HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. Added by Acts 2013, 83rd Leg., R.S., Ch. January 1, 2008. 1421, Sec. Acts 2007, 80th Leg., R.S., Ch. June 1, 2003. (2) the construction of HUD-code manufactured homes in compliance with the federal standards and requirements established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (c) A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond. Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. (b) For a preliminary determination that has been disputed to become final and valid, the department shall make any changes the director determines to be appropriate and issue another written preliminary determination as to the responsibility and liability of the manufacturer, retailer, broker, and installer. 2, eff. MANUFACTURED HOUSING. 1510), Sec. 1, eff. 1276, Sec. (f) This section does not apply if the person who owns the real property on which the manufactured home is located and who is declaring that the home is abandoned, or any person who is related to or affiliated with that person, has now, or has ever owned, an interest in the manufactured home. (a) Application Requirements. 863 (H.B. Buyers should first contact a professional, such as Mobile Home HQ, to obtain advice on the right questions you should ask to prevent future problems from occurring. Control #: TX-C104 Instant Download Buy now. 2019), Sec. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. function di(id,name){ 863 (H.B. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. 14, eff. Sec. Following the meeting, the director shall either resolve the matter by agreed order, dismiss the matter if no violation is found to have occurred, or institute an administrative action, which may include license suspension or revocation, the assessment of administrative penalties, or a combination of such actions. Austin, Texas, 78744. (19) "Manufacturer" means a person who constructs or assembles manufactured housing for sale or exchange in this state. 88(R) HB 3136 - Introduced version - Bill Text - capitol.texas.gov September 1, 2013. 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. 408 (H.B. The department shall maintain on file a security other than a bond canceled as provided by Section 1201.109(a) until the later of: (1) the second anniversary of the date the manufacturer, retailer, broker, or installer ceases doing business; or. Acts 2005, 79th Leg., Ch. (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. 46 (H.B. (b) An owner or lienholder may provide to the department a document of title or certificate of attachment and any additional information required by the department and request that the department issue a statement of ownership to replace the document of title or certificate of attachment. September 1, 2017. PDF Manufactured Housing Cooke County Appraisal District Policy The form must require the disclosure of the original dollar amount of the tax lien and the name and address of the person in whose name the manufactured home is listed on the tax roll. 56, eff. 1201.356. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; 1460), Sec. September 1, 2017. The TDHCA requires a copy of the title commitment or policy. 1201.460. January 1, 2008. They are non-refundable. 338, Sec. The Texas Department of Housing and Community Affairs (TDHCA) issues a Statement of Ownership instead of a mobile home title to homeowners when transferring or selling a mobile home. 14, eff. DENIAL OF LICENSE; DISCIPLINARY ACTION. Sec. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 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. 863 (H.B. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 8, eff. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2017, 85th Leg., R.S., Ch. } This allows department staff to assist the homeowner and stop additional undocumented sales by that retailer. 1095 (H.B. September 1, 2011. 2238), Sec. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. REPORT AND ORDER; AMENDMENT; COMPLIANCE. 408 (H.B. 1460), Sec. The Statement of Ownership specifies the legal owner of the property and the liens recorded with the department. 77 (H.B. (2) except as provided by Section 1201.2055(h), the home is no longer a manufactured home for purposes of regulation under this chapter or of recordation of liens, including tax liens. 1201.052. Acts 2017, 85th Leg., R.S., Ch. The program must place priority on inspecting multisection homes and homes installed in Wind Zone II counties. (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). (a)Except as provided by Subsection (a-1), for a manufactured home to qualify as 1814), Sec. INFORMATION ON OWNERSHIP AND TAX LIEN. This chapter may be cited as the Texas Manufactured Housing Standards Act. January 1, 2008. Sec. 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. Amended by Acts 2003, 78th Leg., ch. Beginning September 1, 2003, a certificate of attachment is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by Section 1201.214. (a-1) All required records of a licensee under Subsection (a) are to be maintained at the licensee's principal office or such other location within this state as the licensee may designate. September 1, 2017. 1460), Sec. When a property owner submits an application for a Statement of Ownership (title) to the Texas Department of Housing and Community Affairs (TDHCA), that office may request that the applicant also submit proof of property tax payment. 1284 (H.B. 1201.1025. 85(5), eff. 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. Acts 2005, 79th Leg., Ch. Sec. View License Records. (c) If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security. 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. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 3361), Sec. (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. (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. 15, eff. 21, eff. (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. 1201.113. September 28, 2011. 1460), Sec. (f) Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. Added by Acts 2007, 80th Leg., R.S., Ch. (b) In addition to the fees imposed under Subsections (a)(2), (3), and (4), a manufacturer or a person making an alteration, as appropriate, shall be charged for the actual cost of travel of a department representative to and from: (1) the manufacturing facility, for an inspection described by Subsection (a)(2); or. (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. 77 (H.B. 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. 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 . (c) If the sale or exchange of the repossessed manufactured home is to a purchaser for the purchaser's business use or another nonresidential use, the lienholder shall apply to the department for the issuance of a new statement of ownership indicating that the home is reserved for a business use or another nonresidential use. 31, eff. Married couple will be the only owners and agree that the . 2438), Sec. (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. 1460), Sec. (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. 47, eff. (a) In a transaction that is to be financed and that will not be subject to the federal Real Estate Settlement Procedures Act of 1974 (Pub. 1201.357. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. Added by Acts 2005, 79th Leg., Ch. (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. Acts 2017, 85th Leg., R.S., Ch. June 18, 2005. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. (16) Repealed by Acts 2017, 85th Leg., R.S., Ch. Economic Sanctions and Anti-Money Laundering Developments: 2022 Year in (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. 48, eff. January 1, 2008. September 1, 2017. 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. (c) After a change described by Subsection (a), the licensee shall provide to the department a proper endorsement to the original bond showing that the bond continues to apply to the license without interruption. The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection. 25, eff. Amended by Acts 2003, 78th Leg., ch. PAYMENT BY SURETY OR FROM OTHER SECURITY. 2238), Sec. Sec. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 73(a)(3), eff. Sec. 40, 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. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. (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. January 1, 2008. FALSE OR MISLEADING INFORMATION. 1510), Sec. ELECTION BY OWNER. 21, eff. 2, eff. 2018-2023 TX MHD FORM 1023 Fill Online, Printable, Fillable, Blank Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL). (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. (b) If requested, the board shall, after at least 10 days' notice, hold a hearing on any rule that it proposes to adopt, other than a rule that is to be adopted under emergency rulemaking, in which case only the requirements of Chapter 2001, Government Code, shall apply. (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. (2) the county in which the violation occurs. An appointment is NOT required for vehicle registration renewals, special plates, replacement registration/plates, disabled placards, or disabled plates. SECURITY: LOCATION. 2019), Sec. The department shall disclose on its website the date of each lien filing. 1460), Sec. (i) was sold as a new manufactured home and installed but never occupied; (iii) was taken back from the consumer or transferee because of a first payment default or agreement to rescind or unwind the transaction. 7, eff. The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of fitness for a particular purpose or of merchantability as described by Chapter 2, Business & Commerce Code. Any person is allowed to sell one manufactured home in a twelve-month period. (c) Installation of a manufactured home considered to be real property under this chapter must occur in a manner that satisfies the lending requirements of the Federal Housing Administration (FHA), Fannie Mae, or Freddie Mac for long-term mortgage loans or for FHA insurance. September 1, 2009. 338, Sec. 1201.110. September 1, 2013. The statement required by Section 1201.205(7) is notice to all persons that the tax lien exists. 408 (H.B. 27, eff. P.O. (b) The director may issue an order to any person to cease and desist from violating any law, rule, or written agreement or to take corrective action with respect to any such violations if the violations in any way are related to the sale, financing, or installation of a manufactured home or the providing of goods or services in connection with the sale, financing, or installation of a manufactured home unless the matter that is the basis of such violation is expressly subject to inspection and regulation by another state agency; provided, however, that if any matter involves a law that is subject to any other administration or interpretation by another agency, the director shall consult with the person in charge of the day-to-day administration of that agency before issuing an order. 1201.554. CONSUMER COMPENSATION. 863 (H.B. Section 5401 et seq. 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. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. 1201.1031. PDF Application for Statement of Ownership If you lease a car, don't think you can get out of payments just because you're dead. 10, eff. 863 (H.B. The heart of the home is its large living room and kitchen/dining area. Sec. 2238), Sec. and. Acts 2007, 80th Leg., R.S., Ch. (a) This section applies to a transaction in which a manufactured home is sold as personal property. DEPARTMENT POWERS AND DUTIES. September 1, 2011. (1) contain the information required by the United States Department of Housing and Urban Development; and. Application for Certificate(s) of Financial Responsibility, as . Because of its regulatory nature, MHD has its own board and executive director. (c) The purchaser or transferee may not occupy or allow occupation of the home as a dwelling until the completion of any repair necessary to make the home habitable. Acts 2007, 80th Leg., R.S., Ch. 338, Sec. Bush State Office Building. Sell Lease . (29) "Standards code" means the Texas Manufactured Housing Standards Code. 1201.507. Enter the number of acres used for residential purposes. (f) If a person licensed under this chapter fails to pay an administrative penalty that has become final or fails to comply with an order of the director that has become final, in addition to any other remedy provided by law, the director, after not less than 10 days' notice to the person, may without a prior hearing suspend the person's license. (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. 1201.010. function dm(msgStr) { (f) A person whose license has been expired for one year or more may not renew the license. INSTALLER'S WARRANTY. Sec. 53, eff. (21) "New manufactured home" means a manufactured home that is not a used manufactured home, regardless of its age. Acts 2007, 80th Leg., R.S., Ch. (a) If a retailer purchases a new manufactured home from an unlicensed manufacturer in violation of Section 1201.505, a consumer's contract with the retailer for the purchase or exchange of the home is voidable until the second anniversary of the date of purchase or exchange of the home. 1276, Sec. HEARING ON STANDARD OR REQUIREMENT. JCPenney - Wikipedia 2, eff. Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. If there is a mortgage lien, you can provide either the completed Form B, documents, which identify the manufactured home that verifies the lien is fully paid and/or has been released, written consent from the lienholder than an SOL has been issued for the property, or a statement from an attorney or the title company declaring all prior liens and taxes on the home have been paid.