Acts 2017, 85th Leg., R.S., Ch. (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 43, eff. (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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1460), Sec. 46 (H.B. License data was last updated on 03/03/2023. Sec. 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. 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. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. June 18, 2003. 77 (H.B. June 18, 2005. 1201.401. Acts 2007, 80th Leg., R.S., Ch. CONSUMER COMPENSATION. (2) the existence of all tax liens on that home for which notice has been filed with the department. 2, eff. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. Section 1026.23. 1276, Sec. EFFECTIVE DATE OF REQUIREMENT OR STANDARD. An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. Sec. 2, eff. (d) The director may impose an administrative penalty in accordance with this section. "; (8) a statement that if two or more eligible persons, as determined by Section 1201.213, file with the application for the issuance of a statement of ownership an agreement signed by all the persons providing that the home is to be held jointly with a right of survivorship, the director shall issue the statement of ownership in all the names; (10) a statement of whether the owner has elected to treat the home as real property; (11) statements of whether the home is a salvaged manufactured home and whether the home is reserved for business use only or for another nonresidential use; and. (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. January 1, 2008. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. SHORT TITLE. No change of ownership or location is complete until you have, both, updated the Statement of Ownership with the TDHCA and informed the Appraisal District of the changes. PERFECTION, EFFECT, AND RELEASE OF LIENS. Amended by Acts 2003, 78th Leg., ch. 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. (a) Except as otherwise provided by Subchapter C, the manufactured homeowner consumer claims program shall be reimbursed by the surety on a bond or from other security filed under Subchapter C for the amount of a claim that is paid out under the manufactured homeowner consumer claims program by the director to a consumer in accordance with this subchapter. (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. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. (g) If, after judicial review, the penalty is reduced or not assessed, the director shall remit to the person charged the appropriate amount, plus accrued interest if the penalty has been paid, or shall execute a release of the bond if a supersedeas bond has been posted. A. Sec. January 1, 2008. (d) To maintain affordability of manufactured homes in this state, the board shall: (1) conduct a cost benefit analysis for any rule, process, or policy change that will increase a fee or another incurred cost by more than $50 for license holders or consumers; and. Acts 2011, 82nd Leg., R.S., Ch. Sec. STATE INSPECTORS. (B) connected to a utility, including a utility providing water, electric, natural gas, propane or butane gas, or wastewater service. 1), Sec. (b) A violation of this section does not create a cause of action or claim for damages for a consumer. 338, Sec. 3.05, eff. 20, eff. September 1, 2017. During this period the department will post on its Internet website a notice as to when it is anticipated that processing statements of ownership will resume and when it is anticipated that such processing will be within the 15-working-day time frame provided by Subsection (a). LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . (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. Sec. 2, eff. 408 (H.B. Sec. September 1, 2011. (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. (2) each lienholder, including a taxing unit, gives written consent, to be placed on file with the department. 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. 7, eff. 1201.6041. 14A.254(b), eff. September 1, 2017. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction. Acts 2011, 82nd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. As long as the landlord is providing habitable housing, the tenant must pay rent. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. Acts 2005, 79th Leg., Ch. Sec. 85(1), eff. 3, eff. (2) the home is habitable with respect to formaldehyde emissions. 1201.113. 408 (H.B. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. (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). 1201.213. Added by Acts 2001, 77th Leg., ch. 338, Sec. 863 (H.B. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). 77 (H.B. 38, eff. 1201.407. 1460), Sec. 2019), Sec. 1460), Sec. If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty. 60, eff. function dm(msgStr) { 863 (H.B. The installation of a new manufactured home must meet, in addition to applicable state standards, the manufacturer's specifications required to validate the manufacturer's warranty. Acts 2007, 80th Leg., R.S., Ch. (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. (2) payment of any use tax owed to the state. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. The director shall administer and enforce this chapter. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; 2238), Sec. 2, eff. 863 (H.B. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. September 1, 2017. 2019), Sec. Sec. for ownership and tax lien information before March 1982. The suspension shall continue until the person has complied with the cease and desist order or paid the administrative penalty. 21, eff. Acts 2007, 80th Leg., R.S., Ch. (11) failed to pay the required fee to obtain or renew a license. If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. (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. Mailing of the notice by certified mail, return receipt requested, postage prepaid, to the persons required to be notified by this subsection constitutes conclusive proof of compliance with this subsection. (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. (f) A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license. June 1, 2003. June 1, 2003. Once perfected, the lien applies to the manufactured homes in the inventory as well as to any proceeds from the sale of those homes. 1201.455. 408 (H.B. 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. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. Added by Acts 2001, 77th Leg., ch. Section 1601 et seq. Added by Acts 2007, 80th Leg., R.S., Ch. 15(3), eff. (2) the home is offered as real property. 408 (H.B. 34, eff. (b) To ensure the availability of prompt and satisfactory warranty service, a manufacturer that does not have a licensed manufacturing plant or other facility in this state from which warranty service and repairs can be provided shall file a bond or other security in the additional amount of $100,000. 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. September 1, 2011. (b) The department may issue a statement of ownership before the release of any liens or before receiving the consent of any lienholders as required by this section, or without receiving the statement required by Section 1201.206(g), if the department releases a copy of the statement to: (1) a licensed title insurance company that has issued a commitment to issue a title insurance policy covering all prior liens on the home in connection with a loan that the title company has closed; or. The fee for a single is $35, doublewide is $70, and triple wide is $105. (2) the holder of a lien or security interest of record. Acts 2013, 83rd Leg., R.S., Ch. (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. 1201.202. 1201.254. 3.16, eff. (b) Property used for the business that is not contiguous to, or located within 300 feet of, a bonded location requires a separate bond. January 1, 2008. (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. September 1, 2017. How do I get a replacement title for a mobile home in Texas? When a property owner submits an application for a Statement of Ownership (title) to the Texas Department of Housing and Community Affairs (TDHCA), that office may request that the applicant also submit proof of property tax payment. 77 (H.B. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. 44, eff. 39, eff. September 1, 2017. (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. 98, eff. 1201.008. The the lease on our 2016 Honda CR-V comes up this . The surety shall provide written notice to the director before the 60th day preceding the effective date of cancellation. Sec. Added by Acts 2001, 77th Leg., ch. 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. 3361), Sec. 14A.261(a), eff. 46, Sec. Sec. Sec. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. 46 (H.B. 46, Sec. 1421, Sec. 2, eff. GENERAL PROVISIONS. 2019), Sec. (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. September 1, 2009. 17, eff. 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. By contrast, about a third of site-built homeowners earn . if (document.images) { 863 (H.B. (f) Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. 2438), Sec. September 1, 2011. (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. 1460), Sec. (c) A cash down payment may not be derived in any part from a rebate or other consideration received by, or to be given to, the consumer from the retailer or manufacturer. June 18, 2003. 1421, Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 16, eff. 1, eff. 2238), Sec. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. Acts 2005, 79th Leg., Ch. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. Acts 2017, 85th Leg., R.S., Ch. 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. Acts 2017, 85th Leg., R.S., Ch. 1421, Sec. September 1, 2017. 2019), Sec. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. (a) An applicant for a license or a license holder shall file a bond or other security under Section 1201.105 for the issuance or renewal of a license in the following amount: (a-1) Notwithstanding the provisions of Subsection (a), the director may require additional security for the licensing, renewal, or relicensing of a person, or the sponsoring of a salesperson, who, either directly, as a related person, or through a related person, has been the subject of a license revocation, has caused the manufactured homeowner consumer claims program to incur unreimbursed costs or liabilities in excess of available surety bond coverage, or has failed to pay an administrative penalty that has been assessed by final order. September 1, 2011. (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. 63, eff. (b) The standards and requirements adopted under Subsection (a)(1) are the standards code. 338, Sec. If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents. June 18, 2003. 863 (H.B. 2438), Sec. A person is not legally allowed to buy, transfer, or sell a mobile home without a certificate of title or Statement of Ownership or Location (SOL). PROHIBITED ALTERATION. 27, eff. September 1, 2017. 1276, Sec. Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a manufacturer, retailer, broker, or installer may not alter the home or cause the home to be altered without obtaining prior written approval from a licensed engineer and providing evidence of such approval to the department. 23, eff. 408 (H.B. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475- 2200 FAX (512) 475-1109 . (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. January 1, 2008. Box 2109. Acts 2017, 85th Leg., R.S., Ch. 27, eff. To replace a Certificate of Attachment (COA) for a real property SOL, you need to send an SOL application and the original COA or an affidavit of fact which states that the COA was filed in the real property records. The consumer's execution of a signed receipt of a copy of the disclosure required by Subsection (a) shall constitute conclusive proof of the delivery of the disclosure. September 1, 2017. June 18, 2005. September 1, 2017. September 1, 2009. (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. 1284 (H.B. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). (a) The department shall administer the manufactured homeowner consumer claims program to provide a remedy for damages resulting from prohibited conduct by a person licensed under this chapter. SECURITY: CANCELLATION OR OTHER IMPAIRMENT. January 1, 2008. 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, 2019. (a) If a retailer purchases a new manufactured home from an unlicensed manufacturer in violation of Section 1201.505, a consumer's contract with the retailer for the purchase or exchange of the home is voidable until the second anniversary of the date of purchase or exchange of the home. 56, eff. (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. 8(2), eff. 2, eff. 408 (H.B. 1201.208. (a) The payment of actual damages is limited to the lesser of: (1) the amount of actual, reasonable costs, not including attorney's fees, that the consumer has incurred or will incur to resolve the act or omission found to be a violation under Section 1201.404; or. 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. 410 (S.B. (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter. Manufactured Housing Division. (b) The director may issue an order to any person to cease and desist from violating any law, rule, or written agreement or to take corrective action with respect to any such violations if the violations in any way are related to the sale, financing, or installation of a manufactured home or the providing of goods or services in connection with the sale, financing, or installation of a manufactured home unless the matter that is the basis of such violation is expressly subject to inspection and regulation by another state agency; provided, however, that if any matter involves a law that is subject to any other administration or interpretation by another agency, the director shall consult with the person in charge of the day-to-day administration of that agency before issuing an order.