Section 1601 et seq. Added by Acts 2001, 77th Leg., ch. 1079 (H.B. Sec. (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. (5) if administration of an estate is not necessary, an affidavit by all of the heirs at law showing: (A) that administration is not necessary; and. COMPLIANCE NOT REQUIRED FOR SALE FOR COLLECTION OF DELINQUENT TAXES. 863 (H.B. (a) Sections 1201.204, 1201.205, 1201.206, and 1201.207 do not apply to the purchase of a manufactured home that is purchased by a federal governmental agency and used to provide temporary housing in response to a natural disaster or other declared emergency. (b) A lien recorded before March 1, 1982, with the Texas Department of Transportation or a predecessor agency of that department is recorded with the department for the purposes of this chapter. Here's part three of Fox News Digital's list of the most bizarre and . The department may suspend or revoke the license of a retailer who fails to satisfy a perfected inventory lien. Sec. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 1201.461. * Note: These forms are available as Add-Ons to your existing TMHA Membership. September 1, 2017. Sec. Acts 2007, 80th Leg., R.S., Ch. 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. STATE INSPECTORS. (B) the addition of an appliance that requires plug-in to an electrical receptacle and that was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which the appliance is connected. 41, eff. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. 85(5), eff. 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. 2238), Sec. (2) the holder of a lien or security interest of record. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1201.062. Once the department issues a statement of ownership, the department shall not alter the record of the ownership or lien status, other than to change the record to accurately reflect the proper owner's or lienholder's identity or to release a lien if an authorized lienholder files with the department a request for that release, of a manufactured home for any activity occurring before the issuance of the statement of ownership without either the written permission of the owner of record for the manufactured home, their legal representative, or a court order. 46 (H.B. To make the necessary corrections, owners must provide the identification numbers of the manufactured home, such as a HUD Label, a Texas seal and/or serial number, and information about the corrections required. (d) A retailer who sells a manufactured home constructed on or after September 1, 1997, to Wind Zone I standards must, before the execution of a mutually binding sales agreement or retail installment sales contract, give the consumer notice that: (1) the home was not designed or constructed to withstand a hurricane force wind occurring in a Wind Zone II or III area; (2) installation of the home is not permitted in a Wind Zone II county in this state; and. January 1, 2008. June 18, 2003. 3, eff. Section 5401 et seq. 20, eff. (b) The director may suspend or revoke a license if, after receiving notice of a claim, the license holder or the license holder's surety fails or refuses to pay a final claim paid under the manufactured homeowner consumer claims program for which demand for reimbursement was made. 7, eff. January 1, 2008. 2019), Sec. 2, eff. 2019), Sec. The department shall cooperate with all local governmental units in this state. 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. 15, eff. (a) The manufacturer of a new HUD-code manufactured home shall warrant, in a separate written document, that: (1) the home is constructed or assembled in accordance with all building codes, standards, requirements, and regulations prescribed by the United States Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 1201.164. DECEPTIVE TRADE PRACTICES. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. (b) To be installed in a Wind Zone II county, a manufactured home constructed on or after September 1, 1997, must meet the Wind Zone II standards adopted by the United States Department of Housing and Urban Development. The consumer shall continue to have the right of rescission with regard to the retailer until the end of the third day after the retailer delivers a copy of the disclosure required by Subsection (a). The warranty for the installation of a new HUD-code manufactured home is to be given by the retailer, who is responsible for installation. 1460), Sec. 17, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sec. September 1, 2017. 77 (H.B. A hearing of an appeal of an order of suspension issued under Subsection (f) shall be held not later than the 15th day after the date of receipt of the notice of appeal. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. (3) another state may prohibit installation of the home in a Wind Zone II or III area. Added by Acts 2003, 78th Leg., ch. 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. statement of ownership manufactured home; texas department of housing and community affairs manufactured housing division; texas mobile home . 863 (H.B. (a) Nothing in this chapter shall limit the ability of the department to inspect a manufactured home at any time. Acts 2009, 81st Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (b) The department shall cooperate with the Texas Department of Motor Vehicles by providing current lists of licensed manufacturers, retailers, and installers. Departments inside JCPenney stores include Mens, Womens, Boys, Girls, Baby, Bedding, Home, Fine Jewelry, Shoes, Lingerie, The Salon by InStyle, JCPenney Beauty, as well as leased departments such as Seattle's Best . 2438), Sec. 1201.001. (c) If the department issues a statement of ownership to an owner of a manufactured home treated as personal property, the statement of ownership on file with the department is evidence of ownership of the home. Added by Acts 2001, 77th Leg., ch. Sec. 10, eff. 1, eff. Acts 2005, 79th Leg., Ch. 408 (H.B. H. OUSING . 8(2), eff. CEASE AND DESIST. September 1, 2017. SALVAGED MANUFACTURED HOME; CRIMINAL PENALTY. 15, eff. Check out the following resources from the Texas Department of Housing Housing and Community Affairs: Consumer Info Brochure. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. 46 (H.B. 1201.455. If the person fails to complete such course successfully and in a timely manner, the person's license is automatically suspended until the person successfully completes the course. 408 (H.B. Sec. 1460), Sec. September 1, 2017. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. (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. (h) The department shall remove from a manufactured home's statement of ownership a reference to any tax lien delinquent more than four years for which no suit has been timely filed in accordance with Section 33.05(a)(1), Tax Code, if: (1) a tax collector confirms no suit has been filed; or, (A) has submitted to a tax collector two requests under Subsection (g) sent not fewer than 15 days apart; and. June 18, 2003; Acts 2003, 78th Leg., ch. 2, eff. (c) A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond. (a) Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home. Sec. September 1, 2013. Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. (k) Notwithstanding any provision in this chapter to the contrary, if a person has acquired a manufactured home and the owner of record or any intervening owners of liens or equitable interests cannot be located to assist in documenting the chain of title, the department may issue a statement of ownership to the person claiming ownership if the person can provide a supporting affidavit describing the chain of title and such reasonable supporting proof as the director may require. Acts 2017, 85th Leg., R.S., Ch. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. 863 (H.B. 1276, Sec. Acts 2009, 81st Leg., R.S., Ch. (4) "Attached" in reference to a manufactured home means that the home has been: (A) installed in compliance with the rules of the department; and. If the consumer grants a person other than the retailer a lien on the manufactured home, the right of rescission shall immediately cease on the filing of the lien with the department. 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. (a) If the ownership of a manufactured home in this state is transferred by inheritance, devise, or bequest, by bankruptcy, receivership, judicial sale, or other involuntary divestiture of ownership, or by any other operation of law, the department shall issue a new statement of ownership after receiving a copy of: (1) the order or bill of sale from an officer making a judicial sale; (2) the order appointing a temporary administrator; (4) the letters testamentary or the letters of administration; or. Amended by Acts 2003, 78th Leg., ch. 39, eff. (b) If an unlicensed retailer, broker, or installer enters into a contract with a consumer concerning a manufactured home, the consumer may void the contract until the second anniversary of the date of purchase of the home. September 1, 2013. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. January 1, 2008. 59, eff. 1460), Sec. 1201.511. 98, eff. (a-2) An applicant for a retailer's license must complete four hours of specialized instruction relevant to the sale and exchange of manufactured homes. September 1, 2011. Failure to include the original manufacturer's certificate with such an application does not impair a consumer's ability to obtain, on submittal of an otherwise complete application, a statement of ownership free and clear of any liens other than liens created by or consented to by the consumer. 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. (b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 408 (H.B. 408 (H.B. SHORT TITLE. 408 (H.B. June 18, 2003. (a-1) Notwithstanding Subsection (a), the department may not require an inspection for habitability before issuing a statement of ownership with respect to a manufactured home if the home is being sold to or ownership is otherwise being transferred to a retailer. // LiaJavaInput (b) A salesperson may not submit to a retailer information known to be false or misleading. 1460), Sec. A licensed salesperson may not participate in a sale of a manufactured home unless the sale is through the retailer or broker who sponsored the salesperson's application as required by Section 1201.103(d). 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. June 18, 2005. 2019), Sec. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. 1420), Sec. September 1, 2013. 66, eff. 1460), Sec. (512) 389-4800. 1201.006. June 18, 2005. This chapter does not: (1) modify or amend Chapter 1101 or 1102; or. Sec. 408 (H.B. 1201.060. September 1, 2011. (2) money stated to be a down payment in an executed retail sales contract. and. Acts 2013, 83rd Leg., R.S., Ch. (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. 1460), Sec. 408 (H.B. 3361), Sec. June 18, 2003. 1276, Sec. PROCEDURE FOR RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. An owner may elect to treat a manufactured home as real property only if the home is attached to: (1) real property that is owned by the owner of the home; or. 3.03, eff. The Louisiana Manufactured Housing Association (LMHA) is a nonprofit trade association formed in 1966 to preserve and promote the manufacutured and modular housing industry in the State of Louisiana. 35, eff. Acts 2007, 80th Leg., R.S., Ch. Sec. Sec. If feasible, any action required under this chapter may be accomplished by electronic means. 3.13, eff. 1201.103. (b) An offense under this section is a Class A misdemeanor punishable by: (2) confinement in county jail for a term of not more than one year; or. (b) A judgment obtained in the primary suit against the retailer or manufacturer is conclusive proof as to the holder of the debt instrument and admissible in an action by the consumer against the holder only if the consumer joins the holder in the primary suit. 1201.115. home. 29, eff. (a) The director may issue without notice and hearing an order to cease and desist from continuing a particular action or an order to take affirmative action, or both, to enforce compliance with this chapter if the director has reasonable cause to believe that a person has violated or is about to violate any provision of this chapter or a rule adopted under this chapter. (3) assist the consumer in the delivery or installation of, or in making arrangements for the delivery or installation of, the home to or at a homesite in that area. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 19, eff. 863 (H.B. 1201.513. Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. of Housing and Community Affairs to verify an applicant's ownership of a manufactured Section 5401 et seq. (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). 77, Sec. Sec. Tarrant County Tax Office. A. (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. June 18, 2005. (16) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. 2238), Sec. (f) If a salvaged manufactured home is rebuilt in accordance with this chapter and the rules of the director, the director shall, on application, issue a new statement of ownership that indicates that the home is no longer salvaged. (b) Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale. (18) "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. (B) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. 863 (H.B. Stay up-to-date with how the law affects your life. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. 1201.2075. 2, eff. The owner must apply for this document within 60 days of the sale date or risk incurring a late fee and a delay of the statement's issuance. Added by Acts 2001, 77th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (a) The manufacturer's and retailer's warranties do not apply to any defect or damage caused by moving a new HUD-code manufactured home from the initial installation site. Amended by Acts 2003, 78th Leg., ch. 11, eff. 2019), Sec. No part of the down payment on the purchase of the manufactured home or any fees, points, or other charges or "buy-downs" may be paid from money from the seller of the real property or a person acting on the seller's behalf. (c) A person may not offer to negotiate or negotiate for others a bargain or contract for the sale or exchange of two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a broker's license. 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 2019), Sec. 863 (H.B. The members of the committee shall have no personal liability for providing this advice. (5) the department in the manner provided by Subsection (h). (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. 410 (S.B. September 1, 2017. (b) A licensee shall notify the department of a change described by Subsection (a) not later than the 10th day before the date the change occurs. If you have any questions, feel free to contact us today. (a) A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety. June 1, 2003. (b) If a combination warranty is given under this section, the manufacturer and retailer are not required to give separate written warranties, but the manufacturer and retailer are jointly liable with the seller of the real property to the purchaser for the performance of their respective warranty obligations. Acts 2013, 83rd Leg., R.S., Ch. 13, eff. If, before the 31st day after the date a person receives notice of the imposition of an administrative penalty, the person requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. 1421, Sec. 1, eff. 48, eff. 408 (H.B. 3361), Sec. Acts 2017, 85th Leg., R.S., Ch. (2) a "warehouseman" under Chapter 24, Property Code. (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 Jan. 1, 2004. 85(1), eff. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. The Texas SOL application will help transfer the home from the current seller to the new buyer. 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. (d) The director may impose an administrative penalty in accordance with this section. (c) After the first retail sale of a manufactured home, the retailer must submit the original manufacturer's certificate for that home to the department. Amended by Acts 2003, 78th Leg., ch. Section 5401 et seq. If the consumer refuses to comply with the department's new order, the manufacturer, retailer, or installer, as applicable: (1) is discharged from the obligations imposed by the relevant department orders; (2) has no liability to the consumer with regard to that warranty; and. 2019), Sec. 37, eff. 1201.108. When a manufactured home changed hands, the new owner had to apply to the Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs for the title transfer, and the agency would issue a new title. 2238), Sec. Homestead Exemption for Manufactured Home on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Sec. 338, Sec. Such rules shall, to the extent practical, be modeled on the federal rules for the waiver of a right of rescission under 12 C.F.R. January 1, 2008. Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 2438), Sec. (23) "Related person" means a person who: (A) directly participates in management or policy decisions; and. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. June 18, 2003. FAILURE TO PROVIDE WARRANTY SERVICE. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. INSTRUCTION FEE. 85(3), eff. ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". AMOUNT OF FEES. 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. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MANUFACTURED HOUSING DIVISION Check Status Print STATUS INCOMPLETE P. O. 39, eff. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT. The heart of the home is its large living room and kitchen/dining area. 1, eff. Acts 2005, 79th Leg., Ch. (c) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) punitive, exemplary, double, or treble damages; or. Failure by the retailer to comply with the disclosure provisions of this section does not affect the validity of a subsequent conveyance or transfer of title of a manufactured home or otherwise impair a title or lien position of a person other than the retailer. September 1, 2017. 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. June 18, 2003. 1421, Sec. (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company pays the full insured value of the home. Sec. A licensed salesperson may work only for the salesperson's sponsoring retailer or broker. 1201.217. 28, 51, eff. January 1, 2008. if (document.images) { 1201.054. TITLE 7. (2) for a foreclosed constitutional or statutory lien, if the person entitled to the lien files an affidavit showing the creation of the lien and the resulting divestiture of title according to law. 77 (H.B. 2438), Sec. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104. June 18, 2005. Sec. 408 (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. (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. (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. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . Acts 2009, 81st Leg., R.S., Ch. 2019), Sec. (C) without paying the amount of the penalty or posting the supersedeas bond, pursue judicial review. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. . 338, Sec. The disclosure shall be in at least 12-point type and must address matters of concern relating to costs and obligations that may be associated with home ownership, matters to be considered in making financing decisions, related costs that may arise when purchasing a manufactured home, and such other matters as the board may deem appropriate to promote informed purchase, financing, and related decisions regarding the acquisition and ownership of a manufactured home. How to File for a Homestead Exemption in Texas, How to Transfer a Land Title in Bexar County, Texas, Applying for a Statement of Ownership (PDF), Texas Department of Housing and Community Affairs, Manufactured Housing Division: Frequently Asked Questions: Statement of Ownership and Location, Texas Department of Housing and Community Affairs, Manufactured Housing Division:Statement of Ownership and Location (SOL) Application Instructions, Texas Department of Housing and Community Affairs, Manufactured Housing Division: Consumer Protection and General Information, Texas Department of Housing and Community Affairs, Manufactured Housing Division: APPLICATION FOR STATEMENT OF OWNERSHIP. 5, eff. Sell Lease . 863 (H.B. 1421, Sec. June 18, 2003. 2438), Sec. 1135 (H.B. In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community Affairs - Manufactured Housing Division as provided by law. (b) The department shall make the report required by this section available to the public on the department's Internet website in a searchable and downloadable format. (b) Completion of an approved continuing education program described by Subsection (a) is a prerequisite to renewal of a license. 3361), Sec. (c) The department shall issue a new statement of ownership to a survivor if: (1) an agreement providing for a right of survivorship is signed by two or more eligible persons, as determined under Section 1201.213; and. 338, Sec. The fee for a single is $35, doublewide is $70, and triple wide is $105. 1460), Sec. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. 32, eff. Sec. (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction.
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