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. 74.06, eff. real property or personal property and regardless of whether the manufactured home A person removing a home is responsible to the real property owner for any damage to the real property resulting from the removal of the home. (a) Notwithstanding any other statute or rule or ordinance, a licensed retailer or licensed installer is not required to obtain a permit, certificate, or license or pay a fee to transport manufactured housing to the place of installation except as required by the Texas Department of Motor Vehicles under Subchapter E, Chapter 623, Transportation Code. 2438), Sec. (b) The department shall cooperate with the Texas Department of Motor Vehicles by providing current lists of licensed manufacturers, retailers, and installers. 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. 39, eff. 1201.604. 1201.553. January 1, 2008. (b) If a home does not have a serial number, seal, or label, the tax appraiser or tax assessor-collector may apply to the department for a seal if the tax appraiser or assessor-collector assumes full responsibility for the affixation of a seal to the home and the seal is actually affixed on the home. EXCEPTIONS TO LICENSE REQUIREMENT. 46 (H.B. Research Manufactured Homeownership Records - Before you buy a used manufactured home or submit an application to transfer ownership, please check department records for current ownership information, mortgage liens, and tax liens. 863 (H.B. September 1, 2017. 13. (b) A license application must be accompanied by: (1) proof of the security required by this subchapter; (2) payment of the fee required for issuance of the license; and. 1201.010. 1201.216. 1079 (H.B. 49, eff. Sec. 85(8), eff. (2) the date the act or omission is discovered or should reasonably have been discovered. Acts 2009, 81st Leg., R.S., Ch. (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. (2) no additional issuance of a statement of ownership is required with respect to the manufactured home, unless: (A) the home is moved from the location specified on the statement of ownership; (B) the real property election is changed; or. Sec. Acts 2005, 79th Leg., Ch. September 1, 2017. Amended by Acts 2003, 78th Leg., ch. 10, eff. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. Sec. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. 338, Sec. (d) After consideration of the comments, if any, the director shall issue a final determination. (c) An individual who holds a retailer's license or broker's license or who is a related person of such a licensee is not required to apply for a salesperson's license. Sept. 1, 2003. 1201.255. 1460), Sec. 5 reads "Each manufactured home shall bear a data plate affixed in a permanent manner near the main electrical panel or . CEASE AND DESIST. BROKER. (c) Except with respect to any change in use, servicing of a loan on a manufactured home, release of a lien on a manufactured home by an authorized lienholder, or change in ownership of a lien on a manufactured home, but subject to Section 1201.2075, if the department has issued a statement of ownership for a manufactured home, the department may issue a subsequent statement of ownership for the home only if all parties reflected in the department's records as having an interest in the manufactured home give their written consent or release their interest, either in writing or by operation of law, or the department has followed the procedures provided by Section 1201.206(k) to document ownership and lien status. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. (i) All proceedings conducted under this section and any review or appeal of those proceedings are subject to Chapter 2001, Government Code. 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. Out of Hours Emergency Care Menu White Cross Vets's home page Call us Derby - Alvaston01332 756 060 Bradford - Eccleshill01274 065 222 Middlesbrough - Coulby Newham01642 576 333 Doncaster - Balby01302 852323 famous gypsy families uk We will provide a status update on the issuance of vouchers for owned pets at the beginning of the new year, 2023 . Sec. 1284 (H.B. Section 5414; and. 4200 Smith School Road. 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. (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. The department shall disclose on its Internet website the date of each tax lien filing, the original amount of the tax lien claimed by each filing, and the fact that the amount shown does not include additional sums, including interest, penalties, and attorney's fees. (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. Acts 2007, 80th Leg., R.S., Ch. INFORMATION ON RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. 7, eff. 77 (H.B. 863 (H.B. (b) An installer may not install a used manufactured home at a location on a site that has evidence of ponding, runoff under heavy rains, or bare uncompacted soil unless the installer first obtains the owner's signature on a form promulgated by the board disclosing that such conditions may contribute to problems with the stabilization system for that manufactured home, including possible damage to that home, and the owner accepts that risk. In accordance with Section 1201.204, the retailer shall surrender to the department the original manufacturer's statement of origin at the same time that the retailer applies for the first statement of ownership. (C) without paying the amount of the penalty or posting the supersedeas bond, pursue judicial review. 2019), Sec. 2019), Sec. 85(3), eff. (c) The right of rescission described in Subsection (a) shall apply only to the sale transaction between the retailer and the consumer. An owner may elect to treat a manufactured home as real property only if the home is attached to: (1) real property that is owned by the owner of the home; or. CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. Amended by Acts 2003, 78th Leg., ch. Manufactured homes that are declared as personal property are taxed separately from the land. INSPECTION BY LOCAL GOVERNMENTAL UNITS. Additionally, after selling a mobile home, the SOL application with the required fees must be filed no later than 60 days after the date of a sale to a consumer for residential use. 11, eff. Added by Acts 2001, 77th Leg., ch. 1460), Sec. September 1, 2013. Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code. Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department. This subsection does not apply to the release of a tax lien perfected with the department. June 18, 2003. September 1, 2011. 863 (H.B. 68, eff. 1460), Sec. If for any reason the seller or transferor does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. 2438), Sec. 863 (H.B. Sec. under Section 11.13 only if: (1)the land is owned by one or more individuals, including the applicant; (2)the applicant occupies the manufactured home as the applicant's principal residence; 2, eff. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 2238), Sec. 14A.252(a), eff. Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. Acts 2017, 85th Leg., R.S., Ch. Sec. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 1510), Sec. Section 1601 et seq. An applicant is not required to submit an accompanying document described by Subsection DEFINITIONS BINDING. 1201.2055. 35, eff. (a) Notwithstanding any other provision of this chapter, a state or national bank, state or federal savings and loan association, federal savings bank, or state or federal credit union engaged in the business of selling or exchanging, or offering for sale or exchange, manufactured homes that the institution has acquired through repossession of collateral is not required to attend a course of instruction or file a bond or other security to be licensed as a retailer. 7, eff. Sec. (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. (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. 408 (H.B. Added by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 408 (H.B. 1201.409. 1201.117. Misuse of this system is subject . COMPLIANCE NOT REQUIRED FOR SALE FOR COLLECTION OF DELINQUENT TAXES. (e) The board shall adopt rules relating to course content and approval. Sec. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (2) "Affiliate" means a person who is under common control. 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. 85(5), eff. INSTRUCTION FEE. BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . (a) Except as provided by Section 1201.456, a broker shall ensure that the seller gives the buyer the applicable disclosures and warranties that the buyer would have received if the buyer had purchased the manufactured home through a licensed retailer. Sec. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. Texas Department Of Manufactured Housing Statement Of Ownership . a residence homestead under Section 11.13, the application for exemption required by Section 11.43 must be accompanied by: (1)a copy of the statement of ownership for the manufactured home issued by the manufactured 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. (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. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 863 (H.B. (a) The owner of real property on which a manufactured home owned by another is located may declare the home abandoned as provided by this section if: (1) the home has been continuously unoccupied for at least four months; and. 863 (H.B. 2, eff. (c) This chapter shall be liberally construed to promote its policies and accomplish its purposes. January 1, 2008. Amended by Acts 2003, 78th Leg., ch. Added by Acts 2019, 86th Leg., R.S., Ch. June 18, 2005. Obtain a expertly-drafted, state-specific template within minutes. A. FFAIRS. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; DECEPTIVE TRADE PRACTICES. approved by the secretary of housing and urban development. (f-1) A retailer may not be licensed to operate more than one location under a single license. September 1, 2017. (c) The standards adopted under Subsection (a)(1) must ensure that manufactured housing installed on both permanent and nonpermanent foundation systems resists overturning and lateral movement, according to the design loads for the particular wind zone for which the housing was constructed. January 1, 2008. The TDHCA requires a copy of the title commitment or policy. (5) "Inventory" means new and used manufactured homes that: (A) a retailer has designated as the retailer's inventory for sale pursuant to the process implemented by the department; and. Amended by Acts 2003, 78th Leg., ch. 8, eff. 1201.353. You may check that division's records through its website or contact that division to learn any recorded tax liens. Acts 2011, 82nd Leg., R.S., Ch. Acts 2017, 85th 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. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED. * Note: These forms are available as Add-Ons to your existing TMHA Membership. Acts 2013, 83rd Leg., R.S., Ch. 1421, Sec. 2, eff. January 1, 2008. 1201.509. (d) The retailer may not require a consumer to make a down payment on the acquisition of a manufactured home from the retailer's inventory until the time the installment contract is executed. 1079 (H.B. (a) Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization to a licensed retailer to sell or exchange a used manufactured home that is not or may not be habitable to or with a governmental housing agency or authority or to a nonprofit organization that provides housing for the homeless. A licensed salesperson may work only for the salesperson's sponsoring retailer or broker. Sept. 1, 2003. Acts 2017, 85th Leg., R.S., Ch. 1201.051. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized. (2) present at the next board meeting an analysis detailing whether the need for the rule, process, or policy change justifies the increase. (B) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. Acts 2013, 83rd Leg., R.S., Ch. 1201.058. They'll need to provide evidence of ownership, such as a bill of sale, contract, deed, purchase agreement or sale receipts. Sec. 1201.054. September 1, 2017. (2) a "warehouseman" under Chapter 24, Property Code. Acts 2009, 81st Leg., R.S., 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. 408 (H.B. January 1, 2008. Any. A single filing by a tax collector is a filing for all the taxing units for which the tax collector is empowered to collect. 1201.005. (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. 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. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. Added by Acts 2001, 77th Leg., ch. 2019), Sec. All Rights Reserved. A location at which a manufactured home is shown to the public or at which the home is offered for sale or exchange by a retailer to consumers requires a bond. (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. 3, eff. An appeal is a contested case governed by Chapter 2001, Government Code. 85(4), eff. 863 (H.B. 1201.302. A statement of ownership must be evidenced by a board-approved form issued by the department setting forth: (1) the name and address of the seller and the name and, if it is different from the location of the home, the mailing address of the new owner; (2) the manufacturer's name and address and any model designation, if available; (3) in accordance with the board's rules: (A) the outside dimensions of the manufactured home when installed for occupancy, as measured to the nearest one-half foot at the base of the home, exclusive of the tongue or other towing device; and. (2) provide contractually in the sales transaction that the identified bond applies to the sale. Sec. June 18, 2003. Acts 2007, 80th Leg., R.S., Ch. (i-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. (c) A person who is eligible for an exemption under this section remains subject to the other applicable provisions of this subchapter regarding the sale of manufactured homes. Acts 2007, 80th Leg., R.S., Ch. September 1, 2011. June 1, 2003. LICENSE EXPIRATION. Amended by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. Next . The owner must apply for this document within 60 days of the sale date or risk incurring a late fee and a delay of the statement's issuance. January 1, 2008. (g) An order of suspension under Subsection (f) may be appealed. The applicant is required to submit a set of fingerprints only once under this section unless a replacement set is otherwise needed to complete the criminal history check required by this section. Sec. September 1, 2011. 15(2), eff. (c) Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. Ownership and location changes must be recorded with the Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. Acts 2011, 82nd Leg., R.S., Ch. REFUNDS. (3) another state may prohibit installation of the home in a Wind Zone II or III area. A seal is the property of the department. (e) The advisory committee established by Subsection (d) shall make a report to the board setting forth each comment and concern over any proposed rules. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. 2019), Sec. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; Manufactured Home Property Tax Services. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. 33, eff. Added by Acts 2001, 77th Leg., ch. If an application for an initial statement of ownership is made without the required manufacturer's certificate and the retailer does not provide it as required, the department shall, on or before the issuance of the requested statement of ownership, send written notice to each party currently reflected on the department's records as having a recorded lien on the inventory of that retailer with respect to that home.