Amended by Acts 2003, 78th Leg., ch. 863 (H.B. June 18, 2003. Acts 2017, 85th Leg., R.S., Ch. September 1, 2013. 15(2), eff. Added by Acts 2001, 77th Leg., ch. 408 (H.B. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. (a) A manufacturer may not sell or exchange, or offer to sell or exchange, a manufactured home to a person in this state who is not a licensed retailer. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home without the appropriate transfer of good and marketable title to the home. (a) Application Requirements. Any certified copies of a Statement of Ownership are free upon request. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. Amended by Acts 2003, 78th Leg., ch. 338, Sec. Sec. 863 (H.B. 2238), Sec. 2019), Sec. 1201.220. 338, Sec. Sec. Though it may seem intimidating, buying a mobile home in Texas can be extremely easy once you have a solid idea of what youre looking for and how to do it. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (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. 410 (S.B. (a) A person may not construct or assemble in this state or ship into this state a new HUD-code manufactured home unless the person holds, at the time the home is constructed or assembled, a manufacturer's license. PROHIBITED CONSTRUCTION BY MANUFACTURER. RULES RELATING TO COMPLIANCE WITH NATIONAL STANDARDS FOR MANUFACTURED HOUSING CONSTRUCTION AND SAFETY; STATE PLAN. Sec. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. This form is available by subscription . 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. The mobile home changes its treatment, as from real to personal property and vice versa. This subsection does not apply to the release of a tax lien perfected with the department. January 1, 2008. DISCLOSURE BY RETAILER AND LENDER. 408 (H.B. 408 (H.B. A person can get a certified copy of a current Statement of Ownership for free by mailing or faxing the request to 512-475-1109, or email the request to processing@tdhca.state.tx.us. June 18, 2005. June 1, 2003. 1421, Sec. (C) the use of the property is changed as described by Section 1201.216. (b) Written notice to the department is deemed to be notice to the manufacturer, retailer, or installer commencing three business days after receipt and forwarding of the notice by the department to the licensee by regular mail or electronic mail of a scanned copy of the notice. Sec. Acts 2005, 79th Leg., Ch. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. (b) The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. 2438), Sec. The application fee is currently $55, which should be submitted directly to the TDCHA. (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. Amended by Acts 2003, 78th Leg., ch. Added by Acts 2001, 77th Leg., ch. 1201.113. September 1, 2017. (C)the applicant could not locate the seller after making a good faith effort. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. Acts 2011, 82nd Leg., R.S., Ch. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code. Any. 1421, Sec. 12, eff. (g) Repealed by Acts 2017, 85th Leg., R.S., Ch. (b) If a person charged with the violation accepts the determination of the director, the director shall issue an order approving the determination and ordering that the person pay the recommended penalty. The application must include all the following documents as a part of this form. Acts 2017, 85th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. January 1, 2008. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. An act that is prohibited by this subsection is deemed to be a practice that constitutes an imminent threat to health or safety and is subject to the imposition of penalties and other sanctions provided for by this chapter. 1421, Sec. 2019), Sec. Sept. 1, 2003. Here's part three of Fox News Digital's list of the most bizarre and . NOTICE OF NEED FOR WARRANTY SERVICE. September 1, 2017. (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. MM/DD/YYYY. September 1, 2017. 863, Sec. If you lease a car, don't think you can get out of payments just because you're dead. 408 (H.B. June 18, 2003. Section 5401 et seq. (3) may establish cooperative inspection training programs. 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. September 1, 2013. 1201.2075. Acts 2009, 81st Leg., R.S., Ch. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205 (Statement of Ownership Form); and (B) other information required by this chapter. Sec. June 1, 2003. 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. 77 (H.B. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing: (1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and. (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 2017, 85th Leg., R.S., Ch. 77 (H.B. 46 (H.B. September 1, 2009. Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code. 1421, Sec. Amended by Acts 2003, 78th Leg., ch. Bloody 'crime scene' may be a civil matter: Pepper Pike Police Blotter 88(R) HB 3136 - Introduced version - Bill Text - capitol.texas.gov 46 (H.B. Acts 2005, 79th Leg., Ch. You are accessing a Texas Department of Housing and Community Affairs information system. 408 (H.B. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. (2) the holder of a lien or security interest of record. 2238), Sec. The dos and don'ts of buying manufactured housing 338, Sec. 14, eff. Added by Acts 2001, 77th Leg., ch. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. Section 5401 et seq. Sec. 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. (g) After a real property election is perfected under Subsection (e): (1) the home is considered to be real property for all purposes; and. Sec. Manufactured Housing - Download Ownership Records June 1, 2003. 944), Sec. (2) no additional issuance of a statement of ownership is required with respect to the manufactured home, unless: (A) the home is moved from the location specified on the statement of ownership; (B) the real property election is changed; or. Box 2109. (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. The prohibition must be prospective and may not apply to a mobile home previously legally permitted by and used as a dwelling in the municipality. 1284 (H.B. September 1, 2009. January 1, 2008. 2438), Sec. (f-1) A retailer may not be licensed to operate more than one location under a single license. (b) The purposes of this chapter are to: (1) encourage the construction of housing for state residents; and. PDF APPLICATION FOR STATEMENT OF OWNERSHIP AND LOCATION - The Portal to Added by Acts 2003, 78th Leg., ch. A manufacturer may not ship a HUD-code manufactured home into this state for sale or resale unless the manufacturer complies with: (1) all requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. "; (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. Sec. (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). June 18, 2005. (31) Sec. 2019), Sec. LICENSE EXPIRATION. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 1201.158. (b) A licensed retailer is not required to file a bond or other security to be licensed as a broker or installer. Sec. The warranty must conspicuously disclose that notice requirement to the consumer. AMOUNT OF FEES. (a) This section applies to a transaction in which a manufactured home is sold as personal property. PDF Application for Residential Homestead Exemption 863 (H.B. Acts 2013, 83rd Leg., R.S., Ch. or the payment receipt showing that the applicant is the purchaser of the manufactured The director shall publish notice and conduct a public hearing before: (1) adopting a standard or requirement authorized by this subchapter; (2) amending a standard authorized by this subchapter; or. Currently, Denton County has 14,626 mobile homes registered with the Texas Department of Housing and Community Affairs (TDHCA).TDHCA maintains the official state records (called Statements of Ownership and Location (SOL)) regarding the ownership, location, lien status, and status as real property or personal property.. (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. (d) The course of instruction must be offered at least quarterly. 2019), Sec. Added by Acts 2001, 77th Leg., ch. (c) The Texas Department of Motor Vehicles shall provide to the department monthly a list of the permits issued in the preceding month and the information on the permits. June 1, 2003. } 2019), Sec. The director shall record the date and time of receipt of each verified complaint and, as money becomes available, pay the consumer whose claim is the earliest by date and time to have been found to be verified and properly payable. Acts 2007, 80th Leg., R.S., Ch. 9, eff. The fee for a single is $35, doublewide is $70, and triple wide is $105. A person whose license has been suspended or revoked or whose license has expired may not engage in activities that require a license until the license has been reinstated or renewed. (2) except as provided by Section 1201.2055(h), the home is no longer a manufactured home for purposes of regulation under this chapter or of recordation of liens, including tax liens. January 1, 2008. 2, eff. 2019), Sec. (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. 1201.358. Added by Acts 2001, 77th Leg., ch. (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. (a-1) All required records of a licensee under Subsection (a) are to be maintained at the licensee's principal office or such other location within this state as the licensee may designate. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. Texas Occupations Code - OCC 1201.2055 | FindLaw If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder. (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. 1276, Sec. BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . (a) In a transaction that is to be financed and that will not be subject to the federal Real Estate Settlement Procedures Act of 1974 (Pub. 15(3), eff. 2019), Sec. (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. 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. Sec. Sec. L. No. 1201.455. Our Association made up of manufactured housing builders, retailers, and suppliers in and aound the state of Louisiana encourages manufactured . The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. (2) improve the general welfare and safety of purchasers of manufactured housing in this state. 408 (H.B. Sec. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475- 2200 FAX (512) 475-1109 . (f) A retailer's or manufacturer's knowing and wilful failure, from September 1, 1981, to September 1, 1985, to comply with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: Sec. 2019), Sec. 3.05, eff. 863 (H.B. They are non-refundable. 77, Sec. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. NATURE OF PROPERTY. (a) Except as authorized under Section 1201.252, manufactured housing that is installed must be installed in compliance with the standards and rules adopted and orders issued by the department. The department shall cooperate with all local governmental units in this state. 338, Sec. 98, eff. Cite this article: FindLaw.com - Texas Tax Code - TAX 11.432. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 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. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED. 1016, Sec. 16, eff. Manufactured Home Property Tax Services. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. September 1, 2017. January 1, 2008. (a) The director may employ state inspectors to: (1) carry out the functions the department is required to perform under this chapter; (3) enforce the rules adopted and orders issued under this chapter. (a) If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the dispute. (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.
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