INSTALLER'S WARRANTY. (2) a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement. 1510), Sec. The form shall also conspicuously disclose the consumer's right of rescission. Sec. 1421, Sec. Acts 2007, 80th Leg., R.S., Ch. Sec. 1460), Sec. Section 3282.8(g). SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. (d) The course of instruction must be offered at least quarterly. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. QUALIFICATIONS FOR LICENSE. Acts 2017, 85th Leg., R.S., Ch. (g) An order of suspension under Subsection (f) may be appealed. Added by Acts 2003, 78th Leg., ch. BOX 12489 Austin, Texas 78711-2489 January 1, 2008. Acts 2009, 81st Leg., R.S., Ch. 16, eff. C. OMMUNITY . Added by Acts 2013, 83rd Leg., R.S., Ch. This includes an age limit on those who use playgrounds in Kansas, a prohibition on masked groups in New York (until the COVID-19 pandemic changed life as we know it) and a ban on using ferrets as hunting animals in West Virginia. Added by Acts 2009, 81st Leg., R.S., Ch. Changing or modifying any of these forms without written permission of TMHA is a violation of federal copywrite law. Added by Acts 2001, 77th Leg., ch. 1201.409. September 1, 2009. 408 (H.B. (c) A retailer, broker, or salesperson or a person acting on behalf of a retailer or broker may not receive or accept compensation or consideration of any kind from the seller of the real property or a person acting on the seller's behalf. 5, eff. September 1, 2017. The board shall issue an order after receiving a proposal for decision. September 1, 2013. Manufactured Housing. (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). January 1, 2008. The application fee is currently $55, which should be submitted directly to the TDCHA. housing division of the Texas Department of Housing and Community Affairs under Section 1201.207, Occupations Code, showing that the individual applying for the exemption is the owner of the manufactured 77 (H.B. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. 863, Sec. Sec. Texas Parks and Wildlife. As otherwise indicated below. September 1, 2017. (b) A lien recorded before March 1, 1982, with the Texas Department of Transportation or a predecessor agency of that department is recorded with the department for the purposes of this chapter. 2, eff. Amended by Acts 2003, 78th Leg., ch. Sec. 408 (H.B. September 1, 2017. Statement of Ownership Application Instructions (PDF) . Cite this article: FindLaw.com - Texas Tax Code - TAX 11.432. 408 (H.B. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community Affairs - Manufactured Housing Division as provided by law. Acts 2007, 80th Leg., R.S., Ch. 11, eff. (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. 944), Sec. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is reserved for a business use. The members of the committee shall have no personal liability for providing this advice. Sec. 338, Sec. 1201.360. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. 1201.156. June 1, 2003. The accrued interest on amounts remitted by the director under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the assessed penalty is paid to the director and ending on the date the penalty is remitted. 2019), Sec. Without limiting the generality of the foregoing, this includes engaging others to install, connect, or otherwise work on air conditioning, plumbing, and electrical systems. (4) the consumer was given conspicuous written notice of the requirements for retaining the deposit. 338, Sec. 1460), Sec. Amended by Acts 2003, 78th Leg., ch. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). 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. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. January 1, 2008. 408 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 28, eff. A family relationship required by this subsection may be a relationship established by adoption. contract or agreement; and. Acts 2017, 85th Leg., R.S., Ch. If you currently own a title certificate and need an SOL, you can find helpful application instructions down below. If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. 2019), Sec. (c) At the time the manufacturer delivers the home to the retailer, the manufacturer shall also deliver to the retailer: (2) the warranties given by the manufacturers of appliances or equipment installed in the home. If the home is going to be moved, you must contact the Texas Department of Motor Vehicles and obtain the required moving permit, which is also submitted alongside your SOL application. September 1, 2017. January 1, 2008. 1201.351. (a) If the sale or exchange of a used manufactured home is to a purchaser for the purchaser's business use, the home is not required to be habitable unless the purchaser discloses to the retailer in writing at the time of purchase that the purchaser intends for a person to be present in the home for regularly scheduled work shifts of not less than eight hours each day. CHANGE IN USE. 3, eff. (b-1) As authorized by Section 1201.6041, the director may order a manufacturer, retailer, or installer, as applicable, to pay a refund directly to a consumer as part of an agreed order described by Subsection (b) instead of or in addition to instituting an administrative action under this chapter. 2, eff. (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. 2019), Sec. 1, eff. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. 1201.008. 2, eff. 2019), Sec. Once all of the documents are signed, the buyer will need to register their new home with the DMV. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. 2019), Sec. 2, eff. Questions or comments, please call 1-800-500-7074. September 1, 2009. . In our commitment to open government, we invite open records requests in writing. (b) For a preliminary determination that has been disputed to become final and valid, the department shall make any changes the director determines to be appropriate and issue another written preliminary determination as to the responsibility and liability of the manufacturer, retailer, broker, and installer. 6, eff. (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. SECURITY REQUIRED. Added by Acts 2001, 77th Leg., ch. Amended by Acts 2003, 78th Leg., ch. Amended by Acts 2003, 78th Leg., ch. Buyers should first determine what supporting documents they'll need when filing for the ownership document, as well as any fees by referring to the agency's requirements for Applying for a Statement of Ownership (PDF). Acts 2009, 81st Leg., R.S., Ch. 1201.361. 1201.001. Penney OpCo LLC, doing business as JCPenney and often abbreviated JCP, is a midscale American department store chain operating 667 stores across 49 U.S. states and Puerto Rico. Sec. 1460), Sec. 9, eff. September 1, 2017. 1460), Sec. 14A.257(b), eff. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home without the appropriate transfer of good and marketable title to the home. Acts 2007, 80th Leg., R.S., Ch. 38, eff. 3613), Sec. September 1, 2013. 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. Q. September 1, 2009. (b) Repealed by Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 1201.209. 408 (H.B. Sec. 863 (H.B. There is no additional fee for the release of . June 18, 2003. September 1, 2017. (2) the real property owner may declare the home abandoned and may apply to the department for a statement of ownership listing the real property owner as the owner of the manufactured home. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. 1016, Sec. Acts 2005, 79th Leg., Ch. September 1, 2017. The instruction under this subsection is in addition to the instruction required under Subsection (a). (a) Notwithstanding Section 1201.151 or 1201.1521, a retailer may collect from a consumer in advance or deduct from the consumer's deposit or down payment any expenses incurred by the retailer if, after receiving a conditional notification of approval from a lender chosen by the consumer, the consumer: (1) contracts with the retailer to arrange for services that are performed by an appraiser of real property or a title company in connection with real property that will be included in the purchase or exchange or is intended to be pledged by the consumer as collateral for the consumer's purchase or exchange of a manufactured home; (2) is provided notice of laws relating to rescission and real property appraisal and title work expenses before signing the contract for real property appraisal and title work services; and. BROKER. June 18, 2005. 9, eff. January 1, 2008. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. Acts 2017, 85th Leg., R.S., Ch. ACTING WITHOUT LICENSE; CRIMINAL PENALTY. 1201.362. 408 (H.B. September 1, 2017. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; 1460), Sec. 1421, Sec. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. APPLICABILITY OF BUSINESS & COMMERCE CODE. Acts 2017, 85th Leg., R.S., Ch. (e) If the governor by executive order or proclamation declares a state of disaster under Chapter 418, Government Code, the director, in accordance with rules adopted by the board, may waive the imposition of any fee under this chapter in the affected area. 1421, Sec. 1284 (H.B. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED. (b) The department shall cooperate with the Texas Department of Motor Vehicles by providing current lists of licensed manufacturers, retailers, and installers. 1, eff. 1079 (H.B. 73(a)(3), eff. January 1, 2008. MM/DD/YYYY. Added by Acts 2001, 77th Leg., ch. June 18, 2003; Acts 2003, 78th Leg., ch. 24, eff. (b) Completion of an approved continuing education program described by Subsection (a) is a prerequisite to renewal of a license. Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically become a final order. Added by Acts 2001, 77th Leg., ch. Breaking a lease due to disability can also be costly. An appeal is a contested case governed by Chapter 2001, Government Code. 35, eff. June 1, 2003. (b) If a surety files for liquidation or reorganization in bankruptcy or is placed in receivership, the license holder shall obtain other security not later than the 60th day after the date that notice of the filing or receivership is received. 2, eff. 2019), Sec. SEAL PROPERTY OF DEPARTMENT. First, contact the Texas Department of Housing and Community Affairs - Manufactured Housing Division at 800-500-7074 or 512-475-2200 and explain your exact situation. 85(3), eff. Sec. 1284 (H.B. June 18, 2005. (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. Sept. 1, 2003. WIND ZONE REGULATIONS. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. (a) The payment of actual damages is limited to the lesser of: (1) the amount of actual, reasonable costs, not including attorney's fees, that the consumer has incurred or will incur to resolve the act or omission found to be a violation under Section 1201.404; or. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 77 (H.B. . 2019), Sec. 12, eff. September 1, 2017. The instruction under this subsection is in addition to the instruction required under Subsection (a). (5) the expansion of certain regulatory powers is: (A) necessary to address the problems described by Subdivisions (1)-(4); and. 1079 (H.B. 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. 408 (H.B. (c) The director shall issue to the manufacturer, retailer, or installer an appropriate order for corrective action by the manufacturer, retailer, or installer specifying a reasonable period for completion of the corrective action.