Bill Text: TX SB1248 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to municipal regulation of manufactured home communities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-06-12 - Effective on 9/1/17 [SB1248 Detail]
Download: Texas-2017-SB1248-Enrolled.html
| S.B. No. 1248 | ||
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| relating to municipal regulation of manufactured home communities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 211, Local Government | ||
| Code, is amended by adding Section 211.018 to read as follows: | ||
| Sec. 211.018. CONTINUATION OF LAND USE REGARDING | ||
| MANUFACTURED HOME COMMUNITIES. (a) In this section, | ||
| "manufactured home," "manufactured home community," and | ||
| "manufactured home lot" have the meanings assigned by Section | ||
| 94.001, Property Code. | ||
| (b) The governing body of a municipality may not require a | ||
| change in the nonconforming use of any manufactured home lot within | ||
| the boundaries of a manufactured home community if: | ||
| (1) the nonconforming use of the land constituting the | ||
| manufactured home community is authorized by law; and | ||
| (2) at least 50 percent of the manufactured home lots | ||
| in the manufactured home community are physically occupied by a | ||
| manufactured home used as a residence. | ||
| (c) For purposes of Subsection (b), requiring a change in | ||
| the nonconforming use includes: | ||
| (1) requiring the number of manufactured home lots | ||
| designated as a nonconforming use to be decreased; and | ||
| (2) declaring that the nonconforming use of the | ||
| manufactured home lots has been abandoned based on a period of | ||
| continuous abandonment of use as a manufactured home lot of any lot | ||
| for less than 12 months. | ||
| (d) A manufactured home owner may install a new or used | ||
| manufactured home, regardless of the size, or any appurtenance on a | ||
| manufactured home lot located in a manufactured home community for | ||
| which a nonconforming use is authorized by law, provided that the | ||
| manufactured home or appurtenance and the installation of the | ||
| manufactured home or appurtenance comply with: | ||
| (1) nonconforming land use standards, including | ||
| standards relating to separation and setback distances and lot | ||
| size, applicable on the date the nonconforming use of the land | ||
| constituting the manufactured home community was authorized by law; | ||
| and | ||
| (2) all applicable state and federal law and standards | ||
| in effect on the date of the installation of the manufactured home | ||
| or appurtenance. | ||
| (e) A municipality that prohibits the construction of new | ||
| single-family residences or the construction of additions to | ||
| existing single-family residences on a site located in a designated | ||
| floodplain may, notwithstanding Subsection (b), (c), or (d), | ||
| prohibit the installation of a manufactured home in a manufactured | ||
| home community on a manufactured home lot that is located in an | ||
| equivalently designated floodplain. | ||
| SECTION 2. Subchapter Z, Chapter 214, Local Government | ||
| Code, is amended by adding Section 214.906 to read as follows: | ||
| Sec. 214.906. REGULATION OF MANUFACTURED HOME COMMUNITIES. | ||
| (a) "Manufactured home" has the meaning assigned by Section | ||
| 1201.003, Occupations Code. | ||
| (b) Notwithstanding any other law, the governing body of a | ||
| municipality may not regulate a tract or parcel of land as a | ||
| manufactured home community, park, or subdivision unless the tract | ||
| or parcel contains at least four spaces offered for lease for | ||
| installing and occupying manufactured homes. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1248 passed the Senate on | ||
| April 19, 2017, by the following vote: Yeas 31, Nays 0; | ||
| May 25, 2017, Senate refused to concur in House amendments and | ||
| requested appointment of Conference Committee; May 26, 2017, House | ||
| granted request of the Senate; May 28, 2017, Senate adopted | ||
| Conference Committee Report by the following vote: Yeas 30, | ||
| Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1248 passed the House, with | ||
| amendments, on May 21, 2017, by the following vote: Yeas 138, | ||
| Nays 2, one present not voting; May 26, 2017, House granted request | ||
| of the Senate for appointment of Conference Committee; | ||
| May 27, 2017, House adopted Conference Committee Report by the | ||
| following vote: Yeas 133, Nays 12, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
