Section 1201.358 - Failure to Show Good Cause; Hearing Results(a) Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer's, retailer's, or installer's license.(b) If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties.(c) The director may issue an order:(1) directing a manufacturer, retailer, or installer whose license is not revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) and who is not out of business to perform the warranty obligation of a manufacturer, retailer, or installer whose license is revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) or who is out of business; and(2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party.(d) A manufacturer, retailer, or installer entitled to indemnification under this section is a consumer for purposes of Subchapter I and may recover actual damages from the manufactured homeowner consumer claims program.Tex. Occ. Code § 1201.358
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 408,Sec. 49, eff. 9/1/2017.Amended By Acts 2009, 81st Leg., R.S., Ch. 77, Sec. 13, eff. 9/1/2009.Amended By Acts 2007, 80th Leg., R.S., Ch. 863, Sec. 43, eff. 1/1/2008.Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. 6/1/2003.