If the department determines that a complaint is covered by the installation warranty, the director shall issue the order to the installer for the corrective action. Fees are nonrefundable. 863 (H.B. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. A single filing by a tax collector is a filing for all the taxing units for which the tax collector is empowered to collect. (a) A licensed installer may employ unlicensed persons to assist in performing installation functions provided that the licensed installer maintains a list of the persons so employed. The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who has previously: (1) been found in a final order to have participated in one or more violations of this chapter that served as grounds for the suspension or revocation of a license; (2) been found to have engaged in activity subject to this chapter without possessing the required license; (3) caused the manufactured homeowner consumer claims program to incur unreimbursed payments or claims; or. 57, eff. January 1, 2008. 1460), Sec. Statement from Tax Assessor-Collector (Form 1076), also known as an 18-Month Statement; Our staff is available to assist you with these and any questions regarding property taxes on manufactured housing. 2, eff. 338, Sec. 2019), Sec. 1510), Sec. (i-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. Our Association made up of manufactured housing builders, retailers, and suppliers in and aound the state of Louisiana encourages manufactured . 1201.251. 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. Section 5401 et seq. 8, eff. (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. (4) the issuance of an initial or revised statement of ownership. To receive a lost title replacement, the mobile home owner first needs to complete the Application for Statement of Ownership and Location (SOL) form. 1201.060. When ownership is established, all manufactured homes, house trailers, and mobile homes are issued one certificate of title by the Department of Motor Vehicles (DMV) because they are considered vehicles and not fixed houses. September 1, 2017. 1460), Sec. 1201.209. (a) A retailer may not sell a trade-in manufactured home before the closing of the sale in connection with which the retailer receives the trade-in. (d) Unless the information provided for in Subsection (c) is provided electronically, the department shall pay the reasonable cost of providing the list and information under Subsection (c). 4200 Smith School Road. 5, eff. Sec. 5, eff. BROKER. Acts 2017, 85th Leg., R.S., Ch. 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. (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. 1201.214. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. 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. 408 (H.B. 338, Sec. Active Inactive All. 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. Sec. document.returnValue = false; } Copyright 2018 Texas Manufactured Housing Association. Acts 2005, 79th Leg., Ch. A retailer or an installer may not contract with a person for the installation of air conditioning equipment in connection with the installation of a manufactured home unless the person is licensed by the state as an air conditioning and refrigeration contractor. Sec. 1), Sec. (b) The notice must be delivered before the execution of a mutually binding sales agreement or retail installment sales contract. A lien, charge, or other encumbrance on a home treated as personal property may be made only by filing the appropriate document with the department. 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. (a) A retailer or manufacturer may not transfer ownership of a HUD-code manufactured home or otherwise sell, assign, or convey a HUD-code manufactured home to a consumer unless the retailer or manufacturer delivers to the consumer a formaldehyde health notice, subject to the director's rules concerning the notice. 1201.204. 863 (H.B. (3)the applicant demonstrates ownership of the manufactured home under Subsection All rights reserved. BOX 12489 Austin, Texas 78711-2489 January 1, 2008. 3613), Sec. 408 (H.B. . (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. 52, eff. Sec. 408 (H.B. Tracking a manufactured home's ownership ceased when it became real property, was used for business or was salvaged. Acts 2007, 80th Leg., R.S., Ch. Section 3282.8(g). The Statement of Ownership specifies the legal owner of the property and the liens recorded with the department. CONSUMER COMPLAINT HOME INSPECTION. September 1, 2017. 1079 (H.B. Cite this article: FindLaw.com - Texas Tax Code - TAX 11.432. June 18, 2005. (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. PROGRAM MONITORING. Amended by Acts 2003, 78th Leg., ch. 46 (H.B. 10, eff. (3) disputes responsibility concerning the warranty obligation. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. 863 (H.B. (5) the expansion of certain regulatory powers is: (A) necessary to address the problems described by Subdivisions (1)-(4); and. (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. January 1, 2008. September 1, 2017. (c) Before closing on the acquisition of a new or used manufactured home for use as a permanent dwelling in this state, a consumer seeking to acquire the home must provide to the retailer, broker, or salesperson selling or exchanging the home satisfactory evidence that the home will not be located, in a manner that violates local, state, or federal law, on a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency. 863 (H.B. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; 25, eff. 21, eff. 3361), Sec. 338, Sec. 408 (H.B. Sec. 2019), Sec. regardless of whether the applicant has elected to treat the manufactured home as 77 (H.B. Sec. September 1, 2017. 33, eff. Acts 2011, 82nd Leg., 1st C.S., Ch. 22, eff. 408 (H.B. Sec. 2238), Sec. June 18, 2005. Sec. 863 (H.B. 63, eff. The mobile home's physical location changes. Any certified copies of a Statement of Ownership are free upon request. If a retailer sells the home, but does not help the buyer or provide them with the documents they need to file for Statement of Ownership, the buyer can file a complaint with the TDHCA using its Consumer Complaint form. The surety shall provide written notice to the director before the 60th day preceding the effective date of cancellation. 1421, Sec. A family relationship required by this subsection may be a relationship established by adoption. (a) The board shall adopt rules relating to the administrative sanctions that may be enforced against a person regulated by the department. A consumer may satisfy the evidentiary requirement of this subsection by providing the retailer, broker, or salesperson, as applicable, with a copy of any required permit to install a septic tank on the homesite. 1284 (H.B. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. Fort Worth, TX 76196. 85(5), eff. 338, Sec. 2438), Sec. home. September 1, 2017. 1201.503. 1201.359. Application for Certificate(s) of Financial Responsibility, as . License Number License Holder Name. (B) is designated by an entity and satisfies the requirements of Sections 1201.104 and 1201.113 on behalf of the entity, if the entity is licensed or seeking licensure under this chapter. Houston, Texas 77210-2109. 2019), Sec. Bush State Office Building. 24, eff. (b) For the purposes of Subsection (a)(1), the department may rely on a commitment for title insurance, a title insurance policy, or a lawyer's title opinion to determine that any liens on real property have been released. (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) The director may deny, permanently revoke, or suspend for a definite period and specified sales location or geographic area a license if the director determines that the applicant or license holder: (1) knowingly and wilfully violated this chapter or a rule adopted or order issued under this chapter; (2) unlawfully retained or converted money, property, or any other thing of value from a consumer in the form of a down payment, sales or use tax, deposit, or insurance premium; (3) failed repeatedly to file with the department a completed application for a statement of ownership before the 61st day after the date of the sale of a manufactured home as required by Section 1201.206 or the date of the installation, whichever occurred later; (4) failed to give or breached a manufactured home warranty required by this chapter or by the Federal Trade Commission; (5) engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code; (6) failed to provide or file a report required by the department for the administration or enforcement of this chapter; (7) provided false information on an application, report, or other document filed with the department; (8) acquired a criminal record during the five-year period preceding the application date that, in the opinion of the director, makes the applicant unfit for licensing; (9) failed to file a bond or other security for each location as required by Subchapter C; (10) has had another license issued by this state revoked or suspended; or. (b) Repealed by Acts 2005, 79th Leg., Ch. 2019), Sec. 863 (H.B. (b) The department shall cooperate with the Texas Department of Motor Vehicles by providing current lists of licensed manufacturers, retailers, and installers. Acts 2007, 80th Leg., R.S., Ch. January 1, 2008. home; or. Sec. texas department of housing and community affairs: chapter 80: manufactured housing: subchapters. 408 (H.B. 34(1), eff. 1421, Sec. Amended by Acts 2003, 78th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 338, Sec. 1460), Sec. (d) A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee. 1421, Sec. 2019), Sec. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. Acts 2013, 83rd Leg., R.S., Ch. June 1, 2003. (a) If the ownership of a manufactured home in this state is transferred by inheritance, devise, or bequest, by bankruptcy, receivership, judicial sale, or other involuntary divestiture of ownership, or by any other operation of law, the department shall issue a new statement of ownership after receiving a copy of: (1) the order or bill of sale from an officer making a judicial sale; (2) the order appointing a temporary administrator; (4) the letters testamentary or the letters of administration; or.
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