2023 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 B. Department Powers and Duties › Section 1201.055. Inspection, Review, and Related Fees

Sec. 1201.055.  INSPECTION, REVIEW, AND RELATED FEES.  (a)  With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. Section 5301 et seq.) and from the rules and regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.), the board shall establish fees as follows:
(1)  if the department acts as a design approval primary inspection agency, a schedule of fees for the review of HUD-code manufactured home blueprints and supporting information, to be paid by the manufacturer seeking approval of the blueprints and supporting information;
(2)  except as provided by Subsection (e), a fee for the inspection of each HUD-code manufactured home manufactured or assembled in this state, to be paid by the manufacturer of the home;
(3)  a fee for the inspection of an alteration made to the structure or plumbing, heating, or electrical system of a HUD-code manufactured home, to be charged on an hourly basis and to be paid by the person making the alteration;
(4)  a fee for the inspection of the rebuilding of a salvaged manufactured home, to be paid by the retailer;
(5)  a fee for the inspection of a used manufactured home to determine whether the home is habitable for the issuance of a new statement of ownership; and
(6)  a fee for the issuance of a seal for a used mobile or HUD-code manufactured home.
(b)  In addition to the fees imposed under Subsections (a)(2), (3), and (4), a manufacturer or a person making an alteration, as appropriate, shall be charged for the actual cost of travel of a department representative to and from:
(1)  the manufacturing facility, for an inspection described by Subsection (a)(2); or
(2)  the place of inspection, for an inspection described by Subsection (a)(3) or (4).
(c)  The board shall establish a fee for the inspection of the installation of a mobile or HUD-code manufactured home, to be paid by the installer of the home.
(c-1)  The department may permit the use of any device or procedure that has been reviewed and approved by a licensed engineer provided that such use or procedure complies with any instructions, conditions, or other requirements specified by that engineer.
(d)  The board shall charge a fee for a consumer complaint home inspection requested by a manufacturer or retailer under Section 1201.355(b), to be paid by the manufacturer or retailer.
(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.
(f)  The fee described by Subsection (c) must accompany notice to the department of the exact location of the mobile or HUD-code manufactured home.  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.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 2, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 5, eff. January 1, 2008.
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.04, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 4, eff. September 1, 2017.