(a) Annual License Fees and Renewal Fees:
- (1) $425 for each manufacturer's plant license (valid for one year);
- (2) $275 for each retailer's sales license (valid for one year);
- (3) $275 for each rebuilder's license (valid for one year);
- (4) $175 for each broker's license (valid for one year);
- (5) $175 for each installer's license (valid for one year); and
- (6) $200 for each salesperson's license (valid for two years).
(b) Installation Fees:
- (1) There is a reporting fee of $75 for the installation of a single section manufactured home and $25 for each additional section.
- (2) The reporting fee must be submitted to the Department with the completed Notice of Installation (Form T) no later than the 15th day of the month after which the installation is completed.
- (3) Fee distributions to local governmental entities performing inspection functions pursuant to contract with the Department shall be made in accordance with Department procedures and the provisions of the contract.
- (c) Seal Fee: There is a fee of $35 for the issuance of Texas Seals. Any person who sells, exchanges, lease purchases, or offers for sale, exchange, or lease purchase a used HUD-Code manufactured home manufactured after June 15, 1976, that does not have a HUD label affixed, or a used mobile home manufactured prior to June 15, 1976, that does not have a Texas Seal affixed shall file an application to the Department for a Texas Seal. The application shall be accompanied by the seal fee of $35 per section made payable to the Department.
- (d) Monitoring Fee: There is a fee, as required by HUD, to be paid by each manufacturer in this state for each HUD-Code manufactured home produced. The monitoring inspection fee is established by the secretary of HUD, (pursuant to 24 CFR §3282.307) who shall distribute the fees collected from all manufacturers among the approved and conditionally approved states based on the number of new homes whose first location after leaving the manufacturing plant is on the premises of distributor, retailer, or consumer in that state, and the extent of participation of the state in the joint monitoring program established under the National Manufactured Housing Construction and Safety Standards Act of 1974.
- (e) Homeowner's Temporary Installer's License: There is a fee of $100 for the issuance of a homeowner's temporary installer's license, which shall also include the cost of the installation inspection. The fee shall be made payable to the Department.
- (f) Education Fee: Each attendee at the course of instruction in the law and consumer protection regulations for license applicants shall be assessed a fee of $250. If a manufacturer requests the training be performed at his or her facility, the manufacturer shall reimburse the Department for the actual costs of the training session (educational fee plus actual cost of travel).
- (g) There is a fee of $300 to process an application for a contract to prepare or administer a certification and continuing education program under §1201.113(c) of the Standards Act.
(h) Habitability Inspection:
- (1) There is a fee of $150 for the inspection of a manufactured home which is to be designated for residential use after having been previously designated for business use or which is elected as personal property after having been designated as real property. The purpose of the inspection is to determine if the home is habitable as defined by §1201.453 of the Standards Act. The fee must accompany a written request for inspection and must be submitted either prior to or in connection with the submission of an Application for Statement of Ownership and Location.
(2) There is a fee of $200 for the plan review and inspection of a salvaged manufactured home which is to be rebuilt. The purpose of the inspection is to determine if the home is habitable so that it may be designated for residential use.
- (A) The fee and required notification shall be submitted in accordance with §80.66 of this title (relating to Rebuilding or Repairing a "Salvaged" Manufactured Home).
- (B) The rebuilder shall also be charged for mileage and per diem incurred by Department personnel traveling to and from the location of the home.
- (C) The inspector shall advise the rebuilder of the charges incurred, and no Statement of Ownership and Location shall be issued until all fees have been paid.
(i) Consumer Complaint Inspection:
- (1) If a licensee requests an inspection in connection with a complaint, the licensee will be billed an inspection fee of $150 if, as a result of the inspection, the licensee is found to have violated the Standards Act or these rules.
- (2) There is a fee of $150 for the reinspection of a consumer's home. The fee shall be paid by the party deemed primarily responsible by the Department.
(j) Fees Relating to Statements of Ownership and Location. Each fee shall accompany the required documents forwarded to the Manufactured Housing Division of the Department at its principal office in Austin.
- (1) A fee of $55 will be required for the issuance of a Statement of Ownership and Location;
- (2) A fee of $1.50 will be required for certified copies requested other than one certified copy of a Statement of Ownership and Location sent to the owner and one that is sent to the lienholder;
(3) There shall be a fee of $55 for Quick Processing Service in addition to the $55 processing fee for each application for Statement of Ownership and Location.
- (A) Quick Processing Service shall be defined as the processing of an Application for Statement of Ownership and Location within three (3) business days from the day the complete application is received in the Manufactured Housing Division. The Department will refund the Quick Processing Service fee if the completed application is not processed within the required time.
- (B) If an applicant desires Quick Processing, the Quick Processing form provided in §80.260(a)(8) of this title (relating to Required and Optional Forms) must be completed and attached to the front of the application for the application to be deemed complete.
- (C) If the Quick Processing form is missing or incomplete or if any other necessary documents or fees are deficient, any delays in processing caused by such will not entitle the payer to a refund of the Quick Processing fee or any other required processing fee.
- (D) If Quick Processing is requested but the Quick Processing fee is not paid, the application will receive regular processing.
- (E) All Quick Processing applications must be submitted by overnight service or delivered in-person.
- (F) If Quick Processing is not completed within three (3) business days, as required, the Quick Processing portion of the fee only will be refunded.
- (G) All Statements of Ownership and Location, including Quick Processing items, will be sent via regular mail unless a pre-paid overnight envelope is provided.
- (4) If a correction of a document is required as a result of a mistake by the Department, the issuance of a new document shall not require a fee. However, if the error was not made by the Department, a request for correction of the error must be made on a completed Application for Statement of Ownership and Location and submitted to the Department along with the required fee of $55 and any necessary supporting documentation.
- (5) When multiple applications are submitted, the Form M provided in §80.260(a)(9) of this title (relating to Required and Optional Forms) must be completed and attached to the front of the applications to identify each application and reconcile the fee for each application with the total amount of the payment. Failure to provide this form, properly completed, will delay the application's being deemed complete for processing.
(k) Method of Payment.
- (1) All checks shall be made payable to the Texas Department of Housing and Community Affairs or TDHCA.
- (2) All license renewals may also be paid by credit card or ACH, if submitted through Texas Online.
- (l) Loss of Check Writing Privileges. Any person who has more than one (1) time paid for anything requiring a fee under these rules with a check that is returned uncollectible, whether "NSF," closed account, refer to maker, or for any similar reason, is required to make all future payments, if any, by means of money order or cashier's check.
Source Note:The provisions of this §80.20 adopted to be effective September 9, 1998, 23 TexReg 9021; amended to be effective September 8, 2002, 27 TexReg 7084; amended to be effective October 5, 2003, 28 TexReg 7679; amended to be effective December 11, 2005, 30 TexReg 7434.