is $105. (31) Repealed by Acts 2017, 85th Leg., R.S., Ch. 25, eff. RULES RELATING TO COMPLIANCE WITH NATIONAL STANDARDS FOR MANUFACTURED HOUSING CONSTRUCTION AND SAFETY; STATE PLAN. 863 (H.B. 408 (H.B. (c)The owner of land that qualifies as a residence homestead under this section is 1095 (H.B. Fort Worth, TX 76196. 2019), Sec. The board shall issue an order after receiving a proposal for decision. COOPERATION WITH LOCAL GOVERNMENTAL UNITS. Sec. 35, eff. Active Inactive All. Texas quit using paper titles to prove ownership of mobile homes in 2003, replacing it with electronic SOLs. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. (a) A retailer or manufacturer may not transfer ownership of a HUD-code manufactured home or otherwise sell, assign, or convey a HUD-code manufactured home to a consumer unless the retailer or manufacturer delivers to the consumer a formaldehyde health notice, subject to the director's rules concerning the notice. 16, eff. September 1, 2017. 85(5), eff. 28, 51, eff. January 1, 2008. Click here to access an Open Records Request form. 1460), Sec. CEASE AND DESIST. (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. . 408 (H.B. (b) If a bond is filed, the bond must be issued by a company authorized to do business in this state and must conform to applicable provisions of the Insurance Code. Acts 2007, 80th Leg., R.S., Ch. 1510), Sec. 1284 (H.B. 77 (H.B. 1421, Sec. September 1, 2017. 3361), Sec. 338, Sec. 408 (H.B. (23) "Related person" means a person who: (A) directly participates in management or policy decisions; and. Sending a fax to 512-475-1109. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. 24, eff. Acts 2017, 85th Leg., R.S., Ch. Bush State Office Building. The form shall also conspicuously disclose the consumer's right of rescission. The first step to writing a bill of sale is to first come to a terms agreement between the buyer and seller, which includes the price of the mobile home. Questions or comments, please call 1-800-500-7074. (2) except as provided by Section 1201.2055(h), the home is no longer a manufactured home for purposes of regulation under this chapter or of recordation of liens, including tax liens. 408 (H.B. September 1, 2009. June 18, 2003. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. A retailer may require a deposit on a specially ordered manufactured home. (b) A retailer may not sell or exchange, or offer to sell or exchange, a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. The Statement of Ownership is what confirms ownership and liens recorded with the Department. The department shall maintain on file a security other than a bond canceled as provided by Section 1201.109(a) until the later of: (1) the second anniversary of the date the manufacturer, retailer, broker, or installer ceases doing business; or. 1284 (H.B. Sec. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. The program must place priority on inspecting multisection homes and homes installed in Wind Zone II counties. 338, Sec. (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. 3361), Sec. 2, eff. On the Statement of Ownership application form on the TDHCA website, check Used under Personal Property Transaction on Block 1, check personal property on Blocks 2-6, and only fill out Block 7 if the home is being designated as Non-Residential or Salvage. 1460), Sec. P.O. Here's part three of Fox News Digital's list of the most bizarre and . contract or agreement; and. Added by Acts 2001, 77th Leg., ch. The board, with the advice of the advisory committee to be established under Section 1201.251, shall adopt rules to establish what constitutes a sufficient number of installations under this subsection. 77 (H.B. 1460), Sec. 14, eff. (f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. (32) "Used manufactured home" means a manufactured home which has been occupied for any use or for which a statement of ownership has been issued. (2) no additional issuance of a statement of ownership is required with respect to the manufactured home, unless: (A) the home is moved from the location specified on the statement of ownership; (B) the real property election is changed; or. Added by Acts 2001, 77th Leg., ch. If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty. 1201.407. (h) The provisions of this chapter relating to the construction or installation of a manufactured home or to warranties for a manufactured home apply to a home regardless of whether the home is considered to be real or personal property. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; (29) "Standards code" means the Texas Manufactured Housing Standards Code. 30, eff. 863 (H.B. (3)the applicant demonstrates ownership of the manufactured home under Subsection A temporary location for a bona fide trade show sponsored by a nonprofit corporation that qualifies for an exemption from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c) of that code does not require a bond. 1201.461. 863 (H.B. 2019), Sec. 1201.152. (a) An applicant for a license as a manufacturer, retailer, broker, or installer must file with the director a license application containing: (1) the legal name, address, and telephone number of the applicant and each person who will be a related person at the time the requested license is issued; (2) all trade names, and the names of all other business organizations, under which the applicant does business subject to this chapter, the name of each such business organization registered with the secretary of state, and the address of such business organization; (3) the dates on which the applicant became the owner and operator of the business; and. (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. (i) constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; (iii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; (iv) transportable in one or more sections; and. Application . Added by Acts 2007, 80th Leg., R.S., Ch. The term does not include educational material or material required by law. A lien recorded with the department has priority, according to the chronological order of recordation, over another lien or claim against the manufactured home. 33, eff. Acts 2007, 80th Leg., R.S., Ch. 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. The period for the performance of any required warranty work may be shortened by the director as much as is feasible if the warranty work is believed necessary to address a possible imminent threat to health or safety. If a mobile home is replaced by a HUD-code manufactured home in the municipality, the municipality shall grant a permit for use of the manufactured home as a dwelling in the municipality. January 1, 2008. (512) 389-4800. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. 2.001. (a) The department shall administer the manufactured homeowner consumer claims program to provide a remedy for damages resulting from prohibited conduct by a person licensed under this chapter. 944), Sec. 2, eff. Acts 2013, 83rd Leg., R.S., Ch. 408 (H.B. (c) Installation of a manufactured home considered to be real property under this chapter must occur in a manner that satisfies the lending requirements of the Federal Housing Administration (FHA), Fannie Mae, or Freddie Mac for long-term mortgage loans or for FHA insurance. (2) present at the next board meeting an analysis detailing whether the need for the rule, process, or policy change justifies the increase. If for any reason the retailer does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. (f) The fee described by Subsection (c) must accompany notice to the department of the exact location of the mobile or HUD-code manufactured home. June 1, 2003. 2019), Sec. (b) The department shall adopt rules for the application for and automatic issuance of a statement of ownership of a manufactured home described by Subsection (a). LICENSE EXPIRATION. The director shall record the date and time of receipt of each verified complaint and, as money becomes available, pay the consumer whose claim is the earliest by date and time to have been found to be verified and properly payable. Sept. 1, 2003. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. 12, eff. 2238), Sec. (c) A person who is eligible for an exemption under this section remains subject to the other applicable provisions of this subchapter regarding the sale of manufactured homes. 2019), Sec. 14A.258(a), eff. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . 1201.164. 863 (H.B. The TDHCA will review the initial Statement of Ownership application. September 1, 2017. 408 (H.B. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting September 1, 2017. Acts 2013, 83rd Leg., R.S., Ch. 2019), Sec. 3361), Sec. 1460), Sec. 73(a)(3), eff. 1, eff. 408 (H.B. September 1, 2013. * Note: These forms are available as Add-Ons to your existing TMHA Membership. 46 (H.B. 1, eff. 1201.509. June 1, 2003. June 18, 2003. 338, Sec. Sec. 3.16, eff. (d) A person charged with a penalty who is financially unable to comply with Subsection (c)(2) is entitled to judicial review if the person files with the court, as part of the person's petition for judicial review, a sworn statement that the person is unable to meet the requirements of that subsection. September 1, 2013. (a) Except as otherwise provided by Subchapter C, a payment made under the manufactured homeowner consumer claims program shall be paid directly to a consumer or, at the director's option, to a third party on behalf of a consumer to compensate a consumer who sustains actual damages resulting from an unsatisfied claim against a licensed manufacturer, retailer, broker, or installer if the unsatisfied claim results from a violation of: (3) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (a-1)An appraisal district may rely upon the computer records of the Texas Department September 1, 2021. This form is available by subscription . Sec. 1201.409. (c) The holder of the debt instrument is entitled to full indemnity from the retailer or manufacturer for a claim based on an act or omission of the retailer or manufacturer. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 1284 (H.B. September 1, 2009. 1284 (H.B. The Texas Department of Housing and Community Affairs' (Department's) Manufactured Housing Division (Division) effectively processes and issues Statements of Ownership and Location (SOLs) in accordance with State rules and division policies, and tracks corrections to the SOLs for use in identifying . 2, eff. September 1, 2017. If the examination failure rate exceeds 25 percent, the board shall: (1) review the examination and the examination procedures; and. Sec. To replace the title with a personal property Statement of Ownership and Location, you will need to submit an SOL application and the original title document. DISCLAIMER OF IMPLIED WARRANTY. 2238), Sec. Acts 2005, 79th Leg., Ch. 1, eff. 12, eff. 408 (H.B. 13, eff. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. (b)The land on which a manufactured home is located qualifies as a residence homestead 26, eff. 1201.404. 2019), Sec. (a-4) An applicant for a joint installer-retailer license must comply with Subsections (a-2) and (a-3), for a total of eight hours of specialized instruction. 1460), Sec. (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. Acts 2017, 85th Leg., R.S., Ch. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104. 338, Sec. January 1, 2008. The director shall prepare information for notifying consumers of their rights to recover under the manufactured homeowner consumer claims program, shall post the information on the department's website, and shall make printed copies available on request. 499), Sec. 1460), Sec. A manufacturer, retailer, broker, installer, or lienholder may not repair or otherwise alter a used manufactured home or replace a component or system of a used manufactured home in a way that makes the home not habitable. (d) The board shall charge a fee for a consumer complaint home inspection requested by a manufacturer or retailer under Section 1201.355(b), to be paid by the manufacturer or retailer. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. 408 (H.B. 338, Sec. Sec. 60, eff. (b) Except as provided by Subsection (a) and subject to Subsection (d), a lien on a manufactured home is perfected only by filing with the department the notice of lien on a form provided by the department. 1284 (H.B. ISSUANCE OF STATEMENT OF OWNERSHIP. Today, the Statement of Ownership confirms the manufactured home's ownership and any liens. 338, Sec. 1201.351. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. (a) A person's violation of this chapter or the failure by a manufacturer, installer, or retailer to comply with an implied warranty is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code. A violation of this subsection is a Class B misdemeanor. 2, eff. if (document.images) { In this Buying a Mobile Home in Texas: Everything You Need to Know, Application for Statement of Ownership and Location (SOL), Manufactured Home Ownership Records database, Questions To Ask When Buying A Used Mobile Home. 14, eff. (a) Notwithstanding Section 1201.151 or 1201.1521, a retailer may collect from a consumer in advance or deduct from the consumer's deposit or down payment any expenses incurred by the retailer if, after receiving a conditional notification of approval from a lender chosen by the consumer, the consumer: (1) contracts with the retailer to arrange for services that are performed by an appraiser of real property or a title company in connection with real property that will be included in the purchase or exchange or is intended to be pledged by the consumer as collateral for the consumer's purchase or exchange of a manufactured home; (2) is provided notice of laws relating to rescission and real property appraisal and title work expenses before signing the contract for real property appraisal and title work services; and. (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. Sec. (c) A broker shall provide any person who engages the broker's services with a written disclosure of which interests in the transaction, if any, the broker represents. The Texas Department of Housing and Community Affairs (TDHCA) issues a Statement of Ownership instead of a mobile home title to homeowners when transferring or selling a mobile home. 1201.003. 1270 (H.B. (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. } Sec. (6) a tax lien was filed and recorded under Section 1201.219 and the lien has not been extinguished. for ownership and tax lien information before March 1982. Processing takes about 15 business days, but the applicant can pay an additional $55 service fee to process it within five business days from receipt. January 1, 2008. (a) In a transaction that is to be financed and that will not be subject to the federal Real Estate Settlement Procedures Act of 1974 (Pub. (2) a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement. Sec. (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.
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