Tex. Occ. Code Section 1201.003
Definitions


In this chapter:

(1)

“Advertisement” means a commercial message that promotes the sale or exchange of a manufactured home and that is presented on radio, television, a public-address system, or electronic media or appears in a newspaper, a magazine, a flyer, a catalog, direct mail literature, an inside or outside sign or window display, point-of-sale literature, a price tag, or other printed material. The term does not include educational material or material required by law.

(2)

“Affiliate” means a person who is under common control.

(3)

“Alteration” means the replacement, addition, modification, or removal of equipment in a new manufactured home after sale by a manufacturer to a retailer but before sale and installation by a retailer to a purchaser in a manner that may affect the home’s construction, fire safety, occupancy, or plumbing, heating, or electrical system. The term includes the modification of a manufactured home in a manner that may affect the home’s compliance with the appropriate standards but does not include:

(A)

the repair or replacement of a component or appliance that requires plug-in to an electrical receptacle, if the replaced item is of the same configuration and rating as the replacement; or

(B)

the addition of an appliance that requires plug-in to an electrical receptacle and that was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which the appliance is connected.

(4)

“Attached” in reference to a manufactured home means that the home has been:

(A)

installed in compliance with the rules of the department; and

(B)

connected to a utility, including a utility providing water, electric, natural gas, propane or butane gas, or wastewater service.

(5)

“Board” means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs.

(6)

“Broker” means a person engaged by one or more other persons to negotiate or offer to negotiate a bargain or contract for the sale or exchange of a manufactured home for which a certificate or other document of title has been issued and is outstanding. The term does not include a person who maintains a location for the display of manufactured homes.

(7)

“Business use” means the use of a manufactured home in conjunction with operating a business, for a purpose other than as a permanent or temporary residential dwelling.

(8)

“Consumer” means a person, other than a person licensed under this chapter, who seeks to acquire or acquires by purchase or exchange a manufactured home.

(9)

“Control” means, with respect to another person, the possession of the power, directly or indirectly, to vote an interest of 25 percent or more.

(9-a)

“Credit transaction” has the meaning assigned by Section 347.002 (Definitions)(a)(3), Finance Code.

(10)

“Department” means the Texas Department of Housing and Community Affairs operating through its manufactured housing division.

(11)

“Director” means the executive director of the manufactured housing division of the Texas Department of Housing and Community Affairs.

(12)

“HUD-code manufactured home”:

(A)

means a structure:
(i)
constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development;
(ii)
built on a permanent chassis;
(iii)
designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
(iv)
transportable in one or more sections; and
(v)
in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet;

(B)

includes the plumbing, heating, air conditioning, and electrical systems of the home; and

(C)

does not include a recreational vehicle as defined by 24 C.F.R. Section 3282.8(g).

(13)

“Installation” means the temporary or permanent construction of the foundation system and the placement of a manufactured home or manufactured home component on the foundation. The term includes supporting, blocking, leveling, securing, anchoring, and properly connecting multiple or expandable sections or components and making minor adjustments.

(14)

“Installer” means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing.

(15)

“Label” means a device or insignia that is:

(A)

issued by the director to indicate compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development; and

(B)

permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer.

(16)

Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(1), eff. September 1, 2017.

(17)

“License holder” or “licensee” means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer.

(18)

“Manufactured home” or “manufactured housing” means a HUD-code manufactured home or a mobile home.

(19)

“Manufacturer” means a person who constructs or assembles manufactured housing for sale or exchange in this state.

(20)

“Mobile home”:

(A)

means a structure:
(i)
constructed before June 15, 1976;
(ii)
built on a permanent chassis;
(iii)
designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities;
(iv)
transportable in one or more sections; and
(v)
in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and

(B)

includes the plumbing, heating, air conditioning, and electrical systems of the home.

(21)

“New manufactured home” means a manufactured home that is not a used manufactured home, regardless of its age.

(21-a)

“Nonresidential use” means use of a manufactured home for a purpose other than as a permanent or temporary residential dwelling.

(22)

“Person” means an individual or a partnership, company, corporation, association, or other group, however organized.

(23)

“Related person” means a person who:

(A)

directly participates in management or policy decisions; and

(B)

is designated by an entity and satisfies the requirements of Sections 1201.104 (Qualifications for License) and 1201.113 (Continuing Education Programs) on behalf of the entity, if the entity is licensed or seeking licensure under this chapter.

(24)

“Retailer” means a person who:

(A)

is engaged in the business of buying for resale, selling, or exchanging manufactured homes or offering manufactured homes for sale or exchange to consumers, including a person who maintains a location for the display of manufactured homes; and

(B)

sells or exchanges at least two manufactured homes to consumers in a 12-month period.

(25)

“Rules” means the rules of the department.

(26)

“Salesperson” means a person who, as an employee or agent of a retailer or broker, sells or offers to sell manufactured housing to a consumer.

(26-a)

“Sales purchase contract” means the contract between a retailer and a consumer for the purchase of a manufactured home from the retailer.

(27)

“Salvaged manufactured home” means a manufactured home determined to be salvaged under Section 1201.461 (Salvaged Manufactured Home; Criminal Penalty).

(28)

“Seal” means a device or insignia issued by the director that, for title purposes, is to be attached to a used manufactured home as required by the director.

(29)

“Standards code” means the Texas Manufactured Housing Standards Code.

(30)

“Statement of ownership” means a statement issued by the department and setting forth:

(A)

the ownership of a manufactured home in this state as provided by Section 1201.205 (Statement of Ownership Form); and

(B)

other information required by this chapter.

(31)

Repealed by Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(1), eff. September 1, 2017.

(32)

“Used manufactured home” means a manufactured home which has been occupied for any use or for which a statement of ownership has been issued. The term does not include:

(A)

a manufactured home that was used as a sales model at a licensed retail location; or

(B)

a manufactured home that:
(i)
was sold as a new manufactured home and installed but never occupied;
(ii)
had a statement of ownership; and
(iii)
was taken back from the consumer or transferee because of a first payment default or agreement to rescind or unwind the transaction.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 338, Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.251(a), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 1, eff. January 1, 2008.
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.03, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 85(1), eff. September 1, 2017.

Source: Section 1201.003 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1201.­htm#1201.­003 (accessed Feb. 24, 2024).

1201.001
Short Title
1201.002
Legislative Findings and Purposes
1201.003
Definitions
1201.004
Definitions Binding
1201.005
Consumer Waiver Void
1201.007
Exception for Real Estate Brokers and Salespersons
1201.008
Regulation by Municipality
1201.009
Electronic Means Authorized
1201.010
Electronic Public Records Required
1201.051
Administration and Enforcement of Chapter
1201.052
General Rulemaking Authority
1201.053
Rules Relating to Compliance with National Standards for Manufactured Housing Construction and Safety
1201.054
Procedure for Adopting Rules
1201.055
Inspection, Review, and Related Fees
1201.056
License Fees
1201.057
Instruction Fee
1201.058
Amount of Fees
1201.060
Venue for Hearing
1201.061
Cooperation with Local Governmental Units
1201.062
Seal Property of Department
1201.101
License Required
1201.102
Exceptions to License Requirement
1201.103
License Application
1201.104
Qualifications for License
1201.105
Security Required
1201.106
Security: Amount
1201.107
Security: Location
1201.108
Security: Change in Ownership or Location
1201.109
Security: Cancellation or Other Impairment
1201.110
Security: Duration
1201.111
Exceptions to Security and Instruction Requirements
1201.113
Continuing Education Programs
1201.114
License Expiration
1201.115
Notice of License Expiration
1201.116
Procedure for License Renewal
1201.117
Renewal of Expired License by Out-of-state Practitioner
1201.118
Rules Relating to Certain Persons
1201.151
Refunds
1201.152
Voidable Contract
1201.153
Formaldehyde Health Notice
1201.154
Sufficiency of Formaldehyde Health Notice
1201.155
Disclaimer of Implied Warranty
1201.156
Advertisement as Offer
1201.157
Retailer as Warehouse
1201.158
Salesperson
1201.159
Broker
1201.161
Transportation of Manufactured Housing
1201.162
Disclosure by Retailer and Lender
1201.164
Advance Copy of Sales Purchase Contract and Disclosure Statements
1201.201
Definitions
1201.202
Application of Chapter to Certain Certificates of Title or Liens
1201.203
Forms
1201.204
Manufacturer’s Certificate
1201.205
Statement of Ownership Form
1201.206
Application for Issuance of Statement of Ownership
1201.207
Issuance of Statement of Ownership
1201.208
Payment of Taxes Required for Issuance of Statement of Ownership
1201.209
Grounds for Refusal to Issue or for Suspension or Revocation of Statement of Ownership
1201.210
Procedure for Refusal to Issue or Suspension or Revocation of Statement of Ownership
1201.212
Transfer of Ownership by Operation of Law
1201.213
Eligibility to Sign Right of Survivorship Agreement
1201.214
Document of Title
1201.216
Change in Use
1201.217
Manufactured Home Abandoned
1201.219
Perfection, Effect, and Release of Liens
1201.220
Report to Chief Appraiser
1201.221
Information on Ownership and Tax Lien
1201.222
Certain Manufactured Homes Considered Real Property
1201.251
Standards and Requirements Adopted by Board
1201.252
Power of Local Governmental Unit to Adopt Different Standard
1201.253
Hearing on Standard or Requirement
1201.254
Effective Date of Requirement or Standard
1201.255
Installation of Manufactured Housing
1201.256
Wind Zone Regulations
1201.301
State Inspectors
1201.302
Inspection by Local Governmental Units
1201.303
Inspections
1201.304
Inspection Search Warrants
1201.305
Program Monitoring
1201.351
Manufacturer’s Warranty
1201.352
Retailer’s Warranty on a New Hud-code Manufactured Home
1201.353
Notice of Need for Warranty Service
1201.354
Corrective Action Required
1201.355
Consumer Complaint Home Inspection
1201.356
Report and Order
1201.357
Failure to Provide Warranty Service
1201.358
Failure to Show Good Cause
1201.359
Application of Warranties if Hud-code Manufactured Home Moved
1201.360
Warranty for Hud-code Manufactured Home Permanently Attached to Real Property
1201.361
Installer’s Warranty
1201.362
Inspections Not Limited
1201.401
Manufactured Homeowner Consumer Claims Program
1201.404
Consumer Compensation
1201.405
Limitations on Claims
1201.406
Procedure for Recovery Under Manufactured Homeowner Consumer Claims Program
1201.407
Disagreement of Parties
1201.409
Payment by Surety or from Other Security
1201.410
Information on Recovery Under Manufactured Homeowner Consumer Claims Program
1201.451
Transfer of Good and Marketable Title Required
1201.452
Seal or Label Required
1201.453
Habitability
1201.454
Habitability: Prohibited Alteration or Replacement
1201.455
Written Disclosure and Warranty of Habitability Required
1201.456
Habitability: Exception to Warranty Requirement
1201.457
Habitability: Change to or from Nonresidential Use or Salvage
1201.458
Habitability: Exception for Certain Governmental or Nonprofit Entities
1201.459
Compliance Not Required for Sale for Collection of Delinquent Taxes
1201.460
Compliance Not Required for Lienholder
1201.461
Salvaged Manufactured Home
1201.501
Prohibited Construction by Manufacturer
1201.502
Prohibited Shipping by Manufacturer
1201.503
Prohibited Alteration
1201.504
Prohibited Sale or Exchange
1201.505
Prohibited Purchase
1201.506
Credit
1201.507
False or Misleading Information
1201.508
Down Payment
1201.509
Prohibited Retention of Deposit
1201.510
Prohibited Installation of Air Conditioning Equipment
1201.511
Prohibited Real Estate Transaction
1201.512
Prohibited Delivery or Installation of Manufactured Home
1201.513
Disposition of Trade-ins and Occupancy of Homes Before Closing
1201.551
Denial of License
1201.552
License Revocation, Suspension, or Denial
1201.553
Judicial Review
1201.554
Probation
1201.601
Action Against Retailer or Manufacturer: Holder of Debt Instrument
1201.602
Action Against Manufacturer, Installer, or Retailer: Abatement or Bar
1201.603
Deceptive Trade Practices
1201.604
Consumer Recovery for Prohibited Retention of Deposit
1201.605
Administrative Penalty
1201.606
Criminal Penalty
1201.607
Issuance of Orders and Requests for Hearings
1201.608
Inspection of Licensee Records
1201.609
Acting Without License
1201.610
Cease and Desist
1201.611
Sanctions and Penalties
1201.1025
Exemption from Retailer’s License Requirement
1201.1031
Criminal History Record Information Requirement for License
1201.1505
Deposit on Specially Ordered Manufactured Homes
1201.1511
Real Property Appraisal and Title Work Expenses
1201.1521
Rescission of Contract for Sale or Exchange of Home
1201.2055
Election by Owner
1201.2071
Exemption for Certain Emergency Housing
1201.2075
Conversion from Personal Property to Real Property
1201.2076
Conversion from Real Property to Personal Property
1201.6041
Direct Consumer Compensation

Accessed:
Feb. 24, 2024

§ 1201.003’s source at texas​.gov