2019), Sec. (a) If a bond required by this subchapter is canceled, the license for which the security is filed is suspended on the effective date of cancellation. (a) The department shall renew a license if, before the expiration date of the license, the department receives the renewal application and payment of the required fee as well as the cost required under Section 1201.1031. 3361), Sec. Sec. 1421, Sec. The department may make a request under this subsection electronically, and a taxing authority may provide notice of the existence or absence of a timely filed tax suit electronically. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. (2) apply to a person who is licensed as a real estate broker or salesperson under Chapter 1101 and who, as agent of a buyer or seller, negotiates the sale or lease of a manufactured home and the real property to which the home is attached if: (A) the same person is the record owner of both the manufactured home and the real property; and. Any fees must be paid through certified funds, cashiers check, or money order made payable to TDHCA/MHD. 408 (H.B. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; (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. (a) The board shall approve continuing education programs for licensees under this chapter. (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. (e) A real property election for a manufactured home is not considered to be perfected until a copy of the statement of ownership has been filed and the department and the chief appraiser of the applicable appraisal district have been notified of the filing as provided by Subsection (d). September 1, 2017. (29) "Standards code" means the Texas Manufactured Housing Standards Code. (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. 44, eff. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. Acts 2005, 79th Leg., Ch. 11, eff. September 1, 2011. Issuance of Statements of Ownership. An applicant is not required to submit an accompanying document described by Subsection Added by Acts 2009, 81st Leg., R.S., Ch. SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. Acts 2013, 83rd Leg., R.S., Ch. 863 (H.B. 1201.110. (d) A person may not act as an installer in this state unless the person holds an installer's license. (a) Sections 1201.204, 1201.205, 1201.206, and 1201.207 do not apply to the purchase of a manufactured home that is purchased by a federal governmental agency and used to provide temporary housing in response to a natural disaster or other declared emergency. 2019), Sec. (a) The formaldehyde health notice required by Section 1201.153 is sufficient, as a matter of law, to advise a consumer of the risks of occupying a HUD-code manufactured home. 863 (H.B. To replace a Certificate of Attachment (COA) for a real property SOL, you need to send an SOL application and the original COA or an affidavit of fact which states that the COA was filed in the real property records. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. (4) the location to which the license will apply. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. 2019), Sec. Sec. The department may place on probation a person whose license is suspended. The instruction under this subsection is in addition to the instruction required under Subsection (a). (2) the existence of all tax liens on that home for which notice has been filed with the department. (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. 2019), Sec. EXEMPTION FOR CERTAIN EMERGENCY HOUSING. TITLE 7. Applications for Statement of Ownership and all associated paperwork must be submitted to the Texas Department of Housing and Community Affairs (TDHCA) to complete ownership transfer. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. Enter the number of acres used for residential purposes. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2013. Sec. Sec. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. Acts 2011, 82nd Leg., R.S., Ch. 1421, Sec. 2019), Sec. 1460), Sec. SUBCHAPTER B. Acts 2021, 87th Leg., R.S., Ch. Section 5401 et seq. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. 2, 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. They must submit a copy of this permit when they apply for a new Statement of Ownership, showing the new location of the home. 863 (H.B. June 18, 2003. January 1, 2008. The department shall make an appropriate fee distribution to a local governmental unit that performs an inspection under a contract or other official designation if that unit does not collect a local inspection fee. (b) An offense under this section is a Class A misdemeanor punishable by: (2) confinement in county jail for a term of not more than one year; or. Sec. 408 (H.B. The reasonableness of the insurer's judgment that the cost of repairing the home would exceed the full insured value of the home does not affect whether the home is salvaged. document.returnValue = false; Our new location is: George H.W. June 18, 2005. (4) the name and address of the manufacturer or retailer to whom the consumer is to give notice of a warranty service request. 3.09, eff. Sec. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; (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. (32) "Used manufactured home" means a manufactured home which has been occupied for any use or for which a statement of ownership has been issued. Added by Acts 2007, 80th Leg., R.S., Ch. D. IVISION. Acts 2005, 79th Leg., Ch. (b) If a used manufactured home is reserved for a business use or another nonresidential use or is salvaged, a person may not knowingly allow any person to occupy or use the home as a dwelling unless the director issues a new statement of ownership indicating that the home is no longer reserved for that use or is no longer salvaged. SUBCHAPTER M. ENFORCEMENT PROVISIONS AND PENALTIES. September 1, 2017. 9, eff. Amended by Acts 2003, 78th Leg., ch. (f) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) actual damages to reimburse an affiliate or related person of a licensee, except when the director issues an order under Sections 1201.358(b) and (c); (2) actual damages to correct matters that are solely cosmetic in nature; (4) actual damages to address other matters, unless the matters involve: (B) a failure to return or apply as agreed money received from a consumer or money for which the consumer was obligated; (C) the breach of an agreement to provide goods or services necessary to the safe and habitable use of a manufactured home such as steps, air conditioning, access to utilities, or access to sewage and wastewater treatment; or. ), Subchapter I, Chapter 16, Water Code, and any other applicable local, state, or federal law, and ensures the consumer's compliance with applicable law by requiring the evidence described by Subsection (c), a retailer, broker, or salesperson who sells or exchanges a new or used manufactured home to a consumer for use as a permanent dwelling in this state may not: (1) deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency; (2) install or arrange for the installation of the home at a homesite in that area; or. 863 (H.B. (8) "Consumer" means a person, other than a person licensed under this chapter, who seeks to acquire or acquires by purchase or exchange a manufactured home. 50, eff. January 1, 2008. (B) the sale or lease occurs in a single real estate transaction. After June 2003, the TDHCA replaced the Certificate of Title with a Statement of Ownership and Location (SOL), which eventually became known as a Statement of Ownership. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. In that instance, the director shall issue the same order for corrective action to the retailer with a new time frame not to exceed 10 days unless additional time is needed for compliance upon a showing of good cause. (a) The board shall adopt rules relating to the administrative sanctions that may be enforced against a person regulated by the department. If a person against whom the order is issued requests a hearing before the 31st day after the date the order is issued, the director shall set and give notice of a hearing. June 18, 2003. 1421, Sec. Acts 2005, 79th Leg., Ch. 3361), Sec. 1, eff. (d-1) When applying for a statement of ownership under this section, the real property owner shall include with the application an affidavit stating that: (1) the person owns the real property where the manufactured home is located; and. A buyer who does not go through an attorney, lender or title company to convert a home to real property should contact the county clerk to ask about fees, requirements and procedures for recording the document. Sending a fax to 512-475-1109. June 18, 2005. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. 1284 (H.B. 863 (H.B. Section 3282.8(g). MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. (f) This section does not require a retailer or retailer's agent to obtain a license under Chapter 1101. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. They are non-refundable. (a) The department may not issue a statement of ownership for a manufactured home that is being converted from real property to personal property until the department has inspected the home and determined that it is habitable and: (1) each lien, including a tax lien, on the home is released by the lienholder; or. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. There is no additional fee for the release of . // 338, Sec. (d) Not later than the 30th day after the installation of a new HUD-code manufactured home, the retailer shall deliver to the consumer a copy of the warranty given by the licensed installer. 85(1), eff. 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. Sec. LICENSE REQUIRED. 48, eff. 1201.003. 3361), Sec. 17, eff. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP. DIRECT CONSUMER COMPENSATION. 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. 2019), Sec. January 1, 2008. 15, eff. CHANGE IN USE. Any certified copies of a Statement of Ownership are free upon request. (23) "Related person" means a person who: (A) directly participates in management or policy decisions; and. 1201.361. September 1, 2013. They will need to discharge or pay off lien holders before moving the home or get their written consent for the move. 4, eff. 24, eff. 14A.254(b), eff. Section 5401 et seq. 1284 (H.B. BOX 12489 Austin Texas 78711-2489 800 500-7074 512 475-2200 FAX 512 475-1109 Clear all form fields Internet Address www. (b) Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind and the deadlines for disclosures that are provided by Subsection (a) if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency. 40, eff. RETAILER AS WAREHOUSE. The inspection covers the plumbing, electrical, roof, heating systems, foundation, and other structural features. (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. Amended by Acts 2003, 78th Leg., ch. INSPECTIONS NOT LIMITED; CORRECTIONS. (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. 1460), Sec. Sec. 22, eff. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized. Sec. (c) Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction. Breaking a lease due to disability can also be costly. (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter. September 28, 2011. Acts 2009, 81st Leg., R.S., Ch. Section 5401 et seq. 1201.409. Sec. 2019), Sec. (2) a copy of the statement of ownership for the home has been filed in the real property records of the county in which the home is located. Unauthorized use is prohibited, and usage may be subject to security testing and monitoring. January 1, 2008. (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. Sec. During the period of suspension, the person may not perform any act requiring a license under this chapter, and all compensation received by the person during the period of suspension is subject to forfeiture to the person from whom it was received. 1201.355. Sec. 49, eff. 16, eff. Amended by Acts 2003, 78th Leg., ch. Section 5401 et seq. 1460), Sec. The director may issue an order to revoke, suspend, or deny a new or renewal license. The department shall provide to the public through the department's Internet website searchable and downloadable information regarding manufactured home ownership records, lien records, installation records, license holder records, and enforcement actions. If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. 863 (H.B. 1460), Sec. Sec. September 1, 2009. T. EXAS . September 1, 2017. Added by Acts 2001, 77th Leg., ch. 1460), Sec. September 1, 2017. 24, eff. 1201.452. 5, eff. 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. 8, 51, eff. (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 rules must protect a lienholder recorded with the department. Amended by Acts 2003, 78th Leg., ch. September 1, 2013. 408 (H.B. 1460), Sec. 1, eff. The mobile home's physical location changes. 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 for a nonresidential use other than a business use. A hearing of an appeal of an order of suspension issued under Subsection (f) shall be held not later than the 15th day after the date of receipt of the notice of appeal. Sec. Acts 2011, 82nd Leg., 1st C.S., Ch. 6, eff. 2019), Sec. If you have questions pertaining to commercial procedures/transactions, please visit: An estimate of the current year tax amount, A receipt for the advance payment of estimated current year taxes, A Statement From Tax Assessor-Collector (Form 1076). 863, Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. 62, eff. If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods and any right of rescission, and bears the signature of all of the consumers entitled to the disclosures and right of rescission. 2, eff. 3361), Sec. 2019), Sec. 18, eff. Sec. 65, eff. June 18, 2005. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. 3, eff. (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company pays the full insured value of the home.