The definitions of "mobile home," "HUD-code manufactured home," and "manufactured housing" provided by Section 1201.003 are binding as a matter of law on each person and agency in this state, including a home-rule municipality or other political subdivision. 3361), Sec. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. Amended by Acts 2003, 78th Leg., ch. FORMS; RULES. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. 863 (H.B. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. (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. If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty. 1201.254. (a-1) If the sale or exchange of a used manufactured home is for the purchaser's nonresidential use other than a business use, the home is not required to be habitable. Since 2003, the State of Texas no longer issues Titles and Certificates of Attachment. 2238), Sec. . SECURITY: CHANGE IN OWNERSHIP OR LOCATION. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. If a homeowner finds an error on a Statement of Ownership, they can inform the agency by: To make the necessary corrections, owners must provide the identification numbers of the manufactured home, such as a HUD Label, a Texas seal and/or serial number, and information about the corrections required. PROHIBITED SALE OR EXCHANGE. Acts 2007, 80th Leg., R.S., Ch. If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder. Questions or comments, please call 1-800-500-7074. Other than in the case of a fire or natural disaster, a general-rule or home-rule municipality by an ordinance or charter may limit the ability of the owner to replace his home to a single replacement. (b-1) Notwithstanding any other law, a lien perfected with the department may be released only by filing a request for the release with the department on the form provided by the department or by following the department's procedures for electronic lien release on the department's Internet website. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. Acts 2007, 80th Leg., R.S., Ch. 3361), Sec. (3) shall comply with all applicable provisions of the Finance Code. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2017, 85th Leg., R.S., Ch. 70, eff. 408 (H.B. (c) The department shall issue a new statement of ownership to a survivor if: (1) an agreement providing for a right of survivorship is signed by two or more eligible persons, as determined under Section 1201.213; and. (d) The following are exempt from the application of this section: (1) a manufactured home that on August 31, 2003, was inhabited and located on real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency, if the home will remain on or be relocated to real property zoned as described by this subsection; and. WARRANTY FOR HUD-CODE MANUFACTURED HOME PERMANENTLY ATTACHED TO REAL PROPERTY. Search Texas Statutes. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. On the purchaser's application to the department for issuance of a new statement of ownership, the department shall inspect the home and, if the department determines that the home is habitable, issue a new statement of ownership. Check out the following resources from the Texas Department of Housing Housing and Community Affairs: Consumer Info Brochure. 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. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 14A.260(a), eff. September 1, 2017. 3361), Sec. June 18, 2003; Acts 2003, 78th Leg., ch. function di(id,name){ 13, eff. A continuing education program must be at least eight hours long and must include the current rules of the department and such other matters as the board may deem relevant. 1460), Sec. (b) Payment by the surety or from the other security must be made not later than the 30th day after the date of notice from the director that a consumer claim has been paid. 2019), Sec. 1460), Sec. Within 60 days of closing a sale, sellers are required to submit an Application for SOL along with the required fee. Married couple will be the only owners and agree that the . (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. 2019), Sec. 408 (H.B. Manufactured Housing Division - Online Statement of Ownership Application System. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. (1-a) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. Click here to access an Open Records Request form. 1201.501. June 1, 2003. January 1, 2008. June 1, 2003. 863 (H.B. The amended report and order supersede the initial report and order. (d) A retailer or manufacturer may not vary the content or form of the notice. 1421, Sec. Box 12489, Austin, Texas 78711. 12, 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. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. Any person is allowed to sell one manufactured home in a twelve-month period. Sec. (a)Except as provided by Subsection (a-1), for a manufactured home to qualify as September 1, 2017. Sec. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. (a) To ensure that a manufactured home sold or installed in this state complies with the standards code, the director may by contract provide for a federal agency or an agency or political subdivision of this state or another state to perform an inspection or inspection program under this chapter or under rules adopted by the board. C. OMMUNITY . 2, eff. If they did not make a mistake, the TDHCA will correct the statement and send it to the homeowner free of charge. Part 1026. You can also file a civil rights complaint with the U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties (CRCL) and/or Department of the Interior Office of . September 28, 2011. (3) the information and the cost required under Section 1201.1031. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. Venue for the suit is in Travis County. EXEMPTION FOR CERTAIN EMERGENCY HOUSING. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 3.06, eff. (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. The fee for a single is $35, doublewide is $70, and triple wide is $105. 863 (H.B. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; June 1, 2003. 408 (H.B. (3)a sworn affidavit by the applicant stating that: (A)the applicant is the owner of the manufactured home; (B)the seller of the manufactured home did not provide the applicant with the applicable 408 (H.B. document.returnValue = true; Acts 2007, 80th Leg., R.S., Ch. 9, eff. (4) the consumer was given conspicuous written notice of the requirements for retaining the deposit. Acts 2017, 85th Leg., R.S., Ch. 3361), Sec. In order to be deemed complete, an application for a Statement of Ownership must include, as applicable: (1) A completed and fully executed Application for Statement of Ownership on the Department's prescribed current form (2) The required fee; (3) If the statement . (b) On application, the municipality shall permit the installation of a HUD-code manufactured home for use as a dwelling in any area determined appropriate by the municipality, including a subdivision, planned unit development, single lot, and rental community or park. 1284 (H.B. View License Records. (b) In enforcing this chapter, the director may authorize a state inspector to travel inside or outside of the state to inspect a licensee. (f) A retailer's or manufacturer's knowing and wilful failure, from September 1, 1981, to September 1, 1985, to comply with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: Sec. 2438), Sec. (a) A person is eligible to sign a right of survivorship agreement under this subchapter if the person: (1) is married and the spouse of the signing person is the only other party to the agreement; (2) is unmarried and attests to that unmarried status by affidavit; or. 32, eff. 1460), Sec. September 1, 2013. September 1, 2009. 2438), Sec. 1201.162. If the person giving such notice knows that a person to whom the notice is being given no longer resides and is no longer receiving mail at a known address, a reasonable effort shall be made to locate the person and give the person notice at an address where the person is receiving mail. (3) is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property. September 1, 2017. (c) No test shall be given in relation to any continuing education program. June 1, 2003. 60, eff. The department shall disclose on its website the date of each lien filing. January 1, 2008. In an announcement on Thursday . CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. (B) are not used as residential dwellings when so designated. 10, eff. 408 (H.B. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. June 18, 2005. The director shall administer and enforce this chapter. (29) "Standards code" means the Texas Manufactured Housing Standards Code. Manufactured Home Property Tax Services. Sec. (e) Ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed application for the issuance of a statement of ownership is filed with the department. 1201.005. June 1, 2003. Acts 2013, 83rd Leg., R.S., Ch. 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. Added by Acts 2001, 77th Leg., ch. (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. Acts 2017, 85th Leg., R.S., Ch. TDHCA MHD FORM 1023 Form Page 1 of 2 Figure: 10 TAC 80.209(a) Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. Changing or modifying any of these forms without written permission of TMHA is a violation of federal copywrite law.