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. 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. 408 (H.B. 338, Sec. (a) A manufacturer, retailer, broker, or installer who maintains a place of business at one or more locations shall file with the department a separate bond or other security for each location. Sec. is listed on the tax rolls with the real property to which it is attached or listed 47, eff. Acts 2005, 79th Leg., Ch. 2019), Sec. 100 E. Weatherford Street. "; (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. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. (3) disputes responsibility concerning the warranty obligation. (d) In accordance with the provisions of Section 7.210, Business & Commerce Code, a licensed retailer acting as a warehouse to enforce a warehouse's lien is considered to have sold a manufactured home in a commercially reasonable manner if the retailer sells the manufactured home in the same manner the retailer would sell a manufactured home at retail. REFUNDS. 1460), Sec. 1079 (H.B. 1460), Sec. 2019), Sec. (2) investigate the claim and issue a preliminary determination, giving the consumer, the licensee, and any surety an opportunity to resolve the matter by agreement or to dispute the preliminary determination. Acts 2017, 85th Leg., R.S., Ch. 8, eff. September 1, 2017. (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. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. Contact Us: By Mail: Assessment Department. Added by Acts 2013, 83rd Leg., R.S., Ch. September 1, 2013. 1284 (H.B. 2019), Sec. 863 (H.B. 2438), Sec. Acts 2007, 80th Leg., R.S., Ch. If they submit the application after 60 days, there will be a late fee charged up to $100. (a) If the manufacturer, retailer, or installer does not provide the consumer with proper warranty service, the consumer may, at any time, request the department to perform a consumer complaint home inspection. 1079 (H.B. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS. If the retailer is compelled to perform corrective action because of the failure of the installer to comply with the director's order, the retailer may seek reimbursement from the installer. 1460), Sec. (b)The land on which a manufactured home is located qualifies as a residence homestead IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; ), including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. June 18, 2003. (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. September 1, 2017. 1421, Sec. The heart of the home is its large living room and kitchen/dining area. The term does not include a person who maintains a location for the display of manufactured homes. 863, Sec. 408 (H.B. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. Sec. Sec. 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. Sec. Misuse of this system is subject . 2238), Sec. Acts 2007, 80th Leg., R.S., Ch. 77 (H.B. This chapter may be cited as the Texas Manufactured Housing Standards Act. A hearing of an appeal of an order of suspension issued under Subsection (f) shall be held not later than the 15th day after the date of receipt of the notice of appeal. 1079 (H.B. (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. (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. Cite this article: FindLaw.com - Texas Tax Code - TAX 11.432. June 18, 2003. EFFECTIVE DATE OF REQUIREMENT OR STANDARD. (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. 1460), Sec. Keep in mind there may be additional closing forms required. 35, eff. 863 (H.B. (b) On receipt of a verified complaint, the department shall: (1) notify each appropriate license holder and the issuer of any surety bond issued in connection with their licenses; and. Sept. 1, 2003. Sec. September 1, 2017. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. LICENSE REQUIRED. 1460), Sec. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. Acts 2007, 80th Leg., R.S., Ch. on the tax rolls separately. 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. They also found a . 338, Sec. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; 2019), Sec. (c) No test shall be given in relation to any continuing education program. 1201.452. (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. Acts 2017, 85th Leg., R.S., Ch. ELECTION BY OWNER. September 1, 2013. 9, eff. In the event that you sell or transfer ownership of a home, the SOL must be . } 408 (H.B. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code. Acts 2007, 80th Leg., R.S., Ch. (d) Unless the information provided for in Subsection (c) is provided electronically, the department shall pay the reasonable cost of providing the list and information under Subsection (c). The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . (b) The director may request or issue subpoenas for a licensee's records. Sec. January 1, 2008. When applying for a Statement of Ownership, buyers must determine what supporting documents they may need: 2438), Sec. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. 1201.407. 5, eff. (2) improve the general welfare and safety of purchasers of manufactured housing in this state. Added by Acts 2001, 77th Leg., ch. If you have any additional questions, please . Acts 2005, 79th Leg., Ch. (g) A person may not make an announcement concerning the sale or exchange of, or offer to sell or exchange, a manufactured home to a consumer in this state through an advertisement unless the person holds a manufacturer's, retailer's, or broker's license. Amended by Acts 2003, 78th Leg., ch. (b) Payment by the surety or from the other security must be made not later than the 30th day after the date of notice from the director that a consumer claim has been paid. If feasible, any action required under this chapter may be accomplished by electronic means. 10, eff. (2) appliances and equipment included with the sale of the home and installed by the retailer are or will be: (A) installed in accordance with the instructions or specifications of the manufacturers of the appliances or equipment; and. 2019), Sec. (b) The department is not liable to the consumer if the manufactured homeowner consumer claims program does not have the money necessary to pay the actual damages determined to be payable. During the period of suspension, the person may not perform any act requiring a license under this chapter, and all compensation received by the person during the period of suspension is subject to forfeiture to the person from whom it was received. September 1, 2017. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. Part 1026. 28, eff. Acts 2007, 80th Leg., R.S., Ch. (9-a) "Credit transaction" has the meaning assigned by Section 347.002(a)(3), Finance Code. 8, eff. Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. September 1, 2013. 52, eff. 8(2), eff. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. (2) the home is offered as real property. 77 (H.B. (a-1) For the period immediately following June 30 of each year, the department shall, except for applications relating to new manufactured homes and applications accompanied by a tax certificate, cease issuing statements of ownership until all tax liens filed with the department before June 30 have been processed and either recorded or rejected. 77 (H.B. (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. (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. 77, Sec. 2019), Sec. 23, eff. September 1, 2017. (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. ELECTRONIC PUBLIC RECORDS REQUIRED. 1201.302. 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. Sec. (e) If the governor by executive order or proclamation declares a state of disaster under Chapter 418, Government Code, the director, in accordance with rules adopted by the board, may waive the imposition of any fee under this chapter in the affected area. License Number License Holder Name. 3.14, eff. Acts 2005, 79th Leg., Ch. 1, eff. 408 (H.B. January 1, 2008. 2019), Sec. (c) After the first retail sale of a manufactured home, the retailer must submit the original manufacturer's certificate for that home to the department. 2, eff. (C) does not include a recreational vehicle as defined by 24 C.F.R. 408 (H.B. 338, Sec. 14A.254(a), eff. (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. Amended by Acts 2003, 78th Leg., ch. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 3.04, eff. 2019), Sec. 56, eff. (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. 27, eff. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. 1801 Congress Ave . September 1, 2017. June 1, 2003. A person removing a home is responsible to the real property owner for any damage to the real property resulting from the removal of the home. June 18, 2005. 55, eff. 2019), Sec. 408 (H.B. 863 (H.B. Added by Acts 2001, 77th Leg., ch. 408 (H.B. (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. Acts 2011, 82nd Leg., R.S., Ch. (b) If the department issues a statement of ownership for a manufactured home, the department shall maintain a record of the issuance in its electronic records and shall mail a copy to the owner and each lienholder. (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. In our commitment to open government, we invite open records requests in writing. to the Texas Department of Housing and Community Affairs during an application cycle that is based on the 2024 qualified allocation plan or a subsequent plan . (a) The manufacturer of a new HUD-code manufactured home shall warrant, in a separate written document, that: (1) the home is constructed or assembled in accordance with all building codes, standards, requirements, and regulations prescribed by the United States Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 69, eff. Sec. INSPECTION, REVIEW, AND RELATED FEES. 1460), Sec. (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 . SANCTIONS AND PENALTIES. 1201.401. Section 5301 et seq.) (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. (b) A person is not required to be a broker licensed under this chapter but may be required to be a real estate broker or salesperson licensed under Chapter 1101 if: (1) the manufactured home is attached; and. (1) contain the information required by the United States Department of Housing and Urban Development; and. 408 (H.B. L. No. 863 (H.B. 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. (b) On application, the municipality shall permit the installation of a HUD-code manufactured home for use as a dwelling in any area determined appropriate by the municipality, including a subdivision, planned unit development, single lot, and rental community or park. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. P.O. The definitions of "mobile home," "HUD-code manufactured home," and "manufactured housing" provided by Section 1201.003 are binding as a matter of law on each person and agency in this state, including a home-rule municipality or other political subdivision. Acts 2017, 85th Leg., R.S., Ch. WIND ZONE REGULATIONS. Sec. 338, Sec. Added by Acts 2001, 77th Leg., ch. PROHIBITED REAL ESTATE TRANSACTION. September 1, 2009. 2, eff. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. Acts 2017, 85th Leg., R.S., Ch. 14A.254(a), eff. 2438), Sec. 863 (H.B. (b) A salesperson may not submit to a retailer information known to be false or misleading. September 1, 2011. 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. Added by Acts 2001, 77th Leg., ch. Home ownership data was last updated on 03/02/2023. A family relationship required by this subsection may be a relationship established by adoption. (a) A manufacturer's certificate must show: (1) on a form prescribed by the director, the original transfer of a manufactured home from the manufacturer to the retailer; and. 1201.151. 1284 (H.B. (f) Judicial review of the order of the director assessing the penalty is subject to the substantial evidence rule and shall be instituted by filing a petition with a district court in Travis County. 62, eff. 863 (H.B. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. (B) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. 1421, Sec. Sec. Sec. . The consumer shall return the completed application to the retailer. 43, eff. Breaking a lease due to disability can also be costly. 15, eff. Acts 2017, 85th Leg., R.S., Ch. Texas Department Of Manufactured Housing Statement Of Ownership . June 18, 2005. 1201.254. Acts 2013, 83rd Leg., R.S., Ch. 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). Those numbers identify the mobile home when you look up taxes and liens associated with the property. Added by Acts 2003, 78th Leg., ch. Added by Acts 2019, 86th Leg., R.S., Ch. The statement required by Section 1201.205(7) is notice to all persons that the tax lien exists. (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. 2238), Sec. 338, Sec. (a) Except as provided for in Subsection (a-1), the department shall process any completed application for the issuance of a statement of ownership not later than the 15th working day after the date the application is received by the department. (d) Notwithstanding any other provision of this chapter, if the consumer purchases a new manufactured home from a licensed retailer in the ordinary course of business, whether or not a statement of ownership has been issued for the manufactured home, the consumer is a bona fide purchaser for value without notice and is entitled to ownership of the manufactured home free and clear of all liens and to a statement of ownership reflecting the same on payment by the consumer of the purchase price to the retailer. (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.
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