(c) All fees established by this chapter or the rules are deemed to be earned and not subject to refund after receipt by the department. Sec. 36, eff. Enter the number of acres used for residential purposes. Those terms may not be defined in a manner that is not identical to the definitions provided by Section 1201.003. 2019), Sec. (a) Except as otherwise provided by this section, a retailer must refund a consumer's deposit not later than the 15th day after the date that a written request for the refund is received from the consumer. (g) Notwithstanding Subsection (f), an owner of real property on which a manufactured home has been abandoned may apply for a new statement of ownership with respect to a home that was previously declared abandoned and then resold and abandoned again. 40, eff. (b) If a surety files for liquidation or reorganization in bankruptcy or is placed in receivership, the license holder shall obtain other security not later than the 60th day after the date that notice of the filing or receivership is received. 42, eff. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. 2238), Sec. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. 1201.052. (e) If the person charged does not pay the penalty and does not pursue judicial review, the department or the attorney general may bring an action for the collection of the penalty. Acts 2013, 83rd Leg., R.S., Ch. 863 (H.B. CONSUMER COMPLAINT HOME INSPECTION. September 1, 2017. 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. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. (6) a fee for the issuance of a seal for a used mobile or HUD-code manufactured home. home. 36, eff. 1201.201. It was reduced to $2,000.00 when the seller agreed to cease further activity contrary to the law. Sec. Acts 2011, 82nd Leg., R.S., Ch. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the board by order may find that a violation has occurred or has not occurred. Acts 2017, 85th Leg., R.S., Ch. A lien, charge, or other encumbrance on a home treated as personal property may be made only by filing the appropriate document with the department. 1421, Sec. 62, eff. (800) 792-1112. if (showMsg) { The median annual household income of manufactured home residents who own their homes is about $35,000, half of the median annual income of site-built homeowners. (e) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee. 2, eff. 338, Sec. 13, eff. This online feature allows License Holders to submit a inventory of homes which have been damaged by weather conditions and cannot be sold . PROHIBITED PURCHASE. 3.05, eff. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. September 1, 2017. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. 408 (H.B. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. 2019), Sec. 46 (H.B. Next . 4, eff. DOWN PAYMENT. Sec. 8, eff. September 1, 2013. 22, eff. 3.15, eff. Box 4663Houston, Texas 77210 Email: manufacturedhome@tax.hctx.net, 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. September 1, 2017. Amended by Acts 2003, 78th Leg., ch. (a) The department shall make available in electronic format, or in hard-copy format on request, to each chief appraiser of an appraisal district in this state a monthly report that, for each manufactured home reported as having been installed during the preceding month in the county for which the district was established and for each manufactured home previously installed in the county for which a transfer of ownership was recorded by the issuance of a statement of ownership during the preceding month, lists: (2) the name of the manufacturer of the home, if available; (3) the model designation of the home, if available; (4) the identification number of each section or module of the home; (5) the address or location where the home was reported as installed; and. 29, eff. January 1, 2008. 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. 2, eff. The department shall make an appropriate fee distribution to a local governmental unit that performs an inspection under a contract or other official designation if that unit does not collect a local inspection fee. Sec. 1421, Sec. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. (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; and. Homestead Exemption for Manufactured Home - last updated April 14, 2021 (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (c) A person may not offer to negotiate or negotiate for others a bargain or contract for the sale or exchange of two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a broker's license. 5, eff. (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. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. September 1, 2017. (e) Notwithstanding any other provision of this chapter, if the consumer purchases a used manufactured home from a retailer in the ordinary course of business, the consumer takes the manufactured home free and clear of any liens created by the selling retailer even if they are recorded. Acts 2017, 85th Leg., R.S., Ch. Section 1601 et seq. January 1, 2008. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. Sec. 1201.216. September 1, 2017. June 18, 2003. Please visit. January 1, 2008. } January 1, 2008. The rules must protect a lienholder recorded with the department. September 1, 2017. 408 (H.B. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 2019), Sec. A single filing by a tax collector is a filing for all the taxing units for which the tax collector is empowered to collect. Sec. Added by Acts 2001, 77th Leg., ch. Sec. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. 2438), Sec. Sec. 1201.062. 3.14, eff. Processing takes about 15 business days, but the applicant can pay an additional $55 service fee to process it within five business days from receipt. 1), Sec. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. PAYMENT BY SURETY OR FROM OTHER SECURITY. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. January 1, 2008. 27, eff. 2, eff. Added by Acts 2001, 77th Leg., ch. (f) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) actual damages to reimburse an affiliate or related person of a licensee, except when the director issues an order under Sections 1201.358(b) and (c); (2) actual damages to correct matters that are solely cosmetic in nature; (4) actual damages to address other matters, unless the matters involve: (B) a failure to return or apply as agreed money received from a consumer or money for which the consumer was obligated; (C) the breach of an agreement to provide goods or services necessary to the safe and habitable use of a manufactured home such as steps, air conditioning, access to utilities, or access to sewage and wastewater treatment; or. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2013, 83rd Leg., R.S., Ch. (a) The board shall adopt standards and requirements for: (1) the installation and construction of manufactured housing that are reasonably necessary to protect the health, safety, and welfare of the occupants and the public; and. 85(5), eff. The United States has had its fair share of strange legislation in its existence thus far. (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. 863 (H.B. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; 77 (H.B. 2019), Sec. 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. . 3361), Sec. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. (c) The board shall establish a fee for the inspection of the installation of a mobile or HUD-code manufactured home, to be paid by the installer of the home. (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. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. Acts 2007, 80th Leg., R.S., Ch. 2438), Sec. Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. 408 (H.B. 1510), Sec. (2) the construction of HUD-code manufactured homes in compliance with the federal standards and requirements established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. This subsection does not apply to: (2) an advertisement concerning real property on which there is a manufactured home that has been converted to real property in accordance with Section 1201.2055. 1421, Sec. 863 (H.B. If a homeowner finds an error on a Statement of Ownership, they can inform the agency by: To make the necessary corrections, owners must provide the identification numbers of the manufactured home, such as a HUD Label, a Texas seal and/or serial number, and information about the corrections required. Austin, Texas, 78744. (e) Ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed application for the issuance of a statement of ownership is filed with the department. If you lease a car, don't think you can get out of payments just because you're dead. Acts 2007, 80th Leg., R.S., Ch. 93-533) and its implementing regulations, a retailer shall deliver to a consumer at least 24 hours before the sales purchase contract is fully executed the contract, with all required information included, signed by the retailer. 47, eff. 2019), Sec. 8, eff. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). 10, eff. Acts 2013, 83rd Leg., R.S., Ch. PROCEDURE FOR RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. Acts 2017, 85th Leg., R.S., Ch. 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 . All Rights Reserved. Acts 2017, 85th Leg., R.S., Ch. Sec. 1201.058. 1201.452. Acts 2007, 80th Leg., R.S., Ch. If a mobile home is replaced by a HUD-code manufactured home in the municipality, the municipality shall grant a permit for use of the manufactured home as a dwelling in the municipality. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. 85(2), eff. 1201.051. 408 (H.B. 2, eff. 100 E. Weatherford Street. 408 (H.B. Acts 2005, 79th Leg., Ch. (a) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without fulfilling the instruction requirements of Section 1201.104(a). If an application for an initial statement of ownership is made without the required manufacturer's certificate and the retailer does not provide it as required, the department shall, on or before the issuance of the requested statement of ownership, send written notice to each party currently reflected on the department's records as having a recorded lien on the inventory of that retailer with respect to that home. 1079 (H.B. 2238), Sec. A closing date is then decided where the seller will move their possessions out of the home. Sec. 31, eff. Fill Out The Addendum To Application For Statement Of Ownership - Texas Online And Print It Out For Free. 408 (H.B. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. June 18, 2003; Acts 2003, 78th Leg., ch. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. 17, eff. 1510), Sec. 9, eff. Application fees are relatively inexpensive, but the homeowner may incur additional charges depending on their application. Sec. 57, eff. Acts 2007, 80th Leg., R.S., Ch. (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. 20, 21, eff. 2019), Sec. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license.