Sec. 1201.457. HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE. (a) If the sale or exchange of a used manufactured home is to a purchaser for the purchaser's business use, the home is not required to be habitable unless the purchaser discloses to the retailer in writing at the time of purchase that the purchaser intends for a person to be present in the home for regularly scheduled work shifts of not less than eight hours each day. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is reserved for a business use.
(a-1) If the sale or exchange of a used manufactured home is for the purchaser's nonresidential use other than a business use, the home is not required to be habitable. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is for a nonresidential use other than a business use.
(b) If a used manufactured home is reserved for a business use or another nonresidential use or is salvaged, a person may not knowingly allow any person to occupy or use the home as a dwelling unless the director issues a new statement of ownership indicating that the home is no longer reserved for that use or is no longer salvaged. On the purchaser's application to the department for issuance of a new statement of ownership, the department shall inspect the home and, if the department determines that the home is habitable, issue a new statement of ownership.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 338, Sec. 32, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 28, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 54, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 63, eff. September 1, 2017.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle C - Regulation of Certain Types of Housing and Buildings
Chapter 1201 - Manufactured Housing
Subchapter J. Used or Salvaged Manufactured Homes
Section 1201.451. Transfer of Good and Marketable Title Required
Section 1201.452. Seal or Label Required
Section 1201.453. Habitability
Section 1201.454. Habitability: Prohibited Alteration or Replacement
Section 1201.455. Written Disclosure and Warranty of Habitability Required
Section 1201.456. Habitability: Exception to Warranty Requirement
Section 1201.457. Habitability: Change to or From Nonresidential Use or Salvage
Section 1201.458. Habitability: Exception for Certain Governmental or Nonprofit Entities
Section 1201.459. Compliance Not Required for Sale for Collection of Delinquent Taxes
Section 1201.460. Compliance Not Required for Lienholder
Section 1201.461. Salvaged Manufactured Home; Criminal Penalty