36, eff. Click here to access an Open Records Request form. September 1, 2017. 2238), Sec. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. Amended by Acts 2003, 78th Leg., ch. Manufactured Housing. 1460), Sec. Sec. 1201.355. (B) the approximate square footage of the home when installed for occupancy; (4) the identification number for each section or module of the home; (5) the physical address where the home is installed for occupancy, including the name of the county, and, if it is different from the physical address, the mailing address of the owner of the home; (6) in chronological order of recordation, the date of each lien, other than a tax lien, on the home and the name and address of each lienholder, or, if a lien is not recorded, a statement of that fact; (7) a statement regarding tax liens as follows: "On January 1st of each year, a new tax lien comes into existence on a manufactured home in favor of each taxing unit having jurisdiction where the home is actually located on January 1st. 408 (H.B. 3.05, eff. Acts 2007, 80th Leg., R.S., Ch. (h) The department shall remove from a manufactured home's statement of ownership a reference to any tax lien delinquent more than four years for which no suit has been timely filed in accordance with Section 33.05(a)(1), Tax Code, if: (1) a tax collector confirms no suit has been filed; or, (A) has submitted to a tax collector two requests under Subsection (g) sent not fewer than 15 days apart; and. (d-1) When applying for a statement of ownership under this section, the real property owner shall include with the application an affidavit stating that: (1) the person owns the real property where the manufactured home is located; and. Acts 2017, 85th Leg., R.S., Ch. The person's provisional status remains in effect until a sufficient number of installations completed by the person have been inspected by the department and found not to have any identified material violations of the department's rules. (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. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. 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. 1201.161. INSPECTIONS NOT LIMITED; CORRECTIONS. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. function dmim(msgStr) { 1201.305. (2) "Affiliate" means a person who is under common control. 2438), Sec. (d) If the approval of a continuing education program expires between regularly scheduled board meetings, the director may, on receipt of the required renewal application, fee, and necessary documentation of education material, approve the continued administration of the program until the next board meeting. September 1, 2017. Added by Acts 2001, 77th Leg., ch. 408 (H.B. Sec. The suspension shall continue until the person has complied with the cease and desist order or paid the administrative penalty. 1460), Sec. 46 (H.B. Sec. No part of the down payment on the purchase of the manufactured home or any fees, points, or other charges or "buy-downs" may be paid from money from the seller of the real property or a person acting on the seller's behalf. 1201.602. However, in the State of Texas, the certificate of title was replaced by the Statement of Ownership and Location (SOL). (c) No test shall be given in relation to any continuing education program. September 1, 2009. Added by Acts 2013, 83rd Leg., R.S., Ch. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. The Mobile Homes program is responsible for initial and renewal licensure for mobile home parks and dealers and determining eligibility of park licensing through the annual inspection process. (e) The fee described by Subsection (a)(2) does not apply if an inspection agency authorized by the United States Department of Housing and Urban Development, other than the department, acts as the in-plant inspection agency. (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. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; (b) A retailer may not sell or exchange, or offer to sell or exchange, a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. 13, eff. June 18, 2005. Acts 2017, 85th Leg., R.S., Ch. 48, eff. (j) If it appears that a person is in violation of, or is threatening to violate, any provision of this chapter or a rule or order related to the administration and enforcement of the manufactured housing program, the attorney general, on behalf of the director, may institute an action for injunctive relief to restrain the person from continuing the violation and for civil penalties not to exceed $1,000 for each violation and not exceeding $250,000 in the aggregate. January 1, 2008. When a property owner submits an application for a Statement of Ownership (title) to the Texas Department of Housing and Community Affairs (TDHCA), that office may request that the applicant also submit proof of property tax payment. Obtain a expertly-drafted, state-specific template within minutes. 1276, Sec. 2019), Sec. 4 (S.B. 2019), Sec. Beginning September 1, 2003, a certificate of attachment is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by Section 1201.214. 46 (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. (a) A person is eligible to sign a right of survivorship agreement under this subchapter if the person: (1) is married and the spouse of the signing person is the only other party to the agreement; (2) is unmarried and attests to that unmarried status by affidavit; or. (b) The notice must be delivered before the execution of a mutually binding sales agreement or retail installment sales contract. The TDHCA will review the initial Statement of Ownership application. 77 (H.B. (b) Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind and the deadlines for disclosures that are provided by Subsection (a) if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency. 46, Sec. 2, eff. June 18, 2005. 1345 (S.B. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. Sec. The use changes, as from residential to nonresidential and vice versa. June 18, 2005. 408 (H.B. Box 12489, Austin, Texas 78711. 1201.251. 1460), Sec. (26) "Salesperson" means a person who, as an employee or agent of a retailer or broker, sells or offers to sell manufactured housing to a consumer. 408 (H.B. 24, eff. VOIDABLE CONTRACT. (3)a sworn affidavit by the applicant stating that: (A)the applicant is the owner of the manufactured home; (B)the seller of the manufactured home did not provide the applicant with the applicable Section 5401 et seq. The department shall place on the application for the issuance of a statement of ownership the following legend in a clear and conspicuous manner: "THE FILING OF AN APPLICATION FOR THE ISSUANCE OF A STATEMENT OF OWNERSHIP LATER THAN SIXTY (60) DAYS AFTER THE DATE OF A SALE TO A CONSUMER FOR RESIDENTIAL USE MAY RESULT IN A FEE OF UP TO ONE HUNDRED DOLLARS ($100.00). Except as provided for by Subsection (b), the consumer may accept the offer not earlier than 24 hours after the delivery of the contract. 46 (H.B. 2019), Sec. 2019), Sec. All rights reserved. September 1, 2013.