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") adopts with non-substantive changes
amendments to §§80.208, 80.240 and 80.260. The rules will be republished.
The proposed rule was published in the May 26, 2006, issue of the
Texas Register
(31 TexReg 4299).
The proposed amendment to §80.11(28) is withdrawn and may be reproposed
in §80.133 in the future, which was found to be a more accurate location
for the text. The proposed amendment to §80.119(b)(3) is withdrawn because
of opposition to the proposal.
The rules will be effective thirty (30) days following the date of publication
with the Texas Register of notice that the rule has been adopted.
A public hearing was held on June 26, 2006. The following interested groups
or associations presented comments either at the hearing or in writing: Texas
Manufactured Housing Association ("TMHA").
Section 80.208: TMHA suggested the Department change the term "Taxing Unit"
to "Taxing Entity" to avoid confusion since "Unit" is used to describe a manufactured
home section. The Department agrees to change the term.
Figure: 10 TAC §80.240(a)(13): TMHA suggested the Department change
the term "Taxing Unit" to "Taxing Entity" to avoid confusion since "Unit"
is used to describe a manufactured home section. The Department agrees to
change the term.
Figure: 10 TAC §80.260(a)(14) and (a)(15): TMHA suggested the Department
change the term "Taxing Unit" to "Taxing Entity" to avoid confusion since
"Unit" is used to describe a manufactured home section. The Department agrees
to change the term.
Except as noted below, the rules as proposed on May 26, 2006, are adopted
as final rules with the following non-substantive changes.
Section 80.208(d) - Changed "taxing unit" to "taxing entity."
Figure: 10 TAC §80.240(a)(13) - Changed "taxing unit" to "taxing entity."
Figure: 10 TAC §80.260(a)(14) - Changed "taxing unit" to "taxing entity."
Figure: 10 TAC §80.260(a)(15) - Changed "taxing unit" to "taxing entity."
The following is a restatement of the rules' factual basis:
Section 80.208 is adopted (with changes) to revise subsection (a) to address
filing tax liens manually and add new subsection (b) to address filing tax
liens electronically. Also, subsection (d) is added to provide a method for
tax collectors who file for multiple taxing entities to file as a central
tax collector under a single taxing entity ID number. It is not a requirement
for tax collectors that file for multiple taxing entities to file as a central
tax collector.
Figure: 10 TAC §80.208(b) - the proposal to relocate the tax lien
form to §80.260(a)(14) is adopted (without changes).
Section 80.240(a)(13) - The layout example for filing tax liens electronically
is adopted (with changes).
Figure: 10 TAC §80.240(a)(13) - Tax lien layout for electronically
filed tax liens is adopted (with changes).
Section 80.260(a)(14) and (15) - is adopted (with changes) relating to
moving the tax lien form from §80.208(b) and adding a new form for tax
collectors to file as a central tax collector if they file for multiple taxing
entities.
Figure: 10 TAC §80.260(a)(14) - is adopted (with changes) relating
to moving the tax lien form from §80.208(b) and revising the certification
statements in blocks 2 and 3 to address certifying as a central tax collector.
Figure: 10 TAC §80.260(a)(15) - is adopted (with changes) relating
to adding a new form for tax collectors to file as a central tax collector
if they collect for multiple taxing entities.
Subchapter G. STATEMENTS OF OWNERSHIP AND LOCATION
10 TAC §80.208
The amended rules 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, which authorizes the director to administer
and enforce the manufactured housing program through the Manufactured Housing
Division.
No other statute, code, or article is affected by the adopted rules.
§80.208.Recording Tax Liens on Manufactured Homes.
(a)
Manually filed tax liens shall be filed with the Department
using the form provided in §80.260(a)(14) of this title (relating to
Required and Optional Forms). No other form will be accepted for the manual
filing of tax liens. The form must be properly completed.
(b)
Electronically filed tax liens and tax lien releases shall
be filed with the Department using the required file layout as provided in §80.240(a)(13)
of this title (relating to Tables and Figures). No other format will be accepted
for electronic filing of tax liens.
(c)
For tax liens recorded after June 18, 2005, but prior to
the effective date of these rules, those tax liens relating to tax years prior
to 2001 will be disregarded and will not be treated as having been recorded.
(d)
If a tax collector wishes, it may file as a central tax
collector under a single taxing entity ID number, in which case the liens
recorded or released under that taxing entity ID number will extend to all
liens created for tax obligations to the taxing entity for which the filer
collects. In order, however, to file as a central collector, the filer must
complete and provide to the Department the form set out in §80.260(a)(15)
of this title (relating to Required and Optional Forms).
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 July 24, 2006.
TRD-200603870
Timothy K. Irvine
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Effective date: September 3, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 475-2206
10 TAC §80.240
The amended rules 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, which authorizes the director to administer
and enforce the manufactured housing program through the Manufactured Housing
Division.
No other statute, code, or article is affected by the adopted rules.
§80.240.Tables and Figures.
(a)
Tables.
(1)
Maximum Spacing for Diagonal Ties.
Figure: 10 TAC §80.240(a)(1) (No change.)
(2)
Minimum Number of Diagonal Ties.
Figure: 10 TAC §80.240(a)(2) (No change.)
(3)
Maximum Spacing for Diagonal Ties (Wind Zone II) per side
of the Assembled Unit.
Figure: 10 TAC §80.240(a)(3) (No change.)
(4)
Bracket Installation - Maximum Centerline Wall Opening
for Column Uplift Brackets.
Figure: 10 TAC §80.240(a)(4) (No change.)
(5)
Floor Connections - Wind Zone I and II.
Figure: 10 TAC §80.240(a)(5) (No change.)
(6)
Roof Connection - Fastener Type and Spacing.
Figure: 10 TAC §80.240(a)(6) (No change.)
(7)
Main Panel Box Feeder Conductor Sizes.
Figure: 10 TAC §80.240(a)(7) (No change.)
(8)
Footer Capacities.
Figure: 10 TAC §80.240(a)(8) (No change.)
(9)
Pier Loads without Perimeter Supports.
Figure: 10 TAC §80.240(a)(9) (No change.)
(10)
Pier Loads with Perimeter Supports.
Figure: 10 TAC §80.240(a)(10) (No change.)
(11)
Mating Line Column Loads.
Figure: 10 TAC §80.240(a)(11) (No change.)
(12)
Enforcement Matrix.
Figure: 10 TAC §80.240(a)(12) (No change.)
(13)
Tax Lien Layout for Electronically Filed Tax Liens.
Figure: 10 TAC §80.240(a)(13) (.pdf)
(b)
Figures.
(1)
Counties Located in Wind Zone II.
Figure: 10 TAC §80.240(b)(1) (No change.)
(2)
Anchor Installation.
Figure: 10 TAC §80.240(b)(2) (No change.)
(3)
Placement of Stabilizing Devices.
Figure: 10 TAC §80.240(b)(3) (No change.)
(4)
Wind Zone I Installation (Single & Multi-Section).
Figure: 10 TAC §80.240(b)(4) (No change.)
(5)
Diagonal Strap Placement for Piers Exceeding 36 in. in
Height.
Figure: 10 TAC §80.240(b)(5) (No change.)
(6)
Diagonal and Vertical Ties.
Figure: 10 TAC §80.240(b)(6) (No change.)
(7)
Typical Installation Details.
Figure: 10 TAC §80.240(b)(7) (No change.)
(8)
Anchor Span.
Figure: 10 TAC §80.240(b)(8) (No change.)
(9)
Typical Longitudinal Stabilizing Device.
Figure: 10 TAC §80.240(b)(9) (No change.)
(10)
Longitudinal Ties.
Figure: 10 TAC §80.240(b)(10) (No change.)
(11)
Mating Line Surfaces.
Figure: 10 TAC §80.240(b)(11) (No change.)
(12)
Floor Connections.
Figure: 10 TAC §80.240(b)(12) (No change.)
(13)
Endwall Connections.
Figure: 10 TAC §80.240(b)(13) (No change.)
(14)
Roof Connection.
Figure: 10 TAC §80.240(b)(14) (No change.)
(15)
Exterior Roof Close Up.
Figure: 10 TAC §80.240(b)(15) (No change.)
(16)
HVAC (Heat/Cooling) Duct Crossover.
Figure: 10 TAC §80.240(b)(16) (No change.)
(17)
Multi-Section Water Crossover Connections.
Figure: 10 TAC §80.240(b)(17) (No change.)
(18)
Drain, Waste and Vent Floor Piping System.
Figure: 10 TAC §80.240(b)(18) (No change.)
(19)
Chassis Bonding.
Figure: 10 TAC §80.240(b)(19) (No change.)
(20)
Electrical Crossover.
Figure: 10 TAC §80.240(b)(20) (No change.)
(21)
Fuel Gas Pipe Crossover Connections.
Figure: 10 TAC §80.240(b)(21) (No change.)
(22)
Footer Configurations.
Figure: 10 TAC §80.240(b)(22) (No change.)
(23)
Pier Design (Single and Multi-Section Stack).
Figure: 10 TAC §80.240(b)(23) (No change.)
(24)
Perimeter Pier Front & Side View.
Figure: 10 TAC §80.240(b)(24) (No change.)
(25)
Typical Multi-Section Pier Layout.
Figure: 10 TAC §80.240(b)(25) (No change.)
(26)
Typical Single Section Pier Layout.
Figure: 10 TAC §80.240(b)(26) (No change.)
(27)
Determining Column Load and Marriage Line Elevation.
Figure: 10 TAC §80.240(b)(27) (No change.)
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 July 24, 2006.
TRD-200603871
Timothy K. Irvine
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Effective date: September 3, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 475-2206
10 TAC §80.260
The amended rules 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, which authorizes the director to administer
and enforce the manufactured housing program through the Manufactured Housing
Division.
No other statute, code, or article is affected by the adopted rules.
§80.260.Required and Optional Forms.
(a)
Required Forms.
(1)
Site Preparation Notice.
Figure: 10 TAC §80.260(a)(1) (No change.)
(2)
Consumer Disclosure Statement.
Figure: 10 TAC §80.260(a)(2) (No change.)
(3)
Consumer Protection Disclosure - Chattel Mortgage Transactions.
Figure: 10 TAC §80.260(a)(3) (No change.)
(4)
Notice of Installation (Form T).
Figure: 10 TAC §80.260(a)(4) (No change.)
(5)
Estimate for Reassigned Warranty Work.
Figure: 10 TAC §80.260(a)(5) (No change.)
(6)
Application for Statement of Ownership and Location.
Figure: 10 TAC §80.260(a)(6) (No change.)
(7)
Release or Foreclosure of Lien (Form B).
Figure: 10 TAC §80.260(a)(7) (No change.)
(8)
Quick Processing Form.
Figure: 10 TAC §80.260(a)(8) (No change.)
(9)
Form M.
Figure: 10 TAC §80.260(a)(9) (No change.)
(10)
Affidavit of Fact for Right of Survivorship.
Figure: 10 TAC §80.260(a)(10) (No change.)
(11)
Retailer/Broker Disclosure Statement.
Figure: 10 TAC §80.260(a)(11) (No change.)
(12)
Warranty of Habitability.
Figure: 10 TAC §80.260(a)(12) (No change.)
(13)
Manufacturer's Certificate of Origin.
Figure: 10 TAC §80.260(a)(13) (No change.)
(14)
Tax Lien Record and Release Form.
Figure: 10 TAC §80.260(a)(14) (.pdf)
(15)
Notification of filing status as a Central Tax Collector.
Figure: 10 TAC §80.260(a)(15) (.pdf)
(b)
Optional Forms. Spanish Version of Consumer Disclosure
Statement.
Figure: 10 TAC §80.260(b) (No change.)
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 July 24, 2006.
TRD-200603872
Timothy K. Irvine
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Effective date: September 3, 2006
Proposal publication date: May 26, 2006
For further information, please call: (512) 475-2206
Chapter 313.
STATE-SPONSORED INSPECTION AND DISPUTE RESOLUTION PROCESS (SIRP)
10 TAC §§313.2, 313.5, 313.6, 313.9, 313.15, 313.16, 313.21
The Texas Residential Construction Commission adopts amendments
to 10 Texas Administrative Code (TAC) §§313.2, 313.6, and 313.21
without changes to the proposed text, as published in the March 10, 2006,
issue of the
Texas Register
(31 TexReg 1558).
The Commission also adopts amendments to 10 TAC §§313.5, 313.9,
313.15 and 313.16 with nonsubstantive changes to the proposed text, which
also was published in the March 10, 2006, issue of the
Texas Register
(31 TexReg 1558).
The amendments to these sections clarify the procedures for participation
in the state-sponsored inspection and dispute resolution process and improve
the readability of the sections.
Section 313.2 describes the actions that the commission may take if a homeowner
fails to provide thirty days notice to a builder of alleged defects prior
to filing a request for the SIRP. Section 313.5 relates to the SIRP inspection
fee. Section 313.6 sets forth the information required to file a SIRP request.
Section 313.9 describes the procedure for withdrawal if a requestor fails
to timely provide information to complete a request to participate in the
SIRP. Section 313.15 provides for a reasonable extension of time for a third-party
inspector to meet commission deadlines. Section 313.16 describes the commission's
expectations regarding the third-party inspector's duties to complete the
report, revise the report or re-inspect an alleged defect on remand. Section
313.21 clarifies the appeal process and the obligations of the appeal panel
regarding the appeal and the third-party inspector regarding any matter remanded
to him after an appeal.
No comments were received regarding the proposed amendments to the sections.
The amendments are adopted under §408.001 of the Property
Code which provides general authority for the commission to adopt rules necessary
for the implementation of Title 16, Property Code; Property Code Chapter 426
which provides for the implementation of the SIRP; and Property Code Chapter
27 which includes statutory requirements that affect users of the SIRP. The
statutory provisions affected by this adoption are those set forth in the
Title 16, Property Code Chapters 408, 426, 428 and Title 4, Property Code
Chapter 27.
Cross Reference to Statutes: Title 16, Property Code Chapters 408, 426
and 428, and Title 4, Property Code Chapter 27. No other statutes, articles,
or codes are affected by the adoption.
§313.5.Filing a Request to Initiate the SIRP.
(a)
Either the homeowner or the builder may initiate the SIRP
by filing a request with the commission.
(b)
If the affected home is not registered with the commission
at the time the request is filed, the requesting party must also register
the home with the commission by submitting a Home Registration Form and the
appropriate fee. A builder who failed to register the affected home in accordance
with Chapter 303 of this title, Registration of Homes, shall reimburse the
cost of the home registration fee if paid by the homeowner under this section.
(c)
When a person contacts the commission to initiate the SIRP,
the commission will provide the person with information necessary to file
a request, information on the applicable fees to request a third-party inspection,
the registration status of the affected home and instructions to register
an unregistered home, if applicable.
§313.9.Initial Request Review.
(a)
Upon receipt of a request to initiate the SIRP, the commission
shall review the request for eligibility to determine if the request contains
information alleging or otherwise demonstrating:
(1)
that the dispute arises from a transaction governed by
the Act;
(2)
that the request is complete and includes the required
attachments and the payment of the appropriate fees;
(3)
that the affected home is registered with the commission;
(4)
that the alleged construction defect(s) were discovered
on or after September 1, 2003;
(5)
that the request is timely under §313.4 of this chapter;
and
(6)
that the request involves a dispute between a homeowner
and a builder regarding alleged construction defect(s) giving rise to a claim
that is not:
(A)
solely for personal injury, survival, wrongful death; or
(B)
solely for damage to goods not including damage to the
home; or
(C)
for an alleged violation of §27.01, Business and Commerce
Code, regarding Fraud in Real Estate and Stock Transactions; or
(D)
based solely on a builder's wrongful abandonment of an
improvement project before completion; or
(E)
for an alleged violation of Property Code, Chapter 162,
regarding Construction Payments, Loan Receipts, and Misapplication of Trust
Funds.
(b)
If the commission determines that the request is not complete
or that the claim is not eligible for the SIRP, the commission shall notify
the requestor in writing and specify the reason(s) the request is not complete
or is ineligible for the SIRP.
(c)
A requestor who has submitted an incomplete request will
be provided an opportunity to supplement the request to cure its deficiencies.
If a requestor fails to complete a request or to provide supplemental information
requested by the commission within ten business days after the commission
has made the request, the commission will administratively withdraw the request
and refund any inspection fee paid.
(d)
If the commission determines that the claim is ineligible
for the SIRP, the commission will retain copies of all materials submitted,
return all originally submitted materials to the requestor and will refund
any inspection fee paid.
§313.15.Extension of Time.
(a)
The Executive Director may grant an extension of time for
a period of no longer than five days for any deadline imposed on the third-party
inspector under §313.13 of this chapter upon the written request of a
third-party inspector.
(b)
The Executive Director may grant an extension of time for
any deadline imposed on the third-party inspector under §313.13 of this
chapter upon receipt of a written request from either party to the SIRP.
(c)
The Executive Director shall grant an extension of time
requested under subsection (a) of this section upon a showing that the cause
for the delay was not reasonably foreseeable by the third-party inspector
when the appointment was accepted.
(d)
The Executive Director shall grant an extension under subsection
(b) of this section as follows:
(1)
for any reasonable period requested without regard to cause
if the parties to the dispute agree to the extension in writing; or
(2)
for any reasonable period requested under the circumstances
upon a showing of good cause by the requesting party or
(3)
if the other party to the dispute does not agree to an
extension.
(e)
The Executive Director's decision on whether to grant or
deny an extension of time requested under this section is a final agency decision
not subject to further administrative appeal.
§313.16.Third-Party Inspector's Report.
(a)
The third-party inspector's report shall be submitted to
the commission on the commission's Third-Party Inspection Form or in a format
substantially similar to the commission's form, so long as the report includes
all of the information required by the commission's form.
(b)
The commission shall return any third-party inspector's
report that fails to provide the required information or that includes findings,
conclusions, comments or other information outside the scope of the third-party
inspector's duties to the assigned third-party inspector for revision.
(c)
If a third-party inspector fails to revise a report returned
for revision within a reasonable time after notification of the need for revision,
the commission may consider that failure in making a determination whether
the third-party inspector has fulfilled his duties and is thus eligible for
payment and in making a determination as to whether to assign the third-party
inspector to future SIRP requests or to renew the third-party inspector's
registration under Chapter 303 of this title.
(d)
The third-party inspector shall submit his completed report
to the commission and the commission shall promptly transmit the completed
report, or revised report if required, to the homeowner and the builder.
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 July 21, 2006.
TRD-200603865
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: August 10, 2006
Proposal publication date: March 10, 2006
For further information, please call: (512) 463-2886
10 TAC §313.7
The Texas Residential Construction Commission adopts amendments
to 10 Texas Administrative Code §313.7, concerning notice of the request,
with changes to the proposed text, as published in the March 10, 2006, issue
of the
Texas Register
(31 TexReg 1558).
The changes are made to clarify the information that must be provided for
participation in the state-sponsored inspection and dispute resolution process
and to clarify the commission's procedure when a request for a SIRP is received
and a suit or arbitration is pending between the homeowner and builder.
Section 313.7 explains the items that a requestor must submit with the
request and information that a recipient of notice of a request must submit
to the commission.
Gregory Harwell of Gardere, Wynne, & Sewell, LLP, submitted written
comments on the proposed amendments via facsimile transmission on March 27,
2006. Mr. Harwell commented that §313.7(d) should be amended to delete
language that the commission determines that compliance with Subtitle D of
Title 16 is not required, because if the commission made such a determination
it would not then "proceed" with the SIRP. Mr. Harwell's comment raises a
good point--the proposed sentence as constructed would provide for the commission
to proceed with the SIRP when Title 16 does not apply. The commission will
adopt the proposed amendment for the commission to abate an inspection request
if there is pending litigation between the parties until the commission learns
of an order dismissing or abating the litigation. Rather the commission will
proceed with any eligible request for an inspection unless the parties are
ordered to abate or withdrawal the request.
All comments regarding the section, including any not specifically referenced
herein, were fully considered by the commission. The commission has made other
minor modifications to the proposed rule text for the purpose of clarifying
its intent and improving style and readability.
The amendment is adopted under §408.001 of the Property
Code which provides general authority for the commission to adopt rules necessary
for the implementation of Title 16, Property Code; Property Code Chapter 426
which provides for the implementation of the SIRP; and Property Code Chapter
27 which includes statutory requirements that affect users of the SIRP. The
statutory provisions affected by this adoption are those set forth in the
Title 16, Property Code Chapters 408 and 426; Title 4, Property Code Chapter
27 and House Bill 730, 78th Legislature, Regular Session.
Cross Reference to Statutes: Title 16, Property Code Chapters 408 and 426,
and Title 4, Property Code Chapter 27. No other statutes, articles, or codes
are affected by the adoption.
§313.7.Notice of the Request.
(a)
The requestor shall send a copy of the request and copies
of all information submitted to the commission along with the request, by
certified mail, return receipt requested, to all other interested parties
to the dispute.
(b)
A copy of the request and the submitted information mailed
to other interested parties under subsection (a) of this section must also
be mailed to counsel for any interested party represented by counsel, if the
identity of counsel is known to the requestor.
(c)
An interested party who receives notice that a request
has been submitted to the commission and who has information pertaining to
the determination of eligibility under §313.9 of this chapter shall submit
that information to the commission and provide a copy of the information to
the requestor within ten days of receiving a copy of the notice of the request.
(d)
A homeowner is required to request a SIRP prior to initiating
an action for damages or other relief arising from an alleged construction
defect.
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 July 24, 2006.
TRD-200603879
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: August 13, 2006
Proposal publication date: March 10, 2006
For further information, please call: (512) 463-2886
Subchapter H. TABLES AND FIGURES
Subchapter I. FORMS
Part 7.
TEXAS RESIDENTIAL CONSTRUCTION COMMISSION