reglab/housing_qa huggingface dataset:
TX Occ Code § 1201.406 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter I. Manufactured Homeowner Consumer Claims Program|Section 1201.406. Procedure for Recovery Under Manufactured Homeowner Consumer Claims Program

Sec. 1201.406.  PROCEDURE FOR RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM.  (a)  To recover under the manufactured homeowner consumer claims program, a consumer must file a written, sworn complaint in the form required by the director not later than the second anniversary of:(1)  the date of the alleged act or omission causing the actual damages; or(2)  the date the act or omission is discovered or should reasonably have been discovered.(b)  On receipt of a verified complaint, the department shall:(1)  notify each appropriate license holder and the issuer of any surety bond issued in connection with their licenses; and(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.(c)  If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 49, eff. January 1, 2008.Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 55, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 56, eff. September 1, 2017.|
TX Occ Code § 1201.407 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter I. Manufactured Homeowner Consumer Claims Program|Section 1201.407. Disagreement of Parties; Informal Dispute Resolution Process

Sec. 1201.407.  DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS.  (a)  If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the dispute.(b)  For a preliminary determination that has been disputed to become final and valid, the department shall make any changes the director determines to be appropriate and issue another written preliminary determination as to the responsibility and liability of the manufacturer, retailer, broker, and installer.(c)  Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination.(d)  After consideration of the comments, if any, the director shall issue a final determination.(e)  The final determination may be appealed to the board on or before the 10th day after the date of its issuance by giving written notice to the director, who shall place the matter before the board at the next meeting held on a date for which the matter could be publicly posted as required by Chapter 551, Government Code.(f)  Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 49, eff. January 1, 2008.|
TX Occ Code § 1201.409 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter I. Manufactured Homeowner Consumer Claims Program|Section 1201.409. Payment by Surety or From Other Security

Sec. 1201.409.  PAYMENT BY SURETY OR FROM OTHER SECURITY.  (a)  Except as otherwise provided by Subchapter C, the manufactured homeowner consumer claims program shall be reimbursed by the surety on a bond or from other security filed under Subchapter C for the amount of a claim that  is paid out under the manufactured homeowner consumer claims program by the director to a consumer in accordance with this subchapter.(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.(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.  Venue for the suit is in Travis County.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 50, eff. January 1, 2008.Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 57, eff. September 1, 2017.|
TX Occ Code § 1201.410 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter I. Manufactured Homeowner Consumer Claims Program|Section 1201.410. Information on Recovery Under Manufactured Homeowner Consumer Claims Program

Sec. 1201.410.  INFORMATION ON RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM.  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.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 51, eff. January 1, 2008.Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 58, eff. September 1, 2017.|
TX Occ Code § 1201.451 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter J. Used or Salvaged Manufactured Homes|Section 1201.451. Transfer of Good and Marketable Title Required

Sec. 1201.451.  TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED.  (a)  Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home without the appropriate transfer of good and marketable title to the home.(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.  If the seller or transferor fails to forward the documents on a timely basis, the purchaser or transferee may apply directly for the documents.  On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 31, eff. June 18, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 24, eff. June 18, 2005.Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 52, eff. January 1, 2008.Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 59, eff. September 1, 2017.|
TX Occ Code § 1201.452 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter J. Used or Salvaged Manufactured Homes|Section 1201.452. Seal or Label Required

Sec. 1201.452.  SEAL OR LABEL REQUIRED.  (a)  Except as otherwise provided by this subchapter, a person may not sell or exchange or negotiate for the sale or exchange of a used manufactured home to a consumer unless the appropriate seal or label is attached to the home.(b)  If the home does not have the appropriate seal or label, the person must:(1)  apply to the department for a seal; and(2)  pay the fee.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 25, eff. June 18, 2005.Acts 2011, 82nd Leg., R.S., Ch. 46 (H.B. 1510), Sec. 7, eff. September 1, 2011.Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 60, eff. September 1, 2017.|
TX Occ Code § 1201.453 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter J. Used or Salvaged Manufactured Homes|Section 1201.453. Habitability

Sec. 1201.453.  HABITABILITY.  Manufactured housing is habitable only if:(1)  there is no defect or deterioration in or damage to the home that creates a dangerous situation;(2)  the plumbing, heating, and electrical systems are in safe working order;(3)  the walls, floor, and roof are:(A)  free from a substantial opening that was not designed; and(B)  structurally sound; and(4)  all exterior doors and windows are in place and operate properly.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 53, eff. January 1, 2008.|
TX Occ Code § 1201.454 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter J. Used or Salvaged Manufactured Homes|Section 1201.454. Habitability: Prohibited Alteration or Replacement

Sec. 1201.454.  HABITABILITY:  PROHIBITED ALTERATION OR REPLACEMENT.  A manufacturer, retailer, broker, installer, or lienholder may not repair or otherwise alter a used manufactured home or replace a component or system of a used manufactured home in a way that makes the home not habitable.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1201.455 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter J. Used or Salvaged Manufactured Homes|Section 1201.455. Written Disclosure and Warranty of Habitability Required

Sec. 1201.455.  WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED.  (a)  Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing:(1)  a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and(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)  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.  The warranty must conspicuously disclose that notice requirement to the consumer.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 26, eff. June 18, 2005.Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 61, eff. September 1, 2017.|
TX Occ Code § 1201.456 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter J. Used or Salvaged Manufactured Homes|Section 1201.456. Habitability: Exception to Warranty Requirement

Sec. 1201.456.  HABITABILITY:  EXCEPTION TO WARRANTY REQUIREMENT.  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.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 62, eff. September 1, 2017.|
TX Occ Code § 1201.457 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter J. Used or Salvaged Manufactured Homes|Section 1201.457. Habitability: Change to or From Nonresidential Use or Salvage

Sec. 1201.457.  HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE.  (a)  If the sale or exchange of a used manufactured home is to a purchaser for the purchaser's business use, the home is not required to be habitable unless the purchaser discloses to the retailer in writing at the time of purchase that the purchaser intends for a person to be present in the home for regularly scheduled work shifts of not less than eight hours each day.  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 reserved for a business use.(a-1)  If the sale or exchange of a used manufactured home is for the purchaser's nonresidential use other than a business use, the home is not required to be habitable.  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.(b)  If a used manufactured home is reserved for a business use or another nonresidential use or is salvaged, a person may not knowingly allow any person to occupy or use the home as a dwelling unless the director issues a new statement of ownership indicating that the home is no longer reserved for that use or is no longer salvaged.  On the purchaser's application to the department for issuance of a new statement of ownership, the department shall inspect the home and, if the department determines that the home is habitable, issue a new statement of ownership.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 32, eff. June 18, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 28, eff. June 18, 2005.Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 54, eff. January 1, 2008.Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 63, eff. September 1, 2017.|
TX Occ Code § 1201.458 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter J. Used or Salvaged Manufactured Homes|Section 1201.458. Habitability: Exception for Certain Governmental or Nonprofit Entities

Sec. 1201.458.  HABITABILITY:  EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES.  (a)  Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization to a licensed retailer to sell or exchange a used manufactured home that is not or may not be habitable to or with a governmental housing agency or authority or to a nonprofit organization that provides housing for the homeless.(b)  As a part of the application, the purchaser or transferee must certify to the receipt of a written notice that the home is not or may not be habitable.  The consumer protection division of the attorney general's office shall prepare the form of the notice, which must be approved by the director.(c)  The purchaser or transferee may not occupy or allow occupation of the home as a dwelling until the completion of any repair necessary to make the home habitable.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1201.459 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter J. Used or Salvaged Manufactured Homes|Section 1201.459. Compliance Not Required for Sale for Collection of Delinquent Taxes

Sec. 1201.459.  COMPLIANCE NOT REQUIRED FOR SALE FOR COLLECTION OF DELINQUENT TAXES.  (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.(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.(c)  A seal issued to a tax appraiser or tax assessor-collector is for identification purposes only and does not imply that:(1)  the home is habitable; or(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.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 33, eff. June 18, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 55, eff. January 1, 2008.Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 64, eff. September 1, 2017.|
TX Occ Code § 1201.460 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter J. Used or Salvaged Manufactured Homes|Section 1201.460. Compliance Not Required for Lienholder

Sec. 1201.460.  COMPLIANCE NOT REQUIRED FOR LIENHOLDER.  (a)  A holder of a lien recorded on the statement of ownership of a manufactured home that has not been converted to real property who sells or exchanges a repossessed manufactured home covered by that statement of ownership is not required to comply with this chapter if the sale or exchange is:(1)  to or through a licensed retailer; or(2)  to a purchaser for the purchaser's business use or another nonresidential use.(b)  If the sale or exchange of the repossessed manufactured home is to or through a licensed retailer, the retailer is responsible and liable for compliance with this chapter and department rules.  The lienholder may not be joined as a party in any litigation relating to the sale or exchange of the home.(c)  If the sale or exchange of the repossessed manufactured home is to a purchaser for the purchaser's business use or another nonresidential use, the lienholder shall apply to the department for the issuance of a new statement of ownership indicating that the home is reserved for a business use or another nonresidential use.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 34, eff. June 18, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 65, eff. September 1, 2017.|
TX Occ Code § 1201.501 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.501. Prohibited Construction by Manufacturer

Sec. 1201.501.  PROHIBITED CONSTRUCTION BY MANUFACTURER.  A manufacturer may not construct a HUD-code manufactured home in this state for sale or resale unless the manufacturer:(1)  supplies the department with proof of acceptance by a design approval primary inspection agency authorized by the United States Department of Housing and Urban Development;(2)  purchases the required labels;  and(3)  has the home inspected by an in-plant inspection agency authorized by the United States Department of Housing and Urban Development.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1201.502 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.502. Prohibited Shipping by Manufacturer

Sec. 1201.502.  PROHIBITED SHIPPING BY MANUFACTURER.  A manufacturer may not ship a HUD-code manufactured home into this state for sale or resale unless the manufacturer complies with:(1)  all requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.);  and(2)  all standards, rules, and regulations of the United States Department of Housing and Urban Development.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1201.503 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.503. Prohibited Alteration

Sec. 1201.503.  PROHIBITED ALTERATION.  Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a manufacturer, retailer, broker, or installer may not alter the home or cause the home to be altered without obtaining prior written approval from a licensed engineer and providing evidence of such approval to the department.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 58, eff. January 1, 2008.|
TX Occ Code § 1201.504 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.504. Prohibited Sale or Exchange

Sec. 1201.504.  PROHIBITED SALE OR EXCHANGE.  (a)  A manufacturer may not sell or exchange, or offer to sell or exchange, a manufactured home to a person in this state who is not a licensed retailer.(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.(c)  A retailer, broker, or salesperson may not sell or exchange, or offer to sell or exchange, a manufactured home to a consumer in this state for use as a dwelling unless the appropriate seal or label is attached to the home.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 67, eff. September 1, 2017.|
TX Occ Code § 1201.505 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.505. Prohibited Purchase

Sec. 1201.505.  PROHIBITED PURCHASE.  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.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|