This section defines several terms used in the subchapter, including certificate of attachment, document of title, first retail sale, identification number, lien, and subsequent sale.
Sec. 1201.201. DEFINITIONS. 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 Section 1201.214. (1-a) "Debtor" has the meaning assigned by Section 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 Section 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 Section 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 Section 9.102, Business & Commerce Code; and (B) does not include manufactured homes used by a retailer as equipment, as defined by Section 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 Section 1201.204. (8) "Secured party" has the meaning assigned by Section 9.102, Business & Commerce Code. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code. (10) "Security interest" has the meaning assigned by Section 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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 338, Sec. 12, eff. June 18, 2003. Amended by: Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 24, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 731 (H.B. 2706), Sec. 3, eff. September 1, 2023.