Terms used herein that are defined in the Code and the Standards
Act have the meanings ascribed to them therein. The following words
and terms, when used in this chapter, shall have the following meanings,
unless the context clearly indicates otherwise:
(1) APA--Administrative Procedure Act, Texas Government
Code, Chapter 2001.
(2) Business days--Includes every day on the calendar
except Saturday, Sunday, and federal and state holidays. If there
is a time limitation of five (5) days or less, within the Standards
Act, it is business days unless specified otherwise.
(3) Chattel Mortgage--Any loan that is not subject
to the Real Estate Settlement Procedures Act (RESPA).
(4) Coastline--The shoreline that forms the boundary
between the land and the Gulf of Mexico or a bay or estuary connecting
to the Gulf of Mexico that is more than five miles wide.
(5) Cosmetic--Matters of flaws and finish, appearance,
materials or workmanship not covered by 24 CFR Part 3280.
(6) Credit document--Any executed written agreements
between the consumer and creditor that describe or are required in
connection with an actual credit transaction.
(7) Creditor--A person involved in a credit transaction
(A) extends or arranges the extension of credit; or
(B) is a retailer or broker as defined in the Standards
Act and participates in arranging for the extension of credit.
(8) Custom designed stabilization system--An anchoring
and support system that is not an approved method as prescribed by
the state generic standards, manufacturer's installation instructions,
or other systems pre-approved by the Department.
(9) Dangerous conditions--Any condition which, if present,
would constitute an imminent threat to health or safety.
(10) DAPIA--The Design Approval Primary Inspection
(11) Department or TDHCA--The Manufactured Housing
Division of the Texas Department of Housing and Community Affairs
(12) Deposits--Money or other consideration given by
a consumer to a retailer, salesperson, or agent of a retailer to hold
a manufactured home in inventory for subsequent purchase or to confirm
the agreed price on a home to be specially ordered.
(13) Down Payment--An amount, including the value of
any property used as a trade-in, paid to a retailer to be applied
to the purchase price of a manufactured home, including any goods
or services that are a part of that transaction.
(14) Dwelling unit--One or more habitable rooms which
are designed to be occupied for living.
(15) FMHCSS--Federal Manufactured Home Construction
and Safety Standards that implement the National Manufactured Home
Construction and Safety Standards Act of 1974, 42 USC 5401, et seq.,
as amended from time to time.
(16) Frost Line Zone--An area in Texas designated by
the Department, as having a frost line depth to consider when conforming
with federal rules.
(17) Independent testing laboratory--An agency or firm
that tests products for conformance to standards and employs at least
one engineer or architect licensed in at least one state.
(18) Inventory Lender--A person that is involved in
extending credit for inventory financing secured by manufactured housing.
(19) IPIA--The Production Inspection Primary Inspection
Agency which evaluates the ability of manufactured home manufacturing
plants to follow approved quality control procedures and/or provides
ongoing surveillance of the manufacturing process.
(20) Long-Term Lease--For the purpose of determining
whether or not the owner of a manufactured home may elect to treat
the home as real property, is a lease on land to which the manufactured
home has been attached and which:
(A) has been approved by each lienholder for the manufactured
home by placing on file with the Department written consent to have
the home treated as real property; or
(B) is for at least five years if the home is not financed.
(21) Main frame--A chassis or structure serving a similar
(22) Manufactured home identification numbers--HUD
label number, serial number, or Texas seal number. For the purpose
of maintaining ownership and location records, including the perfection
of liens, the numbers shall include the HUD label number(s) and the
serial number(s) imprinted or stamped on the home in accordance with
HUD departmental regulations. For homes manufactured prior to June
15, 1976, the Texas seal number, as issued by the Department, shall
be used instead of the HUD label number. If a home manufactured prior
to June 15, 1976, does not have a Texas seal, or if a home manufactured
after June 15, 1976, does not have a HUD label, a Texas seal shall
be purchased from the Department and attached to the home in upper
left corner on the end opposite the tongue end and used for identification
in lieu of the HUD label number.
(23) Manufactured home site--That area of a lot or
tract of land on which a manufactured home is or will be installed.
(24) Permanent foundation--A foundation which meets
the requirements of §80.21 of this chapter (relating to Requirements
for the Installation of Manufactured Homes) and was constructed according
to drawings, as required by that section, which state that the foundation
is a permanent foundation for a manufactured home.
(25) Promptly--Means within the time prescribed by
the Standards Act, these Rules, and any administrative order (including
any properly granted extension) or, in the case of a matter that constitutes
an imminent threat to health or safety, as quickly as reasonably possible.
(26) Seriousness of Violation--Pursuant to Section
1201.605(c)(1) of the Texas Occupations Code the Department shall
assess a higher administrative penalty if the consumer harm or burden
is great, as a result of the violation.
(27) Stabilization systems--A combination of the anchoring
and support system. It includes, but is not limited to the following
(A) Anchoring components--Any component which is attached
to the manufactured home and is designed to resist the horizontal
and vertical forces imposed on the manufactured home as a result of
wind loading. These components include, but are not limited to auger
anchors, rock anchors, slab anchors, ground anchors, stabilizing devices,
connection bolts, j-hooks, buckles, and split bolts.
(B) Anchoring equipment--Straps, cables, turnbuckles,
tubes, and chains, including tensioning devices, which are used with
ties to secure a manufactured home to anchoring components or other
(C) Anchoring systems--Combination of ties, anchoring
components, and anchoring equipment that will resist overturning and
lateral movement of the manufactured home from wind forces.
(D) Diagonal tie--A tie intended to primarily resist
horizontal forces, but which may also be used to resist vertical forces.
(E) Footing--That portion of the support system that
transmits loads directly to the soil.
(F) Ground anchor--Any device at the manufactured home
site designed to transfer manufactured home anchoring loads to the
(G) Longitudinal ties--Designed to prevent lateral
movement along the length of the home.
(H) Shim--A wedge-shaped piece of hardwood or other
registered component not to exceed one (1) inch vertical (actual)
(I) Stabilizing components--All components of the anchoring
and support system such as piers, footings, ties, anchoring equipment,
ground anchors and any other equipment, which supports the manufactured
home and secures it to the ground.
(J) Support system--A combination of footings, piers,
caps and shims that support the manufactured home.
(K) Vertical tie--A tie intended primarily to resist
the uplifting and overturning forces.