(3) "Alteration" means the replacement, addition, modification, or removal of equipment in a new manufactured home after sale by a manufacturer to a retailer but before sale and installation by a retailer to a purchaser in a manner that may affect the home's construction, fire safety, occupancy, or plumbing, heating, or electrical system. 3361), Sec. 1460), Sec. 2019), Sec. (c) If the required face amount of a security is impaired by the payment of a claim, the license holder shall restore the security to the required face amount not later than the 60th day after the date of impairment. 1460), Sec. 408 (H.B. 6, eff. Added by Acts 2001, 77th Leg., ch. The mobile home's lien information changes. (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. 338, Sec. 863 (H.B. (2) the holder of a lien or security interest of record. 1460), Sec. Homestead Exemption for Manufactured Home on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 2438), Sec. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. 1420), Sec. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. 1201.111. Amended by Acts 2003, 78th Leg., ch. PROHIBITED PURCHASE. 77 (H.B. 2019), Sec. 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. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. 381 Frontage Road Princeton, WV 24739. 46, eff. 27, eff. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. Sec. 863 (H.B. January 1, 2008. (a) The board shall approve continuing education programs for licensees under this chapter. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 Internet Address: APPLICATION FOR STATEMENT OF OWNERSHIP The filing of an application for the issuance of a Statement of Ownership later than . Acts 2017, 85th Leg., R.S., Ch. (i) Notwithstanding the 60-day deadline specified in Subsection (d), if the closing of a mortgage loan to be secured by real property including the manufactured home is held, the loan is funded, and a deed of trust covering the real property and all improvements on the property is recorded and the licensed title company or attorney who closed the loan failed to complete the conversion to real property in accordance with this chapter, the holder or servicer of the loan may apply for a statement of ownership electing real property status, obtain a copy of the statement of ownership, and make the necessary filings and notifications to complete such conversion at any time provided that: (1) the record owner of the home, as reflected on the department's records, has been given at least 60 days' prior written notice at: (A) the location of the home and, if it is different, the mailing address of the owner as specified in the department records; and. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. Any person is allowed to sell one manufactured home in a twelve-month period. (B) the most economical and efficient means to address those problems and serve the public interest. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. (3) another state may prohibit installation of the home in a Wind Zone II or III area. 1201.153. 1276, Sec. Sec. 2438), Sec. 863 (H.B. January 1, 2008. (h) An examination must be a requirement of successful completion of any initial required course of instruction under this section. 338, Sec. (d) The department may issue an amended report and order if all parties receive notice of and are given an opportunity to respond to that report and order. (b) The standards and requirements adopted under Subsection (a)(1) are the standards code. 1284 (H.B. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. June 18, 2005. January 1, 2008. Acts 2011, 82nd Leg., R.S., Ch. (2) except as provided by Section 1201.2055(h), the home is no longer a manufactured home for purposes of regulation under this chapter or of recordation of liens, including tax liens. January 1, 2008. 2019), Sec. (f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. 2019), Sec. 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. 55, eff. The prohibition must be prospective and may not apply to a mobile home previously legally permitted by and used as a dwelling in the municipality. June 1, 2003. 408 (H.B. LEGISLATIVE FINDINGS AND PURPOSES; LIBERAL CONSTRUCTION. Sec. 2019), Sec. (a) An applicant for a license as a manufacturer, retailer, broker, or installer must file with the director a license application containing: (1) the legal name, address, and telephone number of the applicant and each person who will be a related person at the time the requested license is issued; (2) all trade names, and the names of all other business organizations, under which the applicant does business subject to this chapter, the name of each such business organization registered with the secretary of state, and the address of such business organization; (3) the dates on which the applicant became the owner and operator of the business; and. 1284 (H.B. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS. Added by Acts 2001, 77th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; 863 (H.B. September 1, 2009. 1201.110. Sec. (d) Except as approved by the department, a local governmental unit may not require a permit, a fee, a bond, or insurance for the transportation and installation of manufactured housing by a licensed retailer or installer. The mobile home's physical location changes. Application . January 1, 2008. 410 (S.B. 13, eff. Sec. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. Acts 2007, 80th Leg., R.S., Ch. . Our new location is: George H.W. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange or negotiate for the sale or exchange of a used manufactured home to a consumer unless the appropriate seal or label is attached to the home. PERFECTION, EFFECT, AND RELEASE OF LIENS. 4, eff. (d) An applicant for a salesperson's license must: (1) file with the director an application that provides any information the director considers necessary and that is sponsored by a currently licensed retailer or broker; and. June 18, 2005. (b) The abatement continues until the earlier of: (1) the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director; or. Obtain a expertly-drafted, state-specific template within minutes. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MANUFACTURED HOUSING DIVISION Check Status Print STATUS INCOMPLETE P. O. 28, eff. June 1, 2003. (3)the applicant demonstrates ownership of the manufactured home under Subsection The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. 408 (H.B. 2019), Sec. (a-2) An applicant for a retailer's license must complete four hours of specialized instruction relevant to the sale and exchange of manufactured homes. 54, eff. (2) investigate the claim and issue a preliminary determination, giving the consumer, the licensee, and any surety an opportunity to resolve the matter by agreement or to dispute the preliminary determination. 1201.355. 1201.061. Sec. 1201.458. 3.07, eff. Section 3282.8(g). Sec. Acts 2007, 80th Leg., R.S., Ch. (a) In completing an application for the issuance of a statement of ownership, an owner of a manufactured home shall indicate whether the owner elects to treat the home as real property. 77 (H.B. 11, eff. . INSPECTIONS NOT LIMITED; CORRECTIONS. 51. Florida's general state sales tax rate is 6% with the following exceptions: Retail sales of new mobile homes - 3% Amusement machine receipts - 4% Rental, lease, or license of commercial real property - 5.5% Electricity - 6.95% Use TaxA bill of sale is a legal document acting as a receipt between the person selling a used car and the person . 1201.104. (2) present at the next board meeting an analysis detailing whether the need for the rule, process, or policy change justifies the increase. Acts 2009, 81st Leg., R.S., Ch. DENIAL OF LICENSE; DISCIPLINARY ACTION. 1201.504. How do I get a replacement title for a mobile home in Texas? RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. PROHIBITED SALE OR EXCHANGE. (d) A retailer's or manufacturer's compliance, from September 1, 1981, to September 1, 1985, with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: (e) A retailer's or manufacturer's knowing and wilful failure to comply with the regulations and rules described by Subsection (c) is conclusive proof that: (1) the retailer or manufacturer breached the duty to notify the consumer about formaldehyde; and. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. 40, eff. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the board by order may find that a violation has occurred or has not occurred. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 2438), Sec. June 1, 2003. (c) Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction. Acts 2017, 85th Leg., R.S., Ch. WARRANTY FOR HUD-CODE MANUFACTURED HOME PERMANENTLY ATTACHED TO REAL PROPERTY. 1284 (H.B. 1460), Sec. 1079 (H.B. (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. 2019), Sec. September 1, 2017. (B) other information required by this chapter. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. 2, eff. June 1, 2003. (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. 1284 (H.B. Amended by Acts 2003, 78th Leg., ch. The term does not include a person who maintains a location for the display of manufactured homes. September 1, 2013. 2019), Sec. 408 (H.B. (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. (4) all exterior doors and windows are in place and operate properly. The lienholder may not be joined as a party in any litigation relating to the sale or exchange of the home. PROHIBITED RETENTION OF DEPOSIT. An appointment is NOT required for vehicle registration renewals, special plates, replacement registration/plates, disabled placards, or disabled plates. September 1, 2011. 29, eff. (a) The board shall adopt rules relating to the administrative sanctions that may be enforced against a person regulated by the department. 37, eff. Acts 2017, 85th Leg., R.S., Ch. Fees are nonrefundable. 1079 (H.B. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. 1201.217. 1201.305. Acts 2007, 80th Leg., R.S., Ch. June 1, 2003. June 18, 2003. If the person does not request a hearing before the 31st day after the date the person receives notice of the imposition of the administrative penalty, the penalty becomes final. Sec. 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. 2019), Sec. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. 31, eff. September 1, 2009. When you conduct a title search, you will need to provide the complete serial number, Texas Seal number or HUD label for the mobile home, the address of the property, and the first and last name of the current or legal owner. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . 1421, Sec. Currently, Denton County has 14,626 mobile homes registered with the Texas Department of Housing and Community Affairs (TDHCA).TDHCA maintains the official state records (called Statements of Ownership and Location (SOL)) regarding the ownership, location, lien status, and status as real property or personal property.. 408 (H.B. INSPECTION BY LOCAL GOVERNMENTAL UNITS. SUBCHAPTER I. 1460), Sec. (C) the use of the property is changed as described by Section 1201.216. The director shall prepare information for notifying consumers of their rights to recover under the manufactured homeowner consumer claims program, shall post the information on the department's website, and shall make printed copies available on request. 2, eff. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. In this chapter: (1) "Advertisement" means a commercial message that promotes the sale or exchange of a manufactured home and that is presented on radio, television, a public-address system, or electronic media or appears in a newspaper, a magazine, a flyer, a catalog, direct mail literature, an inside or outside sign or window display, point-of-sale literature, a price tag, or other printed material.
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