By Solis                                        H.B. No. 1221

      75R3051 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to regulating leasing in certain manufactured home

 1-3     communities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Title 8, Property Code, is amended by adding

 1-6     Chapter 94 to read as follows:

 1-7                  CHAPTER 94.  MANUFACTURED HOME TENANCIES

 1-8           Sec. 94.001.  DEFINITIONS.  In this chapter:

 1-9                 (1)  "Landlord" means the owner of a manufactured home

1-10     community and includes an agent or employee of the landlord.

1-11                 (2)  "Manufactured home" has the meaning assigned by

1-12     Section 3, Texas Manufactured Housing Standards Act (Article 5221f,

1-13     Vernon's Texas Civil Statutes).

1-14                 (3)  "Manufactured home community" means a parcel of

1-15     land on which 25 or more spaces are rented or available for rent

1-16     for installing and occupying manufactured homes.

1-17                 (4)  "Tenant" means a person who is authorized by lease

1-18     to occupy a space in a manufactured home community.

1-19           Sec. 94.002.  APPLICABILITY.  This chapter applies only to a

1-20     landlord of a manufactured home community.

1-21           Sec. 94.003.  LEASE REQUIREMENTS.  (a)  A landlord may not

1-22     rent space in a manufactured home community unless the landlord

1-23     provides the tenant with a written lease.

1-24           (b)  At a tenant's request, a landlord shall renew the term

 2-1     of a lease at the expiration of a lease unless at the time of

 2-2     expiration grounds for termination of the lease exist and the

 2-3     requirements of Section 94.004(b) have been satisfied.

 2-4           Sec. 94.004.  TERMINATION OF LEASE.  (a)  A landlord may

 2-5     terminate a lease only if:

 2-6                 (1)  the tenant fails to comply with local or state

 2-7     laws relating to manufactured homes or with reasonable lease

 2-8     provisions or manufactured home community rules; or

 2-9                 (2)  the rented space is condemned.

2-10           (b)  A landlord who terminates a lease under this section

2-11     must:

2-12                 (1)  notify the tenant in writing that the lease is

2-13     terminated; and

2-14                 (2)  provide the tenant not less than 30 days to remove

2-15     a tenant-owned manufactured home.

2-16           Sec. 94.005.  PROHIBITED ACTS.  (a)  A landlord may not

2-17     refuse to rent a space in a manufactured home community to a person

2-18     because the person purchased the manufactured home that is to be

2-19     installed on the space from a seller who is not approved by the

2-20     landlord.

2-21           (b)  A landlord may not require a tenant who sells a

2-22     manufactured home to pay a transfer fee to the landlord.

2-23           SECTION 2.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule is hereby suspended.