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 (the "Department") proposes new 10 TAC Chapter 80, §80.94 and proposes to amend §§80.3, 80.25, 80.32, 80.33, 80.40, 80.41, 80.90, 80.92, and 80.100, relating to the regulation of the manufactured housing program. The rules are revised to comply with HB 2238 (81st Legislative Session, 2009), Federal Regulations, and for clarification purposes.
Section 80.3(b)(2): Statutory compliance with §1201.104(f) revised by HB 2238.
Section 80.3(k)(2): Statutory compliance with §1201.009 revised by HB 2238 and to enable the user enhancements available with the new system.
Section 80.25(i)(3) and (4): To comply with Federal Regulations.
Section 80.25(k)(3): To comply with Federal Regulations.
Section 80.32(b): To comply with 24 CFR §3288.5 of the Federal Regulations.
Section 80.33(g): Statutory compliance with §1201.104(f) revised by HB 2238.
Section 80.33(k)(3): Statutory compliance with federal mandates charging installers with the responsibility of site preparation for all new homes. This provision can only apply to used homes.
Section 80.40(e): Statutory compliance, insurance requirement repealed by HB 2238.
Section 80.41(a): Statutory compliance, insurance requirement repealed by HB 2238.
Section 80.41(a)(2)(A): Statutory compliance with §1201.104(f) revised by HB 2238.
Section 80.41(a)(2)(B): Statutory compliance with §1201.104(f) revised by HB 2238.
Section 80.41(a)(2)(C): Statutory compliance with §1201.104(f) revised by HB 2238.
Section 80.41(d)(2): Statutory compliance with §1201.104(e) revised by HB 2238. Live courses are no longer required.
Section 80.41(d)(3): Statutory compliance with §1201.104(e) revised by HB 2238. Live courses are no longer required.
Section 80.41(d)(4)(E): Statutory compliance with §1201.104(e) revised by HB 2238. Live courses are no longer required.
Section 80.90(c)(2)(C): Statutory compliance with §1201.058(e), revised by HB 2238, only permits the waiving of a fee if the Governor by executive order or proclamation declares a state of disaster under Chapter 418.
Section 80.92(b): Statutory compliance with §1201.204(c) revised by HB 2238.
New §80.94: The report that is provided by hardcopy each month to the county tax assessor-collectors and county appraisal districts can be provided electronically, if requested.
Section 80.100(a)(30): Revised the title of the form from Notice of Lien for Tax Lien/Release to Notice of Tax Lien/Release.
Section 80.100(a)(31): Removing the Notice of Lien (Other than a Tax Lien) form and replacing with the new Dispute Resolution form.
Section 80.100(a)(38): Revised the name of the from for statutory compliance with §1201.104(f) revised by HB 2238.
Section 80.100(a)(43): Revised the name of the form from Application for License Instruction Provider to Application for Continuing Education Provider.
Figure: 10 TAC §80.100(b)(1): Revised to correct errors in the block for the Department's use.
Figure: 10 TAC §80.100(b)(2): Statutory compliance, insurance requirement repealed by HB 2238. Added a field for date of birth in Block 9 to make it easier to run criminal history checks on related persons.
Figure: 10 TAC §80.100(b)(3): Statutory compliance, insurance requirement repealed by HB 2238.
Figure: 10 TAC §80.100(b)(4): Statutory compliance with §1201.103(d)(1) and §1201.104(c) revised by HB 2238.
Figure: 10 TAC §80.100(b)(7): Statutory compliance with §1201.204(c) revised by HB 2238. By emphasizing this requirement as a footer on the form, it may reduce the likelihood of being forgotten or not submitted, as is the case now.
Figure: 10 TAC §80.100(b)(11): Revised form to correct grammatical and formatting errors.
Figure: 10 TAC §80.100(b)(14): Statutory compliance with §1201.009 and §1201.204(c) revised by HB 2238.
For changes to comply with §1201.204(c): Need language directing the creditor to specify each home secured so they can be notified if we're made aware that the home is sold out of trust (current filing process doesn't specify each home covered under the TIF). Include summary as second page so homes can be specified by label and serial number(s).
For changes to comply with §1201.009: Adding a file number will enable the user to update the homes secured under the filing, electronically (with the new system).
Figure: 10 TAC §80.100(b)(16): Revised form to correct grammatical and formatting errors.
Figure: 10 TAC §80.100(b)(17): To comply with the Federal Regulations relating to smoke alarms (§3285.703), water testing (§3285.603(e) and §3280.612) and drainage testing (§3285.605(c)).
Figure: 10 TAC §80.100(b)(19): Statutory compliance with §§1201.2055(b), 1201.2055(i), and 1201.219(b) revised by HB 2238. The revisions improve efficiency by incorporating the filing of a mortgage lien on the SOL application and eliminating the Notice of Lien (Other than a Tax Lien) form. The notary requirement was repealed in HB 2238.
Figure: 10 TAC §80.100(b)(24): Added election back into form since HB 2238 repealed the notary requirement in §1201.2055(b). This will improve efficiency since it eliminates the Analyst from having to make a copy of the application for the applicant to make election and lets us utilize the addendum.
Figure: 10 TAC §80.100(b)(27): Removed payment information because there is no fee for taxing entities to obtain a Texas Seal.
Figure: 10 TAC §80.100(b)(29): Statutory compliance with §1201.206(a) revised by HB 2238.
Figure: 10 TAC §80.100(b)(30): Revised the title of the form, contact phone numbers, signature lines, and information in the section for Department use.
New Figure: 10 TAC §80.100(b)(31): The new Dispute Resolution form is added to comply with Federal Regulations, 24 CFR §3288.5.
Figure: 10 TAC §80.100(b)(31): Deleting the Notice of Lien (Other than a Tax Lien) form because no separate form is needed since §1201.219(b), revised by HB 2238, enables the notice to be incorporated in the Statement of Ownership and Location form.
Figure: 10 TAC §80.100(b)(35): Statutory compliance with §1201.114(a) and §1201.113.
Figure: 10 TAC §80.100(b)(38): Statutory compliance with §1201.104(f) revised by HB 2238 and formatting corrections.
Figure: 10 TAC §80.100(b)(39): Statutory compliance with §1201.217(b) revised by HB 2238, which requires that notice be also given to any known intervening owners of liens or equitable interest.
Figure: 10 TAC §80.100(b)(40): Statutory compliance with §1201.217(b) and (f) revised by HB 2238.
Figure: 10 TAC §80.100(b)(42): Statutory compliance with §1201.103(d)(1) and §1201.113 revised by HB 2238.
Figure: 10 TAC §80.100(b)(43): Revised the title from Application for License Instruction Providers to Application for Continuing Education Providers.
Joe A. Garcia, Executive Director of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, has determined that for the first five-year period that the proposed rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering these sections. There will be no effect on small or micro-businesses because of the proposed amendments. There are no anticipated economic costs to persons who are required to comply with the proposed rules.
Except for the above, there are no other proposed amendments expected to have material economic costs to persons/businesses that are required to comply with the proposed rules.
Mr. Garcia also has determined that for each year of the first five years that the proposed rules are in effect the public benefit as a result of enforcing the amendments will be to provide clarification of procedures and compliance with the Standards Act and Federal Regulations.
Mr. Garcia has also determined that for each year of the first five years the proposed rules are in effect there should be no adverse effect on a local economy, and therefore no local employment impact statement is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.
If requested, the Department will conduct a public hearing on this rulemaking, pursuant to the Administrative Procedure Act, Texas Government Code §2001.029. The request for a public hearing must be received by the Department within 15 days after publication.
Comments may be submitted to Joe A. Garcia, Executive Director of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, P.O. Box 12489, Austin, Texas 78711-2489 or by e-mail at the following address joe.garcia@tdhca.state.tx.us. The deadline for comments is no later than 30 days from the date that these proposed rules are published in the TexasRegister.
SUBCHAPTER A. CODES, STANDARDS, TERMS, FEES AND ADMINISTRATION
The amended section is proposed 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 proposed amendments.
§80.3.Fees.
(a) (No change.)
(b) Installation Fees:
(1) (No change.)
(2) The reporting fee must be submitted to the Department
with the completed Notice of Installation (Form T) no later than seven
(7) days after which the installation is completed, but not later
than three (3) days for [probationary] installers
with a provisional license.
(3) (No change.)
(c) - (j) (No change.)
(k) Method of Payment.
(1) (No change.)
(2) All fees for available electronic transactions [
license renewals] may also be paid by credit card or ACH, if
submitted through Texas Online.
(l) - (m) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 10, 2009.
TRD-200903461
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: September 20, 2009
For further information, please call: (512) 475-2206
The amended section is proposed 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 proposed amendments.
§80.25.Generic Standards for Multi-Section Connections Standards.
(a) - (h) (No change.)
(i) Drain, Waste and Vent System (DWV):
(1) - (2) (No change.)
(3) Water testing: At the time of installation the water system must be inspected and tested for leaks after completion at the site (the water heater must be disconnected when using an air-only test).
(4) Drainage system testing: At the time of installation the drainage system must be inspected and tested for leaks after completion at the site.
(j) (No change.)
(k) Fuel Gas Piping Systems:
(1) - (2) (No change.)
(3) The gas system must be inspected and tested for leaks after completion at the site.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 10, 2009.
TRD-200903462
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: September 20, 2009
For further information, please call: (512) 475-2206
The amended sections are proposed 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 proposed amendments.
§80.32.Retailers' Responsibilities and Requirements.
(a) (No change.)
(b) At the time of signing a contract for the sale or lease of a manufactured home, the retailer must disclose to the purchaser, a notice of the existence of a Dispute Resolution Program through HUD, either on a separate document from the sales contract or it may be incorporated clearly at the top of the sales contract. Disclosure of this requirement should be acknowledged by the consumer.
(c) [(b)] A retailer shall timely
provide each consumer who acquires a manufactured home by sale, exchange,
or lease purchase the applicable warranty or warranties specified
in the Standards Act and any warranty regarding the home itself shall
specify whether the warranty includes cosmetic items or not and, if
it does include them, whether there are any limitations or special
requirements, such as a walk-through punch lists, excluded items,
or the like.
(d) [(c)] For each manufactured
home taken into a retailer's inventory, a retailer shall maintain
a copy of either a completed and timely submitted application for
a statement of ownership and location to reflect the home as inventory
or, once such a statement of ownership and location has been issued
and received, a copy of that statement of ownership and location.
(e) [(d)] For each home altered
or rebuilt from salvage a retailer shall retain the documentation
required for a rebuilder.
(f) [(e)] A retailer must provide
their company name, license number, contact information on any sales
agreement, and proof of purchase or confirmation of sale.
(g) [(f)] If a retailer relies
on a third party, such as a title company or closing attorney, to
file with the Department the required forms necessary to enable the
Department to issue a Statement of Ownership and Location to a consumer,
the retailer must provide an instruction letter to that third party,
advising them of their responsibilities to make such filings and the
required timeframes therefore. This does not relieve the retailer
from responsibility. The retailer must retain with their sale records
a copy of that instruction letter and all documentation provided to
such third party to enable them to make such filings. This optional
form is available in Subchapter I of this chapter (relating to Forms).
(h) [(g)] On a new manufactured
home and on any used manufactured home where the sale, exchange or
lease-purchase includes installation, the retailer must specify in
the applicable contract or an accompanying written disclosure the
intended date by which installation will be complete and a designated
person to contact for the current status as to the intended date for
completion of installation. For new manufactured homes, the retailer
is responsible for ensuring that a licensed installer warrants the
proper installation of the home and performs the required site preparation.
(i) [(h)] If any goods or services
being provided by a retailer in connection with the sale and/or installation
of a manufactured home, the retailer must disclose, in writing, the
goods and/or services to be provided and a good faith estimate as
to when they will be provided.
(j) [(i)] If any goods with a
retail value of more than $250 are to be provided in connection with
the sale of a manufactured home and they are not specified on the
data plate for the home, the retailer must describe them in the retail
installment contract, purchase memorandum, or other sale document
in sufficient detail to enable a third party to provide them under
the responsibility of the retailer's surety bond should the retailer
fail to provide them as agreed.
(k) [(j)] A retailer accepting
a deposit must give the consumer a written statement setting forth:
(1) the amount of such deposit;
(2) a statement of any requirements to obtain or limitations on any such refund; and
(3) the name and business address of the person receiving such deposit.
(l) [(k)] A retailer may not
represent to a consumer that is purchasing a manufactured home with
interim financing that the consumer will qualify for permanent financing
if the retailer has any reason to believe that the consumer will not
qualify for such permanent financing.
(m) [(l)] A retailer may not
increase the advertised price at which a manufactured home is to be
sold based on the consumer's decision to make the purchase with or
without financing provided by or arranged through the retailer.
(n) [(m)] A retailer may not
request or accept any document that is executed in blank or allow
any alteration to a completed document without the consumer's initialing
and dating such changes to indicate agreement to them. Where information
is not available, a statement of that fact (e.g., TBD--to be determined,
not available, N/A, not applicable, or the like) may be entered in
the blank. A consumer must be provided with copies of all documents
they execute.
(o) [(n)] A retailer may not
knowingly accept or issue any check or other form of payment appearing
on its face to be a bona fide payment but known not to represent good
funds.
(p) [(o)] A retailer may not
negotiate or offer a deposit refund of less than is required by the
Act. However, a retailer may, by written agreement with the consumer,
retain the amount of the deposit used to pay legitimate third party
costs actually incurred, such as credit report fees or courier fees.
(q) [(p)] In order to comply
with the provisions of §1201.107(d) of the Standards Act, a retailer
or broker must:
(1) have a current, in effect surety bond issued in the most recent form promulgated by the Department; and
(2) the applicable sales agreement must identify the surety bond that applies to the transaction and contain the following statement: "The above-described surety bond applies to this transaction in the following manner: The bond is issued to the Texas Manufactured Homeowners' Recovery Trust Fund (the "Fund"), a fund described in the Texas Manufactured Housing Standards Act (Tex. Occ. Code, Chapter 1201) and administered by the Director. If the Fund makes a payment to a consumer, the Fund will seek to recover under the surety bond. The obligation of the Fund to compensate a consumer for damages subject to reimbursement by the Fund is independent of the Fund's right or ability to recover from the above-described surety bond, but recoveries on surety bonds are an important part of the Fund's ability to maintain sufficient assets to compensate consumers. There can be no assurance that the Fund will have sufficient assets to compensate a consumer for a covered claim. Assuming it has sufficient assets to compensate a consumer for a covered claim, the liability of the Fund is limited to actual damages, not to exceed $35,000."
(r) [(q)] A retailer shall maintain
on a current basis a separate file for each salesperson sponsored
by that retailer reflecting:
(1) that they are licensed in accordance with the Standards Act;
(2) the date of the initial licensing class that they attended and a copy of their certificate of completion;
(3) evidence of the successful completion of any required continuing education classes that they attended; and
(4) a copy of any written notice to the Department that sponsorship was terminated and the effective date thereof.
(s) [(r)] At each licensed location,
including each branch location, a retailer shall display their current
license for that location and the current license of each salesperson
who works from that location.
(t) [(s)] At each licensed location,
including each branch location, a retailer shall conspicuously display
the Consumer Protection Information sign as set forth in Subchapter
I of this chapter.
(u) [(t)] Auction of Manufactured
Housing to Texas Consumers.
(1) A person selling more than one home to one or more consumers through an auction in a twelve (12) month period must be licensed as a retailer, each individual acting as their agent must be licensed as a salesperson, and each specific location at which an auction is held must be licensed and bonded in accordance with the Standards Act.
(2) Acting as an auctioneer may be subject to the Texas Auctioneer Act, Occupations Code, Chapter 1802.
(3) The retailer must notify this Department in writing at least thirty (30) calendar days prior to the auction with such notice to contain the date, time, and physical address and location of a proposed auction or, if they recur on a scheduled basis, of the schedule.
(v) [(u)] The written warranty
that the used manufactured home is habitable as per §1201.455
of the Standards Act, shall have been timely delivered if given to
the homeowner at or prior to possession or at the time the applicable
sales agreement is signed.
(w) [(v)] The written manufacturer's
new home construction warranty per §1201.351 of the Standards
Act, shall be timely delivered if given to the homeowner at or prior
to the time of initial installation at the consumer's home site.
§80.33.Installers' Responsibilities and Requirements.
(a) - (f) (No change.)
(g) For each installation completed, the contracting
installer must complete a Notice of Installation and submit the original,
signed form with the required fee to the Department no later than
seven (7) days after which the installation is completed, but not
later than three (3) days for [probationary
] installers witha provisional license
. If an installer submits multiple installation
reports at one time, a single payment for the combined fees may be
submitted.
(h) - (j) (No change.)
(k) Each installer shall maintain the following books and records for each installation:
(1) - (2) (No change.)
(3) if the used home is to be installed on a site that has evidence of ponding, run-off, or uncompacted soil, a signed form from the consumer, acknowledging the condition and accepting the risks, such form to be as set forth in Subchapter I of this chapter (relating to Forms) and §1201.255 of the Standards Act;
(4) - (8) (No change.)
(l) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 10, 2009.
TRD-200903463
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: September 20, 2009
For further information, please call: (512) 475-2206
The amended sections are proposed 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 proposed amendments.
§80.40.Security and Insurance Requirements.
(a) - (d) (No change.)
[(e) Each installer shall maintain
public liability insurance coverage, including completed operations
coverage in an amount of not less than $300,000 for bodily injury
each occurrence and property damage insurance in an amount of not
less than $100,000 each occurrence. A combined single limit of $300,000
will be considered to be in compliance with this section. If the applicant
will be engaged in the transportation of manufactured housing incidental
to the installation, the applicant must also have motor vehicle liability
insurance coverage in an amount of not less than $250,000 bodily injury
each person, $500,000 bodily injury each occurrence, $100,000 property
damage each occurrence. A combined single limit of $500,000 will be
considered to be in compliance with this section. Cargo insurance
on each home or transportable section of not less than $50,000 per
towing motor vehicle is required.]
[(1) At the time of initial license and on renewal, a certificate of insurance must be filed with the Department by the insurance carrier or its authorized agent certifying the name of insurer, type of insurance and insurance limit per aggregate coverage and which provides for thirty (30) calendar days notice of cancellation. If the applicant does not provide proof of the required motor vehicle liability insurance and the cargo coverage, the applicant must sign an affidavit that the applicant will not engage in any transportation of manufactured housing. If the applicant transports only his/her own property, and furnishes the Department with an affidavit attesting to that fact, cargo coverage is not required.]
[(2) An installer, also licensed as a retailer, may satisfy the insurance requirements by filing a certificate of insurance which shows that the license holder has motor vehicle-garage liability coverage including completed operations, and has dealer's physical damage (open lot) including transit insurance coverage in amounts not less than those set forth in subsection (e) of this section. If the retailer installer transports their own homes, they must show proof of collision coverage on their commercial physical damage (open lot) policy.]
[(3) If the required insurance coverage expires or is canceled, and proof of replacement coverage is not received prior to the expiration date or date of cancellation, the installer's license is automatically terminated until the licensee provides a new valid insurance.]
(e) [(f)] In order for the Board
to direct the Director to stop accepting bonds issued by a surety
for reasons outlined in §1201.105(c) of the Standards Act, the
Department experiences significant problems if:
(1) the surety fails on three (3) or more occasions to make the required reimbursement payment within thirty (30) calendar days from the date of notice from the director that a consumer claim has been paid; or
(2) is more than sixty (60) calendar days late in making a required reimbursement payment.
(f) [(g)] If the director stops
accepting bonds issued by a surety for reasons set forth in subsection
(e) [(f)] of this section, all licensees who are
bonded by the affected surety will be notified immediately so they
can supply the Department with a new valid bond when they renew their
license. If a licensee fails to supply the Department with a new valid
bond when they renew their license, their license is automatically
suspended until the licensee provides a new valid bond.
§80.41.License Requirements.
(a) General License Requirements. In order to apply
to obtain a license, the promulgated form of application for such
license must be fully completed and executed and submitted to the
Department, accompanied by the required fee, required security, [
evidence of any required insurance,
] and all other required supporting
documentation. The Department may request any reasonably related additional
information or documentation to clarify or support any application.
(1) (No change.)
(2) Additional provisions applicable to installers.
(A) A provisional [probationary]
installer's license shall become a full installer's license as outlined
in §1201.104(f) of the Standards Act when the Department inspects
a minimum of five (5) manufactured home installations and found not
to have any identified installation violations.
(B) It is the responsibility of an installer who is
still on a provisional [probationary] status
to notify the Department of each installation performed promptly.
As used in this section [Section], "promptly"
means sufficiently early to enable the home to be inspected prior
to any skirting being installed, in any event within three business
days following the date of completion of the installation.
(C) It is the responsibility of the Department's field
office to notify the Department's licensing section when a
provisional [probationary
] installer's license is eligible for
upgrade to a full installer's license.
(b) - (c) (No change.)
(d) Continuing Education.
(1) (No change.)
(2) Acceptable evidence that the requirements of §1201.113(b)
of the Standards Act have been satisfied by the license holder or
their related person on record with the Department, would be a certificate,
letter, or similar statement provided by the approved education provider
indicating that the course was timely completed. Such evidence may
be submitted by fax, mail, e-mail, or in person. [Attendance
of a continuing education course in person is a requirement.]
(3) For license renewal, evidence of any required completion [
attendance], with reference to license number,
must be received by the Department before a license may be renewed.
(4) Approval of courses and providers. In order to be considered for approval by the Board to provide continuing education courses a party wishing to be considered for such approval must submit, for each course for which approval is sought, a letter application, accompanied by the nonrefundable processing fee, and the following:
(A) - (D) (No change.)
(E) If completion of [attendance at]
the course is limited to any particular group, a description of the
limitation;
(F) - (G) (No change.)
(5) (No change.)
(e) - (f) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 10, 2009.
TRD-200903464
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: September 20, 2009
For further information, please call: (512) 475-2206
The amended and new sections are proposed 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 proposed amendments and new section.
§80.90.Issuance of Statements of Ownership and Location.
(a) - (b) (No change.)
(c) Corrections to Statements of Ownership and Location.
(1) (No change.)
(2) If a correction is requested because of an error made by a party other than the Department, the correction will not be made until the Department receives the following:
(A) A complete corrected application for Statement of Ownership and Location, and
(B) Any necessary supporting documentation.[, and]
[(C) The required fee, which can be
reduced or waived by the director for good cause.]
(d) - (h) (No change.)
§80.92.Inventory Finance Liens.
(a) (No change.)
(b) A separate form must be filed for each licensed sales location and must include a summary of homes by label or serial number, that are secured with the form.
§80.94.Report to County Tax Assessor-Collectors and County Appraisal Districts.
In order to comply with §1201.220 of the Standards Act, which requires the Department to provide a monthly report to each tax assessor-collector and county appraisal district in Texas, the Department will provide the required information by hardcopy or electronically, when possible. Section 1201.009 of the Standards Act, allows the Department, if feasible, to perform any action under this chapter by electronic means.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 10, 2009.
TRD-200903465
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: September 20, 2009
For further information, please call: (512) 475-2206
The amended section is proposed 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 proposed 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) - (29) (No change.)
(30) Notice of [Lien for] Tax Lien/Release Form.
(31) HUD Disclosure to Consumer Regarding Dispute
Resolution [Notice of Lien to Perfect a Lien (Other than
Tax Lien) Form].
(32) - (37) (No change.)
(38) [Probationary
] Notice of Installation (Form T) for Provisional Installer's License.
(39) - (42) (No change.)
(43) Application for Continuing Education [License Instruction] Provider.
(44) - (46) (No change.)
(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) (.pdf)
(4) Application for Salesperson's License.
Figure: 10 TAC §80.100(b)(4) (.pdf)
(5) - (6) (No change.)
(7) Manufacturer's Certificate of Origin (MCO).
Figure: 10 TAC §80.100(b)(7) (.pdf)
(8) - (10) (No change.)
(11) Consumer Notice of Licensed and Bonded Location.
Figure: 10 TAC §80.100(b)(11) (.pdf)
(12) - (13) (No change.)
(14) Texas Inventory Finance Security Form.
Figure: 10 TAC §80.100(b)(14) (.pdf)
(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) (.pdf)
(18) (No change.)
(19) Application for Statement of Ownership and Location.
Figure: 10 TAC §80.100(b)(19) (.pdf)
(20) - (23) (No change.)
(24) Addendum to Application for SOL.
Figure: 10 TAC §80.100(b)(24) (.pdf)
(25) - (26) (No change.)
(27) Taxing Entity Application for Texas Seal (Form S).
Figure: 10 TAC §80.100(b)(27) (.pdf)
(28) (No change.)
(29) Instructions to Third Party Closer.
Figure: 10 TAC §80.100(b)(29) (.pdf)
(30) Notice of [Lien for] Tax Lien/Release Form.
Figure: 10 TAC §80.100(b)(30) (.pdf)
(31) HUD Disclosure to Consumer Regarding Dispute
Resolution [Notice of Lien to Perfect a Lien (Other than
Tax Lien) Form].
Figure: 10 TAC §80.100(b)(31) (.pdf)
[Figure: 10 TAC §80.100(b)(31)]
(32) - (34) (No change.)
(35) Application for License Renewal (other than a salesperson).
Figure: 10 TAC §80.100(b)(35) (.pdf)
(36) - (37) (No change.)
(38) [Probationary] Notice of Installation
(Form T) for Provisional Installer's License.
Figure: 10 TAC §80.100(b)(38) (.pdf)
(39) Notice of Intent to Acquire Ownership of an 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) (No change.)
(42) Application for Salesperson's License Renewal.
Figure: 10 TAC §80.100(b)(42) (.pdf)
(43) Application for Continuing Education [
License Instruction] Provider.
Figure: 10 TAC §80.100(b)(43) (.pdf)
(44) - (46) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 10, 2009.
TRD-200903466
Joe A. Garcia
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: September 20, 2009
For further information, please call: (512) 475-2206