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 K. Prohibited Practices › Section 1201.507. False or Misleading Information

Sec. 1201.507.  FALSE OR MISLEADING INFORMATION.  (a)  A retailer or salesperson may not:
(1)  assist a consumer in preparing or providing false or misleading information on a document related to the purchase or financing of a manufactured home;  or
(2)  submit to a credit underwriter or lending institution information known to be false or misleading.
(b)  A salesperson may not submit to a retailer information known to be false or misleading.
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 1201.508. Down Payment

Sec. 1201.508.  DOWN PAYMENT.  (a)  A retailer may not state payment of a down payment in a retail installment sales contract or other credit document unless the retailer has actually received the entire down payment at the time of execution of the document.
(b)  If part of the down payment is consideration other than cash, including a loan or trade-in, the retailer must expressly state that fact in the retail installment sales contract or other credit document.
(c)  A cash down payment may not be derived in any part from a rebate or other consideration received by, or to be given to, the consumer from the retailer or manufacturer.
(d)  The retailer may not require a consumer to make a down payment on the acquisition of a manufactured home from the retailer's inventory until the time the installment contract is executed.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 36, eff. June 18, 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 1201.509. Prohibited Retention of Deposit

Sec. 1201.509.  PROHIBITED RETENTION OF DEPOSIT.  A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151.
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 1201.510. Prohibited Installation of Air Conditioning Equipment

Sec. 1201.510.  PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT.  A retailer or an installer may not contract with a person for the installation of air conditioning equipment in connection with the installation of a manufactured home unless the person is licensed by the state as an air conditioning and refrigeration contractor.
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 1201.511. Prohibited Real Estate Transaction

Sec. 1201.511.  PROHIBITED REAL ESTATE TRANSACTION.  (a)  This section applies to a transaction in which a manufactured home is sold as personal property.
(b)  A retailer may not sell, represent for sale, or offer for sale real property in conjunction with the sale of a manufactured home except as authorized by the department consistent with Chapter 1101.
(c)  A retailer, broker, or salesperson or a person acting on behalf of a retailer or broker may not receive or accept compensation or consideration of any kind from the seller of the real property or a person acting on the seller's behalf.  No part of the down payment on the purchase of the manufactured home or any fees, points, or other charges or "buy-downs" may be paid from money from the seller of the real property or a person acting on the seller's behalf.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 37, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.260(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 K. Prohibited Practices › Section 1201.512. Prohibited Delivery or Installation of Manufactured Home

Sec. 1201.512.  PROHIBITED DELIVERY OR INSTALLATION OF MANUFACTURED HOME.  (a)  In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located.
(b)  Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.), Subchapter I, Chapter 16, Water Code, and any other applicable local, state, or federal law, and ensures the consumer's compliance with applicable law by requiring the evidence described by Subsection (c), a retailer, broker, or salesperson who sells or exchanges a new or used manufactured home to a consumer for use as a permanent dwelling in this state may not:
(1)  deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency;
(2)  install or arrange for the installation of the home at a homesite in that area; or
(3)  assist the consumer in the delivery or installation of, or in making arrangements for the delivery or installation of, the home to or at a homesite in that area.
(c)  Before closing on the acquisition of a new or used manufactured home for use as a permanent dwelling in this state, a consumer seeking to acquire the home must provide to the retailer, broker, or salesperson selling or exchanging the home satisfactory evidence that the home will not be located, in a manner that violates local, state, or federal law, on a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency.  A consumer may satisfy the evidentiary requirement of this subsection by providing the retailer, broker, or salesperson, as applicable, with a copy of any required permit to install a septic tank on the homesite.
(d)  The following are exempt from the application of this section:
(1)  a manufactured home that on August 31, 2003, was inhabited and located on real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency, if the home will remain on or be relocated to real property zoned as described by this subsection;  and
(2)  real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency.
Added by Acts 2003, 78th Leg., ch. 1016, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 68, 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 1201.513. Disposition of Trade-Ins and Occupancy of Homes Before Closing

Sec. 1201.513.  DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING.  (a)  A retailer may not sell a trade-in manufactured home before the closing of the sale in connection with which the retailer receives the trade-in.
(b)  A retailer may not knowingly permit a consumer to occupy a manufactured home that is the subject of a sale or exchange to that consumer before the closing of any required financing unless the consumer is first given a form adopted by the board disclosing that if for any reason the financing does not close, the consumer may be required to vacate the home.
Added by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 60, eff. January 1, 2008.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 69, 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 L. Disciplinary Procedures › Section 1201.551. Denial of License; Disciplinary Action

Sec. 1201.551.  DENIAL OF LICENSE; DISCIPLINARY ACTION.  (a)  The director may deny, permanently revoke, or suspend for a definite period and specified sales location or geographic area a license if the director determines that the applicant or license holder:
(1)  knowingly and wilfully violated this chapter or a rule adopted or order issued under this chapter;
(2)  unlawfully retained or converted money, property, or any other thing of value from a consumer in the form of a down payment, sales or use tax, deposit, or insurance premium;
(3)  failed repeatedly to file with the department a completed application for a statement of ownership before the 61st day after the date of the sale of a manufactured home as required by Section 1201.206 or the date of the installation, whichever occurred later;
(4)  failed to give or breached a manufactured home warranty required by this chapter or by the Federal Trade Commission;
(5)  engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code;
(6)  failed to provide or file a report required by the department for the administration or enforcement of this chapter;
(7)  provided false information on an application, report, or other document filed with the department;
(8)  acquired a criminal record during the five-year period preceding the application date that, in the opinion of the director, makes the applicant unfit for licensing;
(9)  failed to file a bond or other security for each location as required by Subchapter C;
(10)  has had another license issued by this state revoked or suspended; or
(11)  failed to pay the required fee to obtain or renew a license.
(b)  The director may suspend or revoke a license if, after receiving notice of a claim, the license holder or the license holder's surety fails or refuses to pay a final claim paid under the manufactured homeowner consumer claims program for which demand for reimbursement was made.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 38, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 61, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 70, 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 L. Disciplinary Procedures › Section 1201.552. License Revocation, Suspension, or Denial; Hearing

Sec. 1201.552.  LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING.  The director may issue an order to revoke, suspend, or deny a new or renewal license.  If, before the 31st day after an order revoking, suspending, or denying a license is issued, the person against whom the order is issued requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings.  If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final.  Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code.  The board shall issue an order after receiving a proposal for decision.
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. 61, 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 L. Disciplinary Procedures › Section 1201.553. Judicial Review

Sec. 1201.553.  JUDICIAL REVIEW.  Judicial review of any order, decision, or determination of the board is instituted by filing a petition with a district court in Travis County as provided by Chapter 2001, Government Code.
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. 61, 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 L. Disciplinary Procedures › Section 1201.554. Probation

Sec. 1201.554.  PROBATION.  The department may place on probation a person whose license is suspended.  If a license suspension is probated, the department may require the person to:
(1)  report regularly to the department on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the department;  or
(3)  continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.254(b), 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 M. Enforcement Provisions and Penalties › Section 1201.601. Action Against Retailer or Manufacturer: Holder of Debt Instrument

Sec. 1201.601.  ACTION AGAINST RETAILER OR MANUFACTURER:  HOLDER OF DEBT INSTRUMENT.  (a)  If a consumer files a cause of action against a retailer or manufacturer, a claim based on an act of the retailer or manufacturer that the consumer could assert against the holder of the manufactured home debt instrument must be asserted against the holder in the primary suit against the retailer or manufacturer.
(b)  A judgment obtained in the primary suit against the retailer or manufacturer is conclusive proof as to the holder of the debt instrument and admissible in an action by the consumer against the holder only if the consumer joins the holder in the primary suit.
(c)  The holder of the debt instrument is entitled to full indemnity from the retailer or manufacturer for a claim based on an act or omission of the retailer or manufacturer.
(d)  If the consumer asserts against the holder of the debt instrument a claim or defense that arises from a claim or defense of the consumer against the retailer, the consumer's relief against the holder arising from claims and defenses of the consumer against the retailer is limited to recovery of an amount not to exceed the total amount paid by the consumer to the holder and to cancellation of the balance remaining on the instrument.  If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder.
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 M. Enforcement Provisions and Penalties › Section 1201.602. Action Against Manufacturer, Installer, or Retailer: Abatement or Bar

Sec. 1201.602.  ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER:  ABATEMENT OR BAR.  (a)  Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if:
(1)  a plea in abatement is filed with the court not later than the 45th day after the movant's answer date;  and
(2)  the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355.
(b)  The abatement continues until the earlier of:
(1)  the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director;  or
(2)  the expiration of a period not to exceed 150 days.
(c)  A consumer's refusal to allow the manufacturer, installer, or retailer to perform warranty service in accordance with the inspection report, determinations, and orders of the director bars a cause of action relating to an alleged failure to:
(1)  comply with a written or implied warranty;  or
(2)  perform warranty service.
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 M. Enforcement Provisions and Penalties › Section 1201.603. Deceptive Trade Practices

Sec. 1201.603.  DECEPTIVE TRADE PRACTICES.  (a)  A person's violation of this chapter or the failure by a manufacturer, installer, or retailer to comply with an implied warranty is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code.
(b)  The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a).  The remedies available under Subchapter E, Chapter 17, Business & Commerce Code, are cumulative of the remedies under this chapter.
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 M. Enforcement Provisions and Penalties › Section 1201.604. Consumer Recovery for Prohibited Retention of Deposit

Sec. 1201.604.  CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT.  In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151:
(1)  three times the amount of the deposit;  and
(2)  reasonable attorney's fees.
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 M. Enforcement Provisions and Penalties › Section 1201.6041. Direct Consumer Compensation

Sec. 1201.6041.  DIRECT CONSUMER COMPENSATION.  (a)  Instead of requiring a consumer to apply for compensation under the manufactured homeowner consumer claims program under Subchapter I, the director may order a manufacturer, retailer, broker, or installer, as applicable, to pay a refund directly to 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)  For purposes of this section, the refund of a consumer's actual damages is determined according to Section 1201.405.
(c)  The director shall prepare information for notifying consumers of the director's option to order a direct refund under this section, shall post the information on the department's Internet website, and shall make printed copies available on request.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.15, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 71, 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 M. Enforcement Provisions and Penalties › Section 1201.605. Administrative Penalty

Sec. 1201.605.  ADMINISTRATIVE PENALTY.  (a)  The director may assess against a person who fails to comply with this chapter, the rules adopted under this chapter, or any final order of the department an administrative penalty in an amount not to exceed $10,000 for each violation of this chapter and:
(1)  reasonable attorney's fees;
(2)  administrative costs;
(3)  witness fees;
(4)  investigative costs; and
(5)  deposition expenses.
(b)  The director may assess against a licensee who fails to provide information to a consumer as required by this chapter an administrative penalty in an amount not to exceed:
(1)  $1,000 for the first violation;
(2)  $2,000 for the second violation; and
(3)  $4,000 for each subsequent violation.
(c)  In determining the amount of an administrative penalty assessed under this section, the director shall consider:
(1)  the seriousness of the violation;
(2)  the history of previous violations;
(3)  the amount necessary to deter future violations;
(4)  efforts made to correct the violation; and
(5)  any other matters that justice may require.
(d)  The director may impose an administrative penalty in accordance with this section.  If, before the 31st day after the date a person receives notice of the imposition of an administrative penalty, the person requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings.  If the person does not request a hearing before the 31st day after the date the person receives notice of the imposition of the administrative penalty, the penalty becomes final.  Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code.  The board shall issue an order after receiving a proposal for decision.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 39, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 62, 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 M. Enforcement Provisions and Penalties › Section 1201.606. Criminal Penalty

Sec. 1201.606.  CRIMINAL PENALTY.  (a)  A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety.
(b)  An offense under this section is a Class A misdemeanor punishable by:
(1)  a fine of not more than $4,000;
(2)  confinement in county jail for a term of not more than one year;  or
(3)  both the fine and confinement.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.261(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 M. Enforcement Provisions and Penalties › Section 1201.607. Issuance of Orders and Requests for Hearings

Sec. 1201.607.  ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS.  Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically become a final order.  If the person made the subject of the order files a written request for a hearing with the director, the order shall be deemed to have been appealed and shall be a contested case under Chapter 2001, Government Code.  The director shall set any appealed order for a hearing before the State Office of Administrative Hearings, and the board shall issue a final order after receiving and reviewing the proposal for decision issued pursuant to such hearing.
Added by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 63, 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 M. Enforcement Provisions and Penalties › Section 1201.608. Inspection of Licensee Records

Sec. 1201.608.  INSPECTION OF LICENSEE RECORDS.  (a)  The department may inspect a licensee's records during normal business hours without advance notice if the director believes that such inspection is necessary to prevent a violation of this chapter, to protect a consumer or another licensee, or to assist another state or federal agency in an investigation.
(b)  The director may request or issue subpoenas for a licensee's records.
(c)  The department may carry out "sting" or undercover investigations in accordance with board-adopted rules if the director believes such action to be appropriate in order to detect and address suspected violations of this chapter.
(d)  While an investigation is pending, information obtained by the department in connection with that investigation is confidential unless disclosure of the information is specifically permitted or required by other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 63, 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 M. Enforcement Provisions and Penalties › Section 1201.609. Acting Without License; Criminal Penalty

Sec. 1201.609.  ACTING WITHOUT LICENSE; CRIMINAL PENALTY.  A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires a license under this chapter commits an offense.  An offense under this section is a Class B misdemeanor.  A second or subsequent conviction for an offense under this section is a Class A misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 63, 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 1202 - Industrialized Housing and Buildings › Subchapter A. General Provisions › Section 1202.001. General Definitions

Sec. 1202.001.  GENERAL DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Commission of Licensing and Regulation.
(2)  "Construction site building" means a commercial structure that is:
(A)  not open to the public; and
(B)  used for any purpose at a commercial site by a person constructing a building, road, bridge, utility, or other infrastructure or improvement to real property.
(3)  "Council" means the Texas Industrialized Building Code Council.
(4)  "Department" means the Texas Department of Licensing and Regulation.
(4-a)  "Executive director" means the executive director of the department.
(5)  "Modular component" means a structural part of housing or a building constructed at a location other than the building site in a manner that prevents the construction from being adequately inspected for code compliance at the building site without:
(A)  damage;  or
(B)  removal and reconstruction of a part of the housing or building.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.263(b), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 714 (S.B. 443), Sec. 1, eff. September 1, 2005.
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 1202 - Industrialized Housing and Buildings › Subchapter A. General Provisions › Section 1202.002. Definition of Industrialized Housing

Sec. 1202.002.  DEFINITION OF INDUSTRIALIZED HOUSING.  (a)  Industrialized housing is a residential structure that is:
(1)  designed for the occupancy of one or more families;
(2)  constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site;  and
(3)  designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system.
(b)  Industrialized housing includes the structure's plumbing, heating, air conditioning, and electrical systems.
(c)  Industrialized housing does not include:
(1)   housing constructed of a sectional or panelized system that does not use a modular component; or
(2)  a ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 698 (H.B. 2763), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 45 (S.B. 1264), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 176 (H.B. 1385), Sec. 1, eff. September 1, 2019.
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 1202 - Industrialized Housing and Buildings › Subchapter A. General Provisions › Section 1202.003. Definition of Industrialized Building

Sec. 1202.003.  DEFINITION OF INDUSTRIALIZED BUILDING.  (a)  An industrialized building is a commercial structure that is:
(1)  constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site;  and
(2)  designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed.
(b)  An industrialized building includes the structure's plumbing, heating, air conditioning, and electrical systems.
(c)  Repealed by Acts 2005, 79th Leg., Ch. 714, Sec. 5, eff. September 1, 2005.
(d)  An industrialized building includes a permanent commercial structure and a commercial structure designed to be transported from one commercial site to another commercial site but does not include a commercial building or structure that is:
(1)  installed in a manner other than on a permanent foundation; and
(2)  either:
(A)  not open to the public; or
(B)  less than 1,500 square feet in total area and used other than as a school or a place of religious worship.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.002, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 714 (S.B. 443), Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 714 (S.B. 443), Sec. 5, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 698 (H.B. 2763), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 45 (S.B. 1264), Sec. 2, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 176 (H.B. 1385), Sec. 2, eff. September 1, 2019.
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 1202 - Industrialized Housing and Buildings › Subchapter A. General Provisions › Section 1202.004. Relocatable Educational Facilities

Sec. 1202.004.  RELOCATABLE EDUCATIONAL FACILITIES.  (a)  In this section, "relocatable educational facility" means a portable, modular building capable of being relocated, regardless of whether the facility is built at the installation site, that is used primarily as an educational facility for teaching the curriculum required under Section 28.002, Education Code.
(b)  A relocatable educational facility that is purchased or leased on or after January 1, 2010, must comply with all provisions applicable to industrialized buildings under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 698 (H.B. 2763), Sec. 3, 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 1202 - Industrialized Housing and Buildings › Subchapter B. Texas Industrialized Building Code Council › Section 1202.051. Council Membership

Sec. 1202.051.  COUNCIL MEMBERSHIP.  The Texas Industrialized Building Code Council consists of 12 members appointed by the governor as follows:
(1)  three members who represent the industrialized housing and building industries;
(2)  three members who represent municipal building officials from municipalities with a population of more than 25,000;
(3)  three members who represent general contractors who construct housing or buildings on-site;
(4)  one member who is an engineer licensed in this state who acts as a structural engineer;
(5)  one member who is an engineer licensed in this state who acts as an electrical engineer;  and
(6)  one member who is an architect registered 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 1202 - Industrialized Housing and Buildings › Subchapter B. Texas Industrialized Building Code Council › Section 1202.052. Membership Restrictions

Sec. 1202.052.  MEMBERSHIP RESTRICTIONS.  An engineer or architect member of the council may not:
(1)  be designated as, be employed by, or have an ownership interest in, an entity that is a third-party inspector or design review agency;
(2)  have an ownership interest in a business that manufactures or builds industrialized housing or buildings;
(3)  in a capacity relating to a matter subject to council review, be employed by or be a paid consultant to a manufacturer or builder of industrialized housing or buildings;  or
(4)  be an officer, employee, or paid consultant of a trade association that represents the industrialized housing or building industry.
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 1202 - Industrialized Housing and Buildings › Subchapter B. Texas Industrialized Building Code Council › Section 1202.053. Terms

Sec. 1202.053.  TERMS.  Council members serve staggered two-year terms, with the terms of half of the members expiring on February 1 of each even-numbered year and the terms of the other half of the members expiring on February 1 of each odd-numbered year.
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 1202 - Industrialized Housing and Buildings › Subchapter B. Texas Industrialized Building Code Council › Section 1202.054. Presiding Officer

Sec. 1202.054.  PRESIDING OFFICER.  The council shall annually elect one of its members as the council's presiding officer.
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 1202 - Industrialized Housing and Buildings › Subchapter B. Texas Industrialized Building Code Council › Section 1202.055. Secretary; Personnel

Sec. 1202.055.  SECRETARY;  PERSONNEL.  The executive director shall:
(1)  act as secretary of the council;  and
(2)  provide personnel from the department necessary to perform staff functions for the council.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.026, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.264, 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 1202 - Industrialized Housing and Buildings › Subchapter B. Texas Industrialized Building Code Council › Section 1202.056. Reimbursement

Sec. 1202.056.  REIMBURSEMENT.  (a)  A council member may be reimbursed for actual costs of travel to attend meetings but may not receive a per diem allowance for food or lodging.
(b)  The travel costs shall be paid out of fees collected by the department under Section 1202.104.
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 1202 - Industrialized Housing and Buildings › Subchapter B. Texas Industrialized Building Code Council › Section 1202.057. Quorum

Sec. 1202.057.  QUORUM.  The vote of at least seven members present at a meeting or the written approval of at least seven members is required for the council to take an action or make a decision.
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 1202 - Industrialized Housing and Buildings › Subchapter C. Council and Commission Powers and Duties › Section 1202.101. Rules; Orders

Sec. 1202.101.  RULES;  ORDERS.  (a)  The commission shall adopt rules and issue orders as necessary to:
(1)  ensure compliance with the purposes of this chapter;  and
(2)  provide for uniform enforcement of this chapter.
(b)  The commission shall adopt rules as appropriate to implement the council's actions, decisions, interpretations, and instructions.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.003, 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 1202 - Industrialized Housing and Buildings › Subchapter C. Council and Commission Powers and Duties › Section 1202.102. Rules Providing for Registration and Regulation

Sec. 1202.102.  RULES PROVIDING FOR REGISTRATION AND REGULATION.  The commission by rule shall provide for registration and regulation of manufacturers or builders of industrialized housing or buildings.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.004, 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 1202 - Industrialized Housing and Buildings › Subchapter C. Council and Commission Powers and Duties › Section 1202.104. Fees

Sec. 1202.104.  FEES.  (a)  The commission shall set fees, in amounts sufficient to cover the costs of the inspections described by this chapter and the administration of this chapter, for:
(1)  the registration of manufacturers or builders of industrialized housing or buildings;
(2)  the inspection of industrialized housing or buildings;  and
(3)  the issuance of decals or insignia required under Section 1202.204.
(b)  The fees shall be paid to the comptroller and placed in the general revenue fund, except that a fee for an inspection may be paid directly to an approved third-party inspector who performs the inspection.
(c)  The building and permit fees charged by a municipality for an inspection of industrialized housing or buildings to be located in the municipality may not exceed the fees charged for the equivalent inspection of a building constructed on-site.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 10.005, 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 1202 - Industrialized Housing and Buildings › Subchapter C. Council and Commission Powers and Duties › Section 1202.105. Approval of Third-Party Inspectors and Design Review Agencies

Sec. 1202.105.  APPROVAL OF THIRD-PARTY INSPECTORS AND DESIGN REVIEW AGENCIES.  (a)  The council shall establish criteria for the approval of, and approve accordingly, all third-party inspectors and design review agencies.
(b)  The executive director shall recommend qualified third-party inspectors and design review agencies to the council.
(c)  The executive director shall publish a list of all approved inspectors and design review agencies.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.027, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.266, 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 1202 - Industrialized Housing and Buildings › Subchapter C. Council and Commission Powers and Duties › Section 1202.106. Applicability of Other Law

Sec. 1202.106.  APPLICABILITY OF OTHER LAW.  Sections 51.401 and 51.4041 do not apply to this chapter.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 10.006, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 586 (H.B. 3742), Sec. 5, eff. September 1, 2015.
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 1202 - Industrialized Housing and Buildings › Subchapter C. Council and Commission Powers and Duties › Section 1202.107. Limitation on Certain Actions

Sec. 1202.107.  LIMITATION ON CERTAIN ACTIONS.  (a)  Notwithstanding any other law, the commission, executive director, or department may not perform an inspection or investigation, open a complaint, or initiate an administrative or enforcement action against a manufacturer, builder, or third-party inspector of industrialized housing after the second anniversary of the date of the final on-site inspection of the industrialized housing conducted under Section 1202.203.
(b)  The commission or executive director may impose a penalty or sanction in an enforcement action against a manufacturer, builder, or third-party inspector of industrialized housing only if the commission, executive director, or department initiates the enforcement action during the period prescribed by Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 27 (S.B. 672), Sec. 1, 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 1202 - Industrialized Housing and Buildings › Subchapter D. Requirements and Standards for Industrialized Housing and Buildings › Section 1202.151. Building Codes

Sec. 1202.151.  BUILDING CODES.  (a)  In addition to complying with Subsection (b) or (c), as applicable, industrialized housing and buildings must be constructed to meet or exceed the requirements and standards of the National Electrical Code, published by the National Fire Protection Association, as that code existed on January 1, 1985.
(b)  Industrialized housing and buildings erected or installed in a municipality must be constructed to meet or exceed the requirements and standards of whichever of the following two groups of codes is used by the municipality:
(1)  the Uniform Building Code, Uniform Plumbing Code, and Uniform Mechanical Code, published by the International Conference of Building Officials, as those codes existed on January 1, 1985;  or
(2)  the Standard Building Code, Standard Mechanical Code, Standard Plumbing Code, and Standard Gas Code, published by the Southern Building Code Congress International, Inc., as those codes existed on January 1, 1985.
(c)  Industrialized housing and buildings erected or installed outside a municipality or in a municipality that does not use a building code group described by Subsection (b)(1) or (2) must be constructed to meet or exceed the requirements and standards of whichever of those building code groups is selected by the manufacturer of the housing or buildings.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Sec. 1202.152.  BUILDING CODE AMENDMENT.  If a code described by Section 1202.151 is amended after January 1, 1985, the requirements and standards of the amended code shall be used in place of the January 1, 1985, edition if the council determines that use of the amended code is:
(1)  in the public interest;  and
(2)  consistent with the purposes of this chapter.
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 1202 - Industrialized Housing and Buildings › Subchapter D. Requirements and Standards for Industrialized Housing and Buildings › Section 1202.153. Building Code Amendment: Municipality or Other Political Subdivision

Sec. 1202.153.  BUILDING CODE AMENDMENT:  MUNICIPALITY OR OTHER POLITICAL SUBDIVISION.  (a)  A municipality or other political subdivision may not require or enforce, as a prerequisite for granting or approving a building or construction permit or certificate of occupancy, an amendment to a code described by Section 1202.151.
(b)  On the petition of a local building official and after a hearing, the council may require a reasonable amendment to a building code group described by Section 1202.151(b)(1) or (2) that the council determines to be essential for public health and safety.  The amendment shall be applied uniformly on a statewide basis.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.