Texas Occupations Code Title 7, Chapter 1201 - Manufactured Housing

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1201.001 - Short Title
  This chapter may be cited as the Texas Manufactured Housing Standards Act. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,
• Texas Section 1201.002 - Legislative Findings And Purposes; Liberal Construction
  (a) The legislature finds that: (1) there is a growing need to provide state residents with safe, affordable, and well-constructed housing; (2) manufactured housing has...
• Texas Section 1201.003 - Definitions
  In this chapter: (1) "Advertisement" means a commercial message that promotes the sale, exchange, or lease-purchase of a manufactured home and that is presented on...
• Texas Section 1201.004 - Definitions Binding
  The definitions of "mobile home," "HUD-code manufactured home," and "manufactured housing" provided by Section 1201.003 are binding as a matter of law on each person...
• Texas Section 1201.005 - Consumer Waiver Void
  A waiver by a consumer of this chapter is contrary to public policy and void. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2,...
• Texas Section 1201.006 - Applicability Of Business & Commerce Code
  The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. Added by Acts...
• Texas Section 1201.007 - Exception For Real Estate Brokers And Salespersons
  This chapter does not: (1) modify or amend Chapter 1101 or 1102; or (2) apply to a person who is licensed as a real estate...
• Texas Section 1201.008 - Regulation By Municipality
  (a) A municipality may prohibit the installation of a mobile home for use as a dwelling in the municipality. The prohibition must be prospective and...

SUBCHAPTER B DEPARTMENT POWERS AND DUTIES

• Texas Section 1201.009 - Electronic Means Authorized
  If feasible, any action required under this chapter may be accomplished by electronic means. Added by Acts 2009, 81st Leg., R.S., Ch. 77 (H.B. 2238),...
• Texas Section 1201.051 - Administration And Enforcement Of Chapter
  The director shall administer and enforce this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
• Texas Section 1201.052 - General Rulemaking Authority
  (a) The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and...
• Texas Section 1201.053 - Rules Relating To Compliance With National Standards For Manufactured Housing Construction And Safety; State Plan
  (a) The board shall adopt rules and otherwise act as necessary to: (1) comply with the National Manufactured Housing Construction and Safety Standards Act of...
• Texas Section 1201.054 - Procedure For Adopting Rules
  (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. (b) If requested, the board shall, after at least...
• Texas Section 1201.055 - Inspection, Review, And Related Fees
  (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. Section 5301 et seq.) and from the rules and regulations...
• Texas Section 1201.056 - License Fees
  (a) The board shall establish fees for the issuance and renewal of licenses for: (1) manufacturers; (2) retailers; (3) brokers; (4) salespersons; and (5) installers....
• Texas Section 1201.057 - Instruction Fee
  The board shall charge a fee to each person attending a course of instruction described by Section 1201.104. Added by Acts 2001, 77th Leg., ch....
• Texas Section 1201.058 - Amount Of Fees
  (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. If the department's rules provide an option to file...
• Texas Section 1201.060 - Venue For Hearing
  A hearing under this chapter shall be held in Travis County unless all parties agree to another location. Added by Acts 2001, 77th Leg., ch....
• Texas Section 1201.061 - Cooperation With Local Governmental Units
  The department shall cooperate with all local governmental units in this state. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1,

SUBCHAPTER C LICENSING

• Texas Section 1201.062 - Seal Property Of Department
  A seal is the property of the department. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
• Texas Section 1201.101 - License Required
  (a) A person may not construct or assemble in this state or ship into this state a new HUD-code manufactured home unless the person holds,...
• Texas Section 1201.102 - Exceptions To License Requirement
  (a) A licensed installer may employ unlicensed persons to assist in performing installation functions provided that the licensed installer maintains a list of the persons...
• Texas Section 1201.1025 - Exemption From Retailer's License Requirement
  (a) Notwithstanding any other law, in any 12-month period a person is exempt from holding a retailer's license as required by Section 1201.101(b) if during...
• Texas Section 1201.103 - License Application
  (a) An applicant for a license as a manufacturer, retailer, broker, or installer must file with the director a license application containing: (1) the legal...
• Texas Section 1201.1031 - Criminal History Record Information Requirement For License
  (a) The department shall require that an applicant for a license or renewal of an unexpired license submit a complete and legible set of fingerprints,...
• Texas Section 1201.104 - Qualifications For License
  (a) Except as provided by Subsection (g), as a requirement for a manufacturer's, retailer's, broker's, installer's, or salesperson's license, a person who was not licensed...
• Texas Section 1201.105 - Security Required
  (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed...
• Texas Section 1201.106 - Security: Amount
  (a) An applicant for a license or a license holder shall file a bond or other security under Section 1201.105 for the issuance or renewal...
• Texas Section 1201.107 - Security: Location
  (a) A manufacturer, retailer, broker, or installer who maintains a place of business at one or more locations shall file with the department a separate...
• Texas Section 1201.108 - Security: Change In Ownership Or Location
  (a) A new bond is not required for a change in: (1) ownership of a licensee or a business entity under which a license holder...
• Texas Section 1201.109 - Security: Cancellation Or Other Impairment
  (a) If a bond required by this subchapter is canceled, the license for which the security is filed is suspended on the effective date of...
• Texas Section 1201.110 - Security: Duration
  The department shall maintain on file a security other than a bond canceled as provided by Section 1201.109(a) until the later of: (1) the second...
• Texas Section 1201.111 - Exceptions To Security And Instruction Requirements
  (a) Notwithstanding any other provision of this chapter, a state or national bank, state or federal savings and loan association, federal savings bank, or state...
• Texas Section 1201.113 - Certification And Continuing Education Programs
  (a) The board shall approve or administer continuing education programs for licensees under this chapter. A continuing education program must be at least eight hours...
• Texas Section 1201.114 - License Expiration
  Any license under this chapter is valid for two years. A license may be renewed as provided by the director. A person whose license has...
• Texas Section 1201.115 - Notice Of License Expiration
  Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending...
• Texas Section 1201.116 - Procedure For License Renewal
  (a) The department shall renew a license if, before the expiration date of the license, the department receives the renewal application and payment of the...
• Texas Section 1201.117 - Renewal Of Expired License By Out-of-state Practitioner
  (a) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other...

SUBCHAPTER D PRACTICE

• Texas Section 1201.118 - Rules Relating To Certain Persons
  The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who...
• Texas Section 1201.1505 - Deposit On Specially Ordered Manufactured Homes
  A retailer may require a deposit on a specially ordered manufactured home. Added by Acts 2003, 78th Leg., ch. 338, Sec. 10, eff. June 18,...
• Texas Section 1201.151 - Refunds
  (a) Except as otherwise provided by this section, a retailer must refund a consumer's deposit not later than the 15th day after the date that...
• Texas Section 1201.152 - Voidable Contract
  (a) If a retailer purchases a new manufactured home from an unlicensed manufacturer in violation of Section 1201.505, a consumer's contract with the retailer for...
• Texas Section 1201.1521 - Rescission Of Contract For Sale, Exchange, Or Lease-purchase Of Home
  (a) A person who acquires a manufactured home from or through a licensee by purchase, exchange, or lease-purchase may, not later than the third day...
• Texas Section 1201.153 - Formaldehyde Health Notice
  (a) A retailer or manufacturer may not transfer ownership of a HUD-code manufactured home or otherwise sell, assign, or convey a HUD-code manufactured home to...
• Texas Section 1201.154 - Sufficiency Of Formaldehyde Health Notice; Retailer And Manufacturer Compliance
  (a) The formaldehyde health notice required by Section 1201.153 is sufficient, as a matter of law, to advise a consumer of the risks of occupying...
• Texas Section 1201.155 - Disclaimer Of Implied Warranty
  The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of...
• Texas Section 1201.156 - Advertisement As Offer
  An advertisement relating to manufactured housing is an offer to sell, exchange, or lease-purchase manufactured housing to consumers. Added by Acts 2001, 77th Leg., ch....
• Texas Section 1201.157 - Retailer As Warehouseman
  (a) A licensed retailer is a "warehouseman" as defined by Section 7.102, Business & Commerce Code, for the storage of manufactured homes for hire. (b)...
• Texas Section 1201.158 - Salesperson
  A licensed salesperson may work only for the salesperson's sponsoring retailer or broker. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June...
• Texas Section 1201.159 - Broker
  (a) Except as provided by Section 1201.456, a broker shall ensure that the seller gives the buyer the applicable disclosures and warranties that the buyer...
• Texas Section 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...
• Texas Section 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, exchange, or the exercise...

SUBCHAPTER E MANUFACTURED HOME STATEMENTS OF OWNERSHIP AND LOCATION

• Texas Section 1201.164 - Advance Copy Of 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...
• Texas Section 1201.201 - Definitions
  In this subchapter: (1) "Debtor" has the meaning assigned by Section 9.102, Business & Commerce Code. (2) "Document of title" means a written instrument issued...
• Texas Section 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...
• Texas Section 1201.203 - Forms; Rules
  (a) The board shall adopt rules and forms relating to: (1) the manufacturer's certificate; (2) the statement of ownership and location; (3) the application for...
• Texas Section 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...
• Texas Section 1201.205 - Statement Of Ownership And Location Form
  A statement of ownership and location must be evidenced by a board-approved form issued by the department setting forth: (1) the name and address of...
• Texas Section 1201.2055 - Election By Owner
  (a) In completing an application for the issuance of a statement of ownership and location, an owner of a manufactured home shall indicate whether the...
• Texas Section 1201.206 - Application For Issuance Of Statement Of Ownership And Location
  (a) At the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application...
• Texas Section 1201.207 - Issuance Of Statement Of Ownership And Location
  (a) Except as provided for in Subsection (a-1), the department shall process any completed application for the issuance of a statement of ownership and location...
• Texas Section 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 and location for a manufactured home...
• Texas Section 1201.2076 - Conversion From Real Property To Personal Property
  (a) The department may not issue a statement of ownership and location for a manufactured home that is being converted from real property to personal...
• Texas Section 1201.208 - Payment Of Taxes Required For Issuance Of Statement Of Ownership And Location
  (a) Any licensee who sells, exchanges, or lease-purchases a new manufactured home to any consumer is responsible for the payment of all required sales and...
• Texas Section 1201.209 - Grounds For Refusal To Issue Or For Suspension Or Revocation Of Statement Of Ownership And Location
  The department may not refuse to issue a statement of ownership and location and may not suspend or revoke a statement of ownership and location...
• Texas Section 1201.210 - Procedure For Refusal To Issue Or Suspension Or Revocation Of Statement Of Ownership And Location
  (a) If the director refuses to issue or suspends or revokes a statement of ownership and location, the director shall give, by certified mail, written...
• Texas Section 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...
• Texas Section 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...
• Texas Section 1201.214 - Document Of Title
  (a) Effective September 1, 2003, all outstanding documents of title are considered to be statements of ownership and location. (b) An owner or lienholder may...
• Texas Section 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 to reserve...
• Texas Section 1201.217 - Manufactured Home Abandoned
  (a) The owner of real property on which a manufactured home owned by another is located may declare the home abandoned as provided by this...
• Texas Section 1201.219 - Perfection, Effect, And Release Of Liens
  (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. Once perfected, the...
• Texas Section 1201.220 - Report To Chief Appraiser
  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...
• Texas Section 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...

SUBCHAPTER F STANDARDS

• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...

SUBCHAPTER G INSPECTIONS AND MONITORING

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER H WARRANTIES

• Texas Section 1201.305 - Program Monitoring
  The director may enter into a contract with the United States Department of Housing and Urban Development or its designee to monitor the programs of...
• Texas Section 1201.351 - Manufacturer's Warranty
  (a) The manufacturer of a new HUD-code manufactured home shall warrant, in a separate written document, that: (1) the home is constructed or assembled in...
• Texas Section 1201.352 - Retailer's Warranty On A New Hud-code Manufactured Home
  (a) The retailer of a new HUD-code manufactured home shall warrant to the consumer in writing that: (1) installation of the home at the initial...
• Texas Section 1201.353 - Notice Of Need For Warranty Service
  (a) The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs. (b) Written...
• Texas Section 1201.354 - Corrective Action Required
  The manufacturer, retailer, or installer, as applicable, shall take appropriate corrective action within a reasonable period as required by department rules to fulfill the written...
• Texas Section 1201.355 - Consumer Complaint Home Inspection
  (a) If the manufacturer, retailer, or installer does not provide the consumer with proper warranty service, the consumer may, at any time, request the department...
• Texas Section 1201.356 - Report And Order; Amendment; Compliance
  (a) Not later than the 10th day after the date of a consumer complaint home inspection, the department shall send a written report and any...
• Texas Section 1201.357 - Failure To Provide Warranty Service
  (a) If the manufacturer, retailer, or installer, as applicable, fails to provide warranty service within a period specified by the director, the manufacturer, retailer, or...
• Texas Section 1201.358 - Failure To Show Good Cause; Hearing Results
  (a) Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the...
• Texas Section 1201.359 - Application Of Warranties If Hud-code Manufactured Home Moved
  (a) The manufacturer's and retailer's warranties do not apply to any defect or damage caused by moving a new HUD-code manufactured home from the initial...
• Texas Section 1201.360 - Warranty For Hud-code Manufactured Home Permanently Attached To Real Property
  (a) The seller of real property to which a new HUD-code manufactured home is permanently attached may give the initial purchaser a written warranty that...
• Texas Section 1201.361 - Installer's Warranty
  (a) For all installations, the installer shall give the manufactured home owner a written warranty that the installation of the home was performed in accordance...

SUBCHAPTER I MANUFACTURED HOMEOWNERS' RECOVERY TRUST FUND

• Texas Section 1201.362 - Inspections Not Limited; Corrections
  (a) Nothing in this chapter shall limit the ability of the department to inspect a manufactured home at any time. (b) Notwithstanding the limitations and...
• Texas Section 1201.401 - Manufactured Homeowners' Recovery Trust Fund
  The manufactured homeowners' recovery trust fund is an account in the general revenue fund. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff....
• Texas Section 1201.402 - Administration Of Trust Fund
  (a) The director shall administer the trust fund. (b) The director is not required to file a bond or other security to serve as administrator...
• Texas Section 1201.403 - Amount Reserved In Trust Fund; Payment Of Costs
  (a) One million dollars shall be reserved in the trust fund for payment of valid consumer claims. (b) Unless the balance of the trust fund...
• Texas Section 1201.404 - Consumer Compensation
  (a) Except as otherwise provided by Subchapter C, the trust fund shall be paid directly to a consumer or, at the director's option, to a...
• Texas Section 1201.405 - Limitations On Claims
  (a) The payment of actual damages is limited to the lesser of: (1) the amount of actual, reasonable costs, not including attorney's fees, that the...
• Texas Section 1201.406 - Procedure For Recovery From Trust Fund
  (a) To recover from the trust fund, a consumer must file a written, sworn complaint in the form required by the director not later than...
• Texas Section 1201.407 - Disagreement Of Parties; Informal Dispute Resolution Process
  (a) If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the...
• Texas Section 1201.409 - Payment By Surety Or From Other Security
  (a) Except as otherwise provided by Subchapter C, the trust fund shall be reimbursed by the surety on a bond or from other security filed...

SUBCHAPTER J USED OR SALVAGED MANUFACTURED HOMES

• Texas Section 1201.410 - Information On Recovery From Trust Fund
  The director shall prepare information for notifying consumers of their rights to recover from the trust fund, shall post the information on the department's website,...
• Texas Section 1201.451 - Transfer Of Good And Marketable Title Required
  (a) Except as otherwise provided by this subchapter, a person may not sell, exchange, or lease-purchase a used manufactured home without the appropriate transfer of...
• Texas Section 1201.452 - Seal Or Label Required
  (a) Except as otherwise provided by this subchapter, a person may not sell, exchange, or lease-purchase or negotiate for the sale, exchange, or lease-purchase of...
• Texas Section 1201.453 - Habitability
  Manufactured housing is habitable only if: (1) there is no defect or deterioration in or damage to the home that creates a dangerous situation; (2)...
• Texas Section 1201.454 - Habitability: Prohibited Alteration Or Replacement
  A manufacturer, retailer, broker, installer, or lienholder may not repair or otherwise alter a used manufactured home or replace a component or system of a...
• Texas Section 1201.455 - Written Disclosure And Warranty Of Habitability Required
  (a) Except as otherwise provided by this subchapter, a person may not sell, exchange, or lease-purchase a used manufactured home to a consumer for use...
• Texas Section 1201.456 - Habitability: Exception To Warranty Requirement
  The warranty requirement imposed by Section 1201.455 does not apply to a sale, exchange, or lease-purchase of a used manufactured home from one consumer to...
• Texas Section 1201.457 - Habitability: Change To Or From Business Use Or Salvage
  (a) If the sale, exchange, or lease-purchase of a used manufactured home is to a purchaser for the purchaser's business use, the home is not...
• Texas Section 1201.458 - Habitability: Exception For Certain Governmental Or Nonprofit Entities
  (a) Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization...
• Texas Section 1201.459 - Compliance Not Required For Sale For Collection Of Delinquent Taxes
  (a) In selling a manufactured home to collect delinquent taxes, a tax assessor-collector is not required to comply with this subchapter or another provision of...
• Texas Section 1201.460 - Compliance Not Required For Lienholder
  (a) A holder of a lien recorded on the statement of ownership and location of a manufactured home that has not been converted to real...

SUBCHAPTER K PROHIBITED PRACTICES

• Texas Section 1201.461 - Salvaged Manufactured Home; Criminal Penalty
  (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company...
• Texas Section 1201.501 - Prohibited Construction By Manufacturer
  A manufacturer may not construct a HUD-code manufactured home in this state for sale or resale unless the manufacturer: (1) supplies the department with proof...
• Texas Section 1201.502 - Prohibited Shipping By Manufacturer
  A manufacturer may not ship a HUD-code manufactured home into this state for sale or resale unless the manufacturer complies with: (1) all requirements of...
• Texas Section 1201.503 - Prohibited Alteration
  Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a...
• Texas Section 1201.504 - Prohibited Sale, Exchange, Or Lease-purchase
  (a) A manufacturer may not sell, exchange, or lease-purchase or offer to sell, exchange, or lease-purchase a manufactured home to a person in this state...
• Texas Section 1201.505 - Prohibited Purchase
  A retailer may not purchase for resale to a consumer a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed...
• Texas Section 1201.506 - Credit
  (a) A retailer or broker: (1) shall comply with Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C....
• Texas Section 1201.507 - False Or Misleading Information
  (a) A retailer or salesperson may not: (1) assist a consumer in preparing or providing false or misleading information on a document related to the...
• Texas Section 1201.508 - Down Payment
  (a) A retailer may not state payment of a down payment in a retail installment sales contract or other credit document unless the retailer has...
• Texas Section 1201.509 - Prohibited Retention Of Deposit
  A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. Added by Acts...
• Texas Section 1201.510 - Prohibited Installation Of Air Conditioning Equipment
  A retailer or an installer may not contract with a person for the installation of air conditioning equipment in connection with the installation of a...
• Texas Section 1201.511 - Prohibited Real Estate Transaction
  (a) This section applies to a transaction in which a manufactured home is sold as personal property. (b) A retailer may not sell, represent for...
• Texas Section 1201.512 - Prohibited Delivery Or Installation Of Manufactured Home
  (a) In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located. (b) Unless the...

SUBCHAPTER L DISCIPLINARY PROCEDURES

• Texas Section 1201.513 - Disposition Of Trade-ins And Occupancy Of Homes Before Closing
  (a) A retailer may not sell a trade-in manufactured home before the closing of the sale in connection with which the retailer receives the trade-in....
• Texas Section 1201.551 - Denial Of License; Disciplinary Action
  (a) The director may deny, permanently revoke, or suspend for a definite period and specified sales location or geographic area a license if the director...
• Texas Section 1201.552 - License Revocation, Suspension, Or Denial; Hearing
  The director may issue an order to revoke, suspend, or deny a new or renewal license. If, before the 31st day after an order revoking,...
• Texas Section 1201.553 - Judicial Review
  Judicial review of any order, decision, or determination of the board is instituted by filing a petition with a district court in Travis County as...

SUBCHAPTER M ENFORCEMENT PROVISIONS AND PENALTIES

• Texas Section 1201.554 - Probation
  The department may place on probation a person whose license is suspended. If a license suspension is probated, the department may require the person to:...
• Texas Section 1201.601 - Action Against Retailer Or Manufacturer: Holder Of Debt Instrument
  (a) If a consumer files a cause of action against a retailer or manufacturer, a claim based on an act of the retailer or manufacturer...
• Texas Section 1201.602 - Action Against Manufacturer, Installer, Or Retailer: Abatement Or Bar
  (a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a...
• Texas Section 1201.603 - Deceptive Trade Practices
  (a) A person's violation of this chapter or the failure by a manufacturer, installer, or retailer to comply with an implied warranty is a deceptive...
• Texas Section 1201.604 - Consumer Recovery For Prohibited Retention Of Deposit
  In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151: (1) three...
• Texas Section 1201.6041 - Direct Consumer Compensation
  (a) Instead of requiring a consumer to apply for compensation from the trust fund under Subchapter I, the director may order a manufacturer, retailer, broker,...
• Texas Section 1201.605 - Administrative Penalty
  (a) The director may assess against a person who fails to comply with this chapter, the rules adopted under this chapter, or any final order...
• Texas Section 1201.606 - Criminal Penalty
  (a) A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully...
• Texas Section 1201.607 - Issuance Of Orders And Requests For Hearings
  Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically...
• Texas Section 1201.608 - Inspection Of Licensee Records
  (a) The department may inspect a licensee's records during normal business hours without advance notice if the director believes that such inspection is necessary to...
• Texas Section 1201.609 - Acting Without License; Criminal Penalty
  A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires...
• Texas Section 1201.610 - Cease And Desist
  (a) The director may issue without notice and hearing an order to cease and desist from continuing a particular action or an order to take...
• Texas Section 1201.611 - Sanctions And Penalties
  (a) The board shall adopt rules relating to the administrative sanctions that may be enforced against a person regulated by the department. (b) If a...

Last modified: September 28, 2016