34(1), eff. CHAPTER 2. 338, Sec. 1421, Sec. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 1201.051. Added by Acts 2013, 83rd Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 2019), Sec. September 1, 2017. 2019), Sec. 3.09, eff. PROHIBITED SHIPPING BY MANUFACTURER. 863 (H.B. Added by Acts 2001, 77th Leg., ch. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. 1421, 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. Acts 2011, 82nd Leg., R.S., Ch. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. 1460), Sec. In our commitment to open government, we invite open records requests in writing. Section 5401 et seq. 41, eff. 4, eff. (c) The retailer may not retain more than five percent of the estimated cash price of the specially ordered home and must refund any amount that exceeds five percent. 1460), Sec. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. 863 (H.B. September 1, 2017. This form shows taxes are paid and current. (11) failed to pay the required fee to obtain or renew a license. (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. 6, eff. The rules must protect a lienholder recorded with the department. 2019), Sec. (2) the real property owner may declare the home abandoned and may apply to the department for a statement of ownership listing the real property owner as the owner of the manufactured home. 2019), Sec. 2, eff. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. September 1, 2011. Sept. 1, 2003. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. Sec. June 18, 2005. Added by Acts 2001, 77th Leg., ch. January 1, 2008. In accordance with Section 1201.204, the retailer shall surrender to the department the original manufacturer's statement of origin at the same time that the retailer applies for the first statement of ownership. Can I Use a Bill of Sale for a Texas Trailer Title? If appeal is not timely made, the revocation or suspension described in the notice of the director's action becomes final. Acts 2007, 80th Leg., R.S., Ch. Cite this article: FindLaw.com - Texas Tax Code - TAX 11.432. (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. Sec. 1201.353. Amended by Acts 2003, 78th Leg., ch. (b) To be installed in a Wind Zone II county, a manufactured home constructed on or after September 1, 1997, must meet the Wind Zone II standards adopted by the United States Department of Housing and Urban Development. 31, eff. 1201.455. 1201.057. 1284 (H.B. A closing date is then decided where the seller will move their possessions out of the home. September 1, 2017. The mobile home's physical location changes. Added by Acts 2001, 77th Leg., ch. 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. (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. Acts 2017, 85th Leg., R.S., Ch. FORMS; RULES. (3) shall comply with all applicable provisions of the Finance Code. (B) the addition of an appliance that requires plug-in to an electrical receptacle and that was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which the appliance is connected. 2019), Sec. 408 (H.B. 2238), Sec. The attorney general and the director may recover reasonable expenses incurred in obtaining injunctive relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. (a) The board shall establish fees for the issuance and renewal of licenses for: (b) The board by rule may establish a fee for reprinting a license issued under this chapter. 9, eff. 2019), Sec. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. 863 (H.B. September 1, 2017. September 1, 2017. L. No. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and. Sept. 1, 2003. (2) all standards, rules, and regulations of the United States Department of Housing and Urban Development. January 1, 2008. Sec. 338, Sec. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. Acts 2007, 80th Leg., R.S., Ch. (31) 1201.451. P. O. REPORT TO CHIEF APPRAISER. 863 (H.B. September 1, 2009. DOWN PAYMENT. Once the agency deems the application complete, it issues the Statement of Ownership. Departments inside JCPenney stores include Mens, Womens, Boys, Girls, Baby, Bedding, Home, Fine Jewelry, Shoes, Lingerie, The Salon by InStyle, JCPenney Beauty, as well as leased departments such as Seattle's Best . 863, Sec. (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. (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. 1460), Sec. 1421, Sec. 32, eff. 2438), Sec. Acts 2017, 85th Leg., R.S., Ch. If the person does not request a hearing before the 31st day after the date the person receives notice of the imposition of the administrative penalty, the penalty becomes final. 408 (H.B. APPLICABILITY OF BUSINESS & COMMERCE CODE. Search Texas Statutes. 1201.357. 1460), Sec. . 31, eff. Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a manufacturer, retailer, broker, or installer may not alter the home or cause the home to be altered without obtaining prior written approval from a licensed engineer and providing evidence of such approval to the department. Added by Acts 2003, 78th Leg., ch. Sec. Acts 2007, 80th Leg., R.S., Ch. GENERAL PROVISIONS. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing: (1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and. Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. Sec. To receive a lost title replacement, the mobile home owner first needs to complete the Application for Statement of Ownership and Location (SOL) form. Sec. (2) a federally insured financial institution or licensed attorney who has obtained from a licensed title insurance company a title insurance policy covering all prior liens on the home. September 1, 2017. 52, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. (b-1) Notwithstanding any other law, a lien perfected with the department may be released only by filing a request for the release with the department on the form provided by the department or by following the department's procedures for electronic lien release on the department's Internet website. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. 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. 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. 1421, Sec. January 1, 2008. 1201.361. It is possible to sell a mobile home without a title, though you cannot legally transfer ownership without it. PROCEDURE FOR RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. The SOL application also details all the pertinent information about the mobile home, the seller (s), the buyer (s), and even the closing details will be made public record. 408 (H.B. 34, eff. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. SANCTIONS AND PENALTIES. 2, eff. Acts 2017, 85th Leg., R.S., Ch. H. OUSING AND . 22, eff. Acts 2017, 85th Leg., R.S., Ch. (b) A salesperson may not submit to a retailer information known to be false or misleading. 863 (H.B. LICENSE APPLICATION. (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. June 18, 2005. 2019), Sec. (c) A licensed retailer acting as a warehouse and warehouseman satisfies all storage, bonding, insurance, public sale, and security requirements if the storage of a manufactured home occurs on the retailer's lot and the home is secured in the same manner the retailer secures a manufactured home held on the lot as inventory. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 2, 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. (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. Sec. 408 (H.B. 2019), Sec. Amended by Acts 2003, 78th Leg., ch. In an announcement on Thursday . 2019), Sec. If the consumer has not accepted the offer within 72 hours after the delivery of the contract, the retailer may withdraw the offer. All rights reserved. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. June 18, 2003. 1201.209. 863 (H.B. (11) "Director" means the executive director of the manufactured housing division of the Texas Department of Housing and Community Affairs. 24, eff. 1201.355. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. 1284 (H.B. 408 (H.B. 1079 (H.B. The director may issue an order to prohibit a person who is not licensed as an installer from performing installation functions under the oversight of a licensed installer. 14A.256(a), eff. (a) If the director refuses to issue or suspends or revokes a statement of ownership, the director shall give, by certified mail, written notice of that action to: (1) the seller and purchaser or transferor and transferee, as applicable; and. 24, eff. 1201.222. Acts 2007, 80th Leg., R.S., Ch. (g) Subsections (a), (a-2), (a-3), and (a-4) do not apply to a license holder who applies: (1) for a license for an additional business location; or. Added by Acts 2001, 77th Leg., ch. 1201.456. Added by Acts 2001, 77th Leg., ch. WARRANTY FOR HUD-CODE MANUFACTURED HOME PERMANENTLY ATTACHED TO REAL PROPERTY. 1460), Sec. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. Manufactured Housing Division. 3, eff. 1421, Sec. The first step to writing a bill of sale is to first come to a terms agreement between the buyer and seller, which includes the price of the mobile home. 45, eff. Failure by the retailer to comply with the disclosure provisions of this section does not affect the validity of a subsequent conveyance or transfer of title of a manufactured home or otherwise impair a title or lien position of a person other than the retailer. 408 (H.B. 1201.205. June 1, 2003. 2019), Sec. Sec. 1284 (H.B. 863 (H.B. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. 1460), Sec. Any. 10, eff. The hearing shall be governed by Chapter 2001, Government Code. 47, eff. June 18, 2003. 2438), Sec. (b) Not later than the 60th day after the date of the retail sale, the retailer shall provide to the department the completed application for the issuance of a statement of ownership. Sec. Sec. Amended by Acts 2003, 78th Leg., ch. 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. January 1, 2008. REGULATION BY MUNICIPALITY. Sec. 2019), Sec. In addition to any other remedy provided by law, the director may institute in district court a suit for injunctive relief and for the collection of the administrative penalty. The statement from the tax assessor-collector must indicate that, with respect to each January 1 occurring in the 18-month period preceding the date of the sale, there are no perfected and enforceable tax liens on the manufactured home that have not been extinguished and canceled in accordance with Section 32.015, Tax Code, or personal property taxes due on the manufactured home. (b) The department shall establish an installation inspection program in which at least 75 percent of installed manufactured homes are inspected on a sample basis for compliance with the standards and rules adopted and orders issued by the director. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. Sec. 1201.114. 1, eff. 3.05, eff. (4) the issuance of an initial or revised statement of ownership. 1460), Sec. 13. 1421, Sec. Sec. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. 338, Sec. (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. (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. 1284 (H.B. (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. Acts 2013, 83rd Leg., R.S., Ch. 77, Sec. and. (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. function dmim(msgStr) { Sec. 23, eff. 1201.356. License Holder Name [Help] Associate First Name. In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151: (1) three times the amount of the deposit; and. 408 (H.B. real property or personal property and regardless of whether the manufactured home January 1, 2008.
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