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 B. Department Powers and Duties › Section 1201.057. Instruction Fee

Sec. 1201.057.  INSTRUCTION FEE.  The board shall charge a fee to each person attending a course of instruction described by Section 1201.104.
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 B. Department Powers and Duties › Section 1201.058. Amount of Fees

Sec. 1201.058.  AMOUNT OF FEES.  (a)  The board shall establish reasonable fees for all matters under this chapter providing for fees.  If the department's rules provide an option to file a document electronically, the department may charge a discounted fee for the electronic filing.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(2), eff. September 1, 2017.
(c)  All fees established by this chapter or the rules are deemed to be earned and not subject to refund after receipt by the department.
(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.
(e)  If the governor by executive order or proclamation declares a state of disaster under Chapter 418, Government Code, the director, in accordance with rules adopted by the board, may waive the imposition of any fee under this chapter in the affected area.
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. 6, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 77 (H.B. 2238), Sec. 2, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(2), 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 B. Department Powers and Duties › Section 1201.060. Venue for Hearing

Sec. 1201.060.  VENUE FOR HEARING.  A hearing under this chapter shall be held in Travis County unless all parties agree to another location.
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 B. Department Powers and Duties › Section 1201.061. Cooperation With Local Governmental Units

Sec. 1201.061.  COOPERATION WITH LOCAL GOVERNMENTAL UNITS.  The department shall cooperate with all local governmental units in this state.
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 B. Department Powers and Duties › Section 1201.062. Seal Property of Department

Sec. 1201.062.  SEAL PROPERTY OF DEPARTMENT.  A seal is the property of the 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 C. Licensing › Section 1201.101. License Required

Sec. 1201.101.  LICENSE REQUIRED.  (a)  A person may not construct or assemble in this state or ship into this state a new HUD-code manufactured home unless the person holds, at the time the home is constructed or assembled, a manufacturer's license.
(b)  Except as otherwise provided by this chapter, a person may not sell or exchange, or offer to sell or exchange, two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a retailer's license.
(c)  A person may not offer to negotiate or negotiate for others a bargain or contract for the sale or exchange of two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a broker's license.
(d)  A person may not act as an installer in this state unless the person holds an installer's license.
(e)  A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license.
(f)  A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license.  A retailer or broker may not employ or otherwise use the services of a salesperson who is not licensed.  A licensed salesperson may not participate in a sale of a manufactured home unless the sale is through the retailer or broker who sponsored the salesperson's application as required by Section 1201.103(d).
(f-1)  A retailer may not be licensed to operate more than one location under a single license.
(g)  A person may not make an announcement concerning the sale or exchange of, or offer to sell or exchange, a manufactured home to a consumer in this state through an advertisement unless the person holds a manufacturer's, retailer's, or broker's license.  This subsection does not apply to:
(1)  a person exempt from licensing; or
(2)  an advertisement concerning real property on which there is a manufactured home that has been converted to real property in accordance with Section 1201.2055.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 4, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 1, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 7, eff. January 1, 2008.
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.06, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 5, 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 C. Licensing › Section 1201.102. Exceptions to License Requirement

Sec. 1201.102.  EXCEPTIONS TO LICENSE REQUIREMENT.  (a)  A licensed installer may employ unlicensed persons to assist in performing installation functions provided that the licensed installer maintains a list of the persons so employed.  The director may issue an order to prohibit a person who is not licensed as an installer from performing installation functions under the oversight of a licensed installer.
(b)  A licensee may engage another person who is not licensed under this chapter but possesses another license issued by the State of Texas to provide goods and services subject to that other license.  Without limiting the generality of the foregoing, this includes engaging others to install, connect, or otherwise work on air conditioning, plumbing, and electrical systems.
(c)  An individual who holds a retailer's license or broker's license or who is a related person of such a licensee is not required to apply for a salesperson's license.
(c-1)  An individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of an entity that is licensed as a retailer or broker may act on behalf of that license holder in the capacity of a retailer, broker, or salesperson without holding the appropriate license if at least one individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of the entity has satisfied the requirements of Sections 1201.104 and 1201.113.
(d)  A person who holds a real estate broker's or salesperson's license under Chapter 1101 may act as a broker or salesperson under this chapter without holding a license or filing a bond or other security as required by this chapter if negotiations for the sale or exchange of a manufactured home are conducted for a consumer for whom the person is also acting as a real estate broker or salesperson under Chapter 1101 consistent with Section 1201.007.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.252(a), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 8, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 6, 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 C. Licensing › Section 1201.1025. Exemption From Retailer's License Requirement

Sec. 1201.1025.  EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT.  (a)  Notwithstanding any other law, in any 12-month period a person is exempt from holding a retailer's license as required by Section 1201.101(b) if during that period the person sells or offers to sell not more than three manufactured homes.
(a-1)  A person is exempt from holding a retailer's license as required by Section 1201.101(b) if all manufactured homes sold or offered for sale by the person are:
(1)  located in a manufactured home community, as defined by Section 94.001, Property Code; and
(2)  sold or offered for sale to the same purchaser in connection with a sale of the real property of the community.
(b)  The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section.
(c)  A person who is eligible for an exemption under this section remains subject to the other applicable provisions of this subchapter and department rules regarding the sale or transfer of manufactured homes.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1270 (H.B. 944), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 731 (H.B. 2706), Sec. 1, 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 C. Licensing › Section 1201.103. License Application

Sec. 1201.103.  LICENSE APPLICATION.  (a)  An applicant for a license as a manufacturer, retailer, broker, or installer must file with the director a license application containing:
(1)  the legal name, address, and telephone number of the applicant and each person who will be a related person at the time the requested license is issued;
(2)  all trade names, and the names of all other business organizations, under which the applicant does business subject to this chapter, the name of each such business organization registered with the secretary of state, and the address of such business organization;
(3)  the dates on which the applicant became the owner and operator of the business; and
(4)  the location to which the license will apply.
(a-1)  All required records of a licensee under Subsection (a) are to be maintained at the licensee's principal office or such other location within this state as the licensee may designate.
(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
(3)  the information and the cost required under Section 1201.1031.
(c)  If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information.
(d)  An applicant for a salesperson's license must:
(1)  file with the director an application that provides any information the director considers necessary and that is sponsored by a currently licensed retailer or broker; and
(2)  pay the required 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. 2, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 9, eff. January 1, 2008.
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.07, eff. September 1, 2013.
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 C. Licensing › Section 1201.1031. Criminal History Record Information Requirement for License

Sec. 1201.1031.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE.  (a)  The department shall require that an applicant for a license or renewal of an unexpired license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.  The applicant is required to submit a set of fingerprints only once under this section unless a replacement set is otherwise needed to complete the criminal history check required by this section.
(b)  The department shall refuse to issue a license to or renew the license of a person who does not comply with the requirement of Subsection (a).
(c)  The department shall conduct a criminal history check of each applicant for a license or renewal of a license using information:
(1)  provided by the individual under this section; and
(2)  made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section.
(e)  The applicant shall pay the cost of a criminal history check under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.08, eff. September 1, 2013.
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 C. Licensing › Section 1201.105. Security Required

Sec. 1201.105.  SECURITY REQUIRED.  (a)  The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter.  The bond or other security is payable to the manufactured homeowner consumer claims program.
(b)  If a bond is filed, the bond must be issued by a company authorized to do business in this state and must conform to applicable provisions of the Insurance Code.  If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state.
(c)  If the department experiences significant problems in obtaining timely reimbursements from a surety or the surety has experienced a deterioration in its financial condition, the board may direct the director to stop accepting bonds issued by the surety.
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. 10, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 8, 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 C. Licensing › Section 1201.106. Security: Amount

Sec. 1201.106.  SECURITY:  AMOUNT.
(a)  An applicant for a license or a license holder shall file a bond or other security under Section 1201.105 for the issuance or renewal of a license in the following amount:
(1)  $100,000 for a manufacturer;
(2)  $50,000 for a retailer;
(3)   $50,000 for a broker; or
(4)  $25,000 for an installer.
(a-1)  Notwithstanding the provisions of Subsection (a), the director may require additional security for the licensing, renewal, or relicensing of a person, or the sponsoring of a salesperson, who, either directly, as a related person, or through a related person, has been the subject of a license revocation, has caused the manufactured homeowner consumer claims program to incur unreimbursed costs or liabilities in excess of available surety bond coverage, or has failed to pay an administrative penalty that has been assessed by final order.
(b)  To ensure the availability of prompt and satisfactory warranty service, a manufacturer that does not have a licensed manufacturing plant or other facility in this state from which warranty service and repairs can be provided shall file a bond or other security in the additional amount of $100,000.
(c)  The bond or other security is open to successive claims up to the face value of the bond or other security.  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.
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. 3, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 11, eff. January 1, 2008.
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.10, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 9, 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 C. Licensing › Section 1201.107. Security: Location

Sec. 1201.107.  SECURITY:  LOCATION.  (a)  A manufacturer, retailer, broker, or installer who maintains a place of business at one or more locations shall file with the department a separate bond or other security for each location.
(b)  Property used for the business that is not contiguous to, or located within 300 feet of, a bonded location requires a separate bond.  A location at which a manufactured home is shown to the public or at which the home is offered for sale or exchange by a retailer to consumers requires a bond.
(c)  A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond.  A temporary location for a bona fide trade show sponsored by a nonprofit corporation that qualifies for an exemption from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c) of that code does not require a bond.
(d)  If a retailer or broker offers for sale or participates in any way in the sale of a manufactured home at a location other than an undivided parcel of real property where more than one manufactured home is located and offered for sale or exchange by a retailer or broker to the public, the retailer or broker must:
(1)  identify the bond on file with the department in conjunction with that person's license; and
(2)  provide contractually in the sales transaction that the identified bond applies to the sale.
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. 4, eff. June 18, 2005.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 10, 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 C. Licensing › Section 1201.108. Security: Change in Ownership or Location

Sec. 1201.108.  SECURITY:  CHANGE IN OWNERSHIP OR LOCATION.  (a)  A new bond is not required for a change in:
(1)  ownership of a licensee or a business entity under which a license holder conducts business; or
(2)  location.
(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.
(c)  After a change described by Subsection (a), the licensee shall provide to the department a proper endorsement to the original bond showing that the bond continues to apply to the license without interruption.
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. 12, 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 C. Licensing › Section 1201.109. Security: Cancellation or Other Impairment

Sec. 1201.109.  SECURITY:  CANCELLATION OR OTHER IMPAIRMENT.  (a)  If a bond required by this subchapter is canceled, the license for which the security is filed is suspended on the effective date of cancellation.  The surety shall provide written notice to the director before the 60th day preceding the effective date of cancellation.
(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.
(c)  If the required face amount of a security is impaired by the payment of a claim, the license holder shall restore the security to the required face amount not later than the 60th day after the date of impairment.
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 C. Licensing › Section 1201.110. Security: Duration

Sec. 1201.110.  SECURITY: DURATION.  The department shall maintain on file a security other than a bond canceled as provided by Section 1201.109(a) until the later of:
(1)  the second anniversary of the date the manufacturer, retailer, broker, or installer ceases doing business; or
(2)  the date the director determines that a claim does not exist against the security.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.11, eff. September 1, 2013.
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 C. Licensing › Section 1201.111. Exceptions to Security and Instruction Requirements

Sec. 1201.111.  EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS.  (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.
(b)  A licensed retailer is not required to file a bond or other security to be licensed as a broker or installer.
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. 11, 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 C. Licensing › Section 1201.113. Continuing Education Programs

Sec. 1201.113.  CONTINUING EDUCATION PROGRAMS.  (a)  The board shall approve continuing education programs for licensees under this chapter.  A continuing education program must be at least eight hours long and must include the current rules of the department and such other matters as the board may deem relevant.
(b)  Completion of an approved continuing education program described by Subsection (a) is a prerequisite to renewal of a license.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 13
Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 73(a)(3), eff. January 1, 2008.
(c)  No test shall be given in relation to any continuing education program.
(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.
(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 863, Sec. 73(a)(3), eff. January 1, 2008.
(f)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 863, Sec. 73(a)(3), eff. January 1, 2008.
(g)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 863, Sec. 73(a)(3), eff. January 1, 2008.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 5, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 5, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 13, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 73(a)(3), eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 77 (H.B. 2238), Sec. 4, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 12, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 13, 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 C. Licensing › Section 1201.114. License Expiration

Sec. 1201.114.  LICENSE EXPIRATION.  Any license under this chapter is valid for two years.  A license may be renewed as provided by the director.  A person whose license has been suspended or revoked or whose license has expired may not engage in activities that require a license until the license has been reinstated or renewed.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.254(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 6, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 14, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 77 (H.B. 2238), Sec. 5, eff. September 1, 2009.
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 C. Licensing › Section 1201.115. Notice of License Expiration

Sec. 1201.115.  NOTICE OF LICENSE EXPIRATION.  Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.254(a), eff. Sept. 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 C. Licensing › Section 1201.116. Procedure for License Renewal

Sec. 1201.116.  PROCEDURE FOR LICENSE RENEWAL.  (a)  The department shall renew a license if, before the expiration date of the license, the department receives the renewal application and payment of the required fee as well as the cost required under Section 1201.1031.
(b)  If the department needs additional information for the renewal application or verification of continuing insurance or bond coverage, the license holder must provide the requested information or verification not later than the 20th day after the date of receipt of notice from the department.
(c)  The renewal license expires on the second anniversary of the date the license was renewed.
(d)  A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(e)  A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee.
(f)  A person whose license has been expired for one year or more may not renew the license.  The person may obtain a new license by complying with the requirements and procedures for obtaining an original license.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.254(a), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 77 (H.B. 2238), Sec. 6, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.12, eff. September 1, 2013.
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 C. Licensing › Section 1201.117. Renewal of Expired License by Out-of-State Practitioner

Sec. 1201.117.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.  (a)  A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without fulfilling the instruction requirements of Section 1201.104(a).
(b)  The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.254(a), eff. Sept. 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 C. Licensing › Section 1201.118. Rules Relating to Certain Persons

Sec. 1201.118.  RULES RELATING TO CERTAIN PERSONS.  The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who has previously:
(1)  been found in a final order to have participated in one or more violations of this chapter that served as grounds for the suspension or revocation of a license;
(2)  been found to have engaged in activity subject to this chapter without possessing the required license;
(3)  caused the manufactured homeowner consumer claims program to incur unreimbursed payments or claims; or
(4)  failed to abide by the terms of a final order, including the payment of any assessed administrative penalties.
Added by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 15, eff. January 1, 2008.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 14, 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 D. Practice › Section 1201.1505. Deposit on Specially Ordered Manufactured Homes

Sec. 1201.1505.  DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES.  A retailer may require a deposit on a specially ordered manufactured home.
Added by Acts 2003, 78th Leg., ch. 338, Sec. 10, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 16, 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 D. Practice › Section 1201.151. Refunds

Sec. 1201.151.  REFUNDS.  (a)  Except as otherwise provided by this section, a retailer must refund a consumer's deposit not later than the 15th day after the date that a written request for the refund is received from the consumer.
(b)  The deposit may be retained only if:
(1)  the consumer specially orders from the manufacturer a manufactured home that is not in the retailer's inventory;
(2)  the home conforms to the specifications of the special order and any representations made to the consumer;
(3)  the consumer fails or refuses to accept delivery and installation of the home by the retailer;  and
(4)  the consumer was given conspicuous written notice of the requirements for retaining the deposit.
(c)  The retailer may not retain more than five percent of the estimated cash price of the specially ordered home and must refund any amount that exceeds five percent.
(d)  This section does not apply to:
(1)  a deposit held in escrow in a real estate transaction;  or
(2)  money stated to be a down payment in an executed retail sales contract.
(e)  A deposit becomes a down payment upon execution of a sales purchase contract.  Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511.
(f)  Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. Section 1026.23.
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. 7, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 17, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 18, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 15, 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 D. Practice › Section 1201.1511. Real Property Appraisal and Title Work Expenses

Sec. 1201.1511.  REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES.  (a)  Notwithstanding Section 1201.151 or 1201.1521, a retailer may collect from a consumer in advance or deduct from the consumer's deposit or down payment any expenses incurred by the retailer if, after receiving a conditional notification of approval from a lender chosen by the consumer, the consumer:
(1)  contracts with the retailer to arrange for services that are performed by an appraiser of real property or a title company in connection with real property that will be included in the purchase or exchange or is intended to be pledged by the consumer as collateral for the consumer's purchase or exchange of a  manufactured home;
(2)  is provided notice of laws relating to rescission and real property appraisal and title work expenses before signing the contract for real property appraisal and title work services; and
(3)  is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer.
(b)  A retailer may not charge to the consumer any fees or expenses other than the real property appraisal and title work expenses disclosed to the consumer under Subsection (a)(3).
(c)  The department may demand copies of contracts, invoices, receipts, or other proof of any real property appraisal and title work expenses retained by a retailer.
Added by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 16, 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 D. Practice › Section 1201.152. Voidable Contract

Sec. 1201.152.  VOIDABLE CONTRACT.  (a)  If a retailer purchases a new manufactured home from an unlicensed manufacturer in violation of Section 1201.505, a consumer's contract with the retailer for the purchase or exchange of the home is voidable until the second anniversary of the date of purchase or exchange of the home.
(b)  If an unlicensed retailer, broker, or installer enters into a contract with a consumer concerning a manufactured home, the consumer may void the contract until the second anniversary of the date of purchase of 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. 17, 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 D. Practice › Section 1201.1521. Rescission of Contract for Sale or Exchange of Home

Sec. 1201.1521.  RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME.  (a)  A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a cash transaction occurring not later than the third day after the date the sales purchase contract is signed, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511.
(b)  A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a transfer that is based wholly or partly on a credit transaction occurring not later than the third day after the date of the signing of the binding note, security agreement, or other financing credit contract with respect to which the consumer's purchased manufactured home will serve as collateral for the credit transaction, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511.
(c)  Subject to rules adopted by the board, a consumer may waive a right of rescission in the event of a bona fide emergency.  Such rules shall, to the extent practical, be modeled on the federal rules for the waiver of a right of rescission under 12 C.F.R. Part 1026.
Added by Acts 2003, 78th Leg., ch. 338, Sec. 10, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 19, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 18, 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 D. Practice › Section 1201.153. Formaldehyde Health Notice

Sec. 1201.153.  FORMALDEHYDE HEALTH NOTICE.  (a)  A retailer or manufacturer may not transfer ownership of a HUD-code manufactured home or otherwise sell, assign, or convey a HUD-code manufactured home to a consumer unless the retailer or manufacturer delivers to the consumer a formaldehyde health notice, subject to the director's rules concerning the notice.
(b)  The notice must be delivered before the execution of a mutually binding sales agreement or retail installment sales contract.
(c)  The notice must:
(1)  contain the information required by:
(A)  the United States Department of Housing and Urban Development; or
(B)  the board; and
(2)  be of the type, size, and format required by the director.
(d)  A retailer or manufacturer may not vary the content or form of the notice.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 6, eff. June 18, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 731 (H.B. 2706), Sec. 2, 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 D. Practice › Section 1201.154. Sufficiency of Formaldehyde Health Notice; Retailer and Manufacturer Compliance

Sec. 1201.154.  SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE;  RETAILER AND MANUFACTURER COMPLIANCE.  (a)  The formaldehyde health notice required by Section 1201.153 is sufficient, as a matter of law, to advise a consumer of the risks of occupying a HUD-code manufactured home.
(b)  The consumer's written acknowledgement of the receipt of the notice is conclusive proof of the delivery of the notice and the posting of the notice in compliance with federal regulations.
(c)  A retailer's or manufacturer's compliance with United States Department of Housing and Urban Development regulations and the director's rules concerning the notice is conclusive proof that:
(1)  the consumer received sufficient notice of the risks of occupying the home;  and
(2)  the home is habitable with respect to formaldehyde emissions.
(d)  A retailer's or manufacturer's compliance, from September 1, 1981, to September 1, 1985, with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that:
(1)  the consumer received sufficient notice of the risks of occupying the home;  and
(2)  the home is habitable with respect to formaldehyde emissions.
(e)  A retailer's or manufacturer's knowing and wilful failure to comply with the regulations and rules described by Subsection (c) is conclusive proof that:
(1)  the retailer or manufacturer breached the duty to notify the consumer about formaldehyde;  and
(2)  the home is not habitable.
(f)  A retailer's or manufacturer's knowing and wilful failure, from September 1, 1981, to September 1, 1985, to comply with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that:
(1)  the retailer or manufacturer breached the duty to notify the consumer about formaldehyde;  and
(2)  the home is 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 D. Practice › Section 1201.155. Disclaimer of Implied Warranty

Sec. 1201.155.  DISCLAIMER OF IMPLIED WARRANTY.  The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of fitness for a particular purpose or of merchantability as described by Chapter 2, Business & Commerce Code.
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 D. Practice › Section 1201.156. Advertisement as Offer

Sec. 1201.156.  ADVERTISEMENT AS OFFER.  An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers.
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. 19, 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 D. Practice › Section 1201.157. Retailer as Warehouse

Sec. 1201.157.  RETAILER AS WAREHOUSE.  (a)  With respect to the storage of manufactured homes for hire, a licensed retailer is:
(1)  a "warehouse" as defined by Section 7.102, Business & Commerce Code; and
(2)  a "warehouseman" under Chapter 24, Property Code.
(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.
(c)  A licensed retailer acting as a warehouse and warehouseman satisfies all storage, bonding, insurance, public sale, and security requirements if the storage of a manufactured home occurs on the retailer's lot and the home is secured in the same manner the retailer secures a manufactured home held on the lot as inventory.
(d)  In accordance with the provisions of Section 7.210, Business & Commerce Code, a licensed retailer acting as a warehouse to enforce a warehouse's lien is considered to have sold a manufactured home in a commercially reasonable manner if the retailer sells the manufactured home in the same manner the retailer would sell a manufactured home at retail.
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. 20, 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 D. Practice › Section 1201.158. Salesperson

Sec. 1201.158.  SALESPERSON.  A licensed salesperson may work only for the salesperson's sponsoring retailer or broker.
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. 20, 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 D. Practice › Section 1201.159. Broker

Sec. 1201.159.  BROKER.  (a)  Except as provided by Section 1201.456, a broker shall ensure that the seller gives the buyer the applicable disclosures and warranties that the buyer would have received if the buyer had purchased the manufactured home through a licensed retailer.
(b)  A person is not required to be a broker licensed under this chapter but may be required to be a real estate broker or salesperson licensed under Chapter 1101 if:
(1)  the manufactured home is attached;  and
(2)  the home is offered as real property.
(c)  A broker shall provide any person who engages the broker's services with a written disclosure of which interests in the transaction, if any, the broker represents.
(d)  If the seller is required to possess a license by this chapter, a broker may assist in the sale of a manufactured home only if that seller has a current license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 7, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 8, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 21, eff. January 1, 2008.