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 D. Practice › Section 1201.161. Transportation of Manufactured Housing

Sec. 1201.161.  TRANSPORTATION OF MANUFACTURED HOUSING.
(a)  Notwithstanding any other statute or rule or ordinance, a licensed retailer or licensed installer is not required to obtain a permit, certificate, or license or pay a fee to transport manufactured housing to the place of installation except as required by the Texas Department of Motor Vehicles under Subchapter E, Chapter 623, Transportation Code.
(b)  The department shall cooperate with the Texas Department of Motor Vehicles by providing current lists of licensed manufacturers, retailers, and installers.
(c)  The Texas Department of Motor Vehicles shall provide to the department monthly a list of the permits issued in the preceding month and the information on the permits.
(d)  Unless the information provided for in Subsection (c) is provided electronically, the department shall pay the reasonable cost of providing the list and information under Subsection (c).
(e)  The lists to be provided under this section may be provided electronically.
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. 22, eff. January 1, 2008.
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 98, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 410 (S.B. 1814), Sec. 1, eff. September 1, 2021.
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 1201.162. Disclosure by Retailer and Lender

Sec. 1201.162.  DISCLOSURE BY RETAILER AND LENDER.  (a)  Before the completion of a credit application or more than one day before entering into any agreement for a sale or exchange that will not be financed, the retailer must provide to the consumer a written disclosure in the form promulgated by the board.  The disclosure shall be in at least 12-point type and must address matters of concern relating to costs and obligations that may be associated with home ownership, matters to be considered in making financing decisions, related costs that may arise when purchasing a manufactured home, and such other matters as the board may deem appropriate to promote informed purchase, financing, and related decisions regarding the acquisition and ownership of a manufactured home.  The form shall also conspicuously disclose the consumer's right of rescission.
(b)   A federally insured financial institution or lender approved or authorized by the United States Department of Housing and Urban Development as a mortgagee with direct endorsement underwriting authority that fully complies with federal Truth in Lending disclosures concerning the terms of a manufactured housing transaction is exempt from the disclosure provisions of this section.
(c)  The right of rescission described in Subsection (a) shall apply only to the sale transaction between the retailer and the consumer.  Failure by the retailer to comply with the disclosure provisions of this section does not affect the validity of a subsequent conveyance or transfer of title of a manufactured home or otherwise impair a title or lien position of a person other than the retailer.  The consumer shall continue to have the right of rescission with regard to the retailer until the end of the third day after the retailer delivers a copy of the disclosure required by Subsection (a).  The consumer's execution of a signed receipt of a copy of the disclosure required by Subsection (a) shall constitute conclusive proof of the delivery of the disclosure.  If the consumer grants a person other than the retailer a lien on the manufactured home, the right of rescission shall immediately cease on the filing of the lien with the department.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.255(a), eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 8, 51, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 23, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 21, 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 1201.164. Advance Copy of Sales Purchase Contract and Disclosure Statements; Offer by Retailer

Sec. 1201.164.  ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER.  (a)  In a transaction that is to be financed and that will not be subject to the federal Real Estate Settlement Procedures Act of 1974 (Pub. L. No. 93-533) and its implementing regulations, a retailer shall deliver to a consumer at least 24 hours before the sales purchase contract is fully executed the contract, with all required information included, signed by the retailer.  The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer.  Except as provided for by Subsection (b), the consumer may accept the offer not earlier than 24 hours after the delivery of the contract.  If the consumer has not accepted the offer within 72 hours after the delivery of the contract, the retailer may withdraw the offer.
(b)  Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind and the deadlines for disclosures that are provided by Subsection (a) if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency.  If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods and any right of rescission, and bears the signature of all of the consumers entitled to the disclosures and right of rescission.  In such event the retailer shall immediately give the consumer all of the disclosures required by this code and sell the manufactured home without the required waiting periods or the right of rescission.  The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership.
Added by Acts 2003, 78th Leg., ch. 338, Sec. 10, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 10, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 34(1), eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 24, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 22, 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 E. Manufactured Home Statements of Ownership › Section 1201.202. Application of Chapter to Certain Certificates of Title or Liens

Sec. 1201.202.  APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS.  (a)  This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code.
(b)  A lien recorded before March 1, 1982, with the Texas Department of Transportation or a predecessor agency of that department is recorded with the department for 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 1201 - Manufactured Housing › Subchapter E. Manufactured Home Statements of Ownership › Section 1201.203. Forms; Rules

Sec. 1201.203.  FORMS; RULES.  (a)  The board shall adopt rules and forms relating to:
(1)  the manufacturer's certificate;
(2)  the statement of ownership;
(3)  the application for a statement of ownership; and
(4)  the issuance of an initial or revised statement of ownership.
(b)  The board shall adopt rules for the documenting of the ownership of a manufactured home that has been previously owned in this state or another state.  The rules must protect a lienholder recorded with the department.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 13, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 25, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 25, 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 E. Manufactured Home Statements of Ownership › Section 1201.204. Manufacturer's Certificate

Sec. 1201.204.  MANUFACTURER'S CERTIFICATE.  (a)  A manufacturer's certificate must show:
(1)  on a form prescribed by the director, the original transfer of a manufactured home from the manufacturer to the retailer; and
(2)  on a form prescribed by the director, each subsequent transfer of a manufactured home between retailers and from retailer to owner, if the transfer from retailer to owner involves a completed application for the issuance of a statement of ownership.
(b)  At the first retail sale of a manufactured home, a manufacturer's certificate automatically converts to a document that does not evidence any ownership interest in the manufactured home described in the document.  A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds.
(c)  After the first retail sale of a manufactured home, the retailer must submit the original manufacturer's certificate for that home to the department.  If an application for an initial statement of ownership is made without the required manufacturer's certificate and the retailer does not provide it as required, the department shall, on or before the issuance of the requested statement of ownership, send written notice to each party currently reflected on the department's records as having a recorded lien on the inventory of that retailer with respect to that home.  Failure to include the original manufacturer's certificate with such an application does not impair a consumer's ability to obtain, on submittal of an otherwise complete application, a statement of ownership free and clear of any liens other than liens created by or consented to by the consumer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 13, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 25, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 77 (H.B. 2238), Sec. 7, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 26, 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 E. Manufactured Home Statements of Ownership › Section 1201.205. Statement of Ownership Form

Sec. 1201.205.  STATEMENT OF OWNERSHIP FORM.  A statement of ownership must be evidenced by a board-approved form issued by the department setting forth:
(1)  the name and address of the seller and the name and, if it is different from the location of the home, the mailing address of the new owner;
(2)  the manufacturer's name and address and any model designation, if available;
(3)  in accordance with the board's rules:
(A)  the outside dimensions of the manufactured home when installed for occupancy, as measured to the nearest one-half foot at the base of the home, exclusive of the tongue or other towing device; and
(B)  the approximate square footage of the home when installed for occupancy;
(4)  the identification number for each section or module of the home;
(5)  the physical address where the home is installed for occupancy, including the name of the county, and, if it is different from the physical address, the mailing address of the owner of the home;
(6)  in chronological order of recordation, the date of each lien, other than a tax lien, on the home and the name and address of each lienholder, or, if a lien is not recorded, a statement of that fact;
(7)  a statement regarding tax liens as follows:
"On January 1st of each year, a new tax lien comes into existence on a manufactured home in favor of each taxing unit having jurisdiction where the home is actually located on January 1st.  In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community Affairs - Manufactured Housing Division as provided by law.  You may check that division's records through its website or contact that division to learn any recorded tax liens.  To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the home was actually located on January 1st of that year.";
(8)  a statement that if two or more eligible persons, as determined by Section 1201.213, file with the application for the issuance of a statement of ownership an agreement signed by all the persons providing that the home is to be held jointly with a right of survivorship, the director shall issue the statement of ownership in all the names;
(9)  the location of the home;
(10)  a statement of whether the owner has elected to treat the home as real property;
(11)  statements of whether the home is a salvaged manufactured home and whether the home is reserved for business use only or for another nonresidential use; and
(12)  any other information the board requires.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 13, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 25, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 27, 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 E. Manufactured Home Statements of Ownership › Section 1201.2071. Exemption for Certain Emergency Housing

Sec. 1201.2071.  EXEMPTION FOR CERTAIN EMERGENCY HOUSING.  (a)   Sections 1201.204, 1201.205, 1201.206, and 1201.207 do not apply to the purchase of a manufactured home that is purchased by a federal governmental agency and used to provide temporary housing in response to a natural disaster or other declared emergency.
(b)  The department shall adopt rules for the application for and automatic issuance of a statement of ownership of a manufactured home described by Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 811 (H.B. 2315), 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 1201 - Manufactured Housing › Subchapter E. Manufactured Home Statements of Ownership › Section 1201.2075. Conversion From Personal Property to Real Property

Sec. 1201.2075.  CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY.  (a)  Except as provided by Subsection (b) or Section 1201.206(k), the department may not issue a statement of ownership for a manufactured home that is being converted from personal property to real property until:
(1)  each lien on the home is released by the lienholder; or
(2)  each lienholder gives written consent, to be placed on file with the department.
(b)  The department may issue a statement of ownership before the release of any liens or before receiving the consent of any lienholders as required by this section, or without receiving the statement required by Section 1201.206(g), if the department releases a copy of the statement to:
(1)  a licensed title insurance company that has issued a commitment to issue a title insurance policy covering all prior liens on the home in connection with a loan that the title company has closed; or
(2)  a federally insured financial institution or licensed attorney who has obtained from a licensed title insurance company a title insurance policy covering all prior liens on the home.
Added by Acts 2003, 78th Leg., ch. 338, Sec. 16, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 27, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 33, 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 E. Manufactured Home Statements of Ownership › Section 1201.2076. Conversion From Real Property to Personal Property

Sec. 1201.2076.  CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY.  (a)  The department may not issue a statement of ownership for a manufactured home that is being converted from real property to personal property until the department has inspected the home and determined that it is habitable and:
(1)  each lien, including a tax lien, on the home is released by the lienholder; or
(2)  each lienholder, including a taxing unit, gives written consent, to be placed on file with the department.
(a-1)  Notwithstanding Subsection (a), the department may not require an inspection for habitability before issuing a statement of ownership with respect to a manufactured home if the home is being sold to or ownership is otherwise being transferred to a retailer.  The department remains subject to the other requirements of Subsection (a).
(b)  For the purposes of Subsection (a)(1), the department may rely on a commitment for title insurance, a title insurance policy, or a lawyer's title opinion to determine that any liens on real property have been released.
Added by Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 14, eff. June 18, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 27, eff. January 1, 2008.
Acts 2011, 82nd Leg., R.S., Ch. 46 (H.B. 1510), Sec. 3, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 34, 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 E. Manufactured Home Statements of Ownership › Section 1201.208. Payment of Taxes Required for Issuance of Statement of Ownership

Sec. 1201.208.  PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP.  (a)  Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home.
(b)  If it is determined that a new manufactured home was sold or exchanged without the required sales and use tax being paid, the payment shall be made from the fund, up to the available penal amount of the licensee's bond or the remaining balance of the security for the license, and a claim for reimbursement shall be filed with the licensee's surety or the amount deducted from the security for the license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 17, 18, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 27, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 35, 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 E. Manufactured Home Statements of Ownership › Section 1201.209. Grounds for Refusal to Issue or for Suspension or Revocation of Statement of Ownership

Sec. 1201.209.  GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP.  The department may not refuse to issue a statement of ownership and may not suspend or revoke a statement of ownership unless:
(1)  the application for issuance of the statement of ownership contains a false or fraudulent statement, the applicant failed to provide information required by the director, or the applicant is not entitled to issuance of the statement of ownership;
(2)  the director has reason to believe that the manufactured home is stolen or unlawfully converted, or the issuance of a statement of ownership would defraud the owner or a lienholder of the manufactured home;
(3)  the director has reason to believe that the manufactured home is salvaged, and an application for the issuance of a new statement of ownership that indicates that the home is salvaged has not been filed;
(4)  the required fee has not been paid;
(5)  the state sales and use tax has not been paid in accordance with Chapter 158, Tax Code, and Section 1201.208; or
(6)  a tax lien was filed and recorded under Section 1201.219 and the lien has not been extinguished.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 19, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.256(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 15, eff. June 18, 2005.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 36, 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 E. Manufactured Home Statements of Ownership › Section 1201.210. Procedure for Refusal to Issue or Suspension or Revocation of Statement of Ownership

Sec. 1201.210.  PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP.  (a)  If the director refuses to issue or suspends or revokes a statement of ownership, the director shall give, by certified mail, written notice of that action to:
(1)  the seller and purchaser or transferor and transferee, as applicable; and
(2)  the holder of a lien or security interest of record.
(b)  An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code.
(c)  A notice of appeal and request for hearing must be filed with the director not later than the 30th day after the date of notice of the director's action.  If appeal is not timely made, the revocation or suspension described in the notice of the director's action becomes final.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(4), eff. September 1, 2017.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 20, 21, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 28, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 37, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 38, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(4), 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 E. Manufactured Home Statements of Ownership › Section 1201.212. Transfer of Ownership by Operation of Law

Sec. 1201.212.  TRANSFER OF OWNERSHIP BY OPERATION OF LAW.  (a)  If the ownership of a manufactured home in this state is transferred by inheritance, devise, or bequest, by bankruptcy, receivership, judicial sale, or other involuntary divestiture of ownership, or by any other operation of law, the department shall issue a new statement of ownership after receiving a copy of:
(1)  the order or bill of sale from an officer making a judicial sale;
(2)  the order appointing a temporary administrator;
(3)  the probate proceedings;
(4)  the letters testamentary or the letters of administration; or
(5)  if administration of an estate is not necessary, an affidavit by all of the heirs at law showing:
(A)  that administration is not necessary; and
(B)  the name in which the statement of ownership should be issued.
(b)  The department may issue a new statement of ownership in the name of the purchaser at a foreclosure sale:
(1)  for a lien or security interest foreclosed according to law by nonjudicial means, if the lienholder or secured party files an affidavit showing the nonjudicial foreclosure according to law; or
(2)  for a foreclosed constitutional or statutory lien, if the person entitled to the lien files an affidavit showing the creation of the lien and the resulting divestiture of title according to law.
(c)  The department shall issue a new statement of ownership to a survivor if:
(1)  an agreement providing for a right of survivorship is signed by two or more eligible persons, as determined under Section 1201.213; and
(2)  on the death of one of the persons, the department is provided with a copy of the death certificate of that person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 22, eff. June 18, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 39, 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 E. Manufactured Home Statements of Ownership › Section 1201.213. Eligibility to Sign Right of Survivorship Agreement

Sec. 1201.213.  ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT.  (a)   A person is eligible to sign a right of survivorship agreement under this subchapter if the person:
(1)  is married and the spouse of the signing person is the only other party to the agreement;
(2)  is unmarried and attests to that unmarried status by affidavit;  or
(3)  is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property.
(b)  If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement.  A family relationship required by this subsection may be a relationship established by adoption.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 23, eff. June 18, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 40, 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 E. Manufactured Home Statements of Ownership › Section 1201.214. Document of Title; Certificate of Attachment

Sec. 1201.214. DOCUMENT OF TITLE; CERTIFICATE OF ATTACHMENT.  (a)  Effective September 1, 2003, all outstanding documents of title or certificates of attachment are considered to be statements of ownership.
(b)  An owner or lienholder may provide to the department a document of title or certificate of attachment and any additional information required by the department and request that the department issue a statement of ownership to replace the document of title or certificate of attachment.  The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 24, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 29, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 73(a)(5), eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 41, 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 E. Manufactured Home Statements of Ownership › Section 1201.216. Change in Use

Sec. 1201.216.  CHANGE IN USE.  (a)  If the owner of a manufactured home notifies the department that the owner intends to treat the home as real property or intends to treat the home as a salvaged manufactured home or reserve the home for a business use or another nonresidential use, the department shall indicate on the statement of ownership for the home that:
(1)  the owner of the home has elected to treat the home as described by this subsection; and
(2)  except as provided by Section 1201.2055(h), the home is no longer a manufactured home for purposes of regulation under this chapter or of recordation of liens, including tax liens.
(b)  On application and subject to Sections 1201.2076 and 1201.209, the department shall issue for the structure described in the application a new statement of ownership restoring the structure's designation as a manufactured home only after an inspection and determination that the structure is habitable as provided by Section 1201.453.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 24, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 16, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 34(1), eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 30, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 42, 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 E. Manufactured Home Statements of Ownership › Section 1201.220. Report to Chief Appraiser

Sec. 1201.220.  REPORT TO CHIEF APPRAISER.  (a)  The department shall make available in electronic format, or in hard-copy format on request, to each chief appraiser of an appraisal district in this state a monthly report that, for each manufactured home reported as having been installed during the preceding month in the county for which the district was established and for each manufactured home previously installed in the county for which a transfer of ownership was recorded by the issuance of a statement of ownership during the preceding month, lists:
(1)  the name of the owner of the home;
(2)  the name of the manufacturer of the home, if available;
(3)  the model designation of the home, if available;
(4)  the identification number of each section or module of the home;
(5)  the address or location where the home was reported as installed; and
(6)  the reported date of the installation of the home.
(b)  The department shall make the report required by this section available to the public on the department's Internet website in a searchable and downloadable format.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 26, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.257(b), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 32, eff. January 1, 2008.
Acts 2011, 82nd Leg., R.S., Ch. 46 (H.B. 1510), Sec. 6, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 45, 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 E. Manufactured Home Statements of Ownership › Section 1201.221. Information on Ownership and Tax Lien

Sec. 1201.221.  INFORMATION ON OWNERSHIP AND TAX LIEN.  (a)  On written request, the department shall provide information held by the department on:
(1)  the current ownership and location of a manufactured home; and
(2)  the existence of all tax liens on that home for which notice has been filed with the department.
(b)  A request under Subsection (a) must contain:
(1)  the name of the owner of the home as reflected on the statement of ownership; or
(2)  the identification number of the home.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 27, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 19, eff. June 18, 2005.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 46, 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 E. Manufactured Home Statements of Ownership › Section 1201.222. Certain Manufactured Homes Considered Real Property

Sec. 1201.222.  CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY.  (a)  A manufactured home is treated as real property only if:
(1)  the owner of the home has elected to treat the home as real property as provided by Section 1201.2055; and
(2)  a copy of the statement of ownership for the home has been filed in the real property records of the county in which the home is located.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 1284, Sec. 34(1), eff. June 18, 2005.
(c)  Installation of a manufactured home considered to be real property under this chapter must occur in a manner that satisfies the lending requirements of the Federal Housing Administration (FHA), Fannie Mae, or Freddie Mac for long-term mortgage loans or for FHA insurance.  The installation of a new manufactured home must meet, in addition to applicable state standards, the manufacturer's specifications required to validate the manufacturer's warranty.
(d)  A civil action to enjoin a violation of this section may be brought by:
(1)  a purchaser in the county in which the violation occurs;  or
(2)  the county in which the violation occurs.
(e)  Repealed by Acts 2003, 78th Leg., ch. 338, Sec. 51.
(f)  This section does not require a retailer or retailer's agent to obtain a license under Chapter 1101.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.258(a), eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 28, 51, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 34(1), eff. June 18, 2005.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 47, 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 F. Standards › Section 1201.251. Standards and Requirements Adopted by Board

Sec. 1201.251.  STANDARDS AND REQUIREMENTS ADOPTED BY BOARD.  (a)  The board shall adopt standards and requirements for:
(1)  the installation and construction of manufactured housing that are reasonably necessary to protect the health, safety, and welfare of the occupants and the public; and
(2)  the construction of HUD-code manufactured homes in compliance with the federal standards and requirements established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.).
(b)  The standards and requirements adopted under Subsection (a)(1) are the standards code.
(c)  The standards adopted under Subsection (a)(1) must ensure that manufactured housing installed on both permanent and nonpermanent foundation systems resists overturning and lateral movement, according to the design loads for the particular wind zone for which the housing was constructed.
(d)  In order to ensure that the determinations required by this section are properly made by qualified persons:
(1)  the board's rules may provide for the approval of foundation systems and devices that have been approved by licensed engineers; and
(2)  any generic installation standards promulgated by rule shall first be reviewed by an advisory committee established by the board comprised of representatives of manufacturers, installers, and manufacturers of stabilization systems or devices, including one or more licensed engineers.
(e)  The advisory committee established by Subsection (d) shall make a report to the board setting forth each comment and concern over any proposed rules.  The members of the committee shall have no personal liability for providing this advice.
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. 33, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 34, 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 F. Standards › Section 1201.252. Power of Local Governmental Unit to Adopt Different Standard

Sec. 1201.252.  POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD.  (a)  A local governmental unit of this state may not adopt a standard for the construction or installation of manufactured housing in the local governmental unit that is different from a standard adopted by the board unless, after a hearing, the board expressly approves the proposed standard.
(b)  To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard.
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. 35, 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 F. Standards › Section 1201.253. Hearing on Standard or Requirement

Sec. 1201.253.  HEARING ON STANDARD OR REQUIREMENT.  The director shall publish notice and conduct a public hearing before:
(1)  adopting a standard or requirement authorized by this subchapter;
(2)  amending a standard authorized by this subchapter; or
(3)  approving a standard proposed by a local governmental unit under Section 1201.252.
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. 36, eff. January 1, 2008.
Sec. 1201.254.  EFFECTIVE DATE OF REQUIREMENT OR STANDARD.  Each requirement or standard that is adopted, modified, amended, or repealed by the board must state its effective date.
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. 36, 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 F. Standards › Section 1201.255. Installation of Manufactured Housing

Sec. 1201.255.  INSTALLATION OF MANUFACTURED HOUSING.  (a)  Except as authorized under Section 1201.252, manufactured housing that is installed must be installed in compliance with the standards and rules adopted and orders issued by the department.  An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot.
(b)  An installer may not install a used manufactured home at a location on a site that has evidence of ponding, runoff under heavy rains, or bare uncompacted soil unless the installer first obtains the owner's signature on a form promulgated by the board disclosing that such conditions may contribute to problems with the stabilization system for that manufactured home, including possible damage to that home, and the owner accepts that risk.
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. 36, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 77 (H.B. 2238), Sec. 12, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 48, 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 F. Standards › Section 1201.256. Wind Zone Regulations

Sec. 1201.256.  WIND ZONE REGULATIONS.  (a)  Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. All other counties are in Wind Zone I.
(b)  To be installed in a Wind Zone II county, a manufactured home constructed on or after September 1, 1997, must meet the Wind Zone II standards adopted by the United States Department of Housing and Urban Development.
(c)  A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction.
(d)  A retailer who sells a manufactured home constructed on or after September 1, 1997, to Wind Zone I standards must, before the execution of a mutually binding sales agreement or retail installment sales contract, give the consumer notice that:
(1)  the home was not designed or constructed to withstand a hurricane force wind occurring in a Wind Zone II or III area;
(2)  installation of the home is not permitted in a Wind Zone II county in this state;  and
(3)  another state may prohibit installation of the home in a Wind Zone II or III area.
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 G. Inspections and Monitoring › Section 1201.301. State Inspectors

Sec. 1201.301.  STATE INSPECTORS.  (a)  The director may employ state inspectors to:
(1)  carry out the functions the department is required to perform under this chapter;
(2)  implement this chapter;  and
(3)  enforce the rules adopted and orders issued under this chapter.
(b)  In enforcing this chapter, the director may authorize a state inspector to travel inside or outside of the state to inspect a licensee.
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. 37, 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 G. Inspections and Monitoring › Section 1201.302. Inspection by Local Governmental Units

Sec. 1201.302.  INSPECTION BY LOCAL GOVERNMENTAL UNITS.  (a)  To ensure that a manufactured home sold or installed in this state complies with the standards code, the director may by contract provide for a federal agency or an agency or political subdivision of this state or another state to perform an inspection or inspection program under this chapter or under rules adopted by the board.
(b)  On request, the department shall authorize a local governmental unit in this state to perform an inspection or enforcement activity related to the construction of a foundation system or the erection or installation of manufactured housing at a homesite under a contract or other official designation and rules adopted by the board.  The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department.
(c)  The department:
(1)  shall advise each local governmental unit biennially in writing of the program for contracting installation inspections;
(2)  shall encourage local building inspection officials to perform enforcement and inspection activities for manufactured housing installed in the local governmental unit;  and
(3)  may establish cooperative inspection training programs.
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. 38, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 39, 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 G. Inspections and Monitoring › Section 1201.303. Inspections

Sec. 1201.303.  INSPECTIONS.  (a)  The director may inspect manufactured homes at the state border and adopt rules necessary for the inspection of manufactured homes entering this state to ensure:
(1)  compliance with:
(A)  the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.);
(B)  the standards code;  and
(C)  the rules adopted by the director;  and
(2)  payment of any use tax owed to the state.
(b)  The department shall establish an installation inspection program in which at least 75 percent of installed manufactured homes are inspected on a sample basis for compliance with the standards and rules adopted and orders issued by the director.  The program must place priority on inspecting multisection homes and homes installed in Wind Zone II counties.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(5), eff. September 1, 2017.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(5), eff. September 1, 2017.
(e)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(5), eff. September 1, 2017.
(f)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(5), eff. September 1, 2017.
(g)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(5), eff. September 1, 2017.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 74.07, eff. September 28, 2011.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(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 G. Inspections and Monitoring › Section 1201.304. Inspection Search Warrants

Sec. 1201.304.  INSPECTION SEARCH WARRANTS.  If required by law or otherwise necessary, the director may obtain an inspection search warrant.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.