1201.1521. June 18, 2003. Acts 2005, 79th Leg., Ch. CONTINUING EDUCATION PROGRAMS. document.returnValue = false; 1276, Sec. HABITABILITY. Sec. Added by Acts 2005, 79th Leg., Ch. Amended by Acts 2003, 78th Leg., ch. Sec. (d) A retailer who sells a manufactured home constructed on or after September 1, 1997, to Wind Zone I standards must, before the execution of a mutually binding sales agreement or retail installment sales contract, give the consumer notice that: (1) the home was not designed or constructed to withstand a hurricane force wind occurring in a Wind Zone II or III area; (2) installation of the home is not permitted in a Wind Zone II county in this state; and. The term includes the modification of a manufactured home in a manner that may affect the home's compliance with the appropriate standards but does not include: (A) the repair or replacement of a component or appliance that requires plug-in to an electrical receptacle, if the replaced item is of the same configuration and rating as the replacement; or. 77, Sec. (h) A licensee may not participate in the sale, exchange, or installation for use as a dwelling of a manufactured home that is salvage and that has not been repaired in accordance with this chapter and the department's rules. 1460), Sec. If required by law or otherwise necessary, the director may obtain an inspection search warrant. Sec. Sec. 2438), Sec. (c) The right of rescission described in Subsection (a) shall apply only to the sale transaction between the retailer and the consumer. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 3361), Sec. 338, Sec. 408 (H.B. (b) Payment by the surety or from the other security must be made not later than the 30th day after the date of notice from the director that a consumer claim has been paid. 56, eff. (3) the information and the cost required under Section 1201.1031. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. 1284 (H.B. 1201.115. 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. Texas Department Of Manufactured Housing Statement Of Ownership PROHIBITED DELIVERY OR INSTALLATION OF MANUFACTURED HOME. 1201.2071. 863 (H.B. 1201.460. 46, eff. 28, 51, eff. Added by Acts 2001, 77th Leg., ch. 53, eff. Sec. Louisiana [pronunciation 1] (French: La Louisiane (); Spanish: Luisiana) is a state in the Deep South and South Central regions of the United States.It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states.Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. 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. 6, eff. Acts 2017, 85th Leg., R.S., Ch. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. DISCLOSURE BY RETAILER AND LENDER. 15, eff. By contrast, about a third of site-built homeowners earn . (b) A licensed retailer is not required to file a bond or other security to be licensed as a broker or installer. (f) Judicial review of the order of the director assessing the penalty is subject to the substantial evidence rule and shall be instituted by filing a petition with a district court in Travis County. 1201.502. Sec. 77 (H.B. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. Buying Mobile Homes in Texas? Read This BEFORE You Buy! | Blog 863 (H.B. September 1, 2017. (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. You may check that division's records through its website or contact that division to learn any recorded tax liens. (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. USED OR SALVAGED MANUFACTURED HOMES. (b) If an unlicensed retailer, broker, or installer enters into a contract with a consumer concerning a manufactured home, the consumer may void the contract until the second anniversary of the date of purchase of the home. 1201.301. If the changes are not properly recorded with the Appraisal District, sellers may find themselves being sued for taxes incurred after they sold the home and buyers may be faced with unexpected tax bills for prior years omitted from the tax roll or that had invalid exemptions. The department remains subject to the other requirements of Subsection (a). 2019), Sec. (c) All fees established by this chapter or the rules are deemed to be earned and not subject to refund after receipt by the department. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. June 18, 2003. 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. Added by Acts 2005, 79th Leg., Ch. 1201.154. (f) This section does not apply if the person who owns the real property on which the manufactured home is located and who is declaring that the home is abandoned, or any person who is related to or affiliated with that person, has now, or has ever owned, an interest in the manufactured home. September 1, 2017. 3361), Sec. September 1, 2011. (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. Acts 2007, 80th Leg., R.S., Ch. COMPLIANCE NOT REQUIRED FOR SALE FOR COLLECTION OF DELINQUENT TAXES. (b) To ensure the availability of prompt and satisfactory warranty service, a manufacturer that does not have a licensed manufacturing plant or other facility in this state from which warranty service and repairs can be provided shall file a bond or other security in the additional amount of $100,000. (a) or the appraisal district determines the applicant's ownership under Subsection 2, eff. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED. 1201.353. January 1, 2008. 2019), Sec. The bond or other security is payable to the manufactured homeowner consumer claims program. Calling 800-500-7074. The TDHCA requires an inspection and lien search to prove there are no liens on the property. 77 (H.B. Added by Acts 2003, 78th Leg., ch. 2019), Sec. 3.11, eff. 13, eff. 1201.610. The fee for a single is $35, doublewide is $70, and triple wide is $105. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. September 1, 2017. Sept. 1, 2003. 863 (H.B. The term includes a bargain, sale, transfer, or delivery of a manufactured home for which the director has not previously issued a statement of ownership, with intent to pass an interest in the home, other than a lien. (b) Not later than the 60th day after the effective date of the transfer of ownership or the date the seller or transferor obtains possession of the necessary and properly executed documents, the seller or transferor shall forward to the purchaser or transferee the necessary, executed documents. The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection. 3361), Sec. Section 1026.23. 2019), Sec. FORMALDEHYDE HEALTH NOTICE. Sec. To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the home was actually located on January 1st of that year. January 1, 2008. 2438), Sec. (c)The owner of land that qualifies as a residence homestead under this section is 408 (H.B. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; September 1, 2017. 1201.351. Complete and attach the Inventory Schedule including the information for each sale during the . 863 (H.B. (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. 2019), Sec. 2019), Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. If a mobile home is replaced by a HUD-code manufactured home in the municipality, the municipality shall grant a permit for use of the manufactured home as a dwelling in the municipality. Acts 2005, 79th Leg., Ch. If for any reason the retailer does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. 338, Sec. June 1, 2003. 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. Homestead Exemption for Manufactured Home - last updated April 14, 2021 September 1, 2009. (B) the most economical and efficient means to address those problems and serve the public interest. 3, eff. (a) If the director refuses to issue or suspends or revokes a statement of ownership, the director shall give, by certified mail, written notice of that action to: (1) the seller and purchaser or transferor and transferee, as applicable; and. (a) At the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application for the issuance of a statement of ownership is properly completed. 85(3), eff. Acts 2013, 83rd Leg., R.S., Ch. MM/DD/YYYY. Sec. (16) Repealed by Acts 2017, 85th Leg., R.S., Ch. 65, eff. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. home; or. 1460), Sec. Sec. MANUFACTURED HOME ABANDONED. January 1, 2008. and. (1) contain the information required by the United States Department of Housing and Urban Development; and. 85(2), eff. 2019), Sec. 2019), Sec. (a) The legislature finds that: (1) there is a growing need to provide state residents with safe, affordable, and well-constructed housing; (2) manufactured housing has become a primary housing source for many state residents; (3) statutes and rules in effect before September 1, 1969, were inadequate to: (B) prevent certain discrimination in this state regarding manufactured housing; (A) protecting state residents who want to purchase manufactured housing by regulating the construction and installation of manufactured housing; (B) providing economic stability to manufactured housing manufacturers, retailers, installers, and brokers; and, (C) providing fair and effective consumer remedies; and. 77 (H.B. if (showMsg) { Acts 2007, 80th Leg., R.S., Ch. 1201.055. 408 (H.B. As long as the landlord is providing habitable housing, the tenant must pay rent. Acts 2009, 81st Leg., R.S., Ch. The department may not charge a fee for the inspection. Amended by Acts 2003, 78th Leg., ch. A temporary location for a bona fide trade show sponsored by a nonprofit corporation that qualifies for an exemption from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c) of that code does not require a bond. 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. September 1, 2017. (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. 1201.459. In such event the retailer shall immediately give the consumer all of the disclosures required by this code and sell the manufactured home without the required waiting periods or the right of rescission. 2019), Sec. 74.06, eff. Sec. 2.001. 408 (H.B. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person's warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation. 1460), Sec. January 1, 2008. 2238), Sec. If you are not receiving a separate bill, contact our office so that we may search for a tax account and instruct you on how to have the home added to the appraisal roll. Acts 2017, 85th Leg., R.S., Ch. 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. is listed on the tax rolls with the real property to which it is attached or listed 408 (H.B. September 1, 2017. June 1, 2003. January 1, 2008. Our office does not update manufactured home titles. January 1, 2008. Once perfected, the lien applies to the manufactured homes in the inventory as well as to any proceeds from the sale of those homes. (b) The department may issue a new statement of ownership in the name of the purchaser at a foreclosure sale: (1) for a lien or security interest foreclosed according to law by nonjudicial means, if the lienholder or secured party files an affidavit showing the nonjudicial foreclosure according to law; or. January 1, 2008. 1201.158. 16, eff. This subsection does not apply to: (2) an advertisement concerning real property on which there is a manufactured home that has been converted to real property in accordance with Section 1201.2055. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. Acts 2017, 85th Leg., R.S., Ch. Manufactured Housing - License View 8, 51, eff. Questions or comments, please call 1-800-500-7074. 408 (H.B. 10, eff. September 1, 2013. September 1, 2017. (1) the statement of ownership and location for the home issued under Section 1201.207, Occupations Code, reflects that the owner has elected to treat the home as real property . Next . (b) The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. 1201.004. 1510), Sec. For purposes of this subsection, "refurbish" means any general repairs, improvements, or aesthetic changes to a manufactured home that do not constitute the rebuilding of a salvaged manufactured home. Acts 2013, 83rd Leg., R.S., Ch. 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; 1201.117. (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. Manufactured homes that are declared as personal property are taxed separately from the land. Sec. (c) The renewal license expires on the second anniversary of the date the license was renewed. You can use a generic bill of sale form or create it by hand. 408 (H.B. 1135 (H.B. 2018-2023 TX MHD FORM 1023 Fill Online, Printable, Fillable, Blank Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (3) the department by rule shall require evidence that the holder or servicer requesting such after-the-fact completion of a real property election has complied with the requirements of this subsection. 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.
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