Acts 2007, 80th Leg., R.S., Ch. 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 . HABITABILITY. 2019), Sec. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. For purposes of this subsection, "refurbish" means any general repairs, improvements, or aesthetic changes to a manufactured home that do not constitute the rebuilding of a salvaged manufactured home. View License Records. 69, eff. DEFINITIONS. 3361), Sec. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. Sec. June 18, 2005. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. The Texas SOL application will help transfer the home from the current seller to the new buyer. ISSUANCE OF STATEMENT OF OWNERSHIP. INSPECTION OF LICENSEE RECORDS. June 1, 2003. Once you have completed the form listing the requested information, you may mail it to: APPLICABILITY OF BUSINESS & COMMERCE CODE. 21, eff. (d) If the seller is required to possess a license by this chapter, a broker may assist in the sale of a manufactured home only if that seller has a current license. It was reduced to $2,000.00 when the seller agreed to cease further activity contrary to the law. Acts 2005, 79th Leg., Ch. MANUFACTURER'S WARRANTY. Because of its regulatory nature, it is governed by its own board and executive director. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. 1201.205. 2238), Sec. 1201.353. 16, eff. (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. 338, Sec. (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. 338, Sec. Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically become a final order. The consumer protection division of the attorney general's office shall prepare the form of the notice, which must be approved by the director. function dmim(msgStr) { 1421, Sec. (2) adopt rules intended to maintain the historical passage rate for the examination. 2019), Sec. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. 2, eff. (2) govern the business conduct of license holders. RULE 80.90. 52, eff. September 1, 2017. Control #: TX-C104 Instant Download Buy now. Louisiana [pronunciation 1] (French: La Louisiane (); Spanish: Luisiana) is a state in the Deep South and South Central regions of the United States.It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states.Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. 2, eff. DECEPTIVE TRADE PRACTICES. REPORT AND ORDER; AMENDMENT; COMPLIANCE. 24, eff. (7) "Business use" means the use of a manufactured home in conjunction with operating a business, for a purpose other than as a permanent or temporary residential dwelling. (b) For the purposes of Subsection (a)(1), the department may rely on a commitment for title insurance, a title insurance policy, or a lawyer's title opinion to determine that any liens on real property have been released. (a-4) An applicant for a joint installer-retailer license must comply with Subsections (a-2) and (a-3), for a total of eight hours of specialized instruction. COOPERATION WITH LOCAL GOVERNMENTAL UNITS. 863 (H.B. The serial number, VIN, seal number, and label number are all included on the SOL. Block 4 describes the ownership information where you can specify whether this transaction is a sale and record the transfer date. June 1, 2003. window.status = msgStr; Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. Sept. 1, 2003. Acts 2011, 82nd Leg., R.S., Ch. June 18, 2005. Copyright 2018 Texas Manufactured Housing Association. (512) 389-4800. 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. 3.03, eff. 338, Sec. Florida's general state sales tax rate is 6% with the following exceptions: Retail sales of new mobile homes - 3% Amusement machine receipts - 4% Rental, lease, or license of commercial real property - 5.5% Electricity - 6.95% Use TaxA bill of sale is a legal document acting as a receipt between the person selling a used car and the person . 2, eff. 1284 (H.B. (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. (4) all exterior doors and windows are in place and operate properly. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. (9) "Control" means, with respect to another person, the possession of the power, directly or indirectly, to vote an interest of 25 percent or more. Sept. 1, 2003. 77 (H.B. (B) the most economical and efficient means to address those problems and serve the public interest. (b) On payment of the required inspection fee, the manufacturer, retailer, or installer may request the department to perform a consumer complaint home inspection if the manufacturer, retailer, or installer: (1) believes the consumer's complaints are not covered by the warranty of the manufacturer, retailer, or installer, as applicable; (2) believes that the warranty service was properly provided; or. 408 (H.B. 2019), Sec. 34(1), eff. Acts 2009, 81st Leg., R.S., Ch. 98, eff. 863 (H.B. Sec. 338, Sec. September 1, 2009. To apply for a duplicate certificate of title the owner of record needs to complete the form Request for Duplicate Title (DMV-4-TR), with a lien release (if applicable), and include a copy of . (2) be of the type, size, and format required by the director. Sec. 1201.1025. 46 (H.B. 1201.209. Acts 2017, 85th Leg., R.S., Ch. 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. PROGRAM MONITORING. 23, eff. Those numbers identify the mobile home when you look up taxes and liens associated with the property. 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. (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. (2) the home is offered as real property. 863 (H.B. January 1, 2008. 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. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; The mobile home changes its treatment, as from real to personal property and vice versa. June 18, 2003. The TDHCA reviews the application upon receipt and if it finds the evidence presented to be insufficient, it will notify the applicant and send a Request for Additional Information (RAI). Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. (i-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 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. June 18, 2003; Acts 2003, 78th Leg., ch. June 18, 2003. (2) real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency. } June 1, 2003. (b) A person who owns a used manufactured home that is salvaged shall apply to the director for the issuance of a new statement of ownership that indicates that the home is salvaged. Texas quit using paper titles to prove ownership of mobile homes in 2003, replacing it with electronic SOLs. 1079 (H.B. 1201.357. Sec. Section 4001 et seq. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. (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. (d) An applicant for a salesperson's license must: (1) file with the director an application that provides any information the director considers necessary and that is sponsored by a currently licensed retailer or broker; and. 73(a)(3), eff. Active Inactive All. (c) Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction. 2019), Sec. // 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. Questions or comments, please call 1-800-500-7074. SUBCHAPTER M. ENFORCEMENT PROVISIONS AND PENALTIES. You can do this by either searching the Manufactured Home Ownership Records database online or calling the Texas Department of Housing and Community Affairs directly. 408 (H.B. . CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT. Acts 2005, 79th Leg., Ch. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. 33, eff. The person's provisional status remains in effect until a sufficient number of installations completed by the person have been inspected by the department and found not to have any identified material violations of the department's rules. September 1, 2017. SANCTIONS AND PENALTIES. September 1, 2017. 2, eff. 863 (H.B. 20, 21, eff. (2) the home is habitable with respect to formaldehyde emissions. SALESPERSON. September 1, 2011. (a) The retailer of a new HUD-code manufactured home shall warrant to the consumer in writing that: (1) installation of the home at the initial homesite was or will be, as applicable, completed in accordance with all department standards, rules, orders, and requirements; and. 1201.158. 863 (H.B. June 18, 2003. The disclosure shall be in at least 12-point type and must address matters of concern relating to costs and obligations that may be associated with home ownership, matters to be considered in making financing decisions, related costs that may arise when purchasing a manufactured home, and such other matters as the board may deem appropriate to promote informed purchase, financing, and related decisions regarding the acquisition and ownership of a manufactured home. 2019), Sec. License Status. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. 408 (H.B. 5, eff. 2019), Sec. 408 (H.B. 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. Sec. Acts 2017, 85th Leg., R.S., Ch. 11, eff. September 1, 2013. If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty. 2019), Sec. H. OUSING . Sept. 1, 2003. 34, eff. 1460), Sec. SUBCHAPTER B. (e) A tax lien perfected with the department may be released only by: (1) filing with the department a tax certificate or tax paid receipt in accordance with Section 32.015, Tax Code; (2) filing a request for the release with the department on the form provided by the department; (3) following the department's procedures for electronic tax lien release on the department's Internet website; (4) a tax collector filing a tax lien release with the department as provided by Subsection (f); or. Acts 2017, 85th Leg., R.S., Ch. (f) The fee described by Subsection (c) must accompany notice to the department of the exact location of the mobile or HUD-code manufactured home. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. The form shall also conspicuously disclose the consumer's right of rescission. (5) Subchapter E, Chapter 17, Business & Commerce Code. In the event that you sell or transfer ownership of a home, the SOL must be . SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. 20, eff. The surety shall provide written notice to the director before the 60th day preceding the effective date of cancellation. Acts 2007, 80th Leg., R.S., Ch. (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. 2438), 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. September 1, 2009. 2019), Sec. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. Sec. Added by Acts 2001, 77th Leg., ch. 1079 (H.B. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. 25, eff. 1201.057. (a) A person's violation of this chapter or the failure by a manufacturer, installer, or retailer to comply with an implied warranty is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code. (19) "Manufacturer" means a person who constructs or assembles manufactured housing for sale or exchange in this state. 85(8), eff. (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. (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. 1421, Sec. INSPECTION, REVIEW, AND RELATED FEES. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. (b) On application and subject to Sections 1201.2076 and 1201.209, the department shall issue for the structure described in the application a new statement of ownership restoring the structure's designation as a manufactured home only after an inspection and determination that the structure is habitable as provided by Section 1201.453. 2438), Sec. 3, eff. 85(1), eff. September 1, 2009. September 1, 2013. 29, eff. (c) A cash down payment may not be derived in any part from a rebate or other consideration received by, or to be given to, the consumer from the retailer or manufacturer. January 1, 2008. 14, eff. 1, eff. (e) The lists to be provided under this section may be provided electronically. If you are not receiving a separate bill, contact our office so that we may search for a tax account and instruct you on how to have the home added to the appraisal roll. License Number License Holder Name. TDHCA Forms. 1201.203. SHORT TITLE. 408 (H.B. (c) The standards adopted under Subsection (a)(1) must ensure that manufactured housing installed on both permanent and nonpermanent foundation systems resists overturning and lateral movement, according to the design loads for the particular wind zone for which the housing was constructed. If required by law or otherwise necessary, the director may obtain an inspection search warrant. 408 (H.B. Sec. (29) "Standards code" means the Texas Manufactured Housing Standards Code. If you own a mobile home or are looking to purchase one in Texas, having a certificate of title is critical to have to prove ownership. 1201.210. INSPECTION SEARCH WARRANTS. 54, eff. A retailer or broker may not employ or otherwise use the services of a salesperson who is not licensed. (15) "Label" means a device or insignia that is: (A) issued by the director to indicate compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development; and. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. View Ownership Records : No Prior Ownership Record - Pending Application with RAI Issued: . 34, eff. Sec. 2019), Sec. (d) A manufacturer, retailer, or installer entitled to indemnification under this section is a consumer for purposes of Subchapter I and may recover actual damages from the manufactured homeowner consumer claims program. (c) The holder of the debt instrument is entitled to full indemnity from the retailer or manufacturer for a claim based on an act or omission of the retailer or manufacturer. 1201.554. 863 (H.B. The inspection covers the plumbing, electrical, roof, heating systems, foundation, and other structural features. 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. 1201.052. 408 (H.B. September 1, 2009. VOIDABLE CONTRACT. June 18, 2003; Acts 2003, 78th Leg., ch. (a) Notwithstanding Section 1201.151 or 1201.1521, a retailer may collect from a consumer in advance or deduct from the consumer's deposit or down payment any expenses incurred by the retailer if, after receiving a conditional notification of approval from a lender chosen by the consumer, the consumer: (1) contracts with the retailer to arrange for services that are performed by an appraiser of real property or a title company in connection with real property that will be included in the purchase or exchange or is intended to be pledged by the consumer as collateral for the consumer's purchase or exchange of a manufactured home; (2) is provided notice of laws relating to rescission and real property appraisal and title work expenses before signing the contract for real property appraisal and title work services; and. (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. 863 (H.B. P. O. Acts 2005, 79th Leg., Ch. 2019), Sec. A tax lien recorded with the department has priority over another lien or claim against the manufactured home. (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. Sec. (b) To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard. September 1, 2011. 408 (H.B. 1510), Sec. Sept. 1, 2003. 863 (H.B. How to Locate Mobile Home Titles in Texas. (b) Repealed by Acts 2005, 79th Leg., Ch. September 1, 2017. Sec. on the tax rolls separately. A licensed salesperson may not participate in a sale of a manufactured home unless the sale is through the retailer or broker who sponsored the salesperson's application as required by Section 1201.103(d). 85(5), eff. Acts 2017, 85th Leg., R.S., Ch. The mobile home's physical location changes. Acts 2005, 79th Leg., Ch. INFORMATION ON RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. LICENSE FEES. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS. 1095 (H.B. 01/16/18 . 863 (H.B. The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. 14A.256(a), eff. September 1, 2017. Because of its regulatory nature, MHD has its own board and executive director. September 1, 2013. When ownership is established, all manufactured homes, house trailers, and mobile homes are issued one certificate of title by the Department of Motor Vehicles (DMV) because they are considered vehicles and not fixed houses. September 1, 2017. (a) A manufactured home is treated as real property only if: (1) the owner of the home has elected to treat the home as real property as provided by Section 1201.2055; and. 338, Sec. September 1, 2017. Under the TDHCA Manufactured Housing Rules, Subchapter G, when a mobile homeowner wants to transfer title or sell to a new owner, instead of issuing a mobile home title, the Division issues a "Statement of Ownership.". 77 (H.B. (g) The board by rule may place reasonable limits on the costs that may be approved for payment under the manufactured homeowner consumer claims program, including the costs of reassigned warranty work, and require consumers making claims that may be subject to reimbursement under the manufactured homeowner consumer claims program to provide estimates establishing that the cost will be reasonable. 338, Sec. September 1, 2009. 408 (H.B. 1201.054. 863 (H.B. (c)The owner of land that qualifies as a residence homestead under this section is 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. 1201.056. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. The period for the performance of any required warranty work may be shortened by the director as much as is feasible if the warranty work is believed necessary to address a possible imminent threat to health or safety. ELECTRONIC MEANS AUTHORIZED. September 1, 2017. (b) If an unlicensed retailer, broker, or installer enters into a contract with a consumer concerning a manufactured home, the consumer may void the contract until the second anniversary of the date of purchase of the home. 408 (H.B. Sept. 1, 2003. This online feature allows License Holders to submit a inventory of homes which have been damaged by weather conditions and cannot be sold . June 1, 2003. Acts 2013, 83rd Leg., R.S., Ch. (12) any other information the board requires. 3, eff. 338, Sec. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. 37, eff. 1201.061. 46 (H.B. Additionally, after selling a mobile home, the SOL application with the required fees must be filed no later than 60 days after the date of a sale to a consumer for residential use.
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