1460), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 1201.162. 1201.410. 77 (H.B. 85(1), eff. Such rules may also specify such procedures and requirements as the board may deem necessary and advisable for the administration of the manufactured homeowner consumer claims program. 10, eff. If an owner of a mobile home chooses to change its use from a business to a residential property, they need to reapply and indicate the change in use. The following is a list of documents and information required by the Texas Department of Housing and Community Affairs as a filing requirement for a Statement of Ownership issued by the Department.1. An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. Sec. 1201.101. 338, Sec. Submit Inventory Online. 1284 (H.B. (d) The retailer may not require a consumer to make a down payment on the acquisition of a manufactured home from the retailer's inventory until the time the installment contract is executed. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. Section 3282.8(g). In order to satisfy this requirement, the property owner may apply to our office for any of the following: Our staff is available to assist you with these and any questions regarding property taxes on manufactured housing. 2019), Sec. A retailer may require a deposit on a specially ordered manufactured home. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. In an announcement on Thursday . 26, eff. 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. 338, Sec. PROBATION. The link to Contact the Aircraft Registration Branch provides our contact information including our mailing and physical addresses. Acts 2017, 85th Leg., R.S., Ch. (d) If a hearing is not requested under Subsection (c) before the 31st day after the date an order is issued, the order is considered final and not appealable. (2) a "warehouseman" under Chapter 24, Property Code. Obtain a expertly-drafted, state-specific template within minutes. 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. (b) Except as provided by Subsection (a) and subject to Subsection (d), a lien on a manufactured home is perfected only by filing with the department the notice of lien on a form provided by the department. January 1, 2008. June 1, 2003. home. 863 (H.B. If the applicant made a mistake, they'll need to fill out a new application and pay the $55 fee a second time for a correct statement. Acts 2017, 85th Leg., R.S., Ch. 1201.610. Added by Acts 2001, 77th Leg., ch. Acts 2005, 79th Leg., Ch. June 18, 2005. 1079 (H.B. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. Sec. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. 408 (H.B. Acts 2005, 79th Leg., Ch. Sec. ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". (a) A retailer may not state payment of a down payment in a retail installment sales contract or other credit document unless the retailer has actually received the entire down payment at the time of execution of the document. 21, eff. Acts 2007, 80th Leg., R.S., Ch. The program must place priority on inspecting multisection homes and homes installed in Wind Zone II counties. The application fee is currently $55, which should be submitted directly to the TDCHA. The Statement of Ownership is what confirms ownership and liens recorded with the Department. 2.001. 2019), Sec. (2) money stated to be a down payment in an executed retail sales contract. 1460), Sec. ), including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. 408 (H.B. Added by Acts 2001, 77th Leg., ch. 863 (H.B. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. 408 (H.B. VOIDABLE CONTRACT. Any person is allowed to sell one manufactured home in a twelve-month period. 77 (H.B. 1460), Sec. The remedies available under Subchapter E, Chapter 17, Business & Commerce Code, are cumulative of the remedies under this chapter. Section 1026.23. (23) "Related person" means a person who: (A) directly participates in management or policy decisions; and. 408 (H.B. (b) The department shall cooperate with the Texas Department of Motor Vehicles by providing current lists of licensed manufacturers, retailers, and installers. Added by Acts 2005, 79th Leg., Ch. September 1, 2017. January 1, 2008. An incomplete application can also delay processing. (5) the expansion of certain regulatory powers is: (A) necessary to address the problems described by Subdivisions (1)-(4); and. 408 (H.B. 1201.2055. 408 (H.B. 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. (a) Notwithstanding any other law, in any 12-month period a person is exempt from holding a retailer's license as required by Section 1201.101(b) if during that period the person sells or offers to sell not more than three manufactured homes. (d) A tax lien on a manufactured home not held in a retailer's inventory is perfected only by filing with the department the notice of the tax lien on a form provided by the department in accordance with the requirements of Chapter 32, Tax Code. Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code. 1284 (H.B. Section 4001 et seq. June 18, 2003. The use changes, as from residential to nonresidential and vice versa. 2438), Sec. 2238), Sec. Today, the Statement of Ownership confirms the manufactured home's ownership and any liens. (3)the applicant demonstrates ownership of the manufactured home under Subsection 2019), Sec. 863 (H.B. (4) "Attached" in reference to a manufactured home means that the home has been: (A) installed in compliance with the rules of the department; and. (a) The department shall require that an applicant for a license or renewal of an unexpired license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. 17, eff. Acts 2017, 85th Leg., R.S., Ch. LICENSE EXPIRATION. 2019), Sec. (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. 338, Sec. Acts 2017, 85th Leg., R.S., Ch. A civil action filed under this subsection shall be filed in district court in Travis County. Acts 2017, 85th Leg., R.S., Ch. Manufactured Housing Division - Online Statement of Ownership Application System. A second or subsequent conviction for an offense under this section is a Class A misdemeanor. 48, eff. Beginning on September 1, 2003, the TDHCA considered all outstanding documents of title as Statements of Ownership, which the agency issues from MHD headquarters in Austin.They must also apply for a statement when: A Statement of Ownership application costs $55 to process, and a late application may result in a $100 fee and a delay in its issuance if it is over 60 days late. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person's warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation. Acts 2007, 80th Leg., R.S., Ch. When applying for a Statement of Ownership, buyers must determine what supporting documents they may need: (b) If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties. (2) present at the next board meeting an analysis detailing whether the need for the rule, process, or policy change justifies the increase. 338, Sec. 28, eff. 1201.551. Acts 2017, 85th Leg., R.S., Ch. 1201.111. 3.04, eff. The surety shall provide written notice to the director before the 60th day preceding the effective date of cancellation. 44, eff. They'll need to provide evidence of ownership, such as a bill of sale, contract, deed, purchase agreement or sale receipts. 1201.006. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; 37, eff. 1, eff. INFORMATION ON RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. 1421, Sec. The mobile home's lien information changes. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. (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. In the State of Texas, all mobile or manufactured home Statement of Ownership are issued by the Texas Department of Housing and Community Affairs (TDHCA), Manufactured Housing Division located in Austin. 9, eff. 3.13, eff. (g) An order of suspension under Subsection (f) may be appealed. September 1, 2009. 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. ); (2) may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1201.1025. 408 (H.B. (e) The advisory committee established by Subsection (d) shall make a report to the board setting forth each comment and concern over any proposed rules. DENIAL OF LICENSE; DISCIPLINARY ACTION. June 18, 2005. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. TDHCA MHD FORM 1023 Form Page 1 of 2 Figure: 10 TAC 80.209(a) Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. (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. (a) The director may deny, permanently revoke, or suspend for a definite period and specified sales location or geographic area a license if the director determines that the applicant or license holder: (1) knowingly and wilfully violated this chapter or a rule adopted or order issued under this chapter; (2) unlawfully retained or converted money, property, or any other thing of value from a consumer in the form of a down payment, sales or use tax, deposit, or insurance premium; (3) failed repeatedly to file with the department a completed application for a statement of ownership before the 61st day after the date of the sale of a manufactured home as required by Section 1201.206 or the date of the installation, whichever occurred later; (4) failed to give or breached a manufactured home warranty required by this chapter or by the Federal Trade Commission; (5) engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code; (6) failed to provide or file a report required by the department for the administration or enforcement of this chapter; (7) provided false information on an application, report, or other document filed with the department; (8) acquired a criminal record during the five-year period preceding the application date that, in the opinion of the director, makes the applicant unfit for licensing; (9) failed to file a bond or other security for each location as required by Subchapter C; (10) has had another license issued by this state revoked or suspended; or. 56, eff. 3.03, eff. (1) shall advise each local governmental unit biennially in writing of the program for contracting installation inspections; (2) shall encourage local building inspection officials to perform enforcement and inspection activities for manufactured housing installed in the local governmental unit; and. (f) If the owner of a manufactured home relocates the home, the owner shall apply for the issuance of a new statement of ownership not later than the 60th day after the date the home is relocated. 47, eff. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. 18, eff. if (showMsg) { COMPLIANCE NOT REQUIRED FOR LIENHOLDER. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. 3.12, eff. (c) This chapter shall be liberally construed to promote its policies and accomplish its purposes. (a) If the manufacturer, retailer, or installer, as applicable, fails to provide warranty service within a period specified by the director, the manufacturer, retailer, or installer must show good cause in writing as to why the manufacturer, retailer, or installer failed to provide the service. (c) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) punitive, exemplary, double, or treble damages; or. Acts 2007, 80th Leg., R.S., Ch. 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. She holds a B.A. (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. This includes an age limit on those who use playgrounds in Kansas, a prohibition on masked groups in New York (until the COVID-19 pandemic changed life as we know it) and a ban on using ferrets as hunting animals in West Virginia. 2, eff. (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. Sec. 1201.502. regardless of whether the applicant has elected to treat the manufactured home as (b) If the home does not have the appropriate seal or label, the person must: (1) apply to the department for a seal; and. (b) If the sale or exchange of the repossessed manufactured home is to or through a licensed retailer, the retailer is responsible and liable for compliance with this chapter and department rules. (i) constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; (iii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; (iv) transportable in one or more sections; and. 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. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. (a) Except as otherwise provided by Subchapter C, a payment made under the manufactured homeowner consumer claims program shall be paid directly to a consumer or, at the director's option, to a third party on behalf of a consumer to compensate a consumer who sustains actual damages resulting from an unsatisfied claim against a licensed manufacturer, retailer, broker, or installer if the unsatisfied claim results from a violation of: (3) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. INSTRUCTION FEE. 35, eff. (2) a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement. (B) free from defects in materials or workmanship. (e) A new statement of ownership issued by the department under this section transfers, free of any liens, if there is evidence of United States Postal Service return receipt from all lienholders, title to the manufactured home to the real property owner. 1421, Sec. 2438), Sec. June 1, 2003. 77 (H.B. 1421, Sec. 1201.157. (k) Notwithstanding any provision in this chapter to the contrary, if a person has acquired a manufactured home and the owner of record or any intervening owners of liens or equitable interests cannot be located to assist in documenting the chain of title, the department may issue a statement of ownership to the person claiming ownership if the person can provide a supporting affidavit describing the chain of title and such reasonable supporting proof as the director may require. June 1, 2003. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. Sec. 77 (H.B. USED OR SALVAGED MANUFACTURED HOMES. (c) The director shall prepare information for notifying consumers of the director's option to order a direct refund under this section, shall post the information on the department's Internet website, and shall make printed copies available on request. (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. ); and. The program is also responsible for park and dealer complaints; park, dealer and . The department shall make available to the public on the department's Internet website in a searchable and downloadable format all ownership and lienholder information contained on the statement of ownership. CEASE AND DESIST. Acts 2017, 85th Leg., R.S., Ch. 14, eff. 2741), Sec. 1801 Congress Ave . Penney OpCo LLC, doing business as JCPenney and often abbreviated JCP, is a midscale American department store chain operating 667 stores across 49 U.S. states and Puerto Rico. Sec. June 18, 2005. (3) a copy of the statement of ownership has been filed in the real property records for the county in which the home is located. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. June 18, 2003. June 18, 2005. The department may not refuse to issue a statement of ownership and may not suspend or revoke a statement of ownership unless: (1) the application for issuance of the statement of ownership contains a false or fraudulent statement, the applicant failed to provide information required by the director, or the applicant is not entitled to issuance of the statement of ownership; (2) the director has reason to believe that the manufactured home is stolen or unlawfully converted, or the issuance of a statement of ownership would defraud the owner or a lienholder of the manufactured home; (3) the director has reason to believe that the manufactured home is salvaged, and an application for the issuance of a new statement of ownership that indicates that the home is salvaged has not been filed; (5) the state sales and use tax has not been paid in accordance with Chapter 158, Tax Code, and Section 1201.208; or. Sec. (2) "Affiliate" means a person who is under common control. D. EPARTMENT OF . BOX 12489 Austin Texas 78711-2489 800 500-7074 512 475-2200 FAX 512 475-1109 Clear all form fields Internet Address www. 15(3), eff. 338, Sec. 499), Sec. (g) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1201.505. PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT. June 1, 2003. (c) No test shall be given in relation to any continuing education program. (a) A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety. Sec. The home will need to pass an inspection conducted by a certified inspector, and the report will most likely be finished within 48 hours. January 1, 2008. January 1, 2008. Added by Acts 2003, 78th Leg., ch. (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. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. If, before the 31st day after the date a person receives notice of the imposition of an administrative penalty, the person requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. (a) A retailer may not sell a trade-in manufactured home before the closing of the sale in connection with which the retailer receives the trade-in. 68, eff. Sec. (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. 23, eff. (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. Added by Acts 2001, 77th Leg., ch. Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. RULES RELATING TO CERTAIN PERSONS. Sept. 1, 2003. This chapter may be cited as the Texas Manufactured Housing Standards Act. 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. 1201.216. 1421, Sec. 863 (H.B. September 1, 2017. Acts 2005, 79th Leg., Ch. 408 (H.B. (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. September 1, 2017. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Step 3: Check exemptions that apply to you. January 1, 2008. 47, eff. January 1, 2008. 1201.153. An owner may elect to treat a manufactured home as real property only if the home is attached to: (2) land leased to the owner of the . (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.

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