8(1), eff. Cite this article: FindLaw.com - Texas Tax Code - TAX 11.432. Acts 2005, 79th Leg., Ch. CEASE AND DESIST. 2019), Sec. 2238), Sec. Acts 2011, 82nd Leg., R.S., Ch. January 1, 2008. Acts 2009, 81st Leg., R.S., Ch. Austin, Texas, 78744. 3.03, eff. 2438), Sec. 4, eff. 1284 (H.B. 1201.1511. September 1, 2017. 1201.304. Added by Acts 2007, 80th Leg., R.S., Ch. 1201.159. Added by Acts 2001, 77th Leg., ch. 2, eff. Sec. Sec. September 1, 2009. 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. Sec. If there is an existing lien on the new manufactured home perfected with the department, the owner of the lien is entitled to recover the value of the lien from the retailer. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. 338, Sec. 863 (H.B. 338, Sec. A retailer may not purchase for resale to a consumer a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. September 1, 2017. Acts 2013, 83rd Leg., R.S., Ch. 2.001. (g) The department may request that a tax collector confirm that no tax suit has been timely filed on any manufactured home tax lien more than four years in delinquency. (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. Description - Texas Statement of Ownership and Location. (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. Added by Acts 2001, 77th Leg., ch. 2019), Sec. (a) Except as provided by Subsection (b) or Section 1201.206(k), the department may not issue a statement of ownership for a manufactured home that is being converted from personal property to real property until: (1) each lien on the home is released by the lienholder; or. (a) The department may not issue a statement of ownership for a manufactured home that is being converted from real property to personal property until the department has inspected the home and determined that it is habitable and: (1) each lien, including a tax lien, on the home is released by the lienholder; or. 863 (H.B. (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. (c) An applicant for a salesperson's license may apply for a license without having completed the course of instruction if the person successfully completes the course not later than the 90th day after the date of the person's licensure. GENERAL PROVISIONS. 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 6, eff. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; Acts 2017, 85th Leg., R.S., Ch. EXCEPTION FOR REAL ESTATE BROKERS AND SALESPERSONS. Amended by Acts 2003, 78th Leg., ch. (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. 1460), Sec. 1201.212. QUALIFICATIONS FOR LICENSE. Sec. 23, eff. (2) money stated to be a down payment in an executed retail sales contract. (2) appliances and equipment included with the sale of the home and installed by the retailer are or will be: (A) installed in accordance with the instructions or specifications of the manufacturers of the appliances or equipment; and. 863 (H.B. The attorney general and the director may recover reasonable expenses incurred in obtaining injunctive relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. The term does not include educational material or material required by law. Though it may seem intimidating, buying a mobile home in Texas can be extremely easy once you have a solid idea of what youre looking for and how to do it. 77 (H.B. 2019), Sec. September 1, 2017. (a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if: (1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date; and. September 1, 2017. September 1, 2017. Manufactured Housing has moved! 6, eff. // function that displays status bar message In our commitment to open government, we invite open records requests in writing. The Texas Department of Housing & Community Affairs (TDHCA) handles all transfers of manufactured housing. 408 (H.B. September 1, 2009. (c) A seal issued to a tax appraiser or tax assessor-collector is for identification purposes only and does not imply that: (2) a purchaser of the home at a tax sale may obtain a new statement of ownership from the department without an inspection for habitability. Amended by Acts 2003, 78th Leg., ch. (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. September 1, 2009. 9, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. Bloody 'crime scene' may be a civil matter: Pepper Pike Police Blotter Austin Police Department turns to AI as staffing crisis looms Acts 2017, 85th Leg., R.S., Ch. The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. 1135 (H.B. 29, eff. COOPERATION WITH LOCAL GOVERNMENTAL UNITS. (a) if the appraisal district verifies the applicant's ownership under this subsection. Sec. 1276, Sec. SUBCHAPTER M. ENFORCEMENT PROVISIONS AND PENALTIES. (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. 1421, Sec. Added by Acts 2001, 77th Leg., ch. (7) "Manufacturer's certificate" means a document that meets the requirements prescribed by Section 1201.204. 21, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. (18) "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home. 74.06, eff. 1284 (H.B. IAdminfootr01a_01_04o = new Image(123, 28);IAdminfootr01a_01_04o.src = '/images/om_nav_over.gif'; Buying, Selling, or Moving a Mobile Manufactured Home 1201.003. Application . 85(3), eff. (A) a security interest created by a lease, conditional sales contract, deed of trust, chattel mortgage, trust receipt, reservation of title, or other security agreement if an interest other than an absolute title is sought to be held or given in a manufactured home; or. If you can't find the home you are looking for, try looking in our archived records. Added by Acts 2001, 77th Leg., ch. (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. (b) If the department needs additional information for the renewal application or verification of continuing insurance or bond coverage, the license holder must provide the requested information or verification not later than the 20th day after the date of receipt of notice from the department. (2) notify the department and the chief appraiser of the applicable appraisal district that the copy has been filed. 2019), Sec. L. No. You can use a generic bill of sale form or create it by hand. 1284 (H.B. 32, eff. January 1, 2008. September 28, 2011. September 1, 2017. Acts 2005, 79th Leg., Ch. INSPECTION SEARCH WARRANTS. DOWN PAYMENT. 3361), 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.. PROBATION. 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. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. Sec. Sec. Acts 2005, 79th Leg., Ch. (a-1)An appraisal district may rely upon the computer records of the Texas Department Manufactured Home Property Tax Services. 11, eff. 1421, Sec. 408 (H.B. Added by Acts 2001, 77th Leg., ch. 16, eff. (a) Except as provided by Subsection (g), as a requirement for a manufacturer's, retailer's, broker's, installer's, or salesperson's license, a person who was not licensed or registered with the department or a predecessor agency on September 1, 1987, must, not more than 12 months before applying for the person's first license under this chapter, attend and successfully complete eight hours of instruction in the law, including instruction in consumer protection regulations. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 22, eff. Sec. Acts 2013, 83rd Leg., R.S., Ch. 863 (H.B. P.O. 63, eff. 1201.110. (a) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without fulfilling the instruction requirements of Section 1201.104(a). (9) "Control" means, with respect to another person, the possession of the power, directly or indirectly, to vote an interest of 25 percent or more. Mhd Form 1023 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. 22, eff. (a) A municipality may prohibit the installation of a mobile home for use as a dwelling in the municipality. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND HOUSING, SUBTITLE C. REGULATION OF CERTAIN TYPES OF HOUSING AND BUILDINGS. Sept. 1, 2003. FALSE OR MISLEADING INFORMATION. (c) The Texas Department of Motor Vehicles shall provide to the department monthly a list of the permits issued in the preceding month and the information on the permits. 53, eff. Sec. 26, eff. (a) A local governmental unit of this state may not adopt a standard for the construction or installation of manufactured housing in the local governmental unit that is different from a standard adopted by the board unless, after a hearing, the board expressly approves the proposed standard. Sec. (a) The board shall adopt standards and requirements for: (1) the installation and construction of manufactured housing that are reasonably necessary to protect the health, safety, and welfare of the occupants and the public; and. 338, Sec. (a)Except as provided by Subsection (a-1), for a manufactured home to qualify as (21) "New manufactured home" means a manufactured home that is not a used manufactured home, regardless of its age. 1201.005. 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. (4) all exterior doors and windows are in place and operate properly. Amended by Acts 2003, 78th Leg., ch. 2019), Sec. 2438), Sec. 1460), Sec. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 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. 27, eff. (2) a federally insured financial institution or licensed attorney who has obtained from a licensed title insurance company a title insurance policy covering all prior liens on the home. Added by Acts 2003, 78th Leg., ch. Added by Acts 2005, 79th Leg., Ch. 46 (H.B. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. Manufactured Housing Landscape 2020 - Fannie Mae 8, eff. January 1, 2008. January 1, 2008. A bond is not required of the director with respect to injunctive relief granted under this subsection. (11) "Subsequent sale" means a bargain, sale, transfer, or delivery of a manufactured home, with intent to pass an interest in the home, other than a lien, from one person to another after the first retail sale and initial issuance of a statement of ownership. If required by law or otherwise necessary, the director may obtain an inspection search warrant. window.status = msgStr; (a) The department may inspect a licensee's records during normal business hours without advance notice if the director believes that such inspection is necessary to prevent a violation of this chapter, to protect a consumer or another licensee, or to assist another state or federal agency in an investigation. An applicant is not required to submit an accompanying document described by Subsection Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Sec. September 1, 2017. Amended by Acts 2003, 78th Leg., ch. 8, eff. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS. 408 (H.B. This subsection does not apply to the release of a tax lien perfected with the department. MM/DD/YYYY. The following is a list of documents and information required by the Texas Department of Housing and Community Affairs as a filing requirement for a Statement of Ownership issued by the Department.1. January 1, 2008. 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 . . Sec. Acts 2011, 82nd Leg., R.S., Ch. January 1, 2008. 1201.305. 2, eff. Acts 2009, 81st Leg., R.S., Ch. 7, eff. If you have any questions, feel free to contact us today. 1510), Sec. (d) In order to ensure that the determinations required by this section are properly made by qualified persons: (1) the board's rules may provide for the approval of foundation systems and devices that have been approved by licensed engineers; and. (d) In accordance with the provisions of Section 7.210, Business & Commerce Code, a licensed retailer acting as a warehouse to enforce a warehouse's lien is considered to have sold a manufactured home in a commercially reasonable manner if the retailer sells the manufactured home in the same manner the retailer would sell a manufactured home at retail. 2, eff. 408 (H.B. 2438), Sec. (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. 2438), Sec. June 18, 2005. In order to satisfy this requirement, the property owner may apply to our office for any of the following: Our staff is available to assist you with these and any questions regarding property taxes on manufactured housing. (a) If a consumer files a cause of action against a retailer or manufacturer, a claim based on an act of the retailer or manufacturer that the consumer could assert against the holder of the manufactured home debt instrument must be asserted against the holder in the primary suit against the retailer or manufacturer. PROHIBITED SALE OR EXCHANGE. Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. 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. 2019), Sec. When a manufactured home changed hands, the new owner had to apply to the Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs for the title transfer, and the agency would issue a new title. Acts 2007, 80th Leg., R.S., Ch. You may do so by searching our database on the web, or . The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. (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. 7, eff. (a-4) An applicant for a joint installer-retailer license must comply with Subsections (a-2) and (a-3), for a total of eight hours of specialized instruction. Login ID. September 1, 2013. (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. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. (3) assist the consumer in the delivery or installation of, or in making arrangements for the delivery or installation of, the home to or at a homesite in that area. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. Statement From Tax Assessor-Collector from the local tax collector's office is needed. You should also check for delinquencies with the local tax office(s). Sec. (b) If the home does not have the appropriate seal or label, the person must: (1) apply to the department for a seal; and. 408 (H.B. 1201.115. SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. 1201.608. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. Fort Worth, TX 76196. The home will need to pass an inspection conducted by a certified inspector, and the report will most likely be finished within 48 hours. Acts 2005, 79th Leg., Ch. Sec. (b) If requested, the board shall, after at least 10 days' notice, hold a hearing on any rule that it proposes to adopt, other than a rule that is to be adopted under emergency rulemaking, in which case only the requirements of Chapter 2001, Government Code, shall apply. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. 1814), 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. 2019), Sec. 1201.107. and from the rules and regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 1201.361. Attach the mobile home statement of ownership and location or sales contract. Acts 2005, 79th Leg., Ch. 2019), Sec. June 18, 2005. (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. (a) In a transaction that is to be financed and that will not be subject to the federal Real Estate Settlement Procedures Act of 1974 (Pub. Ownership and location changes must be recorded with the Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. Each requirement or standard that is adopted, modified, amended, or repealed by the board must state its effective date. (a) Except as provided for in Subsection (a-1), the department shall process any completed application for the issuance of a statement of ownership not later than the 15th working day after the date the application is received by the department. 1421, Sec. 408 (H.B. 34(1), eff. Louisiana Manufactured Housing Association - LMHA Sec. ownership interest in the development, except for a tax credit . The department may suspend or revoke the license of a retailer who fails to satisfy a perfected inventory lien. The TDHCA reviews the application upon receipt and if it finds the evidence presented to be insufficient, it will notify the applicant and send a Request for Additional Information (RAI). Sec. HEARING ON STANDARD OR REQUIREMENT. (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. Associate Last Name. Fill Out The Application For Statement Of Ownership - Texas Online And Print It Out For Free. Amended by Acts 2003, 78th Leg., ch.
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