Tex. Occ. Code Section 1201.406
Procedure for Recovery Under Manufactured Homeowner Consumer Claims Program

(a)

To recover under the manufactured homeowner consumer claims program, a consumer must file a written, sworn complaint in the form required by the director not later than the second anniversary of:

(1)

the date of the alleged act or omission causing the actual damages; or

(2)

the date the act or omission is discovered or should reasonably have been discovered.

(b)

On receipt of a verified complaint, the department shall:

(1)

notify each appropriate license holder and the issuer of any surety bond issued in connection with their licenses; and

(2)

investigate the claim and issue a preliminary determination, giving the consumer, the licensee, and any surety an opportunity to resolve the matter by agreement or to dispute the preliminary determination.

(c)

If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee’s security.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 49, eff. January 1, 2008.

Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 55, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 56, eff. September 1, 2017.

Source: Section 1201.406 — Procedure for Recovery Under Manufactured Homeowner Consumer Claims Program, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1201.htm#1201.406 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 1201.406’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._occ._code_section_1201.406

Original Source: Section 1201.406 — Procedure for Recovery Under Manufactured Homeowner Consumer Claims Program, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1201.htm#1201.406 (last accessed Jun. 5, 2024).