They also found a . 2019), 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. document.returnValue = true; 10, eff. 408 (H.B. and. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; } Acts 2017, 85th Leg., R.S., Ch. However, if you do buy a mobile home without a title, the seller will need to complete the Application for SOL form and pay the $55 issuance fee after the sale within 60 days. (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. June 1, 2003. (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. 408 (H.B. HEARING ON STANDARD OR REQUIREMENT. SEAL OR LABEL REQUIRED. Acts 2017, 85th Leg., R.S., Ch. (a) Notwithstanding any other provision of this chapter, a state or national bank, state or federal savings and loan association, federal savings bank, or state or federal credit union engaged in the business of selling or exchanging, or offering for sale or exchange, manufactured homes that the institution has acquired through repossession of collateral is not required to attend a course of instruction or file a bond or other security to be licensed as a retailer. 55, eff. 1284 (H.B. 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. Amended by Acts 2003, 78th Leg., ch. Today, the Statement of Ownership confirms the manufactured home's ownership and any liens. 1201.304. (b) A licensee shall notify the department of a change described by Subsection (a) not later than the 10th day before the date the change occurs. 1201.251. (b) A license application must be accompanied by: (1) proof of the security required by this subchapter; (2) payment of the fee required for issuance of the license; and. 2, eff. (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. (a)Except as provided by Subsection (a-1), for a manufactured home to qualify as 1201.1505. A salvaged manufactured home may be sold only to a licensed retailer. (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. (c) If payment to the manufactured homeowner consumer claims program of a claim is not made by the surety or from the other security in a timely manner, the attorney general shall file suit for recovery of the amount due the manufactured homeowner consumer claims program. The disclosure shall be in at least 12-point type and must address matters of concern relating to costs and obligations that may be associated with home ownership, matters to be considered in making financing decisions, related costs that may arise when purchasing a manufactured home, and such other matters as the board may deem appropriate to promote informed purchase, financing, and related decisions regarding the acquisition and ownership of a manufactured home. 1460), Sec. September 1, 2017. (3) a copy of the statement of ownership has been filed in the real property records for the county in which the home is located. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is for a nonresidential use other than a business use. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. If feasible, any action required under this chapter may be accomplished by electronic means. September 1, 2017. 15, eff. (g) If, after judicial review, the penalty is reduced or not assessed, the director shall remit to the person charged the appropriate amount, plus accrued interest if the penalty has been paid, or shall execute a release of the bond if a supersedeas bond has been posted. 2, eff. Sec. June 1, 2003. 14A.254(a), eff. Bush State Office Building. September 1, 2011. January 1, 2008. (b) A licensed retailer is not required to file a bond or other security to be licensed as a broker or installer. The surety is not liable for successive claims in excess of the face value of the bond, regardless of the number of years the bond remains in force. June 18, 2003; Acts 2003, 78th Leg., ch. A bond is not required of the director with respect to injunctive relief granted under this subsection. 863 (H.B. (B) sells or exchanges at least two manufactured homes to consumers in a 12-month period. (b)The land on which a manufactured home is located qualifies as a residence homestead (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. 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. Acts 2007, 80th Leg., R.S., Ch. 40, eff. 1201.003. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. 863 (H.B. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. 1201.2076. (a) A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety. Amended by Acts 2003, 78th Leg., ch. 1201.610. 2, eff. (e) In determining the amount of actual damages under this section, the director shall make an independent inquiry as to the damages actually incurred, unless the damages have been previously established through a contested trial. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. The information is kept online in a database for the state to keep track of all mobile homes regardless of their condition or age, mainly for tax purposes. 530 (S.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. (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. 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. Manufactured Home Property Tax Services. 1201.205. is listed on the tax rolls with the real property to which it is attached or listed Sec. 338, Sec. It is possible to sell a mobile home without a title, though you cannot legally transfer ownership without it. (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction. 1460), Sec. 3.05, eff. (a) Except as authorized under Section 1201.252, manufactured housing that is installed must be installed in compliance with the standards and rules adopted and orders issued by the department. Acts 2005, 79th Leg., Ch. 7, eff. September 1, 2017. 1460), Sec. (b) An installer may not install a used manufactured home at a location on a site that has evidence of ponding, runoff under heavy rains, or bare uncompacted soil unless the installer first obtains the owner's signature on a form promulgated by the board disclosing that such conditions may contribute to problems with the stabilization system for that manufactured home, including possible damage to that home, and the owner accepts that risk. Sec. 77 (H.B. "Standards code" means the Texas Manufactured Housing Standards Code. 863 (H.B. 2019), Sec. September 1, 2013. Manufactured Housing has moved! 408 (H.B. 2019), Sec. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 3, eff. Acts 2005, 79th Leg., Ch. Without limiting the generality of the foregoing, this includes engaging others to install, connect, or otherwise work on air conditioning, plumbing, and electrical systems. 1201.052. Whether or not the individual ceased further activity is up for debate. June 18, 2003. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS. 2019), Sec. (7) "Manufacturer's certificate" means a document that meets the requirements prescribed by Section 1201.204. (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. (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. (c) After the first retail sale of a manufactured home, the retailer must submit the original manufacturer's certificate for that home to the department. (c) Notwithstanding any other provision of this section or any other law, the filing of a lien security agreement on the inventory of a retailer does not prevent a buyer in the ordinary course of business, as defined by Section 1.201, Business & Commerce Code, from acquiring good and marketable title free of that lien, and the department may not consider that lien for the purpose of title issuance. 1, eff. 2438), Sec. June 18, 2003; Acts 2003, 78th Leg., ch. September 1, 2017. 863 (H.B. (f) A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license. Acts 2017, 85th Leg., R.S., Ch. 1079 (H.B. In order to be deemed complete, an application for a Statement of Ownership must include, as applicable: (1) A completed and fully executed Application for Statement of Ownership on the Department's prescribed current form (2) The required fee; (3) If the statement . Acts 2005, 79th Leg., Ch. 1201.6041. 1270 (H.B. (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. January 1, 2008. 12, eff. (d) A person may not sell, convey, or otherwise transfer to a consumer in this state a manufactured home that is salvaged. 1421, Sec. 1201.220. Acts 2005, 79th Leg., Ch. June 1, 2003. 1201.358. 1420), Sec. 863 (H.B. (2) a "warehouseman" under Chapter 24, Property Code. You will need to pay a $55 issuance fee for a new SOL. (c) The standards adopted under Subsection (a)(1) must ensure that manufactured housing installed on both permanent and nonpermanent foundation systems resists overturning and lateral movement, according to the design loads for the particular wind zone for which the housing was constructed.