PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CHAPTER 80. MANUFACTURED HOUSING
The Manufactured Housing Division of the Texas Department of Housing and Community Affairs (Department) adopts amendments to §§80.3, 80.90, 80.93 and 80.100. Section 80.100 is adopted with non-substantive changes to the text as published in the April 11, 2008, issue of the Texas Register (33 TexReg 2881) and will be republished. Sections 80.3, 80.90, and 80.93 are adopted without changes and will not be republished.
The adopted amendments add additional rules and forms to comply with House Bill 1460 that was passed by the 80th Legislature (2007 Regular Session) and became effective on January 1, 2008.
The rules are effective thirty (30) days following the date of publication with the Texas Register of notice that the rule has been adopted.
There were no comments received during the comment period and no requests were received for a public hearing to take comments on the rules.
Except as noted below, the rules as proposed on April 11, 2008, are adopted as final rules with the following non-substantive changes.
Section 80.100(a) - Renumbered list because the proposed form (39) is being withdrawn to re-propose with substantive changes.
Section 80.100(b)(39) - Withdrawing Statement from Tax Assessor-Collector and renumbered subsection (b)(40) to (b)(39).
Figure: 10 TAC §80.100(b)(39) - Withdrawing the new Statement from Tax Assessor-Collector form to re-propose with substantive changes regarding payment of estimated taxes for the present year and placing the payment in escrow. Renumbered the Notice of Intent to Acquire Ownership of an Abandoned Manufactured Home form from §80.100(b)(40) to (b)(39).
Section 80.100(b)(40) - Renumbered subsection (b)(41) to (b)(40).
Figure: 10 TAC §80.100(b)(40) - Renumbered the Affidavit of Fact for Abandonment form from §80.100(b)(41) to (b)(40).
Section 80.100(b)(41) - Renumbered subsection (b)(42) to (b)(41).
Figure: 10 TAC §80.100(b)(41) - Renumbered the Disclosure to Consumer if Financing Does Not Close from §80.100(b)(42) to (b)(41).
Section 80.100(b)(42) - Renumbered subsection (b)(43) to (b)(42).
Figure: 10 TAC §80.100(b)(42) - Renumbered the Application for Salesperson's License Renewal form from §80.100(b)(43) to (b)(42).
Section 80.100(b)(43) - Renumbered subsection (b)(44) to (b)(43).
Figure: 10 TAC §80.100(b)(43) - Renumbered the Application for Instruction Providers from §80.100(b)(44) to (b)(43).
Section 80.100(b)(44) - Removed paragraph because it is renumbered as §80.100(b)(43).
Figure: 10 TAC §80.100(b)(44) - Moved Application for Instruction Providers form to §80.100(b)(43).
The following is a restatement of the rules' factual basis:
Section 80.3(m) is adopted (without changes) relating to fee refunds by the Department to comply with §1201.059(d) of the Standards Act.
Section 80.90(g) is adopted (without changes) to add a new subsection for the holder or servicer of loan to elect a home real property when the title company or attorney fails to complete conversion. The new subsection is added to comply with §1201.2055(i)(3) of the Standards Act.
Section 80.90(h) is adopted (without changes) to add a new subsection for requiring an affidavit of fact when submitting an application for SOL pursuant to the abandonment provision in §1201.217 of the Standards Act.
Figure: 10 TAC §80.93(b) is adopted (without changes) to revise the tax lien layout form because the Department cannot accept dummy numbers (999-999-99) in lieu of a taxing entity number or central tax collector number when filing a lien.
Section 80.100(a) is adopted (with changes) to amend the list of forms by revising existing forms and adding new forms to the list.
Figure: 10 TAC §80.100(b)(1) is adopted (without changes) to revise the Application for Manufacturer's License by adding a column for the date of birth.
Figure: 10 TAC §80.100(b)(2) is adopted (without changes) to revise the Application for License for a Retailer, Broker, Installer and/or Rebuilder by adding a column for the date of birth.
Figure: 10 TAC §80.100(b)(4) is adopted (without changes) to revise the Application for Salesperson's License by updating the education requirements information in the certification section.
Figure: 10 TAC §80.100(b)(16) is adopted (without changes) to revise the Notice of Installation form by removing the Installation Decal Number field because the proposal to issue decal numbers was not implemented when new rules were adopted in December of 2007, corrected the number of days required to submit the form from 15 to 7 days to comply with the Standards Act, and added a section for the Department to report the inspection results.
Figure: 10 TAC §80.100(b)(19) is adopted (without changes) to revise the Application for Statement of Ownership and Location by adding 2(b), 4(c), 4(d), home identification at the top of the 2nd page, and lienholder contact information in Block 8.
Figure: 10 TAC §80.100(b)(20) is adopted (without changes) to delete the Application for Correction to a Statement of Ownership and Location and replace it with new Affidavit of Fact for Real Property form.
Figure: 10 TAC §80.100(b)(24) is adopted (without changes) to replace the Affidavit of Fact for Incomplete SOL with Addendum to Application for SOL that does not require the form to be notarized.
Figure: 10 TAC §80.100(b)(31) is adopted (without changes) to revise the Notice of Lien to Perfect a Lien (Other than Tax Lien) by removing the requirement to notarize signatures in Block 3 and adding Block 4 for lien assignments.
Figure: 10 TAC §80.100(b)(32) is adopted (without changes) to revise Notification of Filing Status as a Central Tax Collector by correcting the block number for Notarized Signature Required from Block 3 to Block 4 and the number on page 2 from Block 2 to Block 3.
Figure: 10 TAC §80.100(b)(35) is adopted (without changes) to revise form by adding requirement to attach list of related persons as required by §1201.103 of the Standards Act.
Figure: 10 TAC §80.100(b)(38) is adopted (without changes) to add new Probationary Installation (Form T) form to comply with §1201.104(f) of the Standards Act.
Figure: 10 TAC §80.100(b)(39) is withdrawn to add new Statement from Tax Assessor-Collector form to meet requirements of §1201.206(g) of the Standards Act.
Figure: 10 TAC §80.100(b)(40) is adopted (with changes) to add new Notice of Intent to Acquire Ownership of an Abandoned Manufactured Home form to comply with §1201.217 of the Standards Act. Renumbered form from (b)(40) to (b)(39).
Figure: 10 TAC §80.100(b)(41) is adopted (with changes) to add new Affidavit of Fact for Abandonment form to comply with §1201.217 of the Standards Act. Renumbered form from (b)(41) to (b)(40).
Figure: 10 TAC §80.100(b)(42) is adopted (with changes) to add new Disclosure to Consumer relating to occupying a manufactured home before financing is closed required by §1201.513 of the Standards Act. Renumbered form from (b)(42) to (b)(41).
Figure: 10 TAC §80.100(b)(43) is adopted (with changes) to add new Application for Salesperson's License Renewal to comply with §1201.103 of the Standards Act. Renumbered form from (b)(43) to (b)(42).
Figure: 10 TAC §80.100(b)(44) is adopted (with changes) to add new Application for Educational Instruction Providers to comply with §1201.104(e) of the Standards Act and 10 TAC, Chapter 80, §80.41(c). Renumbered form from (b)(44) to (b)(43).
SUBCHAPTER A. CODES, STANDARDS, TERMS, FEES AND ADMINISTRATION
The amendments are adopted under the Texas Manufactured Housing Standards Act, Occupations Code, Chapter 1201, §1201.052, which provides the department with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and under Texas Government Code, Chapter 2306, §2306.6014 and §2306.6020, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.
No other statutes, codes, or articles are affected by the amendments.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 19, 2008.
TRD-200803169
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Effective date: August 3, 2008
Proposal publication date: April 11, 2008
For further information, please call: (512) 475-2206
The amendments are adopted under the Texas Manufactured Housing Standards Act, Occupations Code, Chapter 1201, §1201.052, which provides the department with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and under Texas Government Code, Chapter 2306, §2306.6014 and §2306.6020, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.
No other statutes, codes, or articles are affected by the amendments.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 19, 2008.
TRD-200803170
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Effective date: August 3, 2008
Proposal publication date: April 11, 2008
For further information, please call: (512) 475-2206
The amendments are adopted under the Texas Manufactured Housing Standards Act, Occupations Code, Chapter 1201, §1201.052, which provides the department with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and under Texas Government Code, Chapter 2306, §2306.6014 and §2306.6020, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.
No other statutes, codes, or articles are affected by the amendments.
§80.100.List of Forms.
(a) The following list is in numerical order with the forms located in subsection (b) of this section.
(1) Application for Manufacturer's License.
(2) Application for Retailer, Broker, Installer and/or Rebuilder's License.
(3) Application for Retailer with Branch Locations License.
(4) Application for Salesperson's License.
(5) Licensing Surety Bond.
(6) Licensing Security Agreement.
(7) Manufacturer's Certificate of Origin (MCO).
(8) Consumer Disclosure Statement.
(9) Warranty and Disclosure for a Used Manufactured Home.
(10) Retail Monitoring Checklist.
(11) Consumer Notice of Licensed and Bonded Location.
(12) Notice and Informed Consent to Installation on an Improperly Prepared Site.
(13) Formaldehyde Notice.
(14) Texas Inventory Finance Security Form.
(15) Broker Disclosure Form.
(16) Notice of Installation (Form T).
(17) Installation Checklist.
(18) Estimate for Reassigned Warranty Work.
(19) Application for Statement of Ownership and Location.
(20) Affidavit of Fact for Real Property.
(21) Affidavit of Fact.
(22) Affidavit of Error.
(23) Affidavit of Fact for Right of Survivorship.
(24) Addendum to Application for SOL.
(25) Release or Foreclosure of Lien (Form B).
(26) Statement of Inheritance (Form C).
(27) Taxing Entity Application for Texas Seal (Form S).
(28) Multiple Application Log (Form M).
(29) Instructions to Third Party Closer.
(30) Notice of Lien for Tax Lien/Release Form.
(31) Notice of Lien to Perfect a Lien (Other than Tax Lien) Form.
(32) Notification of filing status as a Central Tax Collector.
(33) Site Preparation Notice Form.
(34) Sample of Statement of Ownership and Location.
(35) Application for License Renewal (other than a salesperson).
(36) Right of Rescission Waiver Form.
(37) List of Unlicensed Installers Form.
(38) Probationary Notice of Installation (Form T).
(39) Notice of Intent to Acquire Ownership of an Abandoned Home.
(40) Affidavit of Fact for Abandonment.
(41) Disclosure to Consumer (Possible Need to Vacate Home if Financing does not Close).
(42) Application for Salesperson's License Renewal.
(43) Application for License Instruction Provider.
(b) Forms.
(1) Application for Manufacturer's License.
Figure: 10 TAC §80.100(b)(1) (.pdf)
(2) Application for Retailer, Broker, Installer and/or Rebuilder's License.
Figure: 10 TAC §80.100(b)(2) (.pdf)
(3) Application for Retailer with Branch Locations License.
Figure: 10 TAC §80.100(b)(3) (No change.)
(4) Application for Salesperson's License.
Figure: 10 TAC §80.100(b)(4) (.pdf)
(5) Licensing Surety Bond.
Figure: 10 TAC §80.100(b)(5) (No change.)
(6) Licensing Security Agreement.
Figure: 10 TAC §80.100(b)(6) (No change.)
(7) Manufacturer's Certificate of Origin (MCO).
Figure: 10 TAC §80.100(b)(7) (No change.)
(8) Consumer Disclosure Statement.
Figure: 10 TAC §80.100(b)(8) (No change.)
(9) Warranty and Disclosure for a Used Manufactured Home.
Figure: 10 TAC §80.100(b)(9) (No change.)
(10) Retail Monitoring Checklist.
Figure: 10 TAC §80.100(b)(10) (No change.)
(11) Consumer Notice of Licensed and Bonded Location.
Figure: 10 TAC §80.100(b)(11) (No change.)
(12) Notice and Informed Consent to Installation on an Improperly Prepared Site.
Figure: 10 TAC §80.100(b)(12) (No change.)
(13) Formaldehyde Notice.
Figure: 10 TAC §80.100(b)(13) (No change.)
(14) Texas Inventory Finance Security Form.
Figure: 10 TAC §80.100(b)(14) (No change.)
(15) Broker Disclosure Form.
Figure: 10 TAC §80.100(b)(15) (No change.)
(16) Notice of Installation (Form T).
Figure: 10 TAC §80.100(b)(16) (.pdf)
(17) Installation Checklist.
Figure: 10 TAC §80.100(b)(17) (No change.)
(18) Estimate for Reassigned Warranty Work.
Figure: 10 TAC §80.100(b)(18) (No change.)
(19) Application for Statement of Ownership and Location.
Figure: 10 TAC §80.100(b)(19) (.pdf)
(20) Affidavit of Fact for Real Property.
Figure: 10 TAC §80.100(b)(20) (.pdf)
(21) Affidavit of Fact.
Figure: 10 TAC §80.100(b)(21) (No change.)
(22) Affidavit of Error.
Figure: 10 TAC §80.100(b)(22) (No change.)
(23) Affidavit of Fact for Right of Survivorship.
Figure: 10 TAC §80.100(b)(23) (No change.)
(24) Addendum to Application for SOL.
Figure: 10 TAC §80.100(b)(24) (.pdf)
(25) Release or Foreclosure of Lien (Form B).
Figure: 10 TAC §80.100(b)(25) (No change.)
(26) Statement of Inheritance (Form C).
Figure: 10 TAC §80.100(b)(26) (No change.)
(27) Taxing Entity Application for Texas Seal (Form S).
Figure: 10 TAC §80.100(b)(27) (No change.)
(28) Multiple Application Log (Form M).
Figure: 10 TAC §80.100(b)(28) (No change.)
(29) Instructions to Third Party Closer.
Figure: 10 TAC §80.100(b)(29) (No change.)
(30) Notice of Lien for Tax Lien/Release Form.
Figure: 10 TAC §80.100(b)(30) (No change.)
(31) Notice of Lien to Perfect a Lien (Other than Tax Lien) Form.
Figure: 10 TAC §80.100(b)(31) (.pdf)
(32) Notification of filing status as a Central Tax Collector.
Figure: 10 TAC §80.100(b)(32) (.pdf)
(33) Site Preparation Notice Form.
Figure: 10 TAC §80.100(b)(33) (No change.)
(34) Sample of Statement of Ownership and Location.
Figure: 10 TAC §80.100(b)(34) (No change.)
(35) Application for License Renewal (other than a salesperson).
Figure: 10 TAC §80.100(b)(35) (.pdf)
(36) Right of Rescission Waiver Form.
Figure: 10 TAC §80.100(b)(36) (No change.)
(37) List of Unlicensed Installers Form.
Figure: 10 TAC §80.100(b)(37) (No change.)
(38) Probationary Notice of Installation (Form T).
Figure: 10 TAC §80.100(b)(38) (.pdf)
(39) Notice of Intent to Acquire Ownership of Abandoned Manufactured Home.
Figure: 10 TAC §80.100(b)(39) (.pdf)
(40) Affidavit of Fact for Abandonment.
Figure: 10 TAC §80.100(b)(40) (.pdf)
(41) Disclosure to Consumer (Possible Need to Vacate Home if Financing does not close).
Figure: 10 TAC §80.100(b)(41) (.pdf)
(42) Application for Salesperson's License Renewal.
Figure: 10 TAC §80.100(b)(42) (.pdf)
(43) Application for License Instruction Providers.
Figure: 10 TAC §80.100(b)(43) (.pdf)
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 19, 2008.
TRD-200803171
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Effective date: August 3, 2008
Proposal publication date: April 11, 2008
For further information, please call: (512) 475-2206