reglab/statecodes huggingface dataset:
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 G. Inspections and Monitoring › Section 1201.305. Program Monitoring

Sec. 1201.305.  PROGRAM MONITORING.  The director may enter into a contract with the United States Department of Housing and Urban Development or its designee to monitor the programs of that department.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
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 H. Warranties › Section 1201.351. Manufacturer's Warranty

Sec. 1201.351.  MANUFACTURER'S WARRANTY.  (a)  The manufacturer of a new HUD-code manufactured home shall warrant, in a separate written document, that:
(1)  the home is constructed or assembled in accordance with all building codes, standards, requirements, and regulations prescribed by the United States Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.); and
(2)  the home and all appliances and equipment included in the home are free from defects in materials or workmanship except for cosmetic defects.
(b)  The manufacturer's warranty is in effect until at least the first anniversary of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of an already installed new home, whichever is later.
(c)  At the time the manufacturer delivers the home to the retailer, the manufacturer shall also deliver to the retailer:
(1)  the manufacturer's warranty;  and
(2)  the warranties given by the manufacturers of appliances or equipment installed in the home.
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. 40, eff. January 1, 2008.
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 H. Warranties › Section 1201.352. Retailer's Warranty on a New HUD-Code Manufactured Home

Sec. 1201.352.  RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME.  (a)  The retailer of a new HUD-code manufactured home shall warrant to the consumer in writing that:
(1)  installation of the home at the initial homesite was or will be, as applicable, completed in accordance with all department standards, rules, orders, and requirements; and
(2)  appliances and equipment included with the sale of the home and installed by the retailer are or will be:
(A)  installed in accordance with the instructions or specifications of the manufacturers of the appliances or equipment; and
(B)  free from defects in materials or workmanship.
The warranty may expressly disclaim or limit any warranty regarding cosmetic defects.
(b)  The retailer's warranty on a new HUD-code manufactured home is in effect until the first anniversary of the later of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of the home.
(c)  Before the signing of a binding retail installment sales contract or other binding purchase agreement on a new HUD-code manufactured home, the retailer must give the consumer a copy of:
(1)  the manufacturer's warranty;
(2)  the retailer's warranty;
(3)  the warranties given by the manufacturers of appliances or equipment included with the home; and
(4)  the name and address of the manufacturer or retailer to whom the consumer is to give notice of a warranty service request.
(d)  Not later than the 30th day after the installation of a new HUD-code manufactured home, the retailer shall deliver to the consumer a copy of the warranty given by the licensed installer.
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. 20, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 41, eff. January 1, 2008.
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 H. Warranties › Section 1201.353. Notice of Need for Warranty Service

Sec. 1201.353.  NOTICE OF NEED FOR WARRANTY SERVICE.  (a)  The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs.
(b)  Written notice to the department is deemed to be notice to the manufacturer, retailer, or installer commencing three business days after receipt and forwarding of the notice by the department to the licensee by regular mail or electronic mail of a scanned copy of the notice.
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. 41, eff. January 1, 2008.
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 H. Warranties › Section 1201.354. Corrective Action Required

Sec. 1201.354.  CORRECTIVE ACTION REQUIRED.  The manufacturer, retailer, or installer, as applicable, shall take appropriate corrective action within a reasonable period as required by department rules to fulfill the written warranty obligation.
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. 41, eff. January 1, 2008.
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 H. Warranties › Section 1201.355. Consumer Complaint Home Inspection

Sec. 1201.355.  CONSUMER COMPLAINT HOME INSPECTION.  (a)  If the manufacturer, retailer, or installer does not provide the consumer with proper warranty service, the consumer may, at any time, request the department to perform a consumer complaint home inspection.  The department may not charge a fee for the inspection.
(b)  On payment of the required inspection fee, the manufacturer, retailer, or installer may request the department to perform a consumer complaint home inspection if the manufacturer, retailer, or installer:
(1)  believes the consumer's complaints are not covered by the warranty of the manufacturer, retailer, or installer, as applicable;
(2)  believes that the warranty service was properly provided; or
(3)  disputes responsibility concerning the warranty obligation.
(c)  The department shall perform a consumer complaint home inspection not later than the 30th day after the date of receipt of a request for the inspection.
(d)  Notwithstanding any other provision of this section, the department may make an inspection at any time if it believes that there is a reasonable possibility that a condition exists that would present an imminent threat to health or safety.
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. 41, eff. January 1, 2008.
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 H. Warranties › Section 1201.356. Report and Order; Amendment; Compliance

Sec. 1201.356.  REPORT AND ORDER;  AMENDMENT;  COMPLIANCE.  (a)  Not later than the 10th day after the date of a consumer complaint home inspection, the department shall send a written report and any order to the consumer, manufacturer, retailer, and installer by certified mail, return receipt requested.
(b)  The report shall specify:
(1)  each of the consumer's complaints; and
(2)  whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties.
(c)  The director shall issue to the manufacturer, retailer, or installer an appropriate order for corrective action by the manufacturer, retailer, or installer specifying a reasonable period for completion of the corrective action.  With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation.  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.  If the installer fails to perform the corrective action, the installer shall be subject to the provisions of Section 1201.357.  In that instance, the director shall issue the same order for corrective action to the retailer with a new time frame not to exceed 10 days unless additional time is needed for compliance upon a showing of good cause.  If the retailer is compelled to perform corrective action because of the failure of the installer to comply with the director's order, the retailer may seek reimbursement from the installer.  The period for the performance of any required warranty work may be shortened by the director as much as is feasible if the warranty work is believed necessary to address a possible imminent threat to health or safety.
(d)  The department may issue an amended report and order if all parties receive notice of and are given an opportunity to respond to that report and order.  The amended report and order supersede the initial report and order.
(e)  The manufacturer, retailer, or installer shall comply with the report and order of the director.
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. 42, eff. January 1, 2008.
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 H. Warranties › Section 1201.357. Failure to Provide Warranty Service

Sec. 1201.357.  FAILURE TO PROVIDE WARRANTY SERVICE.  (a)  If the manufacturer, retailer, or installer, as applicable, fails to provide warranty service within a period specified by the director, the manufacturer, retailer, or installer must show good cause in writing as to why the manufacturer, retailer, or installer failed to provide the service.
(b)  If the manufacturer, retailer, or installer, as applicable, fails or refuses to provide warranty service in accordance with the department order under Section 1201.356, the director may hold an informal meeting at which the manufacturer, retailer, or installer must show cause as to why the manufacturer's, retailer's, or installer's license should not be suspended or revoked and at which the consumer may express the person's views.  Following the meeting, the director shall either resolve the matter by agreed order, dismiss the matter if no violation is found to have occurred, or institute an administrative action, which may include license suspension or revocation, the assessment of administrative penalties, or a combination of such actions.
(b-1)  As authorized by Section 1201.6041, the director may order a manufacturer, retailer, or installer, as applicable, to pay a refund directly to a consumer as part of an agreed order described by Subsection (b) instead of or in addition to instituting an administrative action under this chapter.
(c)  If the manufacturer, retailer, or installer is unable to provide warranty service in accordance with the department order under Section 1201.356 as a result of an action of the consumer, the manufacturer, retailer, or installer must make that allegation in the written statement required by Subsection (a).  The department shall investigate the allegation, and if the department determines that the allegation is credible, the department shall issue a new order specifying the date and time of the proposed corrective action.  The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested.  If the consumer refuses to comply with the department's new order, the manufacturer, retailer, or installer, as applicable:
(1)  is discharged from the obligations imposed by the relevant department orders;
(2)  has no liability to the consumer with regard to that warranty; and
(3)  is not subject to an action by the department for failure to provide warranty service.
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. 21, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 43, eff. January 1, 2008.
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.13, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 731 (H.B. 2706), Sec. 5, eff. September 1, 2023.
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 H. Warranties › Section 1201.358. Failure to Show Good Cause; Hearing Results

Sec. 1201.358.  FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS.  (a)  Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer's, retailer's, or installer's license.
(b)  If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties.
(c)  The director may issue an order:
(1)  directing a manufacturer, retailer, or installer whose license is not revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) and who is not out of business to perform the warranty obligation of a manufacturer, retailer, or installer whose license is revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) or who is out of business; and
(2)  giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party.
(d)  A manufacturer, retailer, or installer entitled to indemnification under this section is a consumer for purposes of Subchapter I and may recover actual damages from the manufactured homeowner consumer claims program.
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. 43, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 77 (H.B. 2238), Sec. 13, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 49, eff. September 1, 2017.
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 H. Warranties › Section 1201.359. Application of Warranties if HUD-Code Manufactured Home Moved

Sec. 1201.359.  APPLICATION OF WARRANTIES IF HUD-CODE MANUFACTURED HOME MOVED.  (a)  The manufacturer's and retailer's warranties do not apply to any defect or damage caused by moving a new HUD-code manufactured home from the initial installation site.
(b)  Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale.
(c)  The warrantor has the burden of proof to show that the defect or damage is caused by the move.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
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 H. Warranties › Section 1201.360. Warranty for HUD-Code Manufactured Home Permanently Attached to Real Property

Sec. 1201.360.  WARRANTY FOR HUD-CODE MANUFACTURED HOME PERMANENTLY ATTACHED TO REAL PROPERTY.  (a)  The seller of real property to which a new HUD-code manufactured home is permanently attached may give the initial purchaser a written warranty that combines the manufacturer's warranty and the retailer's warranty required by this subchapter if:
(1)  the statement of ownership reflects that the owner has elected to treat the home as real property;
(2)  the home is actually located where the statement of ownership reflects that it is located; and
(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.
(b)  If a combination warranty is given under this section, the manufacturer and retailer are not required to give separate written warranties, but the manufacturer and retailer are jointly liable with the seller of the real property to the purchaser for the performance of their respective warranty obligations.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 30, eff. June 18, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 50, eff. September 1, 2017.
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 H. Warranties › Section 1201.361. Installer's Warranty

Sec. 1201.361.  INSTALLER'S WARRANTY.  (a)  For all installations, the installer shall give the manufactured home owner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements.  The warranty for the installation of a new HUD-code manufactured home is to be given by the retailer, who is responsible for installation.  If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty.
(b)  The warranty must conspicuously disclose the requirement that the consumer notify the installer of any claim in writing in accordance with the terms of the warranty.  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.
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. 22, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 44, eff. January 1, 2008.
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 H. Warranties › Section 1201.362. Inspections Not Limited; Corrections

Sec. 1201.362.  INSPECTIONS NOT LIMITED; CORRECTIONS.  (a)  Nothing in this chapter shall limit the ability of the department to inspect a manufactured home at any time.
(b)  Notwithstanding the limitations and terms of any warranty, the director may, whenever the department identifies any aspect of an installation that does not conform to applicable requirements, order the licensee who performed the installation to correct it, or, if that licensee is no longer licensed, reassign correction to a licensed installer and reimburse the person from the fund for the costs of correction.
Added by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 45, eff. January 1, 2008.
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 I. Manufactured Homeowner Consumer Claims Program › Section 1201.401. Manufactured Homeowner Consumer Claims Program

Sec. 1201.401.  MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM.  (a)  The department shall administer the manufactured homeowner consumer claims program to provide a remedy for damages resulting from prohibited conduct by a person licensed under this chapter.
(b)  The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded.
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. 52, eff. September 1, 2017.
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 I. Manufactured Homeowner Consumer Claims Program › Section 1201.404. Consumer Compensation

Sec. 1201.404.  CONSUMER COMPENSATION.  (a)  Except as otherwise provided by Subchapter C, a payment made under the manufactured homeowner consumer claims program shall be paid directly to a consumer or, at the director's option, to a third party on behalf of a consumer to compensate a consumer who sustains actual damages resulting from an unsatisfied claim against a licensed manufacturer, retailer, broker, or installer if the unsatisfied claim results from a violation of:
(1)  this chapter;
(2)  a rule adopted by the director;
(3)  the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.);
(4)  a rule or regulation of the United States Department of Housing and Urban Development; or
(5)  Subchapter E, Chapter 17, Business & Commerce Code.
(b)  The department is not liable to the consumer if the manufactured homeowner consumer claims program does not have the money necessary to pay the actual damages determined to be payable.  The director shall record the date and time of receipt of each verified complaint and, as money becomes available, pay the consumer whose claim is the earliest by date and time to have been found to be verified and properly payable.
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. 47, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 77 (H.B. 2238), Sec. 14, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 53, eff. September 1, 2017.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 K. Prohibited Practices › Section 1201.506. Credit

Sec. 1201.506.  CREDIT.  (a)  A retailer or broker:
(1)  shall comply with Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. Section 1601 et seq.);
(2)  may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and
(3)  shall comply with all applicable provisions of the Finance Code.
(b)  A violation of this section does not create a cause of action or claim for damages for a consumer.  The consumer may not recover more than the penalties provided by Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. Section 1601 et seq.).
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. 59, eff. January 1, 2008.