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Manufactured Housing - License View Acts 2007, 80th Leg., R.S., Ch. (a) Except as provided by Subsection (g), as a requirement for a manufacturer's, retailer's, broker's, installer's, or salesperson's license, a person who was not licensed or registered with the department or a predecessor agency on September 1, 1987, must, not more than 12 months before applying for the person's first license under this chapter, attend and successfully complete eight hours of instruction in the law, including instruction in consumer protection regulations. Sec. Added by Acts 2003, 78th Leg., ch. (c) No test shall be given in relation to any continuing education program. (c) A notice of appeal and request for hearing must be filed with the director not later than the 30th day after the date of notice of the director's action. 51. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; (B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and. RULES RELATING TO CERTAIN PERSONS. 2438), Sec. 14A.257(b), eff. Texas Occupations Code - OCC 1201.2055 | FindLaw 2315), Sec. (2) the county in which the violation occurs. 408 (H.B. 19, eff. 5, eff. 1201.512. January 1, 2008. June 18, 2003. 4, eff. Judicial review of any order, decision, or determination of the board is instituted by filing a petition with a district court in Travis County as provided by Chapter 2001, Government Code. 1201.217. Added by Acts 2001, 77th Leg., ch. (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. Austin Texas Statement of Ownership and Location - Texas Department Of 408 (H.B. 408 (H.B. How to Transfer Ownership of a Mobile Home in Texas 1201.161. (i) was sold as a new manufactured home and installed but never occupied; (iii) was taken back from the consumer or transferee because of a first payment default or agreement to rescind or unwind the transaction. Sec. June 1, 2003. DISCLAIMER OF IMPLIED WARRANTY. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. Once all of the documents are signed, the buyer will need to register their new home with the DMV. PDF Application for Statement of Ownership (g) Repealed by Acts 2017, 85th Leg., R.S., Ch. HABITABILITY. (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. 408 (H.B. 73(a)(3), eff. 338, Sec. 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. 1201.202. June 18, 2005. The surety shall provide written notice to the director before the 60th day preceding the effective date of cancellation. (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. Sec. 408 (H.B. (a) Nothing in this chapter shall limit the ability of the department to inspect a manufactured home at any time. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. (a) With respect to the storage of manufactured homes for hire, a licensed retailer is: (1) a "warehouse" as defined by Section 7.102, Business & Commerce Code; and. (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. 6, eff. Added by Acts 2001, 77th Leg., ch. (b) Completion of an approved continuing education program described by Subsection (a) is a prerequisite to renewal of a license. INSTALLER'S WARRANTY. September 1, 2017. Sec. 863 (H.B. September 1, 2009. If you own a mobile home or are looking to purchase one in Texas, having a certificate of title is critical to have to prove ownership. 863 (H.B. Sec. (f) A person whose license has been expired for one year or more may not renew the license. (a) The board shall approve continuing education programs for licensees under this chapter. Acts 2017, 85th Leg., R.S., Ch. Sec. (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). Acts 2017, 85th Leg., R.S., Ch. ELECTRONIC PUBLIC RECORDS REQUIRED. Sec. ADMINISTRATIVE PENALTY. 14A.254(a), eff. (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). (a) Notwithstanding any other statute or rule or ordinance, a licensed retailer or licensed installer is not required to obtain a permit, certificate, or license or pay a fee to transport manufactured housing to the place of installation except as required by the Texas Department of Motor Vehicles under Subchapter E, Chapter 623, Transportation Code. Amended by Acts 2003, 78th Leg., ch. Once perfected, the lien applies to the manufactured homes in the inventory as well as to any proceeds from the sale of those homes. (b) The abatement continues until the earlier of: (1) the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director; or. . Sec. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized. January 1, 2008. (c) A rule takes effect on the 30th day after the date of publication of notice that the rule has been adopted, except that a rule relating to installation standards may not take effect earlier than the 60th day after the date of publication of notice unless the board has determined that an earlier effective date is required to meet an emergency and the standard was adopted under the emergency rulemaking provisions of Chapter 2001, Government Code. 1510), Sec. 58, eff. Changing or modifying any of these forms without written permission of TMHA is a violation of federal copywrite law. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. (c) The director shall issue to the manufacturer, retailer, or installer an appropriate order for corrective action by the manufacturer, retailer, or installer specifying a reasonable period for completion of the corrective action. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. Acts 2007, 80th Leg., R.S., Ch. (2) submit to a credit underwriter or lending institution information known to be false or misleading. 19, eff. . (b) To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard. 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. 85(5), eff. 1284 (H.B. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. 8(1), 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. (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. . 21, eff. 2, eff. 1276, Sec. 54, eff. under Section 11.13 only if: (1)the land is owned by one or more individuals, including the applicant; (2)the applicant occupies the manufactured home as the applicant's principal residence; MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. 44, eff. 77 (H.B. Acts 2011, 82nd Leg., R.S., Ch. CORRECTIVE ACTION REQUIRED. January 1, 2008. January 1, 2008. The statement from the tax assessor-collector must indicate that, with respect to each January 1 occurring in the 18-month period preceding the date of the sale, there are no perfected and enforceable tax liens on the manufactured home that have not been extinguished and canceled in accordance with Section 32.015, Tax Code, or personal property taxes due on the manufactured home. 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 (d) The director may impose an administrative penalty in accordance with this section. If there is a mortgage lien, you can provide either the completed Form B, documents, which identify the manufactured home that verifies the lien is fully paid and/or has been released, written consent from the lienholder than an SOL has been issued for the property, or a statement from an attorney or the title company declaring all prior liens and taxes on the home have been paid. 6, eff. Sec. 5, eff. A bond is not required of the director with respect to injunctive relief granted under this subsection. 1284 (H.B. June 18, 2003; Acts 2003, 78th Leg., ch. 2019), Sec. 863 (H.B. September 1, 2011. 26, eff. June 18, 2005. LEGISLATIVE FINDINGS AND PURPOSES; LIBERAL CONSTRUCTION. The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. 410 (S.B. Acts 2017, 85th Leg., R.S., Ch. 1201.611. Acts 2005, 79th Leg., Ch. 1201.219. Current as of April 14, 2021 | Updated by FindLaw Staff. The attorney general and the director may recover reasonable expenses incurred in obtaining injunctive relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. 2741), Sec. Amended by Acts 2003, 78th Leg., ch. (4) all exterior doors and windows are in place and operate properly. 34(1), eff. The department shall disclose on its website the date of each lien filing. 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. January 1, 2008. All Rights Reserved. 408 (H.B. PERFECTION, EFFECT, AND RELEASE OF LIENS. Except as provided for by Subsection (b), the consumer may accept the offer not earlier than 24 hours after the delivery of the contract. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. June 1, 2003. September 1, 2017. (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. 3.14, eff. ), the board shall establish fees as follows: (1) if the department acts as a design approval primary inspection agency, a schedule of fees for the review of HUD-code manufactured home blueprints and supporting information, to be paid by the manufacturer seeking approval of the blueprints and supporting information; (2) except as provided by Subsection (e), a fee for the inspection of each HUD-code manufactured home manufactured or assembled in this state, to be paid by the manufacturer of the home; (3) a fee for the inspection of an alteration made to the structure or plumbing, heating, or electrical system of a HUD-code manufactured home, to be charged on an hourly basis and to be paid by the person making the alteration; (4) a fee for the inspection of the rebuilding of a salvaged manufactured home, to be paid by the retailer; (5) a fee for the inspection of a used manufactured home to determine whether the home is habitable for the issuance of a new statement of ownership; and. Sec. 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. September 1, 2017. January 1, 2008. Section 1601 et seq. (c) If the sale or exchange of the repossessed manufactured home is to a purchaser for the purchaser's business use or another nonresidential use, the lienholder shall apply to the department for the issuance of a new statement of ownership indicating that the home is reserved for a business use or another nonresidential use. 2, eff. Sec. September 1, 2021. (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. 6, eff. 1510), Sec. 39, eff. (2) the home is habitable with respect to formaldehyde emissions. (B) are not used as residential dwellings when so designated. (f) An applicant for an initial installer's license shall receive a license on a provisional basis. (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. 1460), Sec. (C)the applicant could not locate the seller after making a good faith effort. Acts 2005, 79th Leg., Ch. Sec. (j) If it appears that a person is in violation of, or is threatening to violate, any provision of this chapter or a rule or order related to the administration and enforcement of the manufactured housing program, the attorney general, on behalf of the director, may institute an action for injunctive relief to restrain the person from continuing the violation and for civil penalties not to exceed $1,000 for each violation and not exceeding $250,000 in the aggregate. ); (2) may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and. 23, eff. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. Any certified copies of a Statement of Ownership are free upon request. Acts 2017, 85th Leg., R.S., Ch. * Note: These forms are available as Add-Ons to your existing TMHA Membership. The application must include all the following documents as a part of this form. 408 (H.B. 408 (H.B. 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. 1421, Sec. 2438), Sec. You will need to include a receipt from the Tax Assessor-Collector with your form, which shows that no taxes remain unpaid on the home, and a lien release form from the previous lien holder. Acts 2005, 79th Leg., Ch. 2019), Sec. 1460), Sec. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. 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. 2019), Sec. September 1, 2017. 408 (H.B. (b) Notwithstanding the limitations and terms of any warranty, the director may, whenever the department identifies any aspect of an installation that does not conform to applicable requirements, order the licensee who performed the installation to correct it, or, if that licensee is no longer licensed, reassign correction to a licensed installer and reimburse the person from the fund for the costs of correction. (b) A retailer may not charge to the consumer any fees or expenses other than the real property appraisal and title work expenses disclosed to the consumer under Subsection (a)(3). 27, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 1460), Sec. Acts 2011, 82nd Leg., R.S., Ch. 1421, Sec. TPWD Nondiscrimination Statement Texas Parks & Wildlife Department 12, eff. LICENSE REQUIRED. 2019), Sec. 1201.609. D. IVISION. June 1, 2003. (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. (b) If it is determined that a new manufactured home was sold or exchanged without the required sales and use tax being paid, the payment shall be made from the fund, up to the available penal amount of the licensee's bond or the remaining balance of the security for the license, and a claim for reimbursement shall be filed with the licensee's surety or the amount deducted from the security for the license. September 1, 2017. 338, Sec. 1201.502. Acts 2017, 85th Leg., R.S., Ch. Block 4 describes the ownership information where you can specify whether this transaction is a sale and record the transfer date. (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. Acts 2005, 79th Leg., Ch. 2, eff. 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. (a) If a consumer files a cause of action against a retailer or manufacturer, a claim based on an act of the retailer or manufacturer that the consumer could assert against the holder of the manufactured home debt instrument must be asserted against the holder in the primary suit against the retailer or manufacturer. (a) If the owner of a manufactured home notifies the department that the owner intends to treat the home as real property or intends to treat the home as a salvaged manufactured home or reserve the home for a business use or another nonresidential use, the department shall indicate on the statement of ownership for the home that: (1) the owner of the home has elected to treat the home as described by this subsection; and. Manufactured Housing. 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. 863 (H.B. 28, eff. 2238), Sec. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . 61, eff. 2, eff. 42, eff. Sec. Acts 2007, 80th Leg., R.S., Ch. (a) Except as provided by Subsection (a-1), for a manufactured home to qualify as a residence homestead under Section 11.13, the application for exemption required by Section 11.43 must be accompanied by: (1) a copy of the statement of ownership for the manufactured home issued by the manufactured housing division of the Texas . Texas Department of Housing and Community Affairs Retailer's License Number(s) _____ (if not in business Jan. 1 of this year) S. SECTION 4: Inventory Schedule. (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. Sec. (d) A retailer or manufacturer may not vary the content or form of the notice. 1284 (H.B. September 1, 2013. 1, eff. (c) The department may demand copies of contracts, invoices, receipts, or other proof of any real property appraisal and title work expenses retained by a retailer. TRANSFER OF OWNERSHIP BY OPERATION OF LAW. 2019), Sec. The TDHCA requires a copy of the title commitment or policy. approved by the secretary of housing and urban development. 408 (H.B. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 7, eff. Login ID. 1284 (H.B. 77, Sec. (a) A holder of a lien recorded on the statement of ownership of a manufactured home that has not been converted to real property who sells or exchanges a repossessed manufactured home covered by that statement of ownership is not required to comply with this chapter if the sale or exchange is: (1) to or through a licensed retailer; or. January 1, 2008. (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. ); and. 85(5), eff. (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. 1079 (H.B. Acts 2009, 81st Leg., R.S., Ch. (a) Application Requirements. 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. 1201.301. 2, eff. Texas Administrative Code - Secretary of State of Texas 408 (H.B. 2019), Sec. 408 (H.B. (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. Sec. You are accessing a Texas Department of Housing and Community Affairs information system. Texas Parks and Wildlife. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. (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.