Unauthorized use is prohibited, and usage may be subject to security testing and monitoring. 14, eff. 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. 3.10, eff. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . Sec. (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. Sec. 1201.405. Sending a fax to 512-475-1109. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1201.303. June 1, 2003. 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. 408 (H.B. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. A retailer or broker may not employ or otherwise use the services of a salesperson who is not licensed. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. 73(a)(3), eff. Acts 2017, 85th Leg., R.S., Ch. (a-1) Notwithstanding Subsection (a), the department may not require an inspection for habitability before issuing a statement of ownership with respect to a manufactured home if the home is being sold to or ownership is otherwise being transferred to a retailer. (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. 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. January 1, 2008. 338, Sec. September 1, 2009. 408 (H.B. (3) shall comply with all applicable provisions of the Finance Code. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. AMOUNT OF FEES. (A) a security interest created by a lease, conditional sales contract, deed of trust, chattel mortgage, trust receipt, reservation of title, or other security agreement if an interest other than an absolute title is sought to be held or given in a manufactured home; or. If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents. 408 (H.B. 1421, Sec. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; Sec. The electronic statements are kept in online records to keep track of every mobile home in the State of Texas. (2) be of the type, size, and format required by the director. (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. (a) The board shall adopt rules relating to the administrative sanctions that may be enforced against a person regulated by the department. (C) does not include a recreational vehicle as defined by 24 C.F.R. * Note: These forms are available as Add-Ons to your existing TMHA Membership. 29, eff. The TDHCA requires a copy of the title commitment or policy. 1284 (H.B. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. Acts 2017, 85th Leg., R.S., Ch. 1201.453. 408 (H.B. June 18, 2003. 3.07, eff. The seller is required to give the buyer all of the required documents, such as the tax lien, Statement of Ownership and Location or the title certificate, and any past inspection reports or repair invoices. 2019), Sec. GENERAL RULEMAKING AUTHORITY. 4 (S.B. function dmim(msgStr) { As otherwise indicated below. 77 (H.B. 1079 (H.B. There is no additional fee for the release of . 1201.502. 1460), Sec. 22, eff. (26) "Salesperson" means a person who, as an employee or agent of a retailer or broker, sells or offers to sell manufactured housing to a consumer. 1284 (H.B. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. Amended by Acts 2003, 78th Leg., ch. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. STATE INSPECTORS. 2238), Sec. 2438), Sec. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 1421, Sec. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE. June 18, 2003. 1201.061. A bond is not required of the director with respect to injunctive relief granted under this subsection. Added by Acts 2003, 78th Leg., ch. ); (C) the rules adopted by the director; and. LIMITATIONS ON CLAIMS. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . September 1, 2017. (d) A retailer or manufacturer may not vary the content or form of the notice. 4200 Smith School Road. Sec. 863 (H.B. Acts 2011, 82nd Leg., R.S., Ch. The Mobile Homes program is responsible for initial and renewal licensure for mobile home parks and dealers and determining eligibility of park licensing through the annual inspection process. (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. 47, eff. The term includes a bargain, sale, transfer, or delivery of a manufactured home for which the director has not previously issued a statement of ownership, with intent to pass an interest in the home, other than a lien. 2019), Sec. 6, eff. Acts 2009, 81st Leg., R.S., Ch. MANUFACTURER'S CERTIFICATE. Sec. 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. (b) The manufacturer's warranty is in effect until at least the first anniversary of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of an already installed new home, whichever is later. January 1, 2008. 14A.256(a), eff. Since 2003, the State of Texas no longer issues Titles and Certificates of Attachment. Sec. (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. 408 (H.B. Search Texas Statutes. Sec. The notice must include the address where the home is currently located. Acts 2017, 85th Leg., R.S., Ch. MM/DD/YYYY. 1276, Sec. (b) If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties. 42, eff. View License Records. 1201.155. (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. 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). Added by Acts 2001, 77th Leg., ch. Added by Acts 2001, 77th Leg., ch. DOCUMENT OF TITLE; CERTIFICATE OF ATTACHMENT. Sec. . 944), Sec. 863 (H.B. (a) Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home. 59, eff. 2019), Sec. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. 46 (H.B. Sec. 1421, Sec. Acts 2007, 80th Leg., R.S., Ch. (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. Sept. 1, 2003. Manufactured homes that are declared as personal property are taxed separately from the land. 35, eff. Sept. 1, 2003. 1460), Sec. You can use a generic bill of sale form or create it by hand. Part 1026. (a) The director may inspect manufactured homes at the state border and adopt rules necessary for the inspection of manufactured homes entering this state to ensure: (A) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. On the Statement of Ownership application form on the TDHCA website, check Used under Personal Property Transaction on Block 1, check personal property on Blocks 2-6, and only fill out Block 7 if the home is being designated as Non-Residential or Salvage. 1460), Sec. Contact us at: Manufactured Homes DepartmentHarris County Tax OfficeP.O. (28) "Seal" means a device or insignia issued by the director that, for title purposes, is to be attached to a used manufactured home as required by the director. June 18, 2003; Acts 2003, 78th Leg., ch. 12, eff. (a) The director may issue without notice and hearing an order to cease and desist from continuing a particular action or an order to take affirmative action, or both, to enforce compliance with this chapter if the director has reasonable cause to believe that a person has violated or is about to violate any provision of this chapter or a rule adopted under this chapter. (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. (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. 1201.352. 863 (H.B. 1284 (H.B. January 1, 2008. (a) Except as provided for in Subsection (a-1), the department shall process any completed application for the issuance of a statement of ownership not later than the 15th working day after the date the application is received by the department. 408 (H.B. 47, eff. 3613), Sec. 408 (H.B. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104.