Acts 2017, 85th Leg., R.S., Ch. 2438), Sec. (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. Acts 2017, 85th Leg., R.S., Ch. INSPECTION SEARCH WARRANTS. NATURE OF PROPERTY. June 18, 2003. 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. 338, Sec. (3) the department by rule shall require evidence that the holder or servicer requesting such after-the-fact completion of a real property election has complied with the requirements of this subsection. 2019), Sec. Buyers should first contact a professional, such as Mobile Home HQ, to obtain advice on the right questions you should ask to prevent future problems from occurring. home; (2)a copy of the sales purchase agreement or other applicable contract or agreement Applications for Statement of Ownership and all associated paperwork must be submitted to the Texas Department of Housing and Community Affairs (TDHCA) to complete ownership transfer. 1460), Sec. The mobile home's physical location changes. 1201.353. 39, eff. (c) A consumer's refusal to allow the manufacturer, installer, or retailer to perform warranty service in accordance with the inspection report, determinations, and orders of the director bars a cause of action relating to an alleged failure to: (1) comply with a written or implied warranty; or. (c) The director shall prepare information for notifying consumers of the director's option to order a direct refund under this section, shall post the information on the department's Internet website, and shall make printed copies available on request. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. 74.06, eff. January 1, 2008. QUALIFICATIONS FOR LICENSE. (15) "Label" means a device or insignia that is: (A) issued by the director to indicate compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development; and. 1510), Sec. September 1, 2009. 2019), Sec. License Number License Holder Name. (b) If a home does not have a serial number, seal, or label, the tax appraiser or tax assessor-collector may apply to the department for a seal if the tax appraiser or assessor-collector assumes full responsibility for the affixation of a seal to the home and the seal is actually affixed on the home. ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". License Holder Name [Help] Associate First Name. (a) The board shall establish fees for the issuance and renewal of licenses for: (b) The board by rule may establish a fee for reprinting a license issued under this chapter. Copyright 2023, Thomson Reuters. The buyer must bring their payment. Following the meeting, the director shall either resolve the matter by agreed order, dismiss the matter if no violation is found to have occurred, or institute an administrative action, which may include license suspension or revocation, the assessment of administrative penalties, or a combination of such actions. in Communications and English from Niagara University. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475- 2200 FAX (512) 475-1109 . An owner may elect to treat a manufactured home as real property only if the home is attached to: (2) land leased to the owner of the . 1421, Sec. . Associate Last Name. 1284 (H.B. 408 (H.B. Acts 2013, 83rd Leg., R.S., Ch. June 18, 2003. (h) An examination must be a requirement of successful completion of any initial required course of instruction under this section. Each requirement or standard that is adopted, modified, amended, or repealed by the board must state its effective date. Detroit-based DTE Energy reported more than 130,000 customers lost power Friday evening. Acts 2007, 80th Leg., R.S., Ch. 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. (f) Repealed by Acts 2011, 82nd Leg., R.S., Ch. DEFINITIONS. 1284 (H.B. June 1, 2003. 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. When buying a used mobile home, there are several aspects you should look into to ensure that its worth the investment. 1460), Sec. (b) An installer may not install a used manufactured home at a location on a site that has evidence of ponding, runoff under heavy rains, or bare uncompacted soil unless the installer first obtains the owner's signature on a form promulgated by the board disclosing that such conditions may contribute to problems with the stabilization system for that manufactured home, including possible damage to that home, and the owner accepts that risk. 85(2), eff. September 1, 2017. PROCEDURE FOR ADOPTING RULES. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. 3, eff. June 18, 2005. (b) For the purposes of Subsection (a)(1), the department may rely on a commitment for title insurance, a title insurance policy, or a lawyer's title opinion to determine that any liens on real property have been released. 1079 (H.B. Amended by Acts 2003, 78th Leg., ch. 8, 51, eff. Sec. (d) A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee. (a) At the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application for the issuance of a statement of ownership is properly completed. September 1, 2017. 338, Sec. 338, Sec. Section 5301 et seq.) September 1, 2017. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND HOUSING, SUBTITLE C. REGULATION OF CERTAIN TYPES OF HOUSING AND BUILDINGS. Acts 2009, 81st Leg., R.S., Ch. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. (e) The director, after giving notice, may impose against a person who violates a cease and desist order an administrative penalty in an amount not to exceed $1,000 for each day of the violation. Acts 2007, 80th Leg., R.S., Ch. 46 (H.B. 1284 (H.B. (d) If the approval of a continuing education program expires between regularly scheduled board meetings, the director may, on receipt of the required renewal application, fee, and necessary documentation of education material, approve the continued administration of the program until the next board meeting. January 1, 2008. 1201.512. (2) submit to a credit underwriter or lending institution information known to be false or misleading. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. 1201.602. The department shall place on the application for the issuance of a statement of ownership the following legend in a clear and conspicuous manner: "THE FILING OF AN APPLICATION FOR THE ISSUANCE OF A STATEMENT OF OWNERSHIP LATER THAN SIXTY (60) DAYS AFTER THE DATE OF A SALE TO A CONSUMER FOR RESIDENTIAL USE MAY RESULT IN A FEE OF UP TO ONE HUNDRED DOLLARS ($100.00). TDHCA Info. 1460), Sec. 44, eff. Added by Acts 2013, 83rd Leg., R.S., Ch. If you can't find the home you are looking for, try looking in our archived records. The manufacturer, retailer, or installer, as applicable, shall take appropriate corrective action within a reasonable period as required by department rules to fulfill the written warranty obligation. CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT. 1201.152. 863 (H.B. 33, eff. entitled to obtain the homestead exemptions provided by Section 11.13 and any other benefit granted under this title to the owner of a residence homestead The department shall investigate the allegation, and if the department determines that the allegation is credible, the department shall issue a new order specifying the date and time of the proposed corrective action. 46, Sec. 863 (H.B. 1201.062. 26, eff. 14A.256(a), eff. Submit Inventory Online. 1460), Sec. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. 2438), Sec. Added by Acts 2001, 77th Leg., ch. (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. 2019), Sec. (2) to a purchaser for the purchaser's business use or another nonresidential use. (e) In determining the amount of actual damages under this section, the director shall make an independent inquiry as to the damages actually incurred, unless the damages have been previously established through a contested trial. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. ADVERTISEMENT AS OFFER. This form is available by subscription . (b) A license application must be accompanied by: (1) proof of the security required by this subchapter; (2) payment of the fee required for issuance of the license; and. 1201.220. (d) A civil action to enjoin a violation of this section may be brought by: (1) a purchaser in the county in which the violation occurs; or. (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. Acts 2013, 83rd Leg., R.S., Ch. 1201.604. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. January 1, 2008. Our new location is: George H.W. (b) An owner or lienholder may provide to the department a document of title or certificate of attachment and any additional information required by the department and request that the department issue a statement of ownership to replace the document of title or certificate of attachment. January 1, 2008. September 1, 2017. 338, Sec. (b) A salesperson may not submit to a retailer information known to be false or misleading. Acts 2013, 83rd Leg., R.S., Ch. If you have any questions, feel free to contact us today. 408 (H.B. June 1, 2003. The department shall have the authority to enforce the collection of any fee from the seller through judicial means. If, before the 31st day after an order revoking, suspending, or denying a license is issued, the person against whom the order is issued requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. 46 (H.B. Sec. Section 5401 et seq.). 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. Sec. EXCEPTIONS TO LICENSE REQUIREMENT. 2019), Sec. 11, eff. Sec. September 1, 2017. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED. Sec. January 1, 2008. Sec. 338, Sec. 12, eff. June 18, 2003. 1276, Sec. 57, eff. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. June 18, 2005. Acts 2009, 81st Leg., R.S., Ch. Application for Certificate(s) of Financial Responsibility, as . 1284 (H.B. 2019), Sec. 1201.210. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. 1201.407. Section 5401 et seq. 37, eff. (2) all standards, rules, and regulations of the United States Department of Housing and Urban Development. ); and. (2) improve the general welfare and safety of purchasers of manufactured housing in this state. 5, eff. Acts 2017, 85th Leg., R.S., Ch. "Standards code" means the Texas Manufactured Housing Standards Code. Section 5401 et seq.) 1201.203. Acts 2017, 85th Leg., R.S., Ch. Sec. 408 (H.B. (2) the home and all appliances and equipment included in the home are free from defects in materials or workmanship except for cosmetic defects. The Mobile Homes program is responsible for initial and renewal licensure for mobile home parks and dealers and determining eligibility of park licensing through the annual inspection process. Acts 2011, 82nd Leg., 1st C.S., Ch. Added by Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 2, eff. Sec. 1201.608. 1460), Sec. 1201.305. September 1, 2017. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. September 1, 2017. (h) A licensee may not participate in the sale, exchange, or installation for use as a dwelling of a manufactured home that is salvage and that has not been repaired in accordance with this chapter and the department's rules. The term includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components and making minor adjustments. 1284 (H.B. Acts 2017, 85th Leg., R.S., Ch. 2, eff. Sec. contract or agreement; and. Amended by Acts 2003, 78th Leg., ch. (25) "Rules" means the rules of the department. Sec. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; Acts 2009, 81st Leg., R.S., Ch. LICENSE REQUIRED. (B) sells or exchanges at least two manufactured homes to consumers in a 12-month period. 1201.256. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. June 18, 2003. Acts 2009, 81st Leg., R.S., Ch. 1284 (H.B. Section 5401 et seq. (d) The retailer may not require a consumer to make a down payment on the acquisition of a manufactured home from the retailer's inventory until the time the installment contract is executed. (b) Except as otherwise provided by this chapter, a person may not sell or exchange, or offer to sell or exchange, two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a retailer's license. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. (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. A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires a license under this chapter commits an offense. SECURITY: DURATION. (c) A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond. (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. 1201.222. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. (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. If that applicant is applying for a retailer's license, the related person must be a management official who satisfies the requirements of Subsections (a) and (a-2) for each retail location operated by the applicant. Those numbers identify the mobile home when you look up taxes and liens associated with the property. 1201.005. (c) An applicant for a salesperson's license may apply for a license without having completed the course of instruction if the person successfully completes the course not later than the 90th day after the date of the person's licensure. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. 1201.611. (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. If one has a manufactured home that lacks a title, a plate with the serial or . 1201.1521. 29, eff. 7, eff. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. Acts 2009, 81st Leg., R.S., Ch. 2, eff. 1201.610. 2019), Sec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. September 28, 2011. 1420), Sec. (8) "Consumer" means a person, other than a person licensed under this chapter, who seeks to acquire or acquires by purchase or exchange a manufactured home. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. 338, Sec. Sec. 85(5), eff. BOX 12489 Austin Texas 78711-2489 800 500-7074 512 475-2200 FAX 512 475-1109 Clear all form fields Internet Address www. 1079 (H.B. Sec. 22, eff. In addition to any other remedy provided by law, the director may institute in district court a suit for injunctive relief and for the collection of the administrative penalty. approved by the secretary of housing and urban development. 1201.301. 1201.214. INSTALLER'S WARRANTY. September 1, 2009. Amended by Acts 2003, 78th Leg., ch. (d) If an owner elects to treat a manufactured home as real property, the department shall issue to the owner a copy of the statement of ownership that on its face reflects that the owner has elected to treat the manufactured home as real property at the location listed on the statement. Acts 2021, 87th Leg., R.S., Ch. 30, eff. 4, eff. 25, eff. Finding the perfect mobile home doors is a combination of design and personal style. (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. DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS. 1460), Sec. 1201.008. 1460), Sec. 43, eff. September 1, 2013. (11) "Director" means the executive director of the manufactured housing division of the Texas Department of Housing and Community Affairs. 1, eff. 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. The department shall provide to the public through the department's Internet website searchable and downloadable information regarding manufactured home ownership records, lien records, installation records, license holder records, and enforcement actions. 2438), Sec. As otherwise indicated below. Box 4663Houston, Texas 77210 Email: manufacturedhome@tax.hctx.net, 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. 1270 (H.B. 2438), Sec. (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. 1421, Sec. 1, eff. September 1, 2017. (e) Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Sec. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. Austin, Texas, 78744. (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. 19, eff. FORMS; RULES. Acts 2007, 80th Leg., R.S., Ch. 1201.454. You can also file a civil rights complaint with the U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties (CRCL) and/or Department of the Interior Office of . Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. Added by Acts 2001, 77th Leg., ch. Sec. (2) any generic installation standards promulgated by rule shall first be reviewed by an advisory committee established by the board comprised of representatives of manufacturers, installers, and manufacturers of stabilization systems or devices, including one or more licensed engineers. 2, eff. Without limiting the generality of the foregoing, this includes engaging others to install, connect, or otherwise work on air conditioning, plumbing, and electrical systems. Acts 2017, 85th Leg., R.S., Ch. Other than in the case of a fire or natural disaster, a general-rule or home-rule municipality by an ordinance or charter may limit the ability of the owner to replace his home to a single replacement. Acts 2011, 82nd Leg., 1st C.S., Ch. (B) a lien on a manufactured home created by the constitution or a statute. June 18, 2005. (a) A new bond is not required for a change in: (1) ownership of a licensee or a business entity under which a license holder conducts business; or. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; A violation of this subsection is a Class B misdemeanor. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. 85(1), eff. (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. 77 (H.B. If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods and any right of rescission, and bears the signature of all of the consumers entitled to the disclosures and right of rescission. 2438), Sec. 15(3), eff. (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. 2438), Sec. June 18, 2003; Acts 2003, 78th Leg., ch. 28, 51, eff. 1201.352. 1276, Sec. If a person against whom the order is issued requests a hearing before the 31st day after the date the order is issued, the director shall set and give notice of a hearing. (c) On receipt of a notice of intent to declare a manufactured home abandoned, the record owner of the home, a lienholder, a tax assessor-collector for a taxing unit that imposes ad valorem taxes on the real property on which the home is located, or an intervening owner of a lien or equitable interest may enter the real property on which the home is located to remove the home. 2, eff. 338, Sec. 15(3), eff. 20, eff. 7, eff. Acts 2017, 85th Leg., R.S., Ch. Current as of April 14, 2021 | Updated by FindLaw Staff. The TDHCA requires a copy of the title commitment or policy. 2238), Sec. (a-1)An appraisal district may rely upon the computer records of the Texas Department 2019), Sec. 408 (H.B. (d) The department may issue an amended report and order if all parties receive notice of and are given an opportunity to respond to that report and order. 74.07, eff. Florida's general state sales tax rate is 6% with the following exceptions: Retail sales of new mobile homes - 3% Amusement machine receipts - 4% Rental, lease, or license of commercial real property - 5.5% Electricity - 6.95% Use TaxA bill of sale is a legal document acting as a receipt between the person selling a used car and the person . 85(5), eff. 1201.219. September 1, 2009. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. (a) A retailer may not sell a trade-in manufactured home before the closing of the sale in connection with which the retailer receives the trade-in. Sec. 2238), Sec. 1201.212. function dm(msgStr) { Acts 2013, 83rd Leg., R.S., Ch. 1201.302. June 18, 2005. 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 . 1460), Sec. June 1, 2003. (b) On payment of the required inspection fee, the manufacturer, retailer, or installer may request the department to perform a consumer complaint home inspection if the manufacturer, retailer, or installer: (1) believes the consumer's complaints are not covered by the warranty of the manufacturer, retailer, or installer, as applicable; (2) believes that the warranty service was properly provided; or. (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. 1079 (H.B. 12, eff. Sec. (31) Repealed by Acts 2017, 85th Leg., R.S., Ch. The Statement of Ownership is what confirms ownership and liens recorded with the Department. (e) A person may not repair, rebuild, or otherwise refurbish a salvaged manufactured home unless the person complies with the rules of the director relating to rebuilding a salvaged manufactured home. (1) directing a manufacturer, retailer, or installer whose license is not revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) and who is not out of business to perform the warranty obligation of a manufacturer, retailer, or installer whose license is revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) or who is out of business; and. 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. (b) A retailer may not knowingly permit a consumer to occupy a manufactured home that is the subject of a sale or exchange to that consumer before the closing of any required financing unless the consumer is first given a form adopted by the board disclosing that if for any reason the financing does not close, the consumer may be required to vacate the home. 1801 Congress Ave . 2019), Sec. 1201.2075. 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. Sept. 1, 2003. (d) A manufacturer, retailer, or installer entitled to indemnification under this section is a consumer for purposes of Subchapter I and may recover actual damages from the manufactured homeowner consumer claims program. 6, eff. REPORT AND ORDER; AMENDMENT; COMPLIANCE. If the department's rules provide an option to file a document electronically, the department may charge a discounted fee for the electronic filing. September 1, 2013. Section 1601 et seq. June 1, 2003. Please visit. 1460), Sec. 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.

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