19, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (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. January 1, 2008. September 1, 2013. 2019), Sec. Sec. September 1, 2017. 2019), Sec. 14, eff. 863 (H.B. (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. 1201.454. They also need the approval of each lien holder and must place the lien holders' written consent on file with the TDHCA. The mobile home's physical location changes. Manufactured Housing Division Acts 2007, 80th Leg., R.S., Ch. Click here to access an Open Records Request form. (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. (b) If a combination warranty is given under this section, the manufacturer and retailer are not required to give separate written warranties, but the manufacturer and retailer are jointly liable with the seller of the real property to the purchaser for the performance of their respective warranty obligations. 408 (H.B. (b) Except in the case of an applicant for a salesperson's license, successful completion of the course of instruction is a prerequisite to obtaining the license. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. (2) the existence of all tax liens on that home for which notice has been filed with the department. (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. 2019), Sec. 338, Sec. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT. 408 (H.B. 47, 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. September 1, 2017. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. September 1, 2017. June 18, 2005. . 3.05, eff. (2) a "warehouseman" under Chapter 24, Property Code. The TDHCA will review the initial Statement of Ownership application. 1284 (H.B. 58, eff. 2019), Sec. 48, eff. (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. 17, 18, eff. 4, eff. 1460), Sec. 1079 (H.B. Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. 2019), Sec. 77 (H.B. Acts 2009, 81st Leg., R.S., Ch. 85(5), eff. (c) The department may carry out "sting" or undercover investigations in accordance with board-adopted rules if the director believes such action to be appropriate in order to detect and address suspected violations of this chapter. When buying or selling a mobile home with Mobile Home HQ our team will provide and make sure all paperwork is correct and compliant with the state. GENERAL RULEMAKING AUTHORITY. 1460), Sec. Sec. If you own a manufactured home and rent a space in a mobile home park or from another landowner, you should be receiving a separate tax bill for your manufactured home. (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. Acts 2005, 79th Leg., Ch. 60, eff. Acts 2005, 79th Leg., Ch. 6, eff. Sec. 13, eff. 1201.610. Section 5401 et seq. 408 (H.B. 2019), Sec. 1201.109. September 1, 2017. (b) A retailer may not sell, represent for sale, or offer for sale real property in conjunction with the sale of a manufactured home except as authorized by the department consistent with Chapter 1101. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. Box 4663Houston, Texas 77210 Email: manufacturedhome@tax.hctx.net, 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. (b) Repealed by Acts 2009, 81st Leg., R.S., Ch. If the person made the subject of the order files a written request for a hearing with the director, the order shall be deemed to have been appealed and shall be a contested case under Chapter 2001, Government Code. (a) If the ownership of a manufactured home in this state is transferred by inheritance, devise, or bequest, by bankruptcy, receivership, judicial sale, or other involuntary divestiture of ownership, or by any other operation of law, the department shall issue a new statement of ownership after receiving a copy of: (1) the order or bill of sale from an officer making a judicial sale; (2) the order appointing a temporary administrator; (4) the letters testamentary or the letters of administration; or. FORMALDEHYDE HEALTH NOTICE. 3, eff. September 28, 2011. An offense under this section is a Class B misdemeanor. Acts 2013, 83rd Leg., R.S., Ch. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. Added by Acts 2003, 78th Leg., ch. 22, eff. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1421, Sec. 1421, Sec. 1201.158. 3613), Sec. No part of the down payment on the purchase of the manufactured home or any fees, points, or other charges or "buy-downs" may be paid from money from the seller of the real property or a person acting on the seller's behalf. 28, eff. Amended by Acts 2003, 78th Leg., ch. 2019), Sec. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. 1460), Sec. 408 (H.B. 14, eff. 863 (H.B. A tax lien recorded with the department has priority over another lien or claim against the manufactured home. DENIAL OF LICENSE; DISCIPLINARY ACTION. (b) A licensee may engage another person who is not licensed under this chapter but possesses another license issued by the State of Texas to provide goods and services subject to that other license. 8(2), eff. 944), Sec. Acts 2017, 85th Leg., R.S., Ch. 46 (H.B. 338, Sec. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; (d) Notwithstanding other provisions of this subchapter, this subchapter does not apply to, and a consumer may not recover through the manufactured homeowner consumer claims program as a result of, a claim against a license holder that results from a cause of action directly related to the sale, exchange, brokerage, or installation of a manufactured home before September 1, 1987. 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 . 15, eff. (2) on the death of one of the persons, the department is provided with a copy of the death certificate of that person. 408 (H.B. 1510), Sec. BOX 12489 Austin, Texas 78711-2489 Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. (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. Manufactured Housing - License View The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. The applicant is required to submit a set of fingerprints only once under this section unless a replacement set is otherwise needed to complete the criminal history check required by this section. The director may issue an order to revoke, suspend, or deny a new or renewal license. GENERAL PROVISIONS. 77 (H.B. Added by Acts 2017, 85th Leg., R.S., Ch. 12, eff. Contact us at: Manufactured Homes DepartmentHarris County Tax OfficeP.O. September 1, 2017. (a) The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs. 2019), Sec. 39, eff. (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. 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. (13) "Installation" means the temporary or permanent construction of the foundation system and the placement of a manufactured home or manufactured home component on the foundation. Amended by Acts 2003, 78th Leg., ch. 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. January 1, 2008. 1201.222. (a) Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization to a licensed retailer to sell or exchange a used manufactured home that is not or may not be habitable to or with a governmental housing agency or authority or to a nonprofit organization that provides housing for the homeless. The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. Acts 2013, 83rd Leg., R.S., Ch. 1201.204. 863 (H.B. September 1, 2017. June 18, 2003. 1460), Sec. September 1, 2017. 863 (H.B. (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. (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. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is reserved for a business use. June 1, 2003. (g) Repealed by Acts 2017, 85th Leg., R.S., Ch. (f-1) A retailer may not be licensed to operate more than one location under a single license. 863 (H.B. 1201.201. (25) "Rules" means the rules of the department. 338, Sec. 38, eff. A mobile home is not a HUD-code manufactured home and a HUD-code manufactured home is not a mobile home for any purpose under state law. Acts 2017, 85th Leg., R.S., Ch. Category: Texas Real Estate - Manufactured Homes. (2) any indebtedness secured by the home or related to a lease agreement between the owner of the real property and the owner of the home is considered delinquent. 77 (H.B. The Statement of Ownership is what confirms ownership and liens recorded with the Department. Statement of Ownership Application Instructions (PDF) . If you cannot find the home, you can look through the archived records for any ownership information before March 1982. RULE 80.90. The warranty must conspicuously disclose that notice requirement to the consumer. June 18, 2005. (b) In enforcing this chapter, the director may authorize a state inspector to travel inside or outside of the state to inspect a licensee. (d) If a retailer or broker offers for sale or participates in any way in the sale of a manufactured home at a location other than an undivided parcel of real property where more than one manufactured home is located and offered for sale or exchange by a retailer or broker to the public, the retailer or broker must: (1) identify the bond on file with the department in conjunction with that person's license; and. (B) the most economical and efficient means to address those problems and serve the public interest. If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder. 408 (H.B. (2) submit to a credit underwriter or lending institution information known to be false or misleading. (2) the date the director determines that a claim does not exist against the security. 338, Sec. (c) The department shall perform a consumer complaint home inspection not later than the 30th day after the date of receipt of a request for the inspection. Acts 2005, 79th Leg., Ch. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. Texas Department Of Manufactured Housing Statement Of Ownership 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. Section 5401 et seq. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. A retailer may not purchase for resale to a consumer a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. 49, eff. (a) If the sale or exchange of a used manufactured home is to a purchaser for the purchaser's business use, the home is not required to be habitable unless the purchaser discloses to the retailer in writing at the time of purchase that the purchaser intends for a person to be present in the home for regularly scheduled work shifts of not less than eight hours each day. 3361), Sec. Acts 2007, 80th Leg., R.S., Ch. (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. 408 (H.B. Manufactured Housing - Download Ownership Records (f) An applicant for an initial installer's license shall receive a license on a provisional basis. (b) A retailer may not sell or exchange, or offer to sell or exchange, a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. PDF Manufactured Housing Division - Texas Department of Housing & Community
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