10, eff. If a license suspension is probated, the department may require the person to: (1) report regularly to the department on matters that are the basis of the probation; (2) limit practice to the areas prescribed by the department; or. CONSUMER WAIVER VOID. Acts 2017, 85th Leg., R.S., Ch. SUBCHAPTER J. The reasonableness of the insurer's judgment that the cost of repairing the home would exceed the full insured value of the home does not affect whether the home is salvaged. 338, Sec. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. 30, eff. 2019), Sec. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . 1201.459. (a)Except as provided by Subsection (a-1), for a manufactured home to qualify as Acts 2007, 80th Leg., R.S., Ch. INSPECTION BY LOCAL GOVERNMENTAL UNITS. Acts 2013, 83rd Leg., R.S., Ch. 408 (H.B. Sec. Sec. June 18, 2005. (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. Amended by Acts 2003, 78th Leg., ch. (b) If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement. 35, eff. 28, eff. 7, eff. Acts 2017, 85th Leg., R.S., Ch. (b) Repealed by Acts 2005, 79th Leg., Ch. Section 5401 et seq. 1201.107. 863 (H.B. 1201.162. Amended by Acts 2003, 78th Leg., ch. Once the agency approves the application, it issues the Statement of Ownership. 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. Sec. January 1, 2008. September 1, 2017. (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. 1201.110. Box 4663Houston, Texas 77210 Email: manufacturedhome@tax.hctx.net, 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. 408 (H.B. If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents. 2, eff. (c) The department may carry out "sting" or undercover investigations in accordance with board-adopted rules if the director believes such action to be appropriate in order to detect and address suspected violations of this chapter. September 1, 2017. 2, eff. 1201.216. 2019), Sec. 863 (H.B. Sept. 1, 2003. 36, eff. 3.10, eff. 2, eff. 2438), Sec. September 1, 2009. January 1, 2008. A retailer or broker may not employ or otherwise use the services of a salesperson who is not licensed. Acts 2007, 80th Leg., R.S., Ch. (a) The department may inspect a licensee's records during normal business hours without advance notice if the director believes that such inspection is necessary to prevent a violation of this chapter, to protect a consumer or another licensee, or to assist another state or federal agency in an investigation. 1, eff. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. 67, eff. Fort Worth, TX 76196. Sec. 2019), Sec. Acts 2013, 83rd Leg., R.S., Ch. June 18, 2003. 46, eff. Sec. 20, 21, eff. January 1, 2008. January 1, 2008. 4, eff. The real property owner must disclose to the record owner, lienholder, tax assessor-collector, or intervening owner seeking to remove the home the location of the home and grant the person reasonable access to the home. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 1460), Sec. 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. A statement of ownership must be evidenced by a board-approved form issued by the department setting forth: (1) the name and address of the seller and the name and, if it is different from the location of the home, the mailing address of the new owner; (2) the manufacturer's name and address and any model designation, if available; (3) in accordance with the board's rules: (A) the outside dimensions of the manufactured home when installed for occupancy, as measured to the nearest one-half foot at the base of the home, exclusive of the tongue or other towing device; and. Whether or not the individual ceased further activity is up for debate. The mobile home's lien information changes. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. 65, eff. Acts 2007, 80th Leg., R.S., Ch. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Contact us. Acts 2009, 81st Leg., R.S., Ch. (a) Not later than the 10th day after the date of a consumer complaint home inspection, the department shall send a written report and any order to the consumer, manufacturer, retailer, and installer by certified mail, return receipt requested. June 1, 2003. (c) Before closing on the acquisition of a new or used manufactured home for use as a permanent dwelling in this state, a consumer seeking to acquire the home must provide to the retailer, broker, or salesperson selling or exchanging the home satisfactory evidence that the home will not be located, in a manner that violates local, state, or federal law, on a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. 2, eff. 2, eff. Acts 2011, 82nd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. 14A.261(a), eff. 408 (H.B. 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. 85(2), eff. 1276, Sec. 408 (H.B. 11, eff. (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. The department may not charge a fee for the inspection. 1, eff. How to Locate Mobile Home Titles in Texas. 2, eff. Acts 2017, 85th Leg., R.S., Ch. } Sec. Sec. The department may not refuse to issue a statement of ownership and may not suspend or revoke a statement of ownership unless: (1) the application for issuance of the statement of ownership contains a false or fraudulent statement, the applicant failed to provide information required by the director, or the applicant is not entitled to issuance of the statement of ownership; (2) the director has reason to believe that the manufactured home is stolen or unlawfully converted, or the issuance of a statement of ownership would defraud the owner or a lienholder of the manufactured home; (3) the director has reason to believe that the manufactured home is salvaged, and an application for the issuance of a new statement of ownership that indicates that the home is salvaged has not been filed; (5) the state sales and use tax has not been paid in accordance with Chapter 158, Tax Code, and Section 1201.208; or. (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. 1421, Sec. housing division of the Texas Department of Housing and Community Affairs under Section 1201.207, Occupations Code, showing that the individual applying for the exemption is the owner of the manufactured 1460), Sec. function dm(msgStr) { 5, eff. It was the latest slap after ice storms last week left more than 600,000 homes and businesses without power (c) The standards adopted under Subsection (a)(1) must ensure that manufactured housing installed on both permanent and nonpermanent foundation systems resists overturning and lateral movement, according to the design loads for the particular wind zone for which the housing was constructed. 1421, Sec. Sec. 1201.410. 408 (H.B. September 1, 2017. The home will need to pass an inspection conducted by a certified inspector, and the report will most likely be finished within 48 hours. Sept. 1, 2003. 3361), Sec. June 18, 2003; Acts 2003, 78th Leg., ch. ); and. Sec. (b-1) Notwithstanding any other law, a lien perfected with the department may be released only by filing a request for the release with the department on the form provided by the department or by following the department's procedures for electronic lien release on the department's Internet website. (d) A person may not act as an installer in this state unless the person holds an installer's license. 1201.105. The consumer may not recover more than the penalties provided by Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. 2019), Sec. September 1, 2017. 46 (H.B. ), Subchapter I, Chapter 16, Water Code, and any other applicable local, state, or federal law, and ensures the consumer's compliance with applicable law by requiring the evidence described by Subsection (c), a retailer, broker, or salesperson who sells or exchanges a new or used manufactured home to a consumer for use as a permanent dwelling in this state may not: (1) deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency; (2) install or arrange for the installation of the home at a homesite in that area; or. (c) Not later than the 30th day after the date on which the decision is final, the person charged shall: (2) if the person files a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both the fact of the violation and the amount of the penalty: (A) forward the amount assessed to the department for deposit in an escrow account; (B) in lieu of payment into escrow, post with the department a supersedeas bond for the amount of the penalty, in a form approved by the director and effective until judicial review of the decision is final; or. 1201.554. Acts 2011, 82nd Leg., 1st C.S., Ch. September 1, 2017. Such rules may also specify such procedures and requirements as the board may deem necessary and advisable for the administration of the manufactured homeowner consumer claims program. (c) The warrantor has the burden of proof to show that the defect or damage is caused by the move. (b) If part of the down payment is consideration other than cash, including a loan or trade-in, the retailer must expressly state that fact in the retail installment sales contract or other credit document. (2) the real property owner may declare the home abandoned and may apply to the department for a statement of ownership listing the real property owner as the owner of the manufactured home. Added by Acts 2007, 80th Leg., R.S., Ch. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. 45, eff. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. PROHIBITED SALE OR EXCHANGE. June 18, 2003. Login ID. 2, eff. (28) "Seal" means a device or insignia issued by the director that, for title purposes, is to be attached to a used manufactured home as required by the director. 14, eff. The department shall have the authority to enforce the collection of any fee from the seller through judicial means. 408 (H.B. SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. 2, eff. You may do so by searching our database on the web, or . The department shall require that the owner submit evidence that the home was relocated in accordance with the requirements of the Texas Department of Motor Vehicles. The following is a list of documents and information required by the Texas Department of Housing and Community Affairs as a filing requirement for a Statement of Ownership issued by the Department.1. A family relationship required by this subsection may be a relationship established by adoption. 1460), Sec. Sec. (c) The purchaser or transferee may not occupy or allow occupation of the home as a dwelling until the completion of any repair necessary to make the home habitable. Sec. 1510), Sec. Fill Out The Application For Statement Of Ownership - Texas Online And Print It Out For Free. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (g) When an application is filed for the issuance of a statement of ownership for a used manufactured home that is not in a retailer's inventory or is being converted from personal property to real property in accordance with Section 1201.2075, a statement from the tax assessor-collector for the taxing unit having power to tax the manufactured home shall also be filed with the department. (f) An applicant for an initial installer's license shall receive a license on a provisional basis. Amended by Acts 2003, 78th Leg., ch. Sec. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. 338, Sec. 338, Sec. Sec. 42, eff. 338, Sec. The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. (2) improve the general welfare and safety of purchasers of manufactured housing in this state. RETAILER AS WAREHOUSE. Sec. The Statement of Ownership specifies the legal owner of the property and the liens recorded with the department. 2019), Sec. (a) A licensed installer may employ unlicensed persons to assist in performing installation functions provided that the licensed installer maintains a list of the persons so employed. 1201.055. 2019), Sec. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . 85(3), eff. The Texas Department of Housing & Community Affairs (TDHCA) handles all transfers of manufactured housing. 61, eff. and from the rules and regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 46, Sec. } 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. (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. This form is available by subscription . January 1, 2008. 408 (H.B. 1201.254. 1079 (H.B. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. and. (c) The right of rescission described in Subsection (a) shall apply only to the sale transaction between the retailer and the consumer. (a) The director may assess against a person who fails to comply with this chapter, the rules adopted under this chapter, or any final order of the department an administrative penalty in an amount not to exceed $10,000 for each violation of this chapter and: (b) The director may assess against a licensee who fails to provide information to a consumer as required by this chapter an administrative penalty in an amount not to exceed: (2) $2,000 for the second violation; and. 1201.507. Current as of April 14, 2021 | Updated by FindLaw Staff. The information is kept online in a database for the state to keep track of all mobile homes regardless of their condition or age, mainly for tax purposes. 1460), Sec. (a) To recover under the manufactured homeowner consumer claims program, a consumer must file a written, sworn complaint in the form required by the director not later than the second anniversary of: (1) the date of the alleged act or omission causing the actual damages; or. The surety is not liable for successive claims in excess of the face value of the bond, regardless of the number of years the bond remains in force. 14, eff. TRANSFER OF OWNERSHIP BY OPERATION OF LAW. Acts 2017, 85th Leg., R.S., Ch. 46 (H.B. SEAL PROPERTY OF DEPARTMENT. September 1, 2017. if (showMsg) { 1201.512. 408 (H.B. The TDHCA will order an inspection to make sure the home is habitable for residents. June 18, 2005. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. 46 (H.B. Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . 23, eff. 1201.058. 1284 (H.B. (a) The director may employ state inspectors to: (1) carry out the functions the department is required to perform under this chapter; (3) enforce the rules adopted and orders issued under this chapter. 1460), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. June 1, 2003. (a) or the appraisal district determines the applicant's ownership under Subsection 9, eff. (e) The lists to be provided under this section may be provided electronically. 863 (H.B. January 1, 2008. September 1, 2017. 85(5), eff. Tarrant County Tax Office. 14A.256(a), eff. January 1, 2008. A double-wide is 2 sections of mobile home , and a triple-wide is 3 sections of mobile home. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . } The program is also responsible for park and dealer complaints; park, dealer and . //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; September 1, 2017. September 1, 2017. 2, eff. Acts 2017, 85th Leg., R.S., Ch. regardless of whether the applicant has elected to treat the manufactured home as 1460), Sec. (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. 2741), Sec. (b-1) As authorized by Section 1201.6041, the director may order a manufacturer, retailer, or installer, as applicable, to pay a refund directly to a consumer as part of an agreed order described by Subsection (b) instead of or in addition to instituting an administrative action under this chapter. June 18, 2003. Sec. 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 . 2238), Sec. (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. (a) A manufacturer's certificate must show: (1) on a form prescribed by the director, the original transfer of a manufactured home from the manufacturer to the retailer; and. (2) the home is habitable with respect to formaldehyde emissions. (7) "Business use" means the use of a manufactured home in conjunction with operating a business, for a purpose other than as a permanent or temporary residential dwelling. After June 2003, the TDHCA replaced the Certificate of Title with a Statement of Ownership and Location (SOL), which eventually became known as a Statement of Ownership. INFORMATION ON RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. (c) The department shall conduct a criminal history check of each applicant for a license or renewal of a license using information: (1) provided by the individual under this section; and. A lien, charge, or other encumbrance on a home treated as personal property may be made only by filing the appropriate document with the department. (b) To protect the public health, safety, and welfare and to ensure the availability of low cost manufactured housing for all consumers, the director shall adopt rules to: (1) protect the interests of consumers who occupy or want to purchase or install manufactured housing; and. 4, eff. (b) If requested, the board shall, after at least 10 days' notice, hold a hearing on any rule that it proposes to adopt, other than a rule that is to be adopted under emergency rulemaking, in which case only the requirements of Chapter 2001, Government Code, shall apply. 1, eff. Sec. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT.
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