1201.103. 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. 1284 (H.B. The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of fitness for a particular purpose or of merchantability as described by Chapter 2, Business & Commerce Code. (a) The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and provide for uniform enforcement of this chapter and the standards code. Added by Acts 2001, 77th Leg., ch. June 18, 2005. contract or agreement; and. Login ID. Sept. 1, 2003. January 1, 2008. LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING. September 1, 2017. (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. January 1, 2008. 2019), Sec. 408 (H.B. 408 (H.B. The board shall issue an order after receiving a proposal for decision. (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. 33, eff. (a) The department shall make available in electronic format, or in hard-copy format on request, to each chief appraiser of an appraisal district in this state a monthly report that, for each manufactured home reported as having been installed during the preceding month in the county for which the district was established and for each manufactured home previously installed in the county for which a transfer of ownership was recorded by the issuance of a statement of ownership during the preceding month, lists: (2) the name of the manufacturer of the home, if available; (3) the model designation of the home, if available; (4) the identification number of each section or module of the home; (5) the address or location where the home was reported as installed; and. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction. Acts 2009, 81st Leg., R.S., Ch. 1421, Sec. 408 (H.B. (2) "Document of title" means a written instrument issued solely by and under the authority of the director before September 1, 2003, that provides the information required by Section 1201.205, as that section existed before that date. January 1, 2008. 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. 863 (H.B. In that instance, the director shall issue the same order for corrective action to the retailer with a new time frame not to exceed 10 days unless additional time is needed for compliance upon a showing of good cause. January 1, 2008. 3.08, eff. 1460), Sec. September 1, 2017. The warranty may expressly disclaim or limit any warranty regarding cosmetic defects. September 1, 2017. (2) the county in which the violation occurs. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 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. If the consumer grants a person other than the retailer a lien on the manufactured home, the right of rescission shall immediately cease on the filing of the lien with the department. The department may not refuse to issue a statement of ownership and may not suspend or revoke a statement of ownership unless: (1) the application for issuance of the statement of ownership contains a false or fraudulent statement, the applicant failed to provide information required by the director, or the applicant is not entitled to issuance of the statement of ownership; (2) the director has reason to believe that the manufactured home is stolen or unlawfully converted, or the issuance of a statement of ownership would defraud the owner or a lienholder of the manufactured home; (3) the director has reason to believe that the manufactured home is salvaged, and an application for the issuance of a new statement of ownership that indicates that the home is salvaged has not been filed; (5) the state sales and use tax has not been paid in accordance with Chapter 158, Tax Code, and Section 1201.208; or. 1421, Sec. 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. 1460), Sec. June 18, 2003. 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 . 408 (H.B. If the examination failure rate exceeds 25 percent, the board shall: (1) review the examination and the examination procedures; and. 2438), Sec. 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. 1460), Sec. June 1, 2003. 14A.256(a), eff. Acts 2005, 79th Leg., Ch. (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. (b) If a person charged with the violation accepts the determination of the director, the director shall issue an order approving the determination and ordering that the person pay the recommended penalty. Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. September 1, 2017. 408 (H.B. The department shall maintain on file a security other than a bond canceled as provided by Section 1201.109(a) until the later of: (1) the second anniversary of the date the manufacturer, retailer, broker, or installer ceases doing business; or. 1201.1521. September 1, 2017. (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. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205; and. (16) Repealed by Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. 1201.251. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. (c) The retailer may not retain more than five percent of the estimated cash price of the specially ordered home and must refund any amount that exceeds five percent. 73(a)(3), eff. (2) the holder of a lien or security interest of record. The application must include all the following documents as a part of this form. on the tax rolls separately. (7) "Business use" means the use of a manufactured home in conjunction with operating a business, for a purpose other than as a permanent or temporary residential dwelling. 338, Sec. (5) the expansion of certain regulatory powers is: (A) necessary to address the problems described by Subdivisions (1)-(4); and. Sec. DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. Acts 2017, 85th Leg., R.S., Ch. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. September 1, 2009. 408 (H.B. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. If a retailer sells the home, but does not help the buyer or provide them with the documents they need to file for Statement of Ownership, the buyer can file a complaint with the TDHCA using its Consumer Complaint form. (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. January 1, 2008. 338, Sec. Section 1026.23. (1) shall advise each local governmental unit biennially in writing of the program for contracting installation inspections; (2) shall encourage local building inspection officials to perform enforcement and inspection activities for manufactured housing installed in the local governmental unit; and. (c) In determining the amount of an administrative penalty assessed under this section, the director shall consider: (3) the amount necessary to deter future violations; (4) efforts made to correct the violation; and. 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. Buyers should first contact a professional, such as Mobile Home HQ, to obtain advice on the right questions you should ask to prevent future problems from occurring. (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. 3613), Sec. January 1, 2008. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. 2019), Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 2019), Sec. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. Amended by Acts 2003, 78th Leg., ch. January 1, 2008. 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). An incomplete application can also delay processing. 3.07, eff. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. 408 (H.B. (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. 35, eff. DIRECT CONSUMER COMPENSATION. If you have any questions that we could assist with, please contact our office at 512-943-1601 or by email at bwilliams@wilco.org. Amended by Acts 2003, 78th Leg., ch. 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. The department shall make an appropriate fee distribution to a local governmental unit that performs an inspection under a contract or other official designation if that unit does not collect a local inspection fee. (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. Sec. Acts 2007, 80th Leg., R.S., Ch. Sec. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; Section 3282.8(g). 2019), Sec. 20, eff. (d) After consideration of the comments, if any, the director shall issue a final determination. (b) If part of the down payment is consideration other than cash, including a loan or trade-in, the retailer must expressly state that fact in the retail installment sales contract or other credit document. HEARING ON STANDARD OR REQUIREMENT. 338, Sec. 1, eff. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. Box 4663Houston, Texas 77210 Email: manufacturedhome@tax.hctx.net, 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. In this subchapter: (1) "Certificate of attachment" means a written instrument issued solely by and under the authority of the director before September 1, 2001, that provides the information required by former Section 19(l), Texas Manufactured Housing Standards Act (Article 5221f, Vernon's Texas Civil Statutes), as that subsection existed before that date. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. 2438), Sec. Application for Certificate(s) of Financial Responsibility, as . (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. Sec. Amended by Acts 2003, 78th Leg., ch. Sec. 1284 (H.B. STATEMENT OF OWNERSHIP FORM. Enter the number of acres used for residential purposes. Acts 2017, 85th Leg., R.S., Ch. IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; 1276, Sec. (3) "First retail sale" means a consumer's initial acquisition of a new manufactured home from a retailer by purchase or exchange. June 18, 2005. Sec. The installation of a new manufactured home must meet, in addition to applicable state standards, the manufacturer's specifications required to validate the manufacturer's warranty. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. 1421, Sec. 1460), Sec. Tarrant County Tax Office. 1460), Sec. Changing or modifying any of these forms without written permission of TMHA is a violation of federal copywrite law. (b) The department shall adopt rules for the application for and automatic issuance of a statement of ownership of a manufactured home described by Subsection (a). 1460), Sec. Sec. (b) Unless, not later than the 65th day after the later of the installation date or the date of the sale or exchange, the consumer notifies the seller in writing of a defect that makes the home not habitable, any obligation or liability of the seller under this subchapter is terminated. 1460), Sec. 863 (H.B. 863 (H.B. 1284 (H.B. 77 (H.B. September 1, 2013. 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. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 43, eff. 1421, Sec. 408 (H.B. There is no additional fee for the release of . Acts 2007, 80th Leg., R.S., Ch. Bush State Office Building. (b) A person who owns a used manufactured home that is salvaged shall apply to the director for the issuance of a new statement of ownership that indicates that the home is salvaged. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government . 1, eff. The Texas Department of Housing and Community Affairs' (Department's) Manufactured Housing Division (Division) effectively processes and issues Statements of Ownership and Location (SOLs) in accordance with State rules and division policies, and tracks corrections to the SOLs for use in identifying . Not later than the 60th day after the date the department issues a copy of the statement of ownership to the owner, the owner must: (1) file the copy in the real property records of the county in which the home is located; and. 61, eff. 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. 85(5), eff. 408 (H.B. 3.09, eff. 25, eff. (a) If the manufacturer, retailer, or installer does not provide the consumer with proper warranty service, the consumer may, at any time, request the department to perform a consumer complaint home inspection. 85(8), eff. 1201.209. 33, eff. PROCEDURE FOR ADOPTING RULES. 408 (H.B. Sec. The definition of a manufactured home per section 32.015 of the Texas Property Tax Code is: (c) A manufactured home has the meaning assigned by section 1201.003 of the Occupations Code. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 13, eff. 863 (H.B. (c) A consumer's refusal to allow the manufacturer, installer, or retailer to perform warranty service in accordance with the inspection report, determinations, and orders of the director bars a cause of action relating to an alleged failure to: (1) comply with a written or implied warranty; or. They are non-refundable. Sec. (b) The retailer's warranty on a new HUD-code manufactured home is in effect until the first anniversary of the later of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of the home. Sec. The median annual household income of manufactured home residents who own their homes is about $35,000, half of the median annual income of site-built homeowners. September 1, 2017. Sec. Judicial review of any order, decision, or determination of the board is instituted by filing a petition with a district court in Travis County as provided by Chapter 2001, Government Code. 338, Sec. ), Subchapter I, Chapter 16, Water Code, and any other applicable local, state, or federal law, and ensures the consumer's compliance with applicable law by requiring the evidence described by Subsection (c), a retailer, broker, or salesperson who sells or exchanges a new or used manufactured home to a consumer for use as a permanent dwelling in this state may not: (1) deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency; (2) install or arrange for the installation of the home at a homesite in that area; or. (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. Acts 2007, 80th Leg., R.S., Ch. 6, eff. Acts 2017, 85th Leg., R.S., Ch. (f) A person whose license has been expired for one year or more may not renew the license. INFORMATION ON OWNERSHIP AND TAX LIEN. June 18, 2003. // LiaJavaInput A family relationship required by this subsection may be a relationship established by adoption. Amended by Acts 2003, 78th Leg., ch. (c) After a change described by Subsection (a), the licensee shall provide to the department a proper endorsement to the original bond showing that the bond continues to apply to the license without interruption. 1201.2076. September 1, 2017. texas department of housing and community affairs: chapter 80: manufactured housing: subchapters. (b) The provisions of the Business & Commerce Code relating to the storage of goods for hire apply to a licensed retailer acting as a warehouse. (2) damages for pain and suffering, mental anguish, emotional distress, or other analogous tort claims. 24, eff. 408 (H.B. 2019), Sec. 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. (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.
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