texas department of manufactured housing statement of ownership

The department shall require that the owner submit evidence that the home was relocated in accordance with the requirements of the Texas Department of Motor Vehicles. Amended by Acts 2003, 78th Leg., ch. 11, eff. CEASE AND DESIST. 338, Sec. Sec. Added by Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. In this chapter: (1) "Advertisement" means a commercial message that promotes the sale or exchange of a manufactured home and that is presented on radio, television, a public-address system, or electronic media or appears in a newspaper, a magazine, a flyer, a catalog, direct mail literature, an inside or outside sign or window display, point-of-sale literature, a price tag, or other printed material. January 1, 2008. Added by Acts 2001, 77th Leg., ch. Sec. (a) The department shall administer the manufactured homeowner consumer claims program to provide a remedy for damages resulting from prohibited conduct by a person licensed under this chapter. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205 (Statement of Ownership Form); and (B) other information required by this chapter. January 1, 2008. 34(1), eff. function dmim(msgStr) { 25, eff. 1201.602. 3361), Sec. 6, eff. PROCEDURE FOR LICENSE RENEWAL. (d) A civil action to enjoin a violation of this section may be brought by: (1) a purchaser in the county in which the violation occurs; or. (a) In selling a manufactured home to collect delinquent taxes, a tax assessor-collector is not required to comply with this subchapter or another provision of this chapter relating to the sale of a used manufactured home. 6, eff. (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. (2) provide contractually in the sales transaction that the identified bond applies to the sale. 77 (H.B. INSTRUCTION FEE. Acts 2007, 80th Leg., R.S., Ch. (a) At the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application for the issuance of a statement of ownership is properly completed. June 1, 2003. If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. Sec. 1201.301. September 1, 2011. September 1, 2013. Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. 1460), Sec. 1201.353. 85(2), eff. Amended by Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. DEFINITIONS. September 1, 2017. Sec. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED. 2019), Sec. 863 (H.B. 73(a)(3), eff. There is no fee required if there are no changes to the property and you send the original title document to the DMV. INSTALLER'S WARRANTY. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. In this subchapter: (1) "Certificate of attachment" means a written instrument issued solely by and under the authority of the director before September 1, 2001, that provides the information required by former Section 19(l), Texas Manufactured Housing Standards Act (Article 5221f, Vernon's Texas Civil Statutes), as that subsection existed before that date. ELECTRONIC MEANS AUTHORIZED. (a) A manufacturer, retailer, broker, or installer who maintains a place of business at one or more locations shall file with the department a separate bond or other security for each location. (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. D. IVISION. (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. 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.". SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. 1460), Sec. 69, eff. As long as the landlord is providing habitable housing, the tenant must pay rent. 1201.611. 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. (g) A person may not make an announcement concerning the sale or exchange of, or offer to sell or exchange, a manufactured home to a consumer in this state through an advertisement unless the person holds a manufacturer's, retailer's, or broker's license. (a-1) If the applicant is not an individual, the applicant must have at least one related person who satisfies the requirements of Subsection (a). (b) A retailer may not sell or exchange, or offer to sell or exchange, a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. 1201.111. Section 1601 et seq. (b) If the manufacturer, retailer, or installer, as applicable, fails or refuses to provide warranty service in accordance with the department order under Section 1201.356, the director shall hold an informal meeting at which the manufacturer, retailer, or installer must show cause as to why the manufacturer's, retailer's, or installer's license should not be suspended or revoked and at which the consumer may express the person's views. (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. 1201.116. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP. (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. 1201.053. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . 408 (H.B. RETAILER AS WAREHOUSE. (c) If the department experiences significant problems in obtaining timely reimbursements from a surety or the surety has experienced a deterioration in its financial condition, the board may direct the director to stop accepting bonds issued by the surety. // LiaJavaInput 85(1), eff. (c) If the department issues a statement of ownership to an owner of a manufactured home treated as personal property, the statement of ownership on file with the department is evidence of ownership of the home. 863 (H.B. 1201.221. Complete the appropriate information on the "Application for Statement of Ownership and Location" form, provided by the Manufactured Housing Division of the Texas Department of Housing and Community Affairs. 1201.551. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. 2019), Sec. 338, Sec. 1201.054. The bond or other security is payable to the manufactured homeowner consumer claims program. If the seller files the SOL form after 60 days, they can face a fee of up to $100. Since 2003, the State of Texas no longer issues Titles and Certificates of Attachment. NOTICE OF LICENSE EXPIRATION. Acts 2017, 85th Leg., R.S., Ch. Online Statement of Ownership Application System January 1, 2008. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. 14A.260(a), eff. (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; (B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and. Section 1601 et seq.). (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. 1460), Sec. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. 2019), Sec. The Texas Department of Housing and Community Affairs' (Department's) Manufactured Housing Division (Division) effectively processes and issues Statements of Ownership and Location (SOLs) in accordance with State rules and division policies, and tracks corrections to the SOLs for use in identifying . Manufactured Housing - Home Ownership View Acts 2017, 85th Leg., R.S., Ch. 1201.305. 100 E. Weatherford Street. September 1, 2017. 9, eff. 2238), Sec. 2438), Sec. 19, eff. 863 (H.B. 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. 1201.105. (b) A request under Subsection (a) must contain: (1) the name of the owner of the home as reflected on the statement of ownership; or. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . PROBATION. The department shall have the authority to enforce the collection of any fee from the seller through judicial means. (a) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without fulfilling the instruction requirements of Section 1201.104(a). 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. (j) If it appears that a person is in violation of, or is threatening to violate, any provision of this chapter or a rule or order related to the administration and enforcement of the manufactured housing program, the attorney general, on behalf of the director, may institute an action for injunctive relief to restrain the person from continuing the violation and for civil penalties not to exceed $1,000 for each violation and not exceeding $250,000 in the aggregate. (b) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a transfer that is based wholly or partly on a credit transaction occurring not later than the third day after the date of the signing of the binding note, security agreement, or other financing credit contract with respect to which the consumer's purchased manufactured home will serve as collateral for the credit transaction, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. 1284 (H.B. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. 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. Storms roll eastward after slamming South; 8 deaths reported 1201.101. 29, eff. June 18, 2005. 13, eff. September 1, 2017. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. DISCLAIMER OF IMPLIED WARRANTY. September 1, 2009. Amended by Acts 2003, 78th Leg., ch. Online Statement of Ownership Application System. 1, eff. 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. (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. DEPARTMENT POWERS AND DUTIES. Acts 2017, 85th Leg., R.S., Ch. 58, eff. Added by Acts 2003, 78th Leg., ch. 2019), Sec. Acts 2013, 83rd Leg., R.S., Ch. 1201.1025. 1460), Sec.