Texas Occupations Code 1201.201 – Definitions
Terms Used In Texas Occupations Code 1201.201
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
In this subchapter:
(1) “Certificate of attachment” means a written instrument issued solely by and under the authority of the director before September 1, 2001, that provides the information required by former Section 19(l), Texas Manufactured Housing Standards Act (Article 5221f, Vernon’s Texas Civil Statutes), as that subsection existed before that date. Beginning September 1, 2003, a certificate of attachment is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by § 1201.214.
(1-a) “Debtor” has the meaning assigned by § 9.102, Business & Commerce Code.
(2) “Document of title” means a written instrument issued solely by and under the authority of the director before September 1, 2003, that provides the information required by § 1201.205, as that section existed before that date. Beginning September 1, 2003, a document of title is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by § 1201.214.
(3) “First retail sale” means a consumer’s initial acquisition of a new manufactured home from a retailer by purchase or exchange. The term includes a bargain, sale, transfer, or delivery of a manufactured home for which the director has not previously issued a statement of ownership, with intent to pass an interest in the home, other than a lien.
(4) “Identification number” means the number permanently attached to or imprinted on a manufactured home or section of the home as prescribed by department rule.
(5) “Inventory”:
(A) has the meaning assigned by § 9.102, Business & Commerce Code; and
(B) does not include manufactured homes used by a retailer as equipment, as defined by § 9.102(a)(33), Business & Commerce Code.
(6) “Lien” means:
(A) a security interest created by a lease, conditional sales contract, deed of trust, chattel mortgage, trust receipt, reservation of title, or other security agreement if an interest other than an absolute title is sought to be held or given in a manufactured home; or
(B) a lien on a manufactured home created by the constitution or a statute.
(7) “Manufacturer’s certificate” means a document that meets the requirements prescribed by § 1201.204.
(8) “Secured party” has the meaning assigned by § 9.102, Business & Commerce Code.
(9) “Security agreement” has the meaning assigned by § 9.102, Business & Commerce Code.
(10) “Security interest” has the meaning assigned by § 1.201, Business & Commerce Code.
(11) “Subsequent sale” means a bargain, sale, transfer, or delivery of a manufactured home, with intent to pass an interest in the home, other than a lien, from one person to another after the first retail sale and initial issuance of a statement of ownership.